AgdaPkt 2003-08-25 - Laserfiche WebLink

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69-3 Revised provisions for "large family child day care homes" (new subsection 39.3(B)(7)) to delete requirements for public notice and hearing for these homes (with 7 -12 children). Also, to delete an existing highly subjective provision requiring that the "facility shall be operated in a manner which will not adversely affect adjoining residences and not be detrimental to the health, safety and welfare of the neighborhood ". Specific provisions in the applicable residential and nonresidential zoning districts, outlining permitted, accessory, and conditional uses, modified to reflect the revised terminology (usually adding the word "child" and sometimes reference to Section 39.3). The draft ordinance proposed by Staff and presented to the Planning Commission recommended Option 2 (non- discretionary permit) representing staff understanding of the City Council's intent from February 2000, and subsequent Council direction. The proposed revisions would have deleted all reference to notice and hearing and would have eliminated the discretionary components of the review process. Planning Commission Action On a 4 -2 vote, the Planning Commission did not agree with Option 2 (Council and staffs recommendation), but rather directed that staff forward to the Council an ordinance that provides for public notice (to all owners of property within 100 feet of the site) and a hearing, consistent with Option 3. (Because these changes are substantive revisions to the ordinance and because the Commission did not review specific language implementing that approach, a revised ordinance will need to be drafted if the Council concurs with the Commission's recommendation). The Commission did not object to other changes in the ordinance, but recommended that review of large family day care homes include a public notice and opportunity for neighbors to have input to the project, providing limited approval discretion for staff and the Council (Option 3). State law (Section 1597.46(a)(3) of the Health and Safety Code) allows a city to adopt a use permit or similar process, to be decided by the Zoning Administrator, but limits review to compliance with local ordinances prescribing: "...reasonable standards, restrictions and requirements concerning spacing and concentration, traffic control, parking and noise control ... and [that] complies with regulations adopted by the State Fire Marshal." The statute further provides if a city does adopt a use permit process then the following rules would apply: a) A notice should be provided by the City at least 10 days in advance of the decision to owners of property within 100 feet of the site; b) No hearing is required unless requested by the applicant or other affected person; and c) The decision may be appealed. If Council agrees with the Planning Commission, then staff will formulate such revisions to the proposed ordinance at the direction of the Council. Staff anticipates that while specific criteria for approval will be outlined, the ordinance will avoid the vague language of the current Code stating that the facility "will not be detrimental to the general health, safety