AgdaPkt 2003-08-25 - Laserfiche WebLink

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and welfare of the neighborhood," as contrary to the intent of State law limiting a city's discretion. Some likely elements of a draft ordinance regulating large family childcare homes would include: • A requirement to obtain a modified conditional use permit from the Zoning Administrator. • Public notice, at least 10 days in advance of a decision, to all owners of property within 100 feet of the site of the child care home. • Allowance for a request for hearing before the Zoning Administrator, if made within the 10 -day notice period. • Appeal to the City Council within 7 days after the date of a decision • Criteria for approval likely to include, at a minimum: 1) The home must be the principal residence of the provider and the childcare use must be incidental to the use of the property for residential purposes. 2) No structural changes to alter the character of the residence may be made. 3) At least one off - street parking space per employee not living in the home must be provided, in a location that does not impede loading or unloading children from vehicles. The provider's car is excluded from this. 4) Safe child boarding and disembarkation areas must be provided, generally off - street, and prohibiting vehicle movements backing onto arterial or collector streets. 5) A determination by the Zoning Administrator that the cumulative effects of the proposed large family child care home with others located in close proximity will not create excessive traffic, parking or noise impacts on neighbors. 6) Compliance with the requirements of the State Fire Marshal. 7) Possession of a valid and current license from the State. Staff believes that this process and these criteria will be consistent with the limitations of State law. Upon Council direction, staff will prepare a revised ordinance for review by the Planning Commission within the next 60 days. It's important to note that the intent of State law is to promote and facilitate these uses recognizing that family childcare is a statewide concern. Thus State law is "exclusive" in this area, typical zoning regulations may not be used to regulate large family childcare uses, and local agencies may not further add restrictions upon single - family residences for family daycare homes for children. Thus, any conditions that the City imposes must be narrowly defined and only relate to the State criteria. At the same time, the State is clear that cities should not prohibit such uses. One problem with adopting a Use Permit process is that although the intent of State law is to facilitate these uses and not prohibit them, by providing notice, a public hearing, and an appeal process, the City may be creating false expectations to the surrounding neighbors that it can really deny these uses based on any finding. Staff argued to the Commission that it would be far simpler to have some objective criteria established with a non - discretionary permit process. Not only would this be consistent with the intent of State law, but such a process would also be consistent with policy 6c of the Human Services Element of the General Plan, which specifically states: