AgdaPkt 2003-10-27 - Laserfiche WebLink

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9A-I To the Honorable Mayor and City Council From the City Manager October 27, 2003 Subject Amendments to the Zoning Ordinance Relating to Provisions of Child Care Facilities. Recommendation Adopt the Attached Ordinance Background On August 25, the City Council directed staff to prepare an ordinance which requires a Conditional Use Permit process for large family child care homes'. Please refer to the attached minutes. California State Law specifies that a local jurisdiction may not prohibit "large family child care" homes Cities have three options for their review: Option 1: to allow them by right; or Option 2: to require a "non- discretionary" permit, with no hearing and specifying "prescribed reasonable conditions" related to only four potential impact factors: parking, traffic, noise, and spacing concentrations of homes; or Option 3: to require a modified conditional use permit and process which: • May only address the same four areas of potential impact noted above with "prescribed reasonable conditions" • Must only require noticing within 100 feet (to be conducted by the City); Must only hold a hearing if requested by an affected party (i.e. a neighbor or the prospective licensee); • The applicant or other affected person may appeal the decision. The City Council selected Option 3 and recommended that staff prepare an ordinance to bring back for its adoption. This decision was also consistent with the recommendation of the Planning Commission. Proposed Ordinance Attached is a proposed ordinance which reflects the City Council's decision. The key provisions of the proposed ordinance includes the following: Updated definitions of "child care facility," "child care center," "child care home," and • "family child care home" (small and large) to provide consistency with State regulations and to distinguish child day care from other kinds of day care (such as adult day care) that are common today. ' A "large family child care" home is a home that accommodates 7 — 12 children, and in some cases up to 14 children.