HomeMy WebLinkAboutCode Amendement 2006-007 - Day Care Regulations (PA2006-211)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
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Agenda Item No. 6
November 16, 2006
TO: PLANNING COMMISSION
FROM: Planning Department
Patrick J. Afford, Senior Planner
(949) 644 -3235
palford@city.newport-beach.ca.us
SUBJECT: Code Amendment 2006 -007
Day Care Regulations (PA 2006 -211)
ISSUE:
Should Title 20 (Zoning Code) of the Newport Beach Municipal Code be amended to
revise the land use regulations to distinguish day care centers for children and those for
adults and establish spacing, concentration, and operational standards?
RECOMMENDATION:
Adopt the attached resolution recommending approval of Code Amendment No. 2006-
007 to the City Council.
DISCUSSION:
Background:
Large Family Child Care Homes are day care facilities located in residences -where an
occupant of the residence provides care and supervision of no more than fourteen (14)
children. The California Child Day Care Facilities Act preempts local land use regulations,
but allows cities and counties to adopt reasonable standards, restrictions, and
requirements for Large Family Child Care Homes, including those concerning parking.
The proposed code amendment include a requirement that a drop - off /pick -up area must
be identified and approved by the City's Traffic Engineer. This was the only parking
standard proposed.
The Planning Commission held a public hearing on the proposed code amendment on
October 19, 2006. The Commission continued the hearing and directed staff to return with
an off - street parking requirement.
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Day Care Regulations
.November 16, 2006
Page 2
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Analysis:
A review of other communities that have adopted standards for Large Family Child Care
Homes require a drop- off /pick -up area or off - street parking spaces based on the number
of children and/or employees, or both. Some communities place additional restrictions on
drop - off /pick -up areas that require vehicles to back out onto arterial streets or streets with
speed limits of 30 or 35 miles per hour or higher. Representative standards from a
number of communities are provided in Attachment A.
The Institute of Transportation Engineers (ITE) publication Parking Generation contains
information on parking demand rates for various land uses. The ITE database includes an
analysis of 17 suburban and 21 urban day care locations, 75 percent of which were
located in Tennessee. This data is taken from large commercial day care facilities and not
the smaller, residentially -based Family Child Care Homes. These facilities averaged 85
children, 17 employees, and 4,200 square feet of gross floor area. Nevertheless, this data
can provide a benchmark to determine the appropriate off- street parking requirement.
The ITE analysis indicates an average peak period parking demand from 0.09 to 0.51
vehicles per child with an average of 0.24 vehicles per child. Vehicles per employee
ranged from 0.53 to 2.50 with an average of 135 vehicles per employee. Vehicles per
square foot ranged from 1.18 to 8.67 per 1,000 square feet of gross floor area with an •
average of 3.16 vehicles per 1,000 square feet of gross floor area. Counts were taken
between 7:00 and 9:00 a.m. and between 4:00 and 6:00 p.m.
Basing the parking requirement on the number of children or employees would be
problematic since it would be difficult to verify and the numbers may vary over time.
Therefore, establishing a set minimum number of off - street parking spaces per site is
recommended.
After reviewing the requirements from other communities and the ITE analysis, staff
believes that two (2) off - street parking spaces should be sufficient to accommodate the
parking demand for a facility with fourteen (14) children or less. This requirement would
be in addition to the two (2) off - street parking spaces required for the dwelling unit. A
driveway may be used for this purpose, provided the City's Traffic Engineer has approved
it as safe for dropping off and picking up children.
Environmental Review:
The proposed action is not defined as a project under the California Environmental
Quality Act (CEQA) because it involves general policy and procedure- making activities
not associated with a project or a physical change in the environment (Section 15378 of
the CEQA Guidelines).
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Day Care Regulations
November 16, 2006
Page 3
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Public Notice:
Notice of the October 19, 2006 hearing was published in the Daily Pilot a minimum of 10
days in advance of this hearing consistent with the Municipal Code. This included an
eighth page advertisement. Additionally, the item appeared upon the agenda for this
meeting, which was posted at City Hall and on the City website.
Prepared by:
atrick J. A ord
Senior Planner
Attachments:
Submitted by:
David Lepo
Planning DIKector
A. Representative parking standards for Large Family Child Care Homes.
B. Draft resolution.
C. October 19, 2006 Planning Commission staff report.
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Representative Parking Standards for Large Family Child Care Homes
Community
Standard
The city council may adopt general standards that may be applied to large family day care home
Costa Mesa
applications on a case -by -case basis. The final review authority may use these standards to impose
conditions upon the approval to achieve the purposes set forth in section 1331 and to maintain
neighborhood stability and cohesiveness.
Dana Point
1 stall/2 employees, plus 1 stall/5 children, based on fadlity capacity.
1 space for each staff member, plus, 1 space for each 5 children, or 1 space for each 10 children where a
Laguna Beach
circular driveway or its equivalent, designed for the continuous flow of passenger vehicles for the purpose
of loading and unloading children and capable of simultaneously accommodating at least 2 such
vehicles, is provided on the site.
San Clemente
A Passenger loading plan shall be approved by the decision- making body having authority over the
permit for the large family day care home.
A minimum of two off -greet parking spaces shall be provided in addition to those required by Section
17.36.040 (Number of Parking Spaces Required) for the single -family dwelling. The driveway may be
used to provide these spaces, if the driveway is of sufficient length to accommodate the parking of two
vehicles without either blocking any sidewalk or other pedestrian access.
Cotati
A tome located on a site with no on- street parking immediately in front of the site shall provide two
offstreet parking spaces for drop -offs in addition to the spacas required by Subsection C.2.a.
A home located on a street with a speed limit of 30 mites per hour or greater shall provide two off- street
parking spaces for drop -offs in addition to the spaces required by Subsection C.2.a, that are designed to
prevent vehicles from backing onto the street (e.g., circular driveway).
3 spaces minimum; may include spaces provided to fulfill residential parking requirements and on- street
parking so long as it abuts the site.
At least two off - street parking spaces shall be provided exclusively for dropping off and picking up
children. The driveway may be used to provide the off-street parking required by Section 13.36.040, ff the
Loomis
parking will not obstruct any required drop -off and pick up areas nor block any sidewalks or other public
access. Alternative parking and drop -off arrangements may be approved by the director based on traffic
and pedestrian safety considerations.
A home located on a street with a speed limit of thirty -five miles per hour or greater shall provide a drop -
off /pick -up area designed to prevent vehicles from backing onto the street (e.g. circular driveway).
1 space per employee, in addition to required residential spaces,
Off -street parking shall be as determined through use permit approval, but shall be a minimum of one
space per employee on the largest shift
Novato
A safe area for picking up and dropping off children shall be provided. This activity shall only be allowed
in a driveway, in an approved parking area, or in an area with direct access to the facility.
The use shall not negatively impact on -street parking in the neighborhood.
All dwellings used for large family day care facilities shall provide at least three (3) automobile parking
Sonoma
spaces. These may include spaces already provided to full residential parking requirements and on-
street parking so lorg as it abuts the site.
FTIMIKITU l7F4UW
RESOLUTION NO. "
• A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NEWPORT BEACH RECOMMENDING THE
ADOPTION OF CODE AMENDMENT NO. 2006 -007 (PA
2006 -211)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
WHEREAS, on September 26, 2006, the City Council initiated amendments to
Title 20 of the City of Newport Beach Municipal Code to revise land use regulations for
day care centers; and
WHEREAS, public hearings were held on October 19, 2006 and November 16,
2006 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach,
California. A notice of time, place and purpose of the meeting was given in accordance
with the Municipal Code. Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this meeting; and
WHEREAS, the Planning Commission finds as follows:
• 1. Current land use regulations for day care centers do not distinguish between
facilities for children and those for adults.
2. The California Child Day Care Facilities Act allows cities to adopt reasonable
standards, restrictions, and requirements for family day care homes concerning
spacing and concentration, traffic control, parking, and noise control.
3. The adoption of such regulations is necessary in order to protect the character
of the City s residential neighborhoods.
4. The proposed action is not defined as a project under the California
Environmental Quality Act (CEQA) because it involves general policy and
procedure making activities not associated with a project or a physical change
in the environment (Section 15378 of the CEQA Guidelines).
NOW, THEREFORE, BE IT RESOLVED that based on the aforementioned
findings, the Planning Commission hereby recommends that the City Council of the City
of Newport Beach adopt Code Amendment No. 2006 -007 to Title 20 of the Newport
Beach Municipal Code as provided in Exhibit A.
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City of Newport Beach
Planning Commission Resolution No. _
Paae 2 of 2
PASSED, APPROVED AND ADOPTED THIS 16th DAY OF NOVEMBER 2006. is
BY:
Jeffrey Cole, Chairman
M
Robert Hawkins, Secretary
AYES:
NOES:
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P.
• . EXHIBIT A
20.05.030 Residential Use Classifications
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A. Day Care. Limited. "Day Care, Limited" means non - residential,
non - medical care and supervision of *wekAe4;-2L)- fourteen or fewer
persons on a less than twenty-four hour basis. This classification
includes, but is not limited to, nursery schools, preschools, and day
care centers for children (large and small family day care homes)
and adults.
residence provides care and supervision for nine to fourteen
children. Children under the age of 10 years who reside in
the home count as children served by the day care facility.
Section 20.05.040 Public and Semipublic Land Use Classifications
F. Day Care. General. Provision of non - medical care for '"':,
fifteen or more persons on a less than 24 -hour basis. This
classification includes nursery schools, preschools, and day care
centers for children or adults.
Sections 20.10.020, 20.41.050, 20.43.060 (B), 20.44.035, 20.45.030 (B)
Revise land use regulation schedules to add large family child care homes and
small family child care homes, to permit large family child care homes with a use
permit approved by the Planning Director, to permit small family child care homes
by right, and add a cross reference to new Section 20.60.130 (Day Care
Facilities for Children).
EXHIBIT A
CA 2006-007
20.60.130 Day Care Facilities For Children .
A. Applicability. Day care facilities for children shall comply with the following
B. Licensing. California Department of Social Services licensing is required
for all day care facilities for children.
C. Care Provider's Residence. Each family child care home shall be the
principal residence of the care provider and the use shall be clearly
residential in character, and be incidental and secondary to the use of the
Property as a residence.
D. Additional Standards. Each family child care home shall comply with
applicable building and fire Codes, and standards adopted by the State,
E. Use Permit Reduired for Larae Familv Child Care Homes. An addition to
the requirements of Section 20.60.130 A -D, large family child care homes
shall require a use permit issued by the Planning Director. The Planning
Director shall approve the use permit if the large family child care home •
complies with Section 20.60.130 A -D and the following:
1. _ _ Separation Requirement. No large family child care home within a
residential district shall be located within 500 feet of an existing
large family child care home or other day care facility.
required for the dwelling unit. A driveway may be used to provide
these spaces, provided it is approved by the Traffic Engineer based
on traffic and pedestrian safety considerations.
3. Noise. In order to protect adiacent residential dwellings from noise
impacts, a facility within a residential district may only operate a
maximum of 14 hours for each day between the hours of 6:00 a.m.
and 8:00 p.m. and may only conduct outdoor activities between the
hours of 7:00 a.m. and 7:00 p.m.
EXHIBIT A
CA 2005007
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• Section 20.66.030
Revise the Off - Street Parking and Loading schedule as follows:
Off - Street Parking and Loading Spaces Required
Use Classification Off - Street Parking Spaces Off-Street
Loading Spaces
RESIDENTIAL
GROUP RESIDENTIAL
` DAY CARE, LIMITED
-LARGE FAMILY CHILD CARE HOMES
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1 covered per 2 guest rooms.
2 per site for drop -off and
pick -up purposes fin addition
to the spaces required for the
dwelling unit).
EXHIBIT A
CA 2006 -007
CITY OF NEWPORT BEACH
• PLANNING COMMISSION STAFF REPORT
Agenda Item No. 5
October 19, 2006
TO: PLANNING COMMISSION
FROM: Planning Department
Patrick J. Alford, Senior Planner
(949) 644 -3235
pa Iford(&city. newport- beach. ca. us
SUBJECT: Code Amendment 2006 -007
Day Care Regulations (PA 2006 -211)
ISSUE:
Should Title 20 (Zoning Code) of the Newport Beach Municipal Code be amended to
revise the land use regulations to distinguish day care centers for children and those for
adults and establish spacing, concentration, and operational standards?
• RECOMMENDATION:
Adopt the attached resolution recommending approval of Code Amendment No. 2006 -
007 to the City Council.
DISCUSSION:
Background:
The City Council initiated the proposed amendment on September 26, 2006.
Introduction:
The proposed amendment is intended to address the concern of potential over
concentration of day care centers in residential neighborhoods. Day care facilities
supervising twelve,(12) or fewer persons (Day Care, Limited) are permitted by right in
residential, commercial, and institutional zoning districts, while day care facilities
supervising thirteen (13) or more persons (Day Care, General) require a use permit. The
concern is that large day care centers could be established on abutting single - family
residential lots or within dwelling units on a two- family or multifamily residential lot. Thus, a
residential neighborhood would be impacted by what is effectively a large day care facility,
but without the regulatory controls of a use permit.
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Day Care Regulations.
October 19, 2006
Page 2
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The City's regulation of day care centers reflects the California Child Day Care Facilities
Act. This State law prohibits cities and counties from prohibiting "family day care homes"
for children on lots zoned for single - family dwellings. This preemption establishes two
types of family day care facilities: "small family day care homes for eight (8) children or
less and "large family day care homes' for seven (7) to fourteen (14) children'.
Furthermore, cities and counties are required to either permit large family day care homes
by right in residential zones or grant nondiscretionary permits for large family day care
homes in single- family zones. Reasonable standards, restrictions, and requirements
concerning spacing and concentration, traffic control, parking, and noise control are
permitted.
The Zoning Code does not incorporate all of the distinctions provided for under the State
law. Both small and large day care facilities for children are included in the Day Care,
Limited land use classification, which includes facilities for children or adults. Furthermore,
the Zoning Code contains no regulations regarding spacing and concentration, traffic
control, parking, and noise control.
Analysis:
The proposed amendment revises the land use regulations to distinguish day care centers
for children and those for adults, as provided for under State law. This involves adding two •
new subgroups under the Day Care, Limited land use classification: Large Family Child
Care Homes for nine (9) to fourteen (14) children and Small Family Child Care Homes for
eight (8) or fewer children.
Small family child care homes must be permitted by right. However, State law allows the
City the option of requiring a use permit for large family child care homes. The use permit.
must be nondiscretionary, meaning that is must be approved if the large family child care
home complies with all local regulations. Therefore, it is proposed that large family child
care homes require a use permit issued by the Planning Director.
The proposed amendment adds a new section to the Zoning Code (Section 20.60.130)
that requires all family child care homes (small and large) to be the principal residence of
the care provider, to be licensed by the State, and comply with applicable building and fire
codes and any standards adopted by the State. These are all State requirements, but
referencing them in the Zoning Code allows for local enforcement.
As stated earlier, State law allows the City to adopt reasonable standards, restrictions, and
requirements for large family child care homes concerning spacing and concentration,
traffic control, parking, and noise control. Therefore, the proposed amendment adds a
new section to the Zoning Code (Section 20.60.130), which includes the following
I The Zoning Code does currently not reflect the change in State law that increased the size of small •
family day care homes from 6 to 8 children and large family day care homes from 12 to 14.
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Day Care Regulations
October 19, 2006
Page 3
standards:
■ Spacing /Concentration. A large family child care home must be located at least five
hundred (500) feet from an existing day care center.
Drop - off /Pick -up. A drop -off /pick -up area must be identified and approved by the
City's Traffic Engineer.
Noise. A large family child care home may only operate a maximum of fourteen
(14) hours for each day between the hours of 6:00 a.m. and 8:00 p.m. and may
only conduct outdoor activities between the hours of 7:00 a.m. and 7:00 p.m.
Environmental Review:
The proposed action is not defined as a project under the California Environmental
Quality Act (CEQA) because it involves general policy and procedure- making activities
not associated with a project or a physical change in the environment (Section 15378 of
the CEQA Guidelines).
Public Notice:
Notice of this hearing was published in the Daily Pilot a minimum of 10 days in advance
of this hearing consistent with the Municipal Code. This included an eighth page
advertisement. Additionally, the item appeared upon the agenda for this meeting, which
was posted at City Hall and on the City website.
Prepared by:
Patrick J. Alford
Senior Planner
Attachments:
1. Draft resolution.
Submitted by:
Patricia L. Temple
Planning Director
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