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HomeMy WebLinkAboutCode Amendment 2006-007 - Day Care Regulations - PA2006-211CITY 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 palford _citv.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. Day Care Regulations October 19, 2006 Page 2 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. 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. mp e Planning Director 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 17 and Title 20 of the City of Newport Beach Municipal Code to revise land use regulations for day care centers; and WHEREAS, a public hearing was held on October 19, 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. `3 City of Newport Beach Planning Commission Resolution No. _ Pape 2 of 2 PASSED, APPROVED AND ADOPTED THIS 19th DAY OF October 2006. BY: Jeffrey Cole, Chairman M Robert Hawkins, Secretary AYES: NOES: M EXHIBIT A 20.05.030 Residential Use Classifications A. Day Care, Limited. "Day Care, Limited" means non - residential, non - medical care and supervision of hweWe44,1)- 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. the home count as children served by the day care facility. 2. Small Family Child Care Homes. Day care facilities located 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 thir#eea 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 200 &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, and Social Services Department licensing requirements (California Code of Regulations. Title 22, Division 2). E. Use Permit Required for Large Family Child Care Homes. In addition to large family child care home or other day care facility. 2. Drop- off /Pick -up Area. A drop- off /pick -up area shall be identified and approved by the Traffic Engineer. maximum of 14 hours for each day between the hours of IBM a.m. EXHIBIT A CA 2006 -007 0 w. 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