HomeMy WebLinkAbout2006-27 - Approving an Amendment to Title 20 of the Newport Beach Municiapl Code Relating to Day Care Facilities [Code Amendment No. 2006-007]ORDINANCE NO. 2006-27
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH APPROVING AN AMENDMENT
TO TITLE 20 OF THE NEWPORT BEACH MUNICIPAL
CODE RELATING TO DAY CARE FACILITIES [CODE
AMENDMENT NO. 2006-0071
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, current land use regulations for day care centers do not distinguish
between facilities for children and those for adults; and
WHEREAS, 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;.and
WHEREAS, the adoption of such regulations is necessary in order to protect the
character of the City's residential neighborhoods; and
WHEREAS, the Planning Commission held public hearings on the proposed
amendment on October 19, 2006 and November 16, 2006; and
WHEREAS, the Planning Commission voted unanimously to recommend
approval of this code amendment to the City Council; and
WHEREAS, the proposed action is not defined as a project under the Califomia
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).
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1: Title 20 of the Newport Beach Municipal Code shall be amended as
provided in Exhibit A.
SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. This Ordinance shall be published once in the official newspaper of
the City, and the same shall become effective thirty (30) days after the date of its
adoption.
This Ordinance was introduced at a regular meeting of the City Council of the
City of Newport Beach held on December 12, 2006, and adopted on the ft day of
January, 2007, by the following vote, to wit:
AYES, COUNCIL MEMBERS Henn, Curry, Selich, Webb,
Daigle, Gardner, Mayor Rosansky
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
None:
None
CITY CLERK
EXHIBIT A
20.05.030 Residential Use Classifications
A. Dav Care. Limited. "Day Care, Limited" means non - residential, non-
medical care and supervision of 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.
Large Family Child Care Homes. Day care facilities located in
single - family residences where an occupant of the 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.
2. Small Familv Child Care Homes. Day care facilities located in
single - family residences where an occupant of the residence
provides care and supervision for eight or fewer 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, 20.44.040, 20.45.030 (B)
Revise land use regulation schedules for the Residential - Agricultural (R -A), Single -
Family Residential (R -1), Restricted Two Family Residential (R -1.5), Two Family
Residential (R -2), and Multi - Family Residential (MFR), Newport Shore Specific Plan
(SP -4), Cannery Village /McFadden Square Specific Plan (SP-6 R -1, R -2, and MFR),
Santa Ana Heights Specific Plan (SP -7 REQ and RSF), and the Central Balboa Specific
Plan (SP -8 R -2 and MFR) Districts to:
1. Add Large Family Child Care Homes and Small Family Child Care Homes.
2. Permit Large Family Child Care Homes with a use permit approved by the
Planning Director.
3. Permit Small Family Child Care Homes by right.
4. Indicate that no other Day Care, Limited uses are permitted.
5. Add a cross reference to new Section 20.60.130 (Day Care Facilities for
Children).
20.60.130 Day Care Facilities For Children
A. Applicability. Day care facilities for children, including Large Family Child Care
Homes, Small Family Child Care Homes, and Day Care, General, shall comply
with the following standards. These standards shall apply in addition to those
requirements imposed by the California Department of Social Services.
B. Licensing. California Department of Social Services licensing is required for all
daycare 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 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.
2. Drop -off /Pick -up Area. A minimum of 2 off - street parking spaces as a
drop -off and pick -up area shall be provided in addition to those 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 adjacent 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.
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
1 covered per 2 guest rooms.
2 per site for drop-off and
pick -up purposes (in addition
to the spaces required for the
dwelling unit).
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 2006 -27 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the 9th
day of January 2007, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Curry, Selich, Webb, Daigle, Gardner, Mayor Rosansky
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 10th day of January 2007.
(Seal)
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2006 -27 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: January 13, 2007.
In witness whereof, I have hereunto subscribed dmmyf /name this day of r
2007.
City Clerk
City of Newport Beach, California