HomeMy WebLinkAboutPlanning Commission 2014-06-10 #2Community Dev elopment Department -Planning Division
P. D . Box 151 560, Sa n Ra fael, CA 94915-1560
PHONE: (415) 485·3085/FAX: (415) 485 -3 184
Meeting Date: Jun e 10 , 2014
Agenda Item: 2
Case Numbers: Z014-001
Project Planner : Paul Jensen-415.485 ,5064~
REPORT TO PLANNING COMMISSION
SUBJECT: San Rafael Municipal Code Amendments -Title 14 (Zoning) -Amendments to
zoni ng per mit and performance standard requirements for large family day ca re hom es
for c hildren ; City of San Rafael , p roj ect proponent : File No(s),: Z0 14 -0 01
EXECUTIVE SUMMARY
Title 14 , Zonihg of the San Rafael Municipal Code include s permit requirem e nts for larg e family day care
homes for ch ildren and adults, when es tablished to operate in residential and mi xed -use residential/offic e
zo ning districts , Fo r large family day care homes for children , Title 14 (specifical ly Section 14 .17.040)
i nclud es a list of required performanc e and operational standards to ensure that th e day care home
operates with minimal im pa cts to surrounding residents , City st aff is proposing amendments to both th e
permit and performance standards requirements , The proposed amendments would change the permit
requirement from a Us e Permit (Zoning Administrator-level) to an Administrative Use Permit. Further,
the performance standards have been updat ed. The proposed code amendments were prepared in
collaboration with several representatives of the local family day care home ope rato rs .
The proposed code amendments were initiated for several reasons. First, thi s effort was prompted by
the discovery t hat 19 of the 27 State-licensed large family day care homes for ch ildren curren tly
operating in San Rafae l are un-permitted (no Use Permit). Second , the permit process recent ly
undertaken for the large day care hom e at 23 Baypoint Drive prompted a review of the State law and th e
extent of performance standards that can be imposed by the City . To that end, the propo sed code
amendments would : a) provide a more streamlined permit process for the child care home operators; b)
improve and provide clarity to the required performance standards ; and c) wou ld be consistent with the
San Rafae l General Plan 2020, which co ntains specific policies and programs that encourage family day
care homes for c hildren as a needed community service .
RECOMMENDATION
It is recommended that the Planning Commission take the following action :
1 . Open public hearing and accept publi c comment;
2 . Discuss and deliberate; and
3. Adopt resolution recommending to City Council adoption of municipal code amendments
BACKGROUND
State Laws Regulating Family Day Care Facilities
In the 1970's the State of California passed legislation estab lishing regula tio ns and requirements for
family day care facilities (centers and homes). The legislation requ ires tha t each family day care facility
be lic e nsed by the State of California (California Department of Social Services Community Care
Licensing Division) and it sets speci fi c mandatesllimitations on loca l jurisdi ction perrnitting requirements
REPORT TO PLANN ING COMM I SS ION -Case No: Z014-001 Page 2
and rev iew . Allhough there have been some changes in the State laws since the 1970's , the general
mandates have not changed . The current State laws prescribe the following :
}> Large Family Day Care Facilities . A State license is required by the State of California
Department of Soc ia l Services for all fami l y day care facil iti es, whic h include large family day care
centers (commercial operation) or day care homes operating in a private residence (nine to 14
chi ldren). In order to ob tai n a State license , the faci lity operator/proponent must meet certain
requirements, including but no t limited to : minimum staffing requirements (required ratio of staff to
number of childre n); operational procedures ; minimum amount of activity area per chi ld;
insurance coverage ; report ing requ irements; and a crim ina l record search.
For large fami ly day care faci lities fo r chi ldren (faci lities fo r nine or more children) the State
requires that a fire safety clearance ("850 " inspection), wh ich is conducted and passed by the
local jurisdiction fire marsha l. The request for inspect ion is made by the State directly to the loca l
fire mars hal and the li ce nse is not issued un less and un t il the proposed faci lity has passed this
fire inspection . As a one-t ime inspection , the scope of this inspection covers the following :
• Ensuring that there is proper posting of the property address
• Installation of f ire extinguisher (one , 2-A:10-B :C-rated)
• Use of re -Iocatable power taps rather than extension cords
• Installation of smoke and carbon monoxide alarms in areas where childr en are sl eeping
• Installation of a manual fire alarm
• Ensuring that there are two acceptable exits and locking devices/hardware on exterior
gates
• Verify ing that the enclosed garage area is not used as part of the day care faci lity
operation
A local jurisdiction has the authority to exercise la nd use/zoning permit requ irements and impose
performance or operat ional standards fo r large family day ca re fac iliti es (nine or more children) in
all zoning d istricts. Many loca l jurisdictions require a Use Permit for large family day care
facilities . The State law sets some limitations on the leve l of performance or operat iona l
standards a local jurisdiction can impose . The local j urisdiction can impose on ly "reasonab le
standards " limited to four types of neighborhood impact : a) spacing and concentration (local
jurisdiction Can impose "spacing requirements" meaning the local ordinance can require a
mini m um distance between day care homes); b) noise contro l; c) traffic control; and d) parking . A
local jurisdiction can a lso require tha t a chi ld care home operator obtai n a loca l bus iness li ce nse .
}> Small Fami ly Day Care Facilities . Small family day care f acilities serving eight or fewer children
are requ ired to secure a State license . However, these faci lities are preempted from lo ca l zoning
and land use permits (e .g ., Use Permi t) and other loca l regulations and requirements such as
business lic enses. Th is preemption applies to all zoning distric ts. Essentia ll y, the St ate law
requ ires that local zoning treat any small fam ily day care home as a residential use, meaning tha t
zo ning cannot be used to impose any requirements over and above those imposed on any
home/residence in the residential zones . Consequently, a small family day care home for child ren
is permitted to be estab lished in a residence that is located in a sing le-family residential zo ning
district and no business li cense or fire inspection is required .
San Rafae l Regu l ations for Fam il y Day Care Homes for Chi l dren
The City of San Rafael Municipal Code land use regulations for fam ily day care faci lities are current
consistent wit h the State law . As mandated , the City does not regu late or requ ire a land use/zoning
permit or a business license for smal l family day care fac il ities for chi ldren . However , for large family day
care fac ilities for children , the San Rafael Mun ici pal Code requires the fo ll owing :
REPORT TO PLANNING COMMISSION -Case No: Z014-001 Page 3
» A Use Permit (Planning Commission-level review) is required for all large family day care centers
p ermitt ed in non -residential and high-de nsity residential zoning districts . The processing fee for
this Use Permit is "cost recovery," meaning an initial deposit amount is required for filing the
application and staff time is billed when the deposit amount is exhausted , The ini tial deposit
amount for a Planning Commission -level Use Permit is $4,305 .00 , which is estimated to cover 70 -
80% of the staff time for application processing . The Planning Commission 's action on a Use
Perm it can be appea led to the City Council.
? A Use Permit (Zoning Administrator-level review) is required for all large family day care homes
(n ine to 14 ch ildren) located in residential (R, DR, MR , HR and PD Districts) and residential/office
(R/O and 5/MR/O Districts). The fee for a Zoning Administrator-level Use Permit is $2,476.00 (f lat
fee). The Zoning Administrator's action on a Use Permit can be appea led to the Planning
Commission .
» Large fami ly day care hom es for children located in residential districts are required to comply
with specific performance standards, which are set forth in SRMC Section 14 .17 .040 . The
performance standards are intended to ensure that the day care homes operate in a home
environment conducive to hea lth and safety development and that traffic and noise impacts
related to the operation do not adv erse ly impact adjacent neighborhood . These standards
require, among others : fences and walls in outdoor areas to control noise and maintain privacy ;
limitati ons on the hours of operation for outdoor activ ities (7 :00am-9 :0 0pm on ly); sa fe passenger
loading/drop-off; off-stree t parking; and light ing .
The City of San Rafael requires that the operator of a large family day care home obtain a City business
license . The City business li cense for such homes is treated simi lar to a "home occupation : which
requires a one-time fire inspection . The business li cense must be renewed annua lly .
The goals, policies and programs of the San Rafael Genera l Plan 2020 encourage family day care
facilities , which provide a strong support system for res id ents and employees working in San Rafael .
The General Plan acknowledges that family day care fac iliti es provide a needed service, which has
grown over the years because of the increasing number of single-paren t and dual -i ncome households
(both parents working).
Regulations for Large Family Day Care Homes in Other Marin Jurisdictions
Staff conducted a survey of the local jurisdictions in Marin County to determine and compare the
permitt in g and performa nce standard requir emen ts . This survey is presented In attached Exhibit 5. The
survey discloses that the permit and performance standards vary by jurisdiction :
» The City of Novato requires no Use Permit or specia l permit to estab li sh a large family day care
home for children in residentia l districts . A large family day care home is considered to be a
permitted use, but st ill must operate under a State license .
» The County of Marin requires a "Family Day Care Permit ," whic h requires action by the
Community Development Director. This action can be appealed to th e Planning Commiss ion .
» The Ci ty of Mill Valley requires a "Large Family Day Care Home Permit ," whi ch is processed
similar to a home occupation permit , but requires a not ification to property owners within 100 feet
of the facilities before action is taken by the Commun ity Deve lo pm ent Director. T hi s action can
be appea led to the Zoning Administrator.
» Severa l of the Marin jurisdictions require "spaCing requirements" to Avoid overconcentration of
day ca re homes in one area . The County of Marin and the Town of Tiburon do not permit two day
REPORT TO PLANNING COMM ISS IO N -Case No: Z014-0 01 Page 4
care homes to abut. The City of Mill Va ll ey requires a minimum distance of 500 feet between day
care homes.
» Mos t Marin jurisd ictions require that the day ca re home comply with the loca l noise ordinance .
like San Rafae l. the County of Marin limits operations on outdoor use areas to 7 :00am to
7 :00pm .
» The permit fees range from $500 (County of Marin) to $1,000 (Tiburon). The perm it fees are
considerably l ower than the Zoning Administrator-leve l Use Permit required by San Rafael.
Current Status of Fam il y Day Care Homes f o r C hildren in San Rafae l
The State of California Department of Social Services does not pub lish a list of the State -licensed, small
fami ly day care homes for children . Given that these homes are exempt from zoning permits, are not
subject to an 850 fire inspection, nor are required to secure a business license, it Is difficult to determine
the specific number of sma ll fami ly care homes in San Ra fael. However, t he Department of Soc ia l
Services website provides a li st of the large family day care homes by zip code . This information is
accessible at http ://www .ccld .ca .gov/docs/ccld sear ch/ccld search .aspx . In San Rafael, there are 27
State -licensed large family day care homes for children, which operate in residential zoning districts . An
inventory of these licensed homes is presented in attached Exhibit 3 . A citywide map identifying the
gene ral locatio n of these large family day care homes is provided in attached Exh ibi t 6 .
In 2013 , as part of City 's annual business license renewal review , the City Finance Department found
that of the 27 homes , 2 1 do not have a business license and 19 homes do not have an approved Use
Permit . As a result, the operators of these faci li ties were notified , via mai l by t he Finance Departme nt,
and were directed to ob tain a bus iness li cense and f il e a Use Permi t app li ca ti on. This noti ficat ion came
as a surprise to the operators as most of them have been in bus iness as a large family day care home
for many yea rs and had not been previous ly informed or aware of the City licensing and permits
requiremen ts. The notif ication to each home operator required that a penalty and past business tax be
paid for three years , in addition to the Use Permit fi ling fee of $2,476 .00. In response , on September 16,
2013 , a group of the day care home operators made a presentation to the City Counci l requesting t hat
the permit and business license requirements be reviewed and they be provided wi th relief .
Since the September 16, 2013 presentation to the City CounCil , staff has been working wit h three
representa tives of the large family day care home operators . With t he assistance of the City Manager,
the care home operato rs we re guided to fi le for a business license application and past bus iness taxes
and penalties were waived . Further, the City suspended the requi rement for the operators to file a Use
Permit application until the current permit regulations were reviewed and amended . In initial meetings
with the representatives, staff found that nearly all of these businesses had started as small child day
ca re homes (less than eight chi ldren) and , over time had grown to large day care home status . The
operators had secu red the appropriate State license to change their care home status and were issued
the required '850 " fire inspection . However, as part of the State licensing process to change this status ,
the State provided li tt le direct ion or advice to the operators to con t act the City for required permits and
licenses . As our Fire Department inspections were provided directly to the State, there was no prompt for
the City to advise the operators that a Use Permit and bus iness license would be required to change the
status of their day care 110me from smal l to large . State sta ff has indicated to City staff that they prov ide
general adv ise to care home operators on the need to check with the local jurisdictions regarding permit
and license requ irements . However, with the e xception of required fire inspection , the Sta te does not
have a process that requi res proof of local jurisdiction approval before a State license is issued . For this
reason, there is need to estab lish a belte r City process that would inform the day care home operator of
loca l permit and license requirements . As a resu lt of this discovery, the C ity has initiated and will be
implementing the foll owi ng process steps :
REPORT TO PLANN IN G COMMISSION -Case No: Z014-001 Page 5
1. The Fire Department receives a request from th e State to conduct an "850" fire inspection
2. Before th e inspecti on is condu cted, the req ue st wi ll be forwarded to th e Commun it y Development
and Finance Departments
3 . The Community Development Department will review to determine City permit requirements
4 . The day care home operator will be co nta cted to inform them of City permit and business license
requirements
5. If City permits are required , the Fire Departm en t will respond to th e State and indicate tha t fire
insp ectio n wil l not be completed unti l the operator ha s filed for th e appropriate City permit
6 . The "850 " fire inspection will be completed and the State wi ll be inform ed of this approva l before
the Ci ty perm it is approved .
In working with the rep resentatives of the day c are home operators, it became apparent that our current
permit requirements and performance standards we re worlhy of review and revision . The suggestions
Ihat ca me forth included the fOllowing :
~ The City fees for securing a Use Permit are very high compa re d to other Mar in juri sdi ctions . It
was noted that the re are many child care homes tha t provide a service to lower-income clients , so
the pe rmit fee should be affordable .
. ~ Most child day care hom es operate without any impacts to neighbors or surrounding residents, so
the permit requirements and process shou ld not be overwhelm ing to the operator.
~ The City-re quired performance and operationa l sta nd ards should be re viewed to ens ure they are
reasonable and consistent with State law.
~ The City shou ld prepare an informational handout for the public that describes the City perm it ,
li cense and inspection requ iremen t s for fami ly day ca re homes . This informational handou t
shou ld be published in Eng li sh and Spanish .
PRO J ECT DESCRIPTION
Proposed Amendments to Permit and Performance Standard Regulations
After months of research and a review of opt ions for large family day care homes for children , and
co nsu ltation with the City Counci l sub-committee and ch ild care home representatives , staff is proposing
the fO ll owing amendments to San Ra fael Municipal Code (SRMC) T itl e 14 :
» In res identia l (R, DR, MR , HR and PO) and residential-office (RIO , 5/MR/O) districts, it is
recommended that current Use Permit (CZ-Zo ning Administrator) be rep laced with a
requirement for an Administrative Use Permit (A). This change requires amendments to SRMC
Sections 14 .04 .020 (Table 14 .04.020), 14 .05 .020 (Table 14 .05 .020), and 14.05 .022 (Table
14 .05 .022). No changes are proposed to the perm it requi reme nts for large family day care
home s for children in the non -residential districts .
» SRMC Section 14 .17 .040 (Large famil y day care home) sets forth the performance and
operationa l standard s for large family day care homes for chi ldren . In brief, th e amendments t o
th ese standards propose the fOllowing :
• Acknowledgement of the Administrative Use Permit req uirement and noticing process for
action . The Administrative Use Permit would be reviewed by the Community
REPORT TO PLANNING COMMISSION -Case No: Z014·001 Page 6
Development Department Director for compliance with the standards . Upon finding the
application in comp lian ce with the standards, the Director would mail a written decision of
action to the applicant , property owner, and th e property owner and residents that are
imm edia t ely contiguous to and across the street/road from the proposed day care hom e.
The written decision of action would offer th e right of appeal of the decision within five (5)
working days. Appeals would be made to th e Planning Commission .
• The outdoor activity and play area standards are proposed to be combined . The
amendmen ts propose to retain th e current , allowed hours of outdoor activity , which is
7:00am to 9:00pm . An additional sta ndard requ ires that outdoor activities comp ly with the
general nois e limits of the City's noise ordinance .
• For the off-street parking standards , it is recommended that the use of required , covere d
parking for th e residence (garage) for the child care operation be prohibited . Further , the
specific provision for two (2) parking spaces is proposed for deletion as the City 's parking
requirements vary by residential unit type. The provision for cOmpliance with th e parking
requirement for th e residential use would remain .
• For the passenger loadi ng standards, it is recommended that th e required passenger
load ing plan demonstrate that adequate and safe access can be provided with minimal
disruption to local traffic and circulation.
• The requirements for the fire inspection clearance and City business license hav e been
added to the standards .
The proposed text amendmen ts are presented in attached Exhibit A of Exhibi t 1 (draft resolution).
Please note that the amendments are presented in underline and stAkee~ format.
As noted above, seve ral permitting options were considered along with a more expa nded list of
performance and operational standards . A discussion of these options (pros and cons) is presented
und er the Analysis section of this report .
Recommendation for Amnesty to Current, Licensed Large Family Day Care Homes
As most of the 19 ex ist ing , un-permitted large family day care homes for ch ildren have operated for a
number of years and had no knowledge of the Us e Permit requirement , staff is recommending amnesty
for these operators . For State -li censed, un -permitted, large child care homes in operation prior to
January 1, 20 14 (those specific child care homes listed in the Exhibit 3 inventory), the operators will be
required to file for an Administrative Us e Permit. Based on a review of the sites and loc atio ns of these
individual day care homes, all homes generally comply with the recommended performance and
operational standards. Further, with the exception of one family day care home, the City has no record
of code enforcement actions for any of the homes that would be cause to find the operations non-
compliant with the City code . For thi s reason, the Administrative Use Permit applications for these
ex istin g day care homes will be reviewed and approved without an appeal process . The amnesty is
addressed in the draft reso lution (Exhibit 1) and will be presented to the City Council to consider with the
ordinance cover in g the municipal code amendments .
As suggested by the child care hom e representatives, staff is preparing a public information sheet
summarizing the City requirements for smal l and large family day care hom es for children . It is expected
that this information sheet will be completed in the ne xt several months . The informational sheet will be
available in hardcopy and posted on the City 's webs ite . The sheet will be published in both English and
Spanish ,
ANALYSIS
Consistency with San Rafael General Plan 2020
As noted above , the San Rafael General Plan 2020 contains policies and programs that strong ly
encourage child care . The proposed municipal code amendmen ts would con tin ue to encourage and
REPORT TO PLANNING COMMISSION -Case No : Z014-001 Page 7
reinforce the value and importance of ch il d care services in San Rafael , particularly child care homes .
Overall , the proposed code amendments would be consistent with the following key General Plan 2020
policies :
Land Use Element Policy LU-19 (Chi/dcare)_ Plan for and encourage the development of new
and the retent ion of exi sting childcare centers to meet neighborhood and citywide childcare
needs . In conjunct ion With the school districts , encourage continuation of chi ld care programs at
school sites because of their suitability for such us es and co nvenient locations in residential
ne ighborhoods .
Response : The propose d municip al code amendments would st ream lin e the permit process
for th ese homes, which wou ld encourage th e establishm ent of new and the retention of ex istin g
family day care IlOme s for children.
Neighborhood Element Policy NH-11 (Needed Neighborhood-Serving Uses). Give pr ior ity to
"need ed neighborhood -serving uses." Examples of needed neighborhood -serving uses are:
supermarkets; craft stores; cafes ; restaurants; drug stores; neighborhood shopping centers which
inc lu de us es such as dry cleaners , delis and market s, video store s, etc .; health and medical
fa ciliti es and services ; as well as improved public uses and services such as parks, sc hoo ls, ch ild
ca re, and po lice services. Other similar use s that serve primarily neighborhood residents and/or
emp loy ees and receive broad neighborhood support may also q ualify.
Response : A large family day ca re hom e for children is co nside red a nee ded neighborh ood-
serv(ng use, which is provides a critic al service to th e City 's res idents and th e workforce . Th e
propo se d municip al code amendments wou ld pro vide a more strea mlin ed permit process and
clearer performa nce standards for larg e family day care homes for children.
Neighborhood Element Policy NH -52 (New Business Development). Encourag e and give
pri ority to new business development that benefits the ne ig hborhood through provisions of
neede d se rvi ce s, low traffic impacts or employment of a hig h percentage of neighborhood
resid e nts . Encourage opportunities for local residents to own and op erate bu si ness es
Response : Til e prop osed municipal code amendments wou ld fur t her support th e hom e-b ase d
bu siness of providin g ne eded child ca r e in th e r eside ntial and residentialloffice districts and
neighb orh oods through out th e City.
Neighborhood Element Policy NH-66 (Chi/dcare). Prov id e more affordab le, quality , chi ldca re
faciliti es t hat support the communi ty.
R esponse: The proposed municipa l co de amendments would cllan ge th e permit provis ion to
require the child ca re hom e operator to obtain an Administrative Use Permit process. The
Administrative Use Permit has a more strea mlin ed process and a substantially-reduce d
app lication fee , • which is adva ntage ous 10 family clay care hom es that a re marke ting afford ab le
ch ild care service. Furiher, the proposed amendments wou ld be consistent with th e City
Council's direction to refine, adjust and strea mlin e our City selVices and permit processes
com mensura te with reduced budgeting and staffing .
• N ote: Th e p ermit fe e wou ld be redu ce d from $2,476.00 to $1,420.00 for an Administrative
Use Permit. A redu ction in the Administrative Use Permit fee to $398 .00 is being
propo sed by staff with til e l ates t Master Fee SchedLile update . This fee sclledLile update
will be presented t o th e City Co un cil f or cons ide ration and ac tion within th e next severa l
months .
REPORT TO PLANNING COMMISSION· Case No: Z014·001 Page 8
Consistency with Title 14 • Zoning
The proposed municipal code amendments would be consistent and not in conflict with the purposes and
provisions of SRMC Title 14 (Zoning) in that:
1. The proposed municipal code amendments wou ld change permit and operational use regulations
for large fami ly child care homes for children in residential and residential/office districts only .
The proposed amendments wou ld not impact or change use regulations for family day care in
other zoning districts in the City .
2 . The proposed municipal code amendments wou ld continue to require a discretio nary permit and
compliance with and comp liance with specific performance standards , which would ensure that
large family day care homes for children located in res idential and residential/off ice districts wou ld
be compatib le w ith and operate with minimal impacts to adjace nt residences .
3 . With the incorporation of the proposed revisions to the perfo r mance standards , the estab lishment
of new family day care homes for c hil dren would reinforce ensurin g the healt h, safety or we lf are
of the child care clients , the surrounding residents and the neighborhood at large.
Other Permitting and Regulation Options Considered
As discussed above, as part of the project, a number of options were considered for permitting and
adjusting the performance standards for large family day care homes for chil dren . The permitting options
are presented in the attached table (Exhibit 4), w hi ch in c lud es a discussion of th e pros and cons for each
option . A summary is p ro vid ed as follows :
1. Op tion 1-Status Quo . This option would maintain the current Use Permit (Zoning Adm ini st rator·
leve l review) requirement . This opt ion would continue the current process , which is costly to th e
child care home operator and would not promot e permit streamlining .
2 . Option 2-Current Proposal. This option presents the Administrative Use Perm it req uirement
summarized and recommended in thi s report . While the currently-proposed code amendments
wou ld promote a more streamlined , less costly process fo r the chi ld care operator, the current
appeal process would not be elimin ated . The potential for appeals would continue, sim ilar to the
recent permit review and approva l process that was encountered with the child day care home at
23 Baypoint Drive .
3. Option 3-Hybrid Permit Proposal. This option cons iders: a) the Administrative Use Permit
requ iremen t for large family day care homes for chi ldren proposed in attached reside nces (e .g.,
town home s and condominiums where th ere are shared walls be tween residences and closely -
spaced private outdoor yard/use areas such as the day care home at 23 Baypoint Drive); and b) a
Ministerial Permit for large family day care homes for chi ld re n proposed in detached residences
(e .g ., detached single-fami ly home s on conventionally-sized residentia l lots). Under both
situations, the day care hom es wou ld be required to comply with the Ci ty-adopted performance
standard prescrib ed in SRMC Sect ion 14 .17 .040 . However, fo r day ca re operations proposed in
detached single-fami ly re si dences , there would be no right of appea l to the permit action .
This option ha s merit and i s worthy of consideration for the foll owing reasons :
a . Th e State laws an d regulation s a ll owing family day care homes in resid ences were in it iall y
envisioned and intended for day care hom e operation in detached , sin gle-family homes on
conventional residential lots where there are no shared wa ll s and where outdoor yard/use
areas provide amp le setbacks and separation from adjacent residents .
b. The City's Noise Ordinance (SRMC Chapter 8.10) sets different noise limits and standards f or
a single-fam il y residence and multiple-family residences th at have shared wa ll s betwee n
units; the all owable no ise (decibel) limits for the latter are lower .
REPORT TO PLANNING COMMISSION -Case No: Z014·001 Page 9
c. A ministerial permit would truly streamline permit review and reduce cost to the large family
day care home for children located in detached res idences . However, a ministerial permit is
not recommended for day care homes in attached residences where noise impacts might be
better controlled through permit conditions and where there is a more constrained or smaller
outdoor yard area .
4 . Option 4-No Permit. This option would eliminate the Use Permit requirement for large family day
care homes for children and allow such uses by -right in residential and resident ial/office
neighborhoods (similar to code provisions adopted in the City of Novato). This option would not
require that the day care home comply with adopted performance standards (such as those
currently required by our municipal code). This option is not recommended as it provides little
opportunity for tracking family child care homes in the City and provides no neighborhood input
into the review of such day care homes .
These permit opt ions were presented to the City Council Subcommittee (group homes). The City
Council Subcommittee supported Option 2, as proposed in this staff report . The City Council
Sub committee supports the reduced Administrative Use Permit because it focuses day care home
compliance on the specific list of performance standards , streamlines the permit process and reduces
the permit cost to the operator, but retains the right of appeal by the care home operator and public.
The following performance standard options were considered for addition to SRMC Section 14 .17 .040 ,
but were rejected :
1. Requiring a specific amount of indoor or outdoor (yard) activity space for each child who is not an
infant (e .g .. 75 square -feet of space per chi ld). This standard is required by State license .
Further , this standard is beyond the limits of regu lation that a local jurisdiction can impose on a
family day care home . As discussed above , a local jurisdiction is limited to regulating no ise,
parking , traffic control and spaCing of fami ly day care homes only .
2 . Imposing spacing or separation requirements between family day care homes (e .g .. a minimum
distance of 500 feet between family day care homes). Staff believes that there is no need to
impose separation/spacing requirements . As presented in the map of eX isting , large family day
care homes for children in San Rafael (Exhibit 6), these homes are dispers ed throughout the City
and there is no over concentration in one geographic area .
3. Changing the a ll owable hours for use of the outdoor yard area . The current performance
standard provisions allow outdoor yard area use hours of 7 :00am-9 :00pm. One consideration
was to change the allowab le use hours from 7:00am-7 :00pm to further reduce potential noise
impacts to neighboring residents . This proposal was dismissed for several reasons . First , the
child care operator representatives noted that , while evening use of the outdoor yard area is
ir regular, the day care home should not preclude early evening use during the summer months .
Second , staff has researched the City records of the 27 existing day care homes for possible
code enforcement complaints and calls for Police service related to e xcessive noise . No record
of noise complaints was discovered .
4 . Requiring compliance with the Building Code . Staff believes that this standard is not necessary .
The State-required "850" fire inspection addresses health and safety , as well as complian ce with
applicable fire code provisions .
ENV IRONM ENTAL DETERMINATION
The municipal code amendments do not propose any changes to the City pol icies or regulations that
would result in a direct or indirect physical , environmenta l impact. While the code amendments propose
REPORT TO PLANNING COMMISS ION -Case No: Z014 -001 Page 10
amnesty for existing , currently un -permitted family child care homes for children, these homes have been
operating for many years in general compliance with the existing and proposed operational requirements ,
For these reasons , the munic ipa l code amendments are covered under the "general rule " that the
Ca liforn ia Environmenta l Quality Act (CEQA) app lies on ly to projects that have the potential for causing a
significant effect on the environment pursuant to CEQA Gu id elines Section 15061 (b)(3), and are
therefore, not subject to environmenta l review ,
NEIGHBORHOOD MEETING I CORRESPONDENCE
Notice of this meeting was mailed to all interested and affecte d parties 15 days prior to th e meeting date,
The list of those notified includes large family day care homes owners and operators , representatives
from all of the neighborhood and homeowner associations , and special interest groups , The proposed
code amendments were presented to the Federation of San Rafael Neighborhoods/North San Rafael
Coalition at a monthly City -hosted meeting held in April 2 014 ,
OPTIONS
The Planning Commission has the following options :
1 , Recommend adoption of proposed code am e ndments as proposed ;
2, Continue and direct staff to provide additiona l information ;
3 , Re commend revisions to proposed code am e ndments ; or
4 , Deny proposed municipal code amendments
EXHIBITS
1, Draft reso lution w ith proposed municipal code amendments
2, Letters from child care operator representatives
3 , Inventory of State-licensed, large family day care homes fo r chi ldren -San Rafael
4 , List of permit and performance standard options reviewed a nd considered
5 , Survey of large fam i ly/child day care home regulations-Marin County jurisdictions
6 , Map of State -licensed , large family day care homes for children in operation as of January 1, 2014
7 , Public Meeting Notice
Irgchildd ayca re,PC rp LS10 14 (fin al)
RESO LUT ION NO. 14-_
RESOL UT ION OF T HE C ITY OF SAN RA FAEL PLANN IN G CO MMI SS ION
RECOM MENDI NG TO T HE C ITY COUNC IL ADO PTI ON OF AN ORDIN ANCE
AMEN DI NG S AN RAFAE L MUN IC IP AL CODE TI T LE 14 (ZON IN G), CHAPTERS 14.04
AND 14 .05 (LAND USE REG UL ATI ONS), AND C HAPTE R 14.17 (PERFOR MAN CE
ST AN DARD S) TO AMEN D PERMI T AN D PERFO RMA NCE ST AND ARD
REQU IR EMENTS PO R LA RGE FAMI LY DAY CAR E HOMES FO R q "LO REN LOCA T ED
IN RE S ID ENT IA L AND RESI DENTIA L/OPF ICE DI STR ICTS
(ZOI4-00 1)
WIl EREAS, Sa n Ra fael Muni c ip a l Co de ( RM C) T it le 14 (somet im es refe rr ed to as "th e
Zo nin g Or din ance") includ es, amo ng oth ers, land usc prov is io ns a nd reg ul ati o ns for fa mil y day
carc an d re ·icl enti ill ca re homes locate d in res id e nt ia l d is tri cts. Sma ll fa mily day care hOmes for
c hildr en and ad ult s (e ight o r fewer c hildr en/a dult s) and sma ll resi de ntial care homes (s ix o r fewc r
res ide nt s) a re pel"lnitled by State li ce nse but , by law, may be subj ec ted oilly to limit ed locII I
zo nin g regl ll "tion. To es tabli sh and operat e Imgc famil y day car e ho mcs fo r chil dren (nin e or
more childr e n) in res idc nti a l and res id enti llVo fl 1ce zo nin g di stri cts, th e Zo ning Ordin ance requir es
th e a pp rova l of a Use Pcrmit (Zo nin g Admini stra to l· level rev iew) and co mp liance with spec ific
performa nce ta nd ards ( [(M C Secti o n 14.17.040); a nd
..
WIl EREAS, th e Sa n Ra fael Ge hern l Pl an 2020 enco ur ages a nd acknow ledge$ the va lue
and imp ort ance of famil y day car e homes f or c hildr en. T he s uppo rt for fa mil y day ca l·e homes is
addresse d in Ge neral Pl an Land Use Ele)nent P.o licy LU-19 (C hild car e) and Neighb orh oo d
Eleme nt Po li cie s NH -II (Nee ded Ne ighb orh oo d • .Se rvi ng Uses), NI -I-52 (Ne w 13u s ines
Deve lop ment ) a mi NII -66 (C hild c.re). T hi s se rvice is we ll st lPlio rted in Sa n Ra fae l as th ere are
27 St at e-li ce nsc d, large famll y day ca re homes fo r c hil dre n and a grea ter numb el· o f sma ll fa mi ly
day ca re ho mes fo r chil dl-e n in th e co mmunity; and
WH ERP,AS, 8S pa rt of th e City's annu a l j·ev iew of bus in ess lice nses in 201 3, th e it y
d iscove red th a t o f th e 27 Stat e-Ji qe nse d large fl\mil y day ca re homes fo r c hildre n, 19 al ·e o peratin g
witl 10 ut a City-a pp i·ov.e d Use \>e nl1il and do n6t have a C ity bu si ness li ce nsc. Mos t of th ese 19
day care homes have bee n in peratio n fo r man y yea rs, tartin g a a State-li ce nse d sma ll day ca re
ope rati on and eve ntuall y g ro win g to la rge day care home s tatus. Whil e a ll are app ro pri ately
li ce nsed by the Sta te of Ca l iJo rn ia (Ca liforn ia Depa rtm ent. of Socia l Se rvices Com lllunity Ca re
L ice ns in g DiVis io n), it app ea l'S that th e ir opera la rs were un awa re of th e Ci ty pcrmit" and bus in ess
li ce nse require mel\t s when tll ey change d th e ir fa mil y day ca re home Ii ·o m s mall to large home
sta tll s; and
WH ER.EAS , th e Cit y's 2 01 3 di sco vcry o f the unp ermitt ed, large fa mi ly da y ca .. e ho mes
fo r c hildr en has p .. ov id ed Il n opp ortunity to: a) imp .. ove (h e coo rdin ati o n betwee n th e State
li ce nsin g p .. ocess and th e C ity revi ew a nd pe .. mit process fo .. lar ge fa mil y day ca re ho mes fo r
children; b) revie w ,md upd ate th e City's cll .... e nt permit .. equ i .. e ments and perfo .. mance sta nd a .. ds
ra r th ese homes; an d oj p .. ov id e a bell er sys tem l"o r inl"b .. ming ex istin g and potenli a l child day ca .. e
home operA tors or th e City's pe .. mit and bu s in ess li ce nse requir eme nts; and
WII EREAS, in coord inati on with an d ass isted by .. e pr es ent ati ves o f th e loca l child day
care home o pera tors, it y staff d ra fte d ame nd me nt s to the Zo nin g O .. din ance whic h wo uld
strcilml ine the la nd li se pe rmit p .. ocess (c hange th e pe .. mit req uir eme nt fro m Use Pe .. mit to
Admin is t .. ali ve Use Permi t), up d"te th e requ ired pert"o .. mal1ces tand ard s, and pr ov id e an am nes ty
prog ram fo .. th e 19 State-li ce nsed la .. ge fa mily day Ca .. e ho mes fo .. child .. en that we re in o perat ion
EX HlB l T 1 I -.1
pri or to January I, 20t4 but wh ich are ope rat in g without a City Use Permit. The amnesty
pr og ram wo uld require th ese o perato rs tofi Ic for and sec ur e an Admin istrativ e Use Permit, but
wo uld waive the oth erwise applicab lc permi t noticing requireme nt s; 811(1
WH EREAS , the proposed amendme nt s to the Zo nin g Ordinan ce were published o n Ma y
30,2014 an d arc pr ese ntcd in Division I be low; and
WHEREAS , the amendm e nt s to th e Zo nin g Ord inance do not pr o pose any changes to
C ity poli c ies or reg ulati o ns that wou ld res ult in a direc t o r indi rec t ph ys ical , enviro nm ental
impact ; th erefore it ha s be en dcter mined th at thi s amcnd ing o rdin ance is exe mpl 1i'0 111
envi ron me nta l review und er th c Ca lifornia Environm ent al Qua lity Act (CEQA) purs uanl to Ih e
gen el'lliru le in CEQ A Guid e lines Scc ti on IS061(b)(3) that EQA appli es 6nl y to projec lS whi ch
have Ih e potential for ca us in g a s ig nifi ca nt e ffcc t On th e e nvir onm ent ; an d
WII EREAS, on June 10,2014 the Pl annin g Com mi ss ion he ld a du ly nOl iced public
hen ";n g o n the propo se d Hln ondmcnt s to th e Zo nin g O rdinan ce, acccpting all public tcst im ony and
the writte n re port of th e Department of Co mmun ity Development.
NO W, THEREFOR.E , BE IT RESOLVE D, thal the Plann in g Co mmi ssio n reco mm end s
to the Cit y o uneil ado ption of the a mendm ent s to th e San Rafae l Mtilli c ip a l Co de T ille 14
(Zoni ng) as out li ned in at tac hed "Ex hi bit A" based on th e fO ll ow in g findin gs as requir ed uncl e I'
SRMC Sec tion 14 .27.040:
I. As prop ose d, the amendm e nt s 10 pr ov ision of the Zo ni np Ordin ance s pec ifi c (0 lar ge
family dllY care homes for chi ldl 'e n are Cp ns iste lll wit h th e po licies a nd prog ram s of
the Sa n Rafae l Ge ncra l I'l un 2020 i.n th ht:
a. Co ns istent witlt Land Use Po licy LU -19 (C hil de ""c), t he am cndm en ts wo uld
str ea mlin e th e permit rev iew process for th ese homcs, wh ieh wo uld enco ul'a gc
(he es tab lishm ent of ne w, all(lth e retention of ex istin g, fami ly da y ca re homes for
children.
b .. ~o n s i st e n t \~ith Neighbo)'llo0 d Poli cies NH-I I (Needed Ne ighb orh oo d-Se rvin g
U es) ll~d NH-S2 (New Bu siil ess Deve lopm ellt ), th e amendments would furth er
supp ol1 th e home-based bu s ines s of prov id in g nceded child day care in the
re sid enti a lnoig hb o rh oo ds th ro ughoutlh c Cil Y; and
o. Co ns iste nt with Neighborhood Po li cy NH-66 (Chilclca re), th e strea mlin ed
Admini st rative Use Permit pr ocess has a s ub stantia ll y-redu ced application and
pl 'ocess in g fee, whic h is advantageous to th e fami ly day Care ho mes that are
mar keti ng arFo rd able child cnre se rvice .
2. The publi o hea lth , safety and ge neral wel far e are se rved by adopti o n or th e pro posed
Zo nin g Ordinan ce umendments , in th at th ey wo uld: a) Sir ea mlin e permi t rev iew and
lowe r thc COS I for Ih e child care ho me operato rs; and b) incorporate upd uted
performance stan dard s fo r family da y ca re 110mes for ch ildr en; c) impl e ment po li cies
a nd pro gra ms in th e San Rafaol Ge nera l Plan 2020 th at cnco urage peri odi c upd ate to
the Zoni ng Ordin a nce to ensur e co ns iste ncy with th e Gene ral Plan ; and d) pro mote
ex ist in g and new bu s ines ses by simpl ifyin g the plannin g rev iew process.
T he foregoing reso lut io n was adop ted at a regu lar meetin g of th e San Rafae l Pl an ni ng
Co mm i s ia n he ld on the 10'" of June 20 14.
Moved by CO ll1mi ss ioner ___ "nd secon ded by Co mmi s ione r ____ _
EX lilBIT J J -2
AYES :
NOES:
ABSENT:
SAN RAFAEL PLANNING CO MM ISS ION
ATTEST:
--~~~--~----Pau l A. Je nse n, Secretary
A1TACHMENT: EX HI B IT A
Lr gc hldcflI'C.I) rcso 6 10 14
EXH IBIT 1
BY:_-:-:-----:-:,.--,-:-::--:--__ --:oc,.-,-
Jo hn (Jack) Rob ert so n, Chair
1-3
EXHIBIT A
1\. Sa n Rafae l Municipa l Code Title 14 (Zoning) -Zo nin g Ordinance Tab le Amendmcnls.
The Land Use Tables in Tit le 14 are hereby amended as foll ows:
I . Table 14.04.020 in Section 14.04.020 (La nd u e reg ulati ons [R , DR, MR , IIR , PO]),
is her eby amend ed to rea d, in pertinent part, as fo llow s:
Day C a/'c
Dny Ca re Faci lity , child 0 1' adult
Family Day Care
LftI'ge (9-14 ch ildr en)
R DR Mit HR PO
2. Tab le 14.05.020 in Section 14.0S .020 (La nd li se rc gulati ons rOC, NC, 0, CI O, RIO,
FBW Cl), is hereby amended to re ad, in pertinent part, as fo ll ows:
Day Ca "e
Day Care Fnci li ty, chil d or adu lt
Fami ly Day Ca re
R/O
Large (9 -14 children) ~A
3. Tab le 14.0S.022 in Sec ti on 14 .0S.022 (La nd use reg ul ation s [4S RC, 11 0, CSMU,
2/J M UE, 2/J MUW . WEV, S/MRJOll , is here by am ended to rea d, in pertin e nt part , as
follow s:
Day Cm'c
Day Care Facility, c hild or adult
Family Day Care
S/MRJO
La rge (9-14 childr en) ~A
B. Sa n Rafael unicipal Code Title 14 (Zo nin !!) -Zoning Ordinance Tex t Amendment s.
Tit le 14, Chapt er 14.17, sec ti on 14 .17.040 is hereby ame nd ed to read in il s entirety as follows:
14.17.0 411 Pm nily day clI/'e hom e fo/' child/'en, la'·ge.
II . Purpose . :(chese stoo(*o",,15 The Jlrov isio ns of thi s ec ti on are int en ded to se t fo rth
)e r",it re uir emcnt s and ope rationa l s tandard s for fIIl &w lar ge fami ly day care homes
for childr e n te-Ieeatewhe n es tabli s hed in a dwellin g unit lOCA ted in resi dent ial
AeigltSeAl eeas-o r re s idential /o flic e zo ning di stri cts. Large fam il y da y ca re homes 10 1'
childr en give ehila ren Jl'ovide a home e nvi ro nm ent conduc ive to sa fe and hea lth y
deve lop mcnt"J)r omote susta inabilit y, and arc sUJ}Jlorted by th e policies and program s
of the San Ra fae l ge nera l plan . Th e standards reg lliat e poten tial traffi c a nd no ise
impa cts related to the ope rati on of la rge family day ca re homes for c hildr en to en sur e
EX HIBIT I 1-4
th at th ese uses do not adversely impa ct th e adjacent prope rtic s and th e ne ighborho od
ill which thes e hom es are lo cated.
B. Appli cability. PeffafffiHttee-Th e permit requ ireme nts a nd op erati onal standard s for
lar ge fnmily day ca re homes For childre n apply in all reside ntia l zo nin g di stri c ts, &fld
in the mi xed res id enti a l/o ffice ~di s tri c t s whic h permit reside nti a l uses.
Co mpli ance with tlel'feflfiflltOO the standard s pre scnt ed in s ub sec tion D, below shall
be reviewed thro ugh the s<-itnitli*<flHI 'C lise applicable pe rmi t pr ocess prescribed in
sub scction C be low . The provi s ions of thi s sect ion are not applicable to large fnmi ly
da.y ca re home s for children in non-reside ntial di stri cts. where a ll owed by use permit.
The lerformance !l nd opera ti onal sta nd ar ds for lar ge family day care homes in nOIl-
re sidential di strict s shall be es tabli shed through th e usc permit proce ss.
C. Permit req uirement s. ,
I. Admin istrativ e usc permit. An admini strativ e L1se 'permit I)Ur Suant to Chapt er
14.2 1 of thi s Co de shall bere uired for.lllar'e ~ niii" ·tla ca re homes fOr Childr en
when establi shed For opera ti on in a dwelling uni t. 10ca teCi in the R, MR . HR , PO ,
5/M R/O. or RI O Di stri cts . The .dmini stI"ative usc penni ; is requir ed to con tiI'm
comp li ance with the standard s in s ub sec ti on D bel ~w . '
2, Notice of <Ie c is io n. The Co mmunity -Development Direct o r sha ll vrepare a written
dec is ion whic h shall contain th e find in '8." of act up on which suc h dec isio n is ba se d
an d co nd iti ons o f appr oval. if any. Notwi lh slllllding the provi s ions of Sect io n
14.21.0 90 of th is Code, the de c isio n s hall be mai led to th e applicant. propertv owne r.
and the pl 'ope rt y owners a nd re s id en ts th at are immediately co ntiguou s to a nd across
th e slr ee lir oad I"om th e Illiljios~d op e rati on. Lafge fami ly day ca re home s for
chi ld ren that we re in operati 6h and . licen se d by th e State of Cali fornia prior to
Januar y 1,2014 are exempt from thi s noti oin g requ ir e ment.
3 , Appeal of dec is ion, As required l;y Secti o n 1,(2 1 ,JOO (administrati ve li se vermit) of
thi s title. an ami cal of th e deci s ion~s h a JJ be liled \¥ithin five (5) working da ys of th e
pe rmit act ioj l . ~.
G.Q. S tanda r (l ~ Required for Iss uan ce of Admini strat iv e Usc Permit.
I . Outdoor activi lY"and .play area. If an oLit doo l' 1I cti vity and Pl!!.Y. area is pl'Op ose d or
provided , th e following are .requir ed to minimi ze potential noise impact s and to
mlt infa in th lLpriva cy"b f neighborin g res idents:
1I , "once's and walls . A s ix foo t (6') high so lid fen ce or wall shall be cO nstru cted in
th e rea r a nd 's ide yards , Fellces may not exceed the fence heigh t limit with in th e
@.Q uircd 1'·onLya rd. All fen ces s hall be constructed to provide for . afety with
.co ntr oll ed poini s of entr y, Materia ls, textures and co lors and de sign of th e fence
Or wall s hall be co mpa tible with on -s it e deve lop ment and adiacent pr operti es .
b. Outa oo r play a,'ea equip ment . Any statio nary play eq uivm ent sha ll not be
loca ted in the requi l'C d si de yard se tb ac ks,
c. Outd oO r activit y hour s. Outdoor ac tiviti es may be co ndu cted betw ee n th e hour s
o f seye n a.lII . (9:00 a.III .) mId seve n 1',111 . (9 :0 0p .m.) onl y.
d. Co mpli ance with th e no ise ordin ance . All outd oo r ac ti vities shall co mply wit h
th e ge neral noi se limit s set fO lth ill ChaRt er 8, 13 of thi s cod e.
I . Fe"ees .... lln&-WtlU~~lIrpe ses ef "a ise A13Ate",eH*>f~"e467 ... h-ig h-seli!l-fetlee
sHfl.ll...b ~e "9 1rll e t ed e tl-feAHlfld s id e yards. Fen_nY-ll at elteeecl the ren ee hei g hl
+iH,+t-wi~,ilt-the-l'efJ u ire ,1 1hmt-yard . All Hme.. sl,a l+-preYide-46r slIfelywitH
eeHfrelled-t*>ffit-s-ef-eIlLry. M "leRa Is, (e"l.tfoo"'!lII{Hel(wS-iln&ilesigtI4 tJ.e-feeee-ef
wnl -k h"IJ-e "",n~lIfib l e-witl H)l ... stt<Hievele pmellt a nEl-a~~I'et4ieSo
~lIlde8f-Jlkl.y-A~I~'"l ~es_ef-ee f1~I'&I.J·iHg-A ~tlffi -tllftiHl'ait>ittg-+fl6-t'fi~
neigJffi a l"', any stnt ia Hul)' ~ItIY eqttil'lllelll s h a l~e lae ate!J-i.n..re(fltirea-si.Ie-yAf<.\tr.
EXHIBIT I 1 ... 5
:;,...-QttlEleer Aetivity,-fer!H"1*'rpeses ef l1ohse-ftbatet»e'~HtfleeHletiv i ties !HAy only
be-eenfl_eEl-ael'weetl-!I,e-ile~l '(HIf,"*"e'HI~"~G-frtl"+ie-HiH~I1T.-f9+G9-jT.t»+
4~. Parking. On-site parking for large fam il y day care home s 5ha ll not be required except
for the amou nt t hat is required fo r the res idential use . A-ln,!tiffitHtl af twa ~>OOes
~tt+loetl-if1--ltl.l-..eas Use of the required. covered parking (garagel for the ehild
care opera ti on sha ll be prohibi ted .
~3.. I>asse nger Load ing and Pa l'kin g Plan. A pas se nge r loading and parking pln n is
@.. ui re and shall be approved by th e c it y tr artic el1g il1 eer-shllH-b~i+ee. Th e
plan sha ll de m nstr ate adc~u ate and safe acce ss wi th minimal dis ru ption to loca l
trartic and circ ulati o n.
6~. Light ing. Pa sse nger loa ding a reas sha ll be ill uminated te the snt isl'oe ti an afth&fol·iee
Ele~artl1,el1t for sa fety . The lighting shl1l1 be directed away from adj acent propcl1ie s
and shall be of comparab le inten si ty co mpatibl e wit h tho ne ig hb o rh ood.
+5. Fire inspec t ion clel u·ance. As required by th e State of Califo l'l1i a for care home
li ce nsin g. a !'ire in spection sha ll be cond ucted by the fi re departl11ent prior to th e
app rova l of the admini slrativ e use permit.
86 . Cit y bus ines s li ce nse. A c ily bu si ness li cense is reH uir ed. T he business li ce nse sha ll
not bc iss ued until the administrative li se per mit is IIpproved.
7. State and Oth el' Licen sing. All fami ly da y Cllre racilitie s sha ll be state licen sed and
s ha ll be o perat ed acco rdin g to a ll applicab le state and loca l regu lat ions . A cOilY...Qf
th e li cen se ap pli ca tion sha ll be s ubm itted with the admi ni strat ive use perl11 it
app li cation .
Irsch td c."c.PC "cs06 10 1" (flila t <lraO)
EX HIBIT I l-G
EXHIBIT 2
LETIERS FROM CHILD CARE OPERATOR REPRESENATIVES
June 3 , 2014
616 Ta rragon Drive -San Rafael, CA 94903
415.492-9745
www.thewoffpackc/Jil dcare.com -howlpaclt@ComcliI s /.IlIJI
Dear Members of the San Rafael Planning Commission,
On Septe mbe r 2013, the en ti re co mmunity of Large Family Chi ld Ca r e Providers i n Sa n Rafael
was asked to file for Business Li censes and Zoning Perm its. Hav in g never been informed o f the
n eed of th e men ti oned lice n ses and perm its before and being asked to pay very high fees , back
taxes and go t hroug h an u nfa ir zoning process, t he State Licensed p roviders were nervous and
p anicked. Some of us were consi de rin g closing our ch ild care homes, w hi ch wo uld crea t e a
deficit in th e ch ild care ava il abil ity for Sa n Rafae l and would be devastating for providers and th e
famil ies they served . We consu l te d with t he Chi ld Care Law Center and wa lked in at a City
Counci l meeting to ask for cha ng es.
We were ve r y h appy w it h th e respo nse from th e City Co un cil meeting, espec iall y from Nancy
Mackie, City Manager, who offered to meet with us right away. Afte r a meeting w ith all ch ild
care proViders, Rejane Hurst an d I were chosen to represent the providers in future meetings
with the City of San Rafae l. We first met with Ms . Mackie and Paul Jensen, Community
Deve lopment Director, w ho were ex treme ly atte ntive to our ca use . They not only li ste ned but
also suggested t hat we work together to find a solution.
We have done extens ive resea rch and so have Ms. Mackie and specially Mr. Jansen, City staff
and together with the he lp of Laurie Furstenfeld from the Ch ild Care Law Ce nter, we h ave ha d
numerous fo ll owing me etin gs where we have gone through eve ry ste p of, what 10 0 1(5 like, a fair
and just process. Th e amendments yo u find attac hed are a result of dedication and
com muni cat ion from all parties in volved. Each amend m ent we asked to be made ha s been
thorough ly explored and fina lly agreed o n between all parties .
We h ave si nce agree d to pay our Business License to The City o f San Rafael and all providers
have done so in a timely manne r. We have a lso ag reed on many changes that are fair and have
ag reed on the creation of a new an Administrative Permit for Large Family Ch ild Care Providers
and ar e in co nsens u s with the Use Permit fee of $399.00. Whi le our neighboring City of Novato
does not requi r e large family ch ild care home p rovi de rs to obtain a u se pe rmit because t hey
cons ider Fami ly Child Care an asset to the i r commun i ty, we believe in be i ng on good terms wit h
o u r Ci t y of San Rafae l and Ms. Mack ie and Mr. Jansen have showed t hat they also want t o ma l<e
sure our City i s on good terms w ith us .
Please cons ider t he exte nsive work we have all put into th is proces s for the last 9 month s w hen
you review th e attached ame ndments we are reques t ing. It is as a result of very close
communication and i ntent to the bette r of our community. We be lieve t hat these amendments
w ill make the City of Sa n Rafae l a much des ired com m un i ty for the present and f ut u re Fa mil y
Child Care Pr ov ide r s.
Si ncere ly,
Ana Andrade
Sa n Rafae l Fam il y Ch i ld Care Prov ider
CHILD CARE LAW CENTER
445 CHURCII STI!EET I 4'" fLOOR SAN FRANC ISCO, CA 9 4114 41S.SS8.800 S
WWW.CH IL D C II R E LIIW.O R G IN FO @ CfIILDeARELAw .ORG
Jun e 4, 20 14
San Rafael Planning Commission Members
c/o C ity of Sa n Rafael Com munity Deve lopme nt Department
PO Box 15 1560
San Rafa e l, CA 949 j 5
VlA EMA1L : Paul Jen se n, Co mmunity De velop ment Direc t r
RE:Proposcd Zoning Ordinance for L:'rge Fa mily C hild Care Home Providers
Dear Plannin g Co mmis sio n Member s,
We g reat ly Ih an k the Ci ty of San Ra fae l ("the. City") for it s coo peration in reac hin g a mutual
goo d-fa ith agre cment rega rding th e Cit y busine ss li cc nse fee and zo nin g permit with th e large
family child clire ho me provi dc rs ("Providers"). We a lso apprecia te the C it y'S receptiveness to
the C hild Ca rc Law Center's lega l tec hni ca l assi tance throu g hout th e nego tiation pro cess.
The Child Ca re Law Ccnter uses lega l expertise to he lp familie s sec ur e hi gh-qu a li(y , affordab le
chi ld care, parli c ul ariy for low -i nco me and underservcd conumm iti es . We beli eve that all
c hildren have th e rig ht to sa fe a nd Ilurn.rin g ca l'c whil e their paren ts work.
Th is lell er offers a summ ary of the Ca lifornia Child Day Ca re Faci litie s Act in so far as it s
application to th e negot ia ti o n pro cess, a ba ckgro und oflhc proc ess between th e Cit y and th e
Providers, and it s successfu l o ut comes.
Th e Child Ca re Law Cent er s upp ort s thc am end ed zo nin g ordinance be fo re YO ll . As further
det ail ed be low, we also hi g hli ght that th e Planoin g Com mi s 'ion has th e op tion of adopt in g a less
restrictive zoni ng ordinance by c lassify in g large fami ly c hild Ca re hom es as a res id ential use of
pro p erl y.
A . The ClI lifornia C hild Dav Ca r c Fa cilitics Act PrcllmJIIs Munich):,1 Busilless License
and Zo ning Laws
tn enacting thc Ca liforni a Child Day Ca re Fa c iliti es Act ("Ihe Act"), th e Leg is lanlre recognized
th at th ere a rc ins ufliei Cnt numb ers of reg ul ated fam il y day care home s in Ca lifornia , that th ere
wi ll bc a g rowing need for child da y care fa c iliti es due to th e in crea sc in wo rking I)arents, and
th a t man y parents prefer ch ild da y care loca ted in th e ir nei g hb o rhoods in fa mily homes. Ca l.
HealJh & Safety Co de §§ 1597.3 0 (b)-(d). The Leg is lature flll"l her stated it to be a publi c poli cy
of "statew id e co nce ["J1" that fam il y day ca re hom es for c hildr en s hould be situated in normal
re si dential s urro undin gs so as to give childr en the hOl11 e environm ent which is conducive to
health y and safe deve lop me nl, and tha i child ren ill II famil y da y care hOl11e s hou ld be provided
1
the sa me ho me env ironm ent as prov ided in a tradi tional hom e se ttin g . Ca l. Health & Safety Co de
§ 159 7.40 (a).
In s upp or t of this polic y, the Legislature s tated a "p urpo se o f oec upyi ng th e lield [o f fa mi Iy day
Ca re reg ulati on] to the exc lu s ion of muni cipal zo nin g, bu ildin g and fir e co des and regulations
go vernin g the use or occup ancy 0 (" fa mily day ca re homes for c hil dren , except as s pec ifica ll y
provid e d for in thi s chapte r, and to prohibit any re s tric tion s re latin g to th e use of s ingle-fami ly
res id enccs fo r family da y car e hom cs for chi ldre n except as provid ed by thi s c hapter." 'd. 13y
a nnolll1ci ng th e reg ul aLion of pl ace men t of fltmily da y care homcs to be a malter of s ta lewi de
eonec lll , and sta tin g and intent to occu py thc I·ic ld, th c s late of Ca lifornia c reat ed thc foundation
for lega l p rcemption of loca l bu s ine ss li ce nse and land usc ord ina nces th a t conflict wilh its
.. I pr ov Isions .
Th e Act o lfers that [or th e purpo se 0[" a ll local ord in ances, sIIlall fa mil y day c ar e homes are a
resi de ntial use ofl)rOpel"ty , and it ex pli cit ly proll ibi ts loca l gove rnment s /i ·om c ha rging S/lwl/
fa mily child ca re homes any bu si ne ss license, fee , or ta x fo r th e pri v il ege of o pera tin g a s ma ll
fam ily day ca rc home. al. Health & Safety Code § 159 7.45 (!\)-(b).
Th e ACI's si le nce o n whet he r large fam il y day ca re homes are co nsid ered res id enti a l for the
pu rp ose of all loca l ordill (/Il ces, or wheth er a city ca n requir e them to obtain a loca l bll s in ess
li ce ns e, givc s loca l gove rnm ents SO lll e f1e xibil ily in re g ulating large fa mily cllild cn re hom es .
However, th e Ac t still pla ces requir ement s and limi taLion s on loca l governments l hat wis h to
char ge large family child care hom es any pe rmit s or fees. Ca l. Hea lth & Sarety Co dc § 1597 .46
(b).
Wil h res pec l to zo ning and permit rees, th e Act ex pr ess ly s tat es tha t "a c it y, co unt y, or city and
co unt y sha ll no t prohibit large fa mily day car e homes on lots zo ne d for sing le-family dw e llin gs"
and limit s local rc gulati o n o f large fam il y chi ld ca re homes to ·'reaso nab le" standard s re latin g to
fo ur di sc reet fi\cto rs: (I) spac in g and co nce ntrat ion , (2) traffic con tr ol , (3) I a rkin , a nd (4) noi se
co ntrol. Ca l. Hca lth & Safe ty Code § I 597.46(a).
B. Bac kground to Negot iat ion Proces s
In Septemb er 201 3, ti le C ity 's rinance Departm enl ("tll e Departm ent ") notifi ed Provid ers that
they mll s t obtain a bus iness lice nse. Departl11el1l e mploy ees told Providers who presented
ap pli ca tion s and pa yment s in per so n Ihat they owed ad dition al fee s: penalti es for not having a
bu s in ess li ce nse, bac k taxe s, and $2,476 for a zo nin g permit. Departme nt e mplo yees
inconsistc ntl y assessed pe na lti es and fees, res ultin g in varying charges assessed to the Pro v id ers,
with eac h ow in g an avera ge agg rega te amOllnl of$4 ,OOO .
O n September 16,20 13 , Prov id e rs informed City Co un ci l memb ers a t the pub lic C ity CO llncil
mee ting of th e bu s in ess fee noti flea li o ns sc nt by th e Depar tm cn t and in-l)e rSo n noti ces of th e
zo ning pe rmit ree and other fee s and I·axes. C ity CO lill cilmem bers asserted that Ihey were no t
aware or th ese pr ac tices and agreed to meet with Ana AJI(lrade and Rcjan c Hur s t, large family
I Ca l i forn ia Depart ment of Soc ial Se l'vices , Com munit y Ca re Lice nsing D i visio n, is th e sla te ugcncy lhat rcg lllfl\c s
the Ilca llh , sa felY fi nd opera tio n of rami Iy child ctl fC homes tln d child cafe centers,
2
ch ild care hOlll e provide rs acting as rep resent atives of th e Providers, and w ith th e C hild C are
Law Center. At a res ultin g mee tin g on Oc tob er 1,20 13 and s ub se quent mee t ings over the pa s t 10
mont hs, and in re la ted e l11a il, Na ncy Mackie, C ity Man<lger, and Paul Jen sen, Co mmunity
Deve lopment Directo r, indicated that the City had no in tention o f driving Prov iders oul of
bus in ess and wo uld work hard with th e Prov iders to propose a fa ir soluti on . The C ity a lso
pro mpt ly nOli lie d a ll Provide rs Ihat bus in css li cense and zoning permit rees wou ld each be
sllspend ed unlillhe C il y adopted a fina l d ecis ion o n the individualll1a tlc rs.
C. T h e C ity J)ismissed Bus in ess Penalty Fees And Bael, Taxes, A nd Ag reed To A
R easonabl e Fee For Providers
T he Act s tate s th a I cities a nd co unti es mu sl prov id e n I is l of req u ire d fee s and pe rmit s to a ny
ch ild care provider applicHnlllpon requ es t. Ca l. H ea lth & Safe ty Cod e § 1597 .46 (b)( I). Pri o r 10
Sep te mb e r 2 0 13, th e Deparlm e nt rep ea te dl y vio lated the Ac t by mis in fo rm ing Prov iders th at
they did not need a bu si n ess lic en e o r zo nill g pe rmi t.
Aller me e tin g w i th th e Pro v id ers a nd C hild Ca re Law Center over tile next few mo n ths, Mr.
Jensen a nd Ms. Mack ie acknowledged that C ity e mpl oyees mi s take nl y mi si nform ed P rov id e rs
that th ey did not need a bu s in ess lice nse, a nd wl'Ong ly cha rge d Provid e rs penalties fee s a nd back
taxes . Ulti ma le ly, tlte City di s mi ssed a ll business li cense pena lt y fees a nd back laxes. EfreClive
Ja nuary 20 14 , Providers arc now require d to pay for a n initi a l bu si ness li ce nsc fee, j ncl udin g
app li ca ti o n a nd assess me nt c harges, of $199, and an $80 a nnll a l fee th e reafte r. T he Providers ar c
hap llY with Ihi s resu lt and eac h .has res po nd ed by timely paying for her bus iness li cense.
D. The C ity Proposes T o A m e nd The Z oning Ordinance To Require That Providers
Obtain All Admi ni strative Use ]'crmit
S in ce th e City Co un c il Meeting on September 16,20 13, the C ity has recog ni zed Ih at so me
provision s of the Use Permit did not com p ly with the Act. The C ity has filrt hcr agreed th a t the
Perm il Fcc of $2,476 would seve rely impaci th e ava il ab ili ty of ch ild care s paces in the Ci ty by
driving so me Provid e rs o ut of bu s ines s, and co uld negative ly affe c t the quality of c h ild ca re du e
to the overl y bu rd e nso me Usc Pe rmit cos t.
Th e am end ed zo nin g ordinance prop osa l is til e p rod uc t of nCllrl y 10 mo nth s of amica bl e
ne go tiations bel ween th e Providers and lhe C ity . Th e C hild C are Law Cent e r ha s a lso
par ti ci pated in these mee tin gs to provi de tec hn ical lega l as s islance. T hi s co ll abora ti ve efrort
en tail e d working on a nd agreei ng to Ih e s ubstantive co nte nt s of eac h pr ovision to e nsu re Ih e
hea lth, quality a nd safe ty of e hildre l1 in lar ge fam il y c hild ca re ho mes whil e balancing th e
propcrty interes ts or the I rov id ers' ne ig hb ol'S. The Ci ty furth el' pro posed to require t hat Providers
obla in a n Admini st rative Use Pel1llit, w ith a fe e of$398, in stead o fthc c urre ntl y requi re d Usc
Perl11it that cos ts $2,476 . T hi s redu c tion in cos t grea tl y re li eves the linllnci a l hard s hip o n
Pr ov iders so tha t they ca n o ffe r higll -g ualily c hild ca re to th e familie s th ey serve .
The amend ed zo nin g ordin a nce p roposa l a lso in c ludes provisions that w ill stream line ti1 e
bu s in ess li cense, zo n ing pe rmit a nd lire in s pec tio n pro cess by faci lil at in g coordinati o n betwee n
C it y departm e lll s . T h is new Ilrocess w ill save Ih e C ity tim e a nd mon ey by e limi nating
3
duplicative pr occdures, and wil l beller ens ur e lhal Prov id ers adh ere to a ll th e ily's requi rements
re late d to thcir large cbi ld eare hom es.
E. The C hild Care Law Ce nter Urges T he C ity T n C lassify Large F,unily C hild Care
}lome Providers As A Residential Use Of Property
The Child Ca re Law Center ap pr eciates th e C it y's re spons iveness to the Prov id ers and proven
wil lin gness to reac h a good -failh co mpr omi se . Whi le the Child Ca re Law Ce ilt er s upp o rt s th e
ame nd ed zo nin g ordi nance propo sa l, we re spe ctfully ur ge th e C it y to c lass ify large fn mil y ch ild
ca re ho mcs as a permill ed usC ofrcsid enlia l pr ope rt y as permitted by th e Ca lifornia Healt h a nd
Safe ty ode § 1597.46(a)(I).
Like small family ch ild car e hom es whic h are exe mpted uncl er the Ac t from nee din g a bu s ine ss
li ce nse or zo ning per mit , large flunil y c hild car e homes maintai n a ho mc-lik c se ttin g a nd offcr
qll a lit y ca re ill elose proximity to wh ere fam ili es li ve or work . Pr ov id ers in Sa n Rafael o ffer an
inva lu able be ne fit to th e City by supp o rtin g th e d evelo pm e nl ~1 ne ed ~ of ve ry yo un g childr en
while th ei r parent s wo rk. Many of th ese prov iders se rv e childr en w ith di sab iliti es o r childr en
fTom low-i ncome famili es . The Ci ty 's zo nin g fec, eve n with th e prop ose d redu c ti o n, s till has a
signifi ca nt imp act on providers lil at far outw eig hs any reven u e the 'it y wou ld gain .
We enco ur age Sa n Ra fae l to show its apprec iation fo r the uniqu e wo rk of large famil y child care
h0111 c pr ov id ers and s et an exa mple for oth cr citi e by adopt in g th e Icas t rest rict ive zo nin g
ord in ance. If th e Pl a nnin g Co mmi ss ion oppo ses thi s opli o n, Lh e Ch ild Care Law Ce nt er afli rm s
the ami cable nego tia tion I)rocess an d offe rs ou r unquali fied suppo rt for th e amend ed zo nin g
ordinan ce proposal befo re yo u.
Very truly yours,
( ~.A (./1 , " ( (I , \ t ~.,,;£ " (J ~/
Laurie Furstenfeld, Staff Attorney
Child Cnl 'e Law Center
cc: Ana Andrade, The Wolf Pack Family Child Care
Rejane Hurst, Luccabambuccn Child Care
lody Windisch, Marin Child Ca re COlln cil
4
EXHIBIT 3
Inventory of State -licensed Large Family Day Care Homes for Children Operating Prior to January 1, 2014 (Updated May 15, 2014)
State License Holder Zoning (Use) Fire Inspection -Planning Permits -Status Status of City Business License
(post 2009)
Facility No : 214199999 Capacity: 0014
AGUERREBERE, BENIGNA
90 1 LAS GALLI NAS R5 Distri ct Yes Use Permit (UP99-016) Business license application filed ; pending use approval
SAN RAFAEL, CA 94903 Terra Linda for large family ch ild care
(415) 499-0860 (Det SFD )
Facility No : 214200004 Capacity: 0014
ANDRADE , ANA
616 TARRAG ON DRIVE R5 Distri ct Yes No permit Business license appl ication fil ed ; pending use approval
SAN RAFAEL , CA 94903 Terra Linda
(415) 492-9745 (Det SFD )
Faci lity No : 214005232 Capacity : 0014
CLERC , SYLVIE
15 AN A CO URT R7 .5 District Yes No permit Busin ess license appl ication file d; pending use approval
SAN RAFAEL, CA 94903 Terra Linda
(4 15 ) 847-5144 (Det SFD )
Facility No: 2140052 10 Capacity: 0014
COHEN, REJANY
20 2 SPR UCE CT . PD-177 9 Dist ri ct Yes No perm it Business license application filed; pending use approval
SAN RAFAEL, CA 94903 Redwood Village
(415) 517-3404 (Det SFD)
Faci lity No: 214005245 Capacity: 14
MARWICK-DEMILLE TAMARA & DENNIS
1335 GRAND AVE NUE R5 Distri ct Yes Use Permit (UP13 -034) Business license issued , 2124/14
SAN RAFAEL, CA 94901 Dom inican for large ch il d care home
(41 5) 721-7133 (De t SFD)
Facility No : 214005141 Capacity: 0014
DIAZ, CLAUDIA
191 0 LAS GALLINAS A V E NU E R7 .5 Distri ct Yes No permit
SAN RAFAEL , CA 94903 San Rafael Park
(415) 472-2717 (Det SFD)
EXHIBIT 3
Inventory of State-l icensed Large Family Day Care Homes for Children Operating Prior to January 1, 2014 (Updated May 15, 20 14)
State License Ho l der Zoning (Use)
Facility No: 214005153 Capacity: 0014
DIAZ, CONSUELO & PINEDA , HASBLEIDY
13 CORRILLO DRIVE R7 .5 Di strict
SAN RAFAEL , CA 94903
(4 15) 491-5018
Facility No: 214005156 Capacity: 00 14
DIAZ, NILDA
1876 LAS GALLINAS AVENUE
SAN RAFAEL, CA 94903
(415) 507 -9868
Facility No: 214200061 Capacity : 0014
DIAZ, ROSSIO
169 IRWIN STREET
SAN RAFAEL , CA 94901
(41 5) 454-5368
Facility No : 214005249 Capacity: 0014
DUQUE, KARINA AND GALEANA, VICENTE
Rafael Meadows
(Det SFD)
R7 .5 District
San Rafae l Pa rk
(Det SFD)
R7 .5 District
Bret Harte
(Det SFD)
15 VILLA AVENUE R5 District
SAN RAFAEL , CA 94901 Glen Park
(41 5) 457-7658 (De t SFD)
Facility No : 214200091 Capacity: 0014
GUO, XiJUAN
240 WAT ERS IDE CIRCLE
SAN RAFAEL , CA 94903
(4 15) 479 -3883
Fa cility No : 214200098 Capacity: 0014
HANSEN, ILYANA NINETTE
4 YOSEMITE RD
SAN RAFAEL, CA 94903
(415) 507-0774
Facility No : 214005216 Capacity: 0014
HURST, REJANE
343 "D" STREET
SAN RAFAEL , CA 94901
PD-1449 District
Marin Lagoon
(Det SFD)
PD-1626 District
Contempo Marin
(M obi le Home)
MR2 Distri ct
Gerstle Park
Fire Inspection -Planning Permits -Status Status of City Busi ness License
Yes No pemnit
Yes No pemnit Busin ess license applica tio n filed; pend ing use approval
Yes No perm it Business license appli cation filed; pend ing use approval
No record No pemn it Business license application filed ; pendin g use approval
Yes No pemnit
Yes No pemn it
Yes No pemni! Bus in ess license app lication filed ; pending use approval
EXHIB IT 3
Inventory of State-licensed Large Family Day Care Homes for Ch ildren Operating Prior to January 1, 2014 (Updated May 15, 2014)
State License Holder
(415) 455-5354
Facil ity No : 214005134 Capacity : 0014
KOOP , ALEXANDRA
289 ARIAS STREET
SAN RAFA EL, CA 94903
(4 15) 827 -2482
Facility No: 214005033 Capacity: 0014
NOJABAEI, SOROOR
73 U PPER OAK DRIVE
SAN RAFAEL , CA 94903
(415 ) 785-2878
Facility No : 2 14005157 Capacity : 0 0 14
RIBEIRO, KARINA M.
901 LAS PAVADAS AVE
SAN RAFAEL , CA 94903
(4 15) 246-1409
Facility No: 2 14200171 Capacity: 0014
SAMAN, EDNA
408 BELLE AVENUE
SAN RAFAEL , CA 94901
(415) 250-909 7
Facility No : 2 14200172 Capacity : 0014
SANGST ER, DER IN DA
16 1 PROSPEC T DRIVE
SAN RAFAEL , CA 9490 1
(415) 457..,825
Facility No: 21 4 005224 Capacity : 00 14
SANTIZO , RINA & ALVAREZ, JUAN
283 MOUNTAIN VIEW AVE .
SAN RAFAEL , CA 94901
(415) 456-0623
Facility No: 2 1400522 7 Capacity: 0014
SCHAFER, NADIA
Zon i ng (Use) Fire Inspection -Planning Permits -Status
(Det SFD )
R5 District
Te rra Linda
(Del SFD )
R7 .5 Districl
Mont Marin
(Det SFD )
R5 District
Terra Linda
(Del SFD)
R5 Disirict
Monte ci to
(Det SFD)
R10 Distri ct
San Rafael Hill
(Del SFD)
R10 District
Black Canyon
(Det SFD )
Yes No perm it
Yes No permil
Yes No permit
Yes No permit
Ves No permil
Yes No permi t
Status of City Business License
Business lice nse app lication filed ; pending use approva l
EXH IBI T 3
Invent ory o f State-licensed Large Family Day Ca re Homes for Children Operati ng Pri or to January 1, 20 14 (Up da t ed May 15, 2014)
State License Ho lder
934 LAS PAVADAS AVE NUE
SAN RAFAEL , CA 94903
(415) 747-8799
Facili ty No : 214200202 Capacity : 0014
WAREN, SANOY
377 HYACINTH WA Y
SAN RAFA EL, CA 94903
(415 ) 479-5885
Zoni ng (Use )
R5 Distri ct
Terra linda
(Det SFD)
R5 -EA Dis tric t
Terra linda
(Det SFD)
THE FOLLOWING HOMES ARE LOCATED IN
MULTIPLE-FAMILY DISTR ICTS AND
OPERATE WITH A USE PERMIT:
Facility No . 214200039 Capacity: 00 14
CHAN-ROSADO, BEATRIZ
185 BAHIA WAY
SAN RAFA EL. CA 94903
(4 15) 459-5845
Facility No . 21420007 1 Capacity : 14
EVANS , NOUZHA
87 ELIZABETH WAY
SAN RAFAEL, CA 94901
(4 15) 532-6049
Facility No. 214005105 Capacity : 14
FIGUEROA, ESL Y
1512 LINCOlN AVENUE
SAN RAFA EL , CA 9490 1
(415) 256-9101
Facility No . 214200082 Capacity: 14
GOCHBERG , CLAIRE & JODI
348 BAYVIEW AVENUE
SAN RAFAEL , CA 94901
(4 15) 459-5624
MR3 District
Cana l
(Attch -townhome )
MR5 District
Forbes
(Attch - 3 un its)
HR 1 District
lincoln
(Det Duple x)
DR Distric t
Gersti e Park
(Attch -3 units )
Fire Inspection -Planning Permits -Status
Yes No pe rmi t
No record
Yes
Yes
Yes
Yes
No perm it
Use Permit (UP07-042)
for large fami ly child care
Use Perm it (UP05'{)27)
for la rge chi ld care
U se Permit (UP11-062)
for large fami ly child care
Use Permit (UP01'{)33)
for large ch il d care
Status of City Business License
Business license app licat ion filed ; pend ing use approval
Bus iness license issued , 4 /30 /14
Bus iness license issued , 1/3114
Business l icense issued , 4 /22114
Bus iness license issued , 5/15 /14
EXHIBIT 3
Inventory of State-licensed Large Family Day Care Homes for Children Operating Prior to January 1, 2014 (Updated May 15, 2014)
State License Holder
Facility No . 214200085 Capacity: 14
GONZALES-ORTEGA, DEVORA
5 BROOKDALE AVENUE
SAN RAFAEL , CA 94901
(415) 455-8 138
Facility No . 214005252 Capacity : 14
RAMIREZ, MARIA C .
23 BAYPOINT DRIVE
SAN RAFAEL , CA 94901
(415) 747-83 68
Zon i ng (Use)
HR1 District
Linco ln
(Det Duplex)
PD-1562 District
Baypo int Lagoon
(Attch-townhome )
Fi re Inspection -Planning Permits -St atus
Yes Use Permit (UP05-024)
for large family child care
Yes Use Perm it (U P12-022)
for large child care
Status of City Business License
Busi ness license issued , 5117114
OPTION I ~
Status Quo
o Maintain ZA le vel Use ~
Pennit for all large
family day care.
• Requires public notic e.
15 days before hearing
to all property
owners/residents
within 300 feet
• Ob se rves a 5-day
appeal period after
decision to Planning
Commission (then Ci ty
Council).
OPTION 2 ~
Reduce Level of Rev iew
to Administrative Use ~
Pennit for all Large
Family day care
0 Update performance ~
standar ds fOT all large
fam il y day care.
0 Reduce the lev e l of ~
review for all large
Exhibit 4
ZONING ORDINANCE AMENDMENT -LARGE FAMlL Y DAY CARE (ZCl4-001)
Review of Options (Alternatives)
June 10,2014
ADVANTAGE-PRO DISADVANTAGE -CON
Provides public notification and process for all • Maintains public hearing requirement, including
new large family day care for potential appeal for an y large family day care.
Allows discretionary review for all large family • Ma intains a semi-lengthy and more rigorous
day care. process.
o May not fully address neighborhood!
neighborhood concerns.
• Does not address concern s ciled by family day
care providers to srreamline and sim plify process
and red uce /remove barriers to slow or stop new
facilities .
• Does not address the city Council's direction to
streamline planning permit rev ie w.
Improves the limited perfonnance standards 0 Cre ates an awkward public proce ss by providing
currently in place. notification of decision after approval , for 5 day
Continues to provide the City the discretion to appeaL
impose conditions or den y establishments of new 0 Continues to prov ide discretionary review,
homes. although at a lower level , which is o pen to appeal
Partially maintains neighborhoo d/resident concerns
about City 's ability to re gulate and permit by
maintaining allowing a partially public process.
Partiall y reduce s level of review. and therefore
process and time line s to apply for zoning
STAFF
IMPACTS
Staff time unknown at this time,
except that action will requiTe:
0 Contacting all existing large
family day care homes
operators to initiate review
(ext. 1-2 hrsIeach)
0 Requiring a screening of each
to determine sta tu s an d get
submitta l (esL 1-2hrs1each)
0 Processing individual Us e
Penn its , as required (est. 7-1 2
hr s/each -depends on
controversy)
0 If appealed, can add 10 -40
hr s/each .
Temporary -Significant staff
implication in order to catch up
and legalize 22 eXisting large
fam ily day care that have come
into existence without UP.
Long tenn -Statu s quo staffing
implication as long as receive
application in norma l course .
Staff time unknOv.'J1 at this time ,
except th at action will require:
0 Contac ting all existing large
family day care home
operators to init iate revfe w
(exL 1-2 hrs/each)
0 Requiring a screen in g. of each
to detennine status and get
s ubmittal (est. 1-2 hrsIeach)
• Proc essing individual admin
W:\P lanni ng\Current Plan ning\Open Projects\Pa ul\Large Child Care Homes (ZO I4-00 1 )\P Jann ing Commission\.\ltatrix_Large Fami ly Day Care Penn itti ng Optio ns_05.14 .14_fi naJ
edits.doc Page J
•
•
OPTION
ALTERNATIVE
family da y care from
ZA level Use Permit
to Admin Use Penn it.
Provide public
notification to
adjacent property
owners/residents after
decision .
Provide 5 day appeal
period after decision
to Planning
Comm ission (then
City Council)_
OPTIO N 3
Hvbrid -Reduce Level
of Review for Lan:!e
Family Day Care in
AT TACHED homes to
Admin level Use Permit
and reduce to Ministerial
Pennit for day care in
DETACHED homes_
• Update performance
standards for all large
family day care as
noted above.
• Reduc e level of review
to Admin-leve l Use
Permit for large family
day care in anached
I-
I-
~
~
Exhibit 4
ZONIN G ORDINANCE AMENDMENT -L ARGE FAMILY DAY CARE (ZC l 4-00 1)
R ev iew of Optio ns (Al t ernatives)
J une 10,2014
ADVANTAGE -PRO DISADVANTAG E -CON
entitlements.
Panially consistent with Ge neral Plan
Goal s/pol icies addressing child care needs in the
commWlity.
Addresses City Council di rection to streamline
planning pennit review.
Maintains public proces s for more problematic • Creates a IWO tier system fo r review , which
situations where large family day care are makes it more tedious to track/document .
proposed in attached homes s ince the se typ ically • May not address neighborhood/neighborhood
have common wans, small yards, etc. concerns about home day care.
Eliminates uncertain public process for large • Does not provide full discretion by the Ci ty to
fam i ly day care in detached homes, where typically regulate ; no public process for day care in
yards are larger and the re are no common walls. detached homes , aside lTom comp liance with
Helps address adve rse neighborhood impacts w ith performance standards.
some additional performance standards that would
be applicab le aJllarge family cay care Minimal
process for businesses most cornpatib~e with goal s
of single fami ly neighborhoods.
Reduces (for day care in attached homes)
leliminates (for day care in detache d homes)
burden of time and cost and uncertainty fo r day
care pro v iders to go through public plann ing
process .
•
STAFF
IMPACTS
Use Penn its, as re quired (est.
4-I Ohrs leach)
If appealed. can add 10-40
hrsleach and potentially City
CounciL
Temporary -Large 513 ff
implication in o rder 10 catch up
and legalize 22 existing large
famil y day cars that have come
into existence without UP.
Long term -Status quo staffing
implication as long as receive
application in normal course .
Admin level is less staff time than
ZA level
Staff time unknown at Ihis time.
except that action will require:
I. Contacting all existing large
famll y day care home
operators ro initiate review
(ext. 1-2 hrsleach)
2. Re quiring a screening of each
to determine sta tu s and get
subminal and classify if need
Admin or Ministerial penn it
(es t. 1-2 hrs leach)
3_ Processing individual admin
Use Permi ts for anached
bomes (esL 4-IOhrsleach) or
min isterial permit for
detached homes (1 -2 hrs
each)
W:\Planning \Current Planning\Open Proj ects\Paul\L arge Child Care Hom es (ZOI4-00I)\Planning Comrnissionu\l1auix _Large Family Day Care Permi ning Oplions_05.14.14_finaJ
edits.doc Page 2
OPTION
ALTERNATIVE
homes (townhornes,
apartments. condo' s).
• Eliminate discretionary
review to ministerial
action (with no public
process or appeal) for
detached large family
day care in single
family (detached)
bomes subject to
compliance with
performance standards
Staff Recommendation
OPTlON4
No Planning PermitlUse
PermitINo Perrormance
Standards.
• Eliminate requirement
for discretionary
pJanning permit (Use
Pennit).
• Eliminate perfonnance
standards.
• Day care wou Id be
pennined uses, in
residential zoning
districts.
• Must still comply with
State Community Care
licensing pennirting
and Fire Depanment
clearance for safety.
~
~
~
•
•
•
Exhibit 4
ZONING ORDINANCE AMENDMENT -LARGE FAMILY DAY CARE (ZCl4-001)
Review of Options (Alternatives)
June 10,2014
ADVANTAGE-PRO DISADVANTAGE -CON
Consistent with General Plan Goals/Policies
addressing day care needs in the community and
cities policies 10 encourage and reduce barriers for
home day care.
Does not create a non-routine method of providing
notice after decision and allowing appeal after
decision as Option 2 would creatc.
Allows for tracking of all pennilted homes.
Addresses City Council direction to stream line
planning permit review.
Eliminates local permitting process for large • Eliininates any public process. Use would be
family day care in any residential area permitted and allowed by right in residential areas .
Eliminates and completely streamlines process for • Does not provide full discretion by the City to
large family day care.lo opera1e regulate; no public process for day care in detached
Consistent with General Plan GoalsIPolicies homes, aside from compliance with performance
addressing day care needs in the community and standards.
cities policies to encourage and reduce barriers for • Does not potemial neighborhood! neighborhood
home day care. concerns about h ome day care.
• Does not allow for trdcking or all permitted homes.
4.
STAFF
IMPACTS
1fadmin Use
Pennii is appealed, can add
10-40 hrsIeach to process
such appeal to the Planning
Commission and potentially
City Council..
Srafftime would be completely
reduced signifiC3Jltly as no pennit
process would be required from
Planning Division.
W:\Planning\ClJrrent Planning\Open Projects\Paul\LargeChild Care Homes (ZOl4-00I)\Planning Commission\Matrix_Large Family Day Care Pennining Options_05 .14 .14 _final
edits-doc Page 3
i
Jurisdi cti o n
Marin County
Mill Valley
Novato
Corte Madera
Larkspur
T iburon
Sausalito
EXHIBITS
LARGE CHILD CARE HOMES -SURVEY OF MARIN JURISDICTIONS
May 2014
Planning Permit/Land Use Planning Business Standards
Clearance Permit Fee License
Required?
Large Fami ly Da y Care $500 Yes Fire protection (sm o ke detectors, extinguishers)
Permit; action by Director, Spacing requirements (day care homes cannot abut)
which can be appealed . Passenger loading area required
Noise-max operation of 14 hrs/day; outdoor use from 7am-
7pm only
Parking for employees + residents .
Compliance with zon ing district standards
Home Occupation-Large $990 Yes Spacing requ irem ents (min imum distance of 500 ft between
Family Day Care Home homes)
Permit ; Noise-compliance with City noise ordinance standards
action by the Director-notice Parking for employees (one space)
provided to applicant and Passenger load ing area required
property owners within 100 ft ;
action can be appealed to the
ZA
Permitted , no Use Permit or NA No standards
special permit required
Nothing mentioned in Muni NA NA NA
Code
Use Permit-Minor (ZA), $500 Yes None
which can be appea led .
Use PermIT (PC) ~1000 Yes Spacing requirements (day care homes cannot abut one
another)
Passenger loading are required
Parking for residents + employees
Use Permit-Minor (ZA), $851 Yes Findings required to approve=
which can be appealed. Must be consistent with GP and Zoning
Will not result in overconcentration (subjective)
Streets must be of adequate width for safe access and
loading
Must comply with noise ordinance tak ing into consideration
noise generated by children (subjective)
Complies with Health & Safety Code
~
!I '> l
:; Thi:s base map was ~Ioped primariy & I for General Plan Usage. The Ciry of
san Rafael;s not responsible not iiatJle
lor U58" beyond its intanded puf'p0&8 .
Exhibit 6
• Existing Large Family Day Care Homes for Ch il dren
(Stat e licensed, operating prior to 1 January 2014)
EXHIBIT7
Public Hearing Notice
" r
I
NOTICE OF PUBLIC HEARING -PLANNING COMMISSION
You are in vi ted to atten d th e Pla nning Co mm iss ion hea ring on the follow ing propose d pr oject:
PROJECT: San Rafael Municipal Code (SRMC) Amendments for Large Family Day Cares Homes -The City of Sa n Ra fae l pro poses
seve ral text amendments to SR MC Title 14 (Zoning Ordi na nce) Chap te rs 14.0 4 and 14.05 (La nd Use Reg ul atio ns) and Chapter 14.17
(Perfo rmance Standards) to ame nd perm it an d performance stand ard require ments for large fa mil y day care ho mes for child ren loca ted In
resi den lial and residential/office dis tri cts; Citywi de; File No.: Z01 4-00 1.
As requh 'ed by stale law, ~~. project's potentFal envlronmontal Impacts have been assessed. Planning staff recommends that thfs project wlfJ not have 8
significant effect ,,,,! the"enVi!onment 8S It Is covered by the general rule, pursuanl to CEQA Guidelines Section 15061(b}(3),and Is not subject to environmental
review. . ,,,·t:' ~"·""",·n ,.
• ~"" I' • MEETING DATESITIMe/LOCATION: Tuesday, Juno 10, 2014 , 7:00 p .m. City Co u ncil C hambers, 1400 Fift h Ave at 0 St, Sa n Rafael , CA .
FOR MORE INFORMA TION : Contact Paul Jensen, Project Pl anne r a t (415) 485·5064 o r pauI.J ense n@cltyofs anrafael.org . You can also
come 10 the Planni ng Division offi ce, located In City Hall,. 1400 Fi ft h Avenue , to look al the fil e for the proposed project T he office Is ope n from
8 :30 a .m. 10 5:00 p.m . on M on d ay and Thursday and 8:30 a.m. to 12:45 p.m . on Tu es d ay, Wed nesday and Friday. You ca n also view Ih e staff
repo rt af\er 5:00 p.m. on Ihe Frid ay be fore t he mee llng at htl p:llwww.cllyofsan rafa el.o rg/m eetl ngs
WHAT WILL HAPPEN : Yo u ca n co mmen t on the proj ect. The Pla nning Co mm iss ion w ill co ns ider all p ub li c l esflmony and d eci de w heth er to
reco mm end approval to th e City Coun cil o f t he pr oposed ame nd me nt s. The Ci ty Counc il wi ll hold a separa te noti ced pub lic hea rin g foll ow ing
the Co mm ission's rev iew and reco mm enda ti on.
IF YOU CANNOT ATTEND : Yo u ca n se nd a letl er to the Co mm unity Deve lopm e nt Depa rtm en t, Pla nn ing Divisio n, Ci ty of San Rafae l, P. O.
Box 151560, Sa n Rafae l, CA 949 15-1560 . You can also hand deliver It prio r to the mee ting .
At tho above time and place, all letters rece ived will be noled and aliiniereeled par1I~8 will btl heard. If you c~e!ler\ge 111 court the matter ciescribed .cbow, yOU may be limited to ra i Sing
only Ihose lsaues you or someone etse raised a t t he publle hearing deseribed In this flotlce, or In wrillon correspofj dence delivered ai, or prior to , the above referenced pu blic hearillg
(Gov(lmment Code Section 66009 (b) (2».
Appeals of deeltlon. by the Plan ning Commission 10 the City Council .hall be made by r~lng • notice thereof In writing wi l h the required fea to the Planning DIvision of ltte CommunitY
Development Department w ithin 5 worldng deys 01 a decision Involving Tille 14 (Zoning) (SRMC SecUon 14 .28.030) o r wllhln 10 calendar day. of a decision Involvlng TWa 15
(SUbdivisions) (SRMe 15.56 .010).
SIgn lllnouoge and Interprelolion and as$lslhte Hs/enlng devfce $ may be teqvesled by ClIlllng (416) 485-3085 (voice) or (416) 485-3198 (TOO) ttt lettSt 72 hours in adv,nce. CopittS of
documents ere 8VOl/ObJO In occe sslbis forms/s upon request. Pub:ic IriInspo".t/on /0 CUy Han Is rwaltsblelhrough Golden GDte TmnSit. l./ne 22 or 23. PenJoirBns lt Is avaIlable by ca lling
WlI/st(es/op Wheels at (4 16) 454-0964 , To BIlow Indiv/dulJ/s IYI/h enl/jronmenta' /Uness or muftipJe ch emiCIJI sensitivity to BttOnd the mOl!lInQlheering, indIWdulJls ere requested 10 rmrs '"
from W88ring seen/ltd produc!s .