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HomeMy WebLinkAboutCD Large Family Day CareAgenda Item No: 5. a Meeting Date: September 2, 2014 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Development De artment Azze CQ . Prepared by: Paul A. Jensen, Director City Manager Approval)9" SUBJECT: San Rafael Municipal Code Amendments- Title 14 (Zoning) — Consideration of amendments to zoning permit and performance standard requirements for large family day care homes for children; City of San Rafael, project proponent; File No(s).: Z014-001 RECOMMENDATION: Staff recommends that the City Council introduce the attached. ordinance (Exhibit 1) adopting amendments SRMC Title 14 (Zoning), Chapters 14.04, 14.05 and 14.17. :L[d:(c3*111►1111 State Laws Regulating Family Day Care Facilities In the 1970's, the State of California passed legislation establishing regulations and requirements for family day care facilities (centers and homes). The legislation requires that each family day care facility be licensed by the State of California (California Department of Social Services Community Care Licensing Division) and it sets specific mandates/limitations on local jurisdiction permitting requirements and review. Although there have been some changes in the State laws since the 1970's, the general mandates have not changed. The current State laws prescribe separate requirements for large family day care facilities (centers and day care homes serving 9-14 children) and small family day care homes for children (serving 8 or fewer children). Per the State law, small family day care homes for children are preempted from local zoning/land use permits and other local regulations (e.g., obtaining a business license). For large family day care homes for children, the State law: a) requires that a fire inspection ("850" fire inspection) be conducted by the local jurisdiction fire inspector as part of the State license process; and b) permits local jurisdictions the discretion to require a land use/zoning permit and/or a business license. A local jurisdiction has the authority to exercise land use/zoning permit requirements and impose performance or operational standards for large family day care facilities (nine or more children) in all zoning districts. So, many local jurisdictions require a Use Permit for large family day care facilities. However, the State law sets some limitations on the level of performance or operational standards a local jurisdiction can impose. The local jurisdiction can impose only "reasonable 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 minimum distance between day care homes); b) noise control; c) traffic control; and d) parking. A local jurisdiction can also require that a child care home operator obtain a local business license. FOR CITY CLERK ONLY File No.: 10– 3 x 10 – s Council Meeting: RL1Y2C/4 Disposition: ��a La VF rf)4 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paize: 3 2013, a group of the day care home operators made a presentation to the City Council requesting that the permit and business license requirements be reviewed and they be provided with relief. The City Council directed staff to work with the day care home operators to resolve their issues. Since the September 16, 2013 presentation to the City Council, staff has been working with three key representatives of the large family day care home operators in San Rafael. With the assistance of the City Manager, the care home operators were guided to file for a business license application and past business taxes and penalties were waived. Further, the City suspended the requirement 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 care homes (eight children or less) and, over time, had grown to large day care home status. The operators had secured 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 little direction or advice to the operators to contact 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 business license would be required to change the status of their day care home from small to large. State staff has indicated to City staff that they provide general advice to care home operators on the need to check with the local jurisdictions regarding permit and license requirements. However, with the exception of the required fire inspection, the State does not have a process that requires proof of local jurisdiction approval before a State license is issued. For this reason, City staff determined that there is a need to establish a better City process that would inform the day care home operator of local permit and license requirements. As a result of this discovery, the City has initiated and will be implementing the following process steps: 1. The Fire Department receives a request from the State to conduct an "850" fire inspection 2. Before the inspection is conducted, the request will be forwarded to the Community Development and Finance Departments 3. The Community Development Department will review to determine City permit requirements 4. The day care home operator will be contacted to inform them of City permit and business license requirements 5. If City permits are required, the Fire Department will respond to the State and indicate that fire inspection will not be completed until the operator has filed for the appropriate City permit 6. The "850" fire inspection will be completed and the State will be informed of this approval before the City permit is approved. In working with the representatives of the day care home operators, it became apparent that our current permit requirements and performance standards were worthy of review and revision. The suggestions that came forth included the following: The City fees for securing a Use Permit are very high compared to other Marin jurisdictions. It was noted that there are many child care homes that provide a service to lower-income clients, so the permit fee should be affordable. See Exhibit 5, which presents the results of a survey of the permit requirements and fees charged by other Marin jurisdictions. Most child day care homes operate without any impacts to neighbors or surrounding residents, so the permit requirements and process should not be overwhelming to the operator. The City -required performance and operational standards should be reviewed to ensure they are reasonable and consistent with State law. The City should prepare an informational handout for the public that describes the City permit, license and inspection requirements for family day care homes. This informational handout should be published in English and Spanish. SAN RAFAEL CITY COUNCIL AGENDA REPORT I Page: 5 As suggested by the child care home representatives, staff is preparing a public information sheet summarizing the City requirements for small and large family day care homes for children. It is expected that this information sheet will be completed in the next several months. The informational sheet will be available in hardcopy and posted on the City's website. The sheet will be published in both English and Spanish. 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 children. The permitting options are presented in the attached table (Exhibit 4), which includes a discussion of the pros and cons for each option. A summary is provided as follows: 1. Option 1- Status Quo. This option would maintain the current Use Permit (Zoning Administrator - level review) requirement. This option would continue the current process, which is costly to the child care home operator and would not promote permit streamlining. 2. Option 2- Current Proposal. This option presents the Administrative Use Permit requirement summarized and recommended in this report. While the currently -proposed code amendments would promote a more streamlined, less costly process for the child care operator, the current appeal process would not be eliminated. The potential for appeals would continue, similar to the recent permit review and approval process that was encountered with the child day care home at 23 Baypoint Drive, 3. Option 3- Hybrid Permit Proposal. This option considers: a) the Administrative Use Permit requirement for large family day care homes for children proposed in attached residences (e.g., townhomes and condominiums where there are shared walls between residences and closely - spaced private outdoor yardluse areas such as the day care home at 23 Baypoint Drive); and b) a Ministerial Permit for large family day care homes for children proposed in detached residences (e.g., detached single-family homes on conventionally -sized residential lots). Under both situations, the day care homes would be required to comply with the City -adopted performance standard prescribed in SRMC Section 14.17.040. However, for day care operations proposed in detached single-family residences, there would be no right of appeal to the permit action. This option has merit and is worthy of consideration for the following reasons: a. The State laws and regulations allowing family day care homes in residences were initially envisioned and intended for day care home operation in detached, single-family homes on conventional residential lots where there are no shared walls and where outdoor yardluse areas provide ample setbacks and separation from adjacent residents. b. The City's Noise Ordinance (SRMC Chapter 8.10) sets different noise limits and standards for a single-family residence and multiple -family residences that have shared walls between units; the allowable noise (decibel) limits for the latter are lower. c. A ministerial permit would truly streamline permit review and reduce cost to the large family day care home for children located in detached residences. 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 residential/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 options 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 Subcommittee supports the reduced Administrative Use Permit because it focuses day care home compliance on the SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 77 Consistency with San Rafael General Plan 2020 As noted above, the San Rafael General Plan 2020 contains policies and programs that strongly encourage child care. The proposed municipal code amendments would continue to encourage and reinforce the value and importance of child 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 (Childcare). Plan for and encourage the development of new and the retention of existing childcare centers to meet neighborhood and citywide childcare needs. In conjunction with the school districts, encourage continuation of childcare programs at school sites because of their suitability for such uses and convenient locations in residential neighborhoods. Response: The proposed municipal code amendments would streamline the permit process for these homes, which would encourage the establishment of new and the retention of existing family day care homes for children. Neighborhood Element Policy NH -11 (Needed Neighborhood -Serving Uses). Give priority to "needed neighborhood -serving uses." Examples of needed neighborhood -serving uses are: supermarkets; craft stores; cafes; restaurants; drug stores; neighborhood shopping centers which include uses such as dry cleaners, delis and markets, video stores, etc.; health and medical facilities and services; as well as improved public uses and services such as parks, schools, child care, and police services. Other similar uses that serve primarily neighborhood residents and/or employees and receive broad neighborhood support may also qualify. Response: A large family day care home for children is considered a needed neighborhood - serving use, which is provides a critical service to the City's residents and the workforce. The proposed municipal code amendments would provide a more streamlined permit process and clearer performance standards for large family day care homes for children. Neighborhood Element Policy NH -52 (New Business Development). Encourage and give priority to new business development that benefits the neighborhood through provisions of needed services, low traffic impacts or employment of a high percentage of neighborhood residents. Encourage opportunities for local residents to own and operate businesses Response: The proposed municipal code amendments would further support the home- based business of providing needed child care in the residential and residential/once districts and neighborhoods throughout the City. Neighborhood Element Policy NH -66 (Childcare). Provide more affordable, quality, childcare facilities that support the community. Response: The proposed municipal code amendments would change the permit provision to require the child care home operator to obtain an Administrative Use Permit process. The Administrative Use Permit has a more streamlined process and a substantially -reduced application fee,* which is advantageous to family day care homes that are marketing affordable child care service. Further, the proposed amendments would be consistent with the City Council's direction to refine, adjust and streamline our City services and permit processes commensurate with reduced budgeting and staffing. * Note: The permit fee would be reduced from $2,476.00 to $9,420.00 for an Administrative Use Permit. A reduction in the Administrative Use Permit fee to $398.00 is being proposed by staff with the latest Master Fee Schedule update. This fee schedule update will be presented to the City Council for consideration and action within the next several months. ACTION REQUIRED: It is recommended that the City Council: 1. Open the public hearing and accept public testimony on the project; 2. Close the public hearing; and 3. Pass an ordinance to print adopting the municipal code amendments as proposed (Exhibit 1). ATTACHMENTS: Exhibit 1: Ordinance adopting proposed municipal code amendments Exhibit 2: Letters from child care operator representatives Exhibit 3: Inventory of State -Licensed large family day care homes for children- San Rafael Exhibit 4: List of permit and performance standard options reviewed and considered Exhibit 5: Survey of large family/child day care home regulations- Marin County jurisdictions Exhibit B: Map of State -licensed large family day care homes for children in operation as of January 1, 2014- San Rafael Exhibit 7: Public hearing notice Irgchldeare Mpt 9 214 ORDINANCE NO. 1924 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE TITLE 14 (ZONING), CHAPTERS 14,04 AND 14.05 (LAND USE REGULATIONS), AND CHAPTER 14.17 (PERFORMANCE STANDARDS) TO AMEND PERMIT AND PERFORMANCE STANDARD REQUIREMENTS FOR LARGE FAMILY DAY CARE HOMES FOR CHILDREN LOCATED IN RESIDENTIAL AND RESIDENTIAL/OFFICE DISTRICTS (ZO14-001) WHEREAS, San Rafael Municipal Code (SRMC) Title 14 (sometimes referred to as "the Zoning Ordinance") includes, among others, land use provisions and regulations for family day care and residential care homes located in residential districts. Small family day care homes for children and adults (eight or fewer children/adults) and small residential care homes (six or fewer residents) are permitted by State license but, by law, may be subjected only to limited local zoning regulation. To establish and operate large family day care homes for children (nine or more children) in residential and residentiaVoflice zoning districts, the Zoning Ordinance requires the approval of a Use Permit (Zoning Administrator level review) and compliance with specific performance standards (SRMC Section 14.17.040); and WHEREAS, the San Rafael General Plan 2020 encourages and acknowledges the value and importance of family day care homes for children. The support for family day care homes is addressed in General Plan Land Use Element Policy LU -19 (Childcare) and Neighborhood Element Policies NH -11 (Needed Neighborhood -Serving Uses), NH -52 (New Business Development) and NH -66 (Childcare). This service is well supported in San Rafael as there are 27 State -licensed, large family day care homes for children and a greater number of small family day care homes for children in the community; and WHEREAS, as part of the City's annual review of business licenses in 2013, the City discovered that of the 27 State -licensed large family day care homes for children, 19 are operating without a City -approved Use Permit and do not have a City business license. Most of these 19 day care homes have been in operation for many years, starting as a State -licensed small day care operation and eventually growing to large day care home status. While all are appropriately licensed by the California Department of Social Services Community Care Licensing Division, it appears that their operators were unaware of the City permit and business license requirements when they changed their family day care home from small to large home status; and WHEREAS, the City's 2013 discovery of the unpermitted, large family day care homes for children has provided an opportunity to: a) improve the coordination between the State licensing process and the City review and permit process for large family day care homes for children; b) review and update the City's current permit requirements and performance standards for these homes; and c) provide a better system for informing existing and potential child day care home operators of the City's permit and business license requirements; and WHEREAS, in coordination with and assisted by representatives of the local child day care home operators, City staff drafted amendments to the Zoning Ordinance which would streamline the land use permit process (change the permit requirement from Use Permit to Administrative Use Permit), update the required performance standards, and provide an amnesty program for the 19 State -licensed large family day care homes for children that were in operation prior to January I, 2014 but which are operating without a City Use Permit. The amnesty program would require these operators to file for and secure an Administrative Use Permit, but would waive the otherwise applicable permit noticing requirements; and WHEREAS, the proposed amendments to the Zoning Ordinance were published on May 30, 2014 and are presented in Division I below; and WHEREAS, the amendments to the Zoning Ordinance do not propose any changes to City policies or regulations that would result in a direct or indirect physical, environmental impact; therefore it has been determined that this amending ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to the general rule in CEQA Guidelines Section 15061(b)(3) that CEQA applies only to projects which have the potential for causing a significant effect on the environment; and WHEREAS, on June 10, 2014 the Planning Commission held a duly noticed public hearing on the proposed amendments to the Zoning Ordinance, accepting all public testimony and the written report of the Department of Community Development; and WHEREAS, on June 10, 2014 the Planning Commission adopted Resolution No. 14-05 recommending to the City Council adoption of the proposed amendments to the Zoning Ordinance, which are presented in Division 1 below; and WHEREAS, on September 2, 2014, the City Council held a duly noticed public hearing to consider the proposed Zoning Ordinance amendments, and considered all oral and written public testimony and the written report of the Community Development Department; and WHEREAS, the City Council hereby finds that the proposed amendments to the Zoning Ordinance are consistent with the policies and programs of the San Rafael General Plan 2020 in that: 1. As proposed, the amendments to provisions of the Zoning Ordinance specific to large family day care homes for children are consistent with the policies and programs of the San Rafael General Plan 2020 in that: a. Consistent with Land Use Policy LU -19 (Childcare), the amendments would streamline the permit review process for these homes, which would encourage the establishment of new, and the retention of existing, family day care homes for children. b. Consistent with Neighborhood Policies NH -11 (Needed Neighborhood -Serving Uses) and NH -52 (New Business Development), the amendments would further support the home-based business of providing needed child day care in the residential neighborhoods throughout the City; and c. Consistent with Neighborhood Policy NH -66 (Childcare), the streamlined Administrative Use Permit process has a substantially -reduced application and processing fee, which is advantageous to the family day care homes that are marketing affordable child care service. 2. The public health, safety and general welfare are served by adoption of the proposed Zoning Ordinance amendments, in that they would: a) streamline permit review and lower the cost for the child care home operators; and b) incorporate updated performance standards for family day care homes for children; c) implement policies and programs in the San Rafael General Plan 2020 that encourage periodic update to 2 the Zoning Ordinance to ensure consistency with the General Plan; and d) promote existing and new businesses by simplifying the planning review process. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: DIVISION 1. A. San Rafael Municipal Code Title 14 (Zoning) - Zoning Ordinance Table Amendments. The Land Use Tables in Title 14 are hereby amended as follows: I. Table 14.04.020 in Section 14.04.020 (Land use regulations [R, DR, MR, HR, and PD]), is hereby amended to read, in pertinent part, as follows: R DR MR HR PD Day Care Day Care Facility, child or adult Family Day Care Large (9-14 children) A A A A A 2. Table 14.05.020 in Section 14.05.020 (Land use regulations [GC, NC, O, CIO, RIO, FBWC]), is hereby amended to read, in pertinent part, as follows: RIO Day Care Day Care Facility, child or adult Family Day Care Large (9-14 children) A 3. Table 14.05.022 in Section 14.05.022 (Land use regulations [4SRC, HO, CSMU, 2/3MUE, 2/3MUW, WEV, 5/MR/0]), is hereby amended to read, in pertinent part, as follows: 5/MR/O Day Care Day Care Facility, child or adult Family Day Care Large (9-14 children) A B. San Rafael Municipal Code Title 14 (Zoning) - Zoning Ordinance Text Amendments. Title 14, Chapter 14.17, section 14.17.040 is hereby amended to read in its entirety as follows: 14.17.040 Family (lay care home for children, large. A. Purpose. The provisions of this section are intended to set forth permit requirements and operational standards for Iarge family day care homes for children when established in a dwelling unit located in residential or residential/office zoning 3 districts. Large family day care homes for children provide a home environment conducive to safe and healthy development, promote sustainability, and are supported by the policies and programs of the San Rafael general plan. The standards regulate potential traffic and noise impacts related to the operation of large family day care homes for children to ensure that these uses do not adversely impact the adjacent properties and the neighborhood in which these homes are located. B. Applicability. The permit requirements and operational standards for large family day care homes for children apply in all residential zoning districts, and in the mixed residential/office districts which permit residential uses. Compliance with the standards presented in subsection D, below shall be reviewed through the applicable permit process prescribed in subsection C below. The provisions of this section are not applicable to large family day care homes for children in non-residential districts, where allowed by use permit. The performance and operational standards for large family day care homes in non-residential districts shall be established through the use permit process. C. Permit requirements. i. Administrative use permit. An administrative use permit pursuant to Chapter 14.21 of this Code shall be required for all large family day care homes for children when established for operation in a dwelling unit located in the R, MR, HR, PD, 5-MR/O, or RIO Districts. The administrative use permit is required to confirm compliance with the standards in subsection D below. 2. Notice of decision. A notice of decision on the administrative use permit by the community development director shall be mailed to the applicant, property owner, and the property owners and residents that are immediately contiguous to and across the streettroad from the proposed operation at least fifteen (15) days prior to the decision date. The notice shall indicate the decision date, and the ability to comment on the application and.'or appeal the decision. Large family day care homes for children that were in operation and licensed by the State of California prior to January I, 2014 are exempt from this noticing and public hearing requirement. 3. Written decision of permit action. The community development director shall prepare a written decision which shall contain the findings of fact upon which such decision is based and conditions of approval, if any. The written decision of permit action shall be mailed to the applicant and property owner. 4. Appeal of decision. As required by Section 14.21.100 (administrative use permit) of this title, an appeal of the decision shall be filed within five (5) working days of the permit action. D. Standards Required for Issuance of Administrative Use Permit. 1. Outdoor activity and play area. if an outdoor activity and play area is proposed or provided, the following are required to minimize potential noise impacts and to maintain the privacy of neighboring residents: a. Outdoor play area equipment. Any stationary play equipment shall not be located in the required side yard setbacks. b. Outdoor activity hours. Outdoor activities may be conducted between the hours of seven a.m. (7:00 a.m.) and nine p.m. (9:OOp.m.) only. c. Compliance with the noise ordinance. All outdoor activities shall comply with the general noise limits set forth in Chapter 8.13 of this code. 2. Parking. On-site parking for large family day care homes shall not be required except for the amount that is required for the residential use. Use of the required, covered parking (garage) for the child care operation shall be prohibited. 3. Passenger Loading and Parking Plan. A passenger loading and parking plan is required and shall be approved by the city traffic engineer. The plan shall 4 demonstrate adequate and safe access with minimal disruption to local traffic and circulation. 4. Lighting. Passenger loading areas shall be illuminated for safety. The fighting shall be directed away from adjacent properties and shall be of comparable intensity compatible with the neighborhood. 5. Fire inspection clearance. As required by the State of California for care home licensing, a fire inspection shall be conducted by the fire department to inspect for compliance with state fire standards prior to the approval of the administrative use permit. 5. City business license. A city business license is required. The business license shall not be issued until the administrative use permit is approved. 7. State and Other Licensing. All family day care facilities shall be state licensed and shall be operated according to all applicable state and local regulations. A copy of the license application shall be submitted with the administrative use permit application. DIVISION 2. If any subsection, sentence clause or phrase of this ordinance amendment is, for any reason, held to be invalid, such decision shall not affect the validity of the remaining portions of this added ordinance section. DIVISION 3. A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted. This ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this ordinance shall be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this ordinance amendment along with the names of those Councilmembers voting for or against the amendment. RY O. tHILLIPS, Mayor ATTEST: fasf�.� �• �Q..� , ESTHER C. BEIRNE, City Clerk The foregoing Ordinance No. 1924 was read and introduced at a regular meeting of the City Council of the City of San Rafael on September 2, 2014 and was ordered passed to print by the following vote, to wit: AYES: Councilmembers: Bushey, Colin, Connolly, McCullough and Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 15th day of September 2014. eA ESTHER C. BEIRNE, City Clerk 6 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE TITLE 14 (ZONING), CHAPTERS 14.04 AND 14.05 (LAND USE REGULATIONS), AND CHAPTER 14.17 (PERFORMANCE STANDARDS) TO AMEND PERMIT AND PERFORMANCE STANDARD REQUIREMENTS FOR LARGE FAMILY DAY CARE HOMES FOR CHILDREN LOCATED IN RESIDENTIAL AND RESIDENTIAL/OFFICE DISTRICTS (ZO14-001) WHEREAS, San Rafael Municipal Code (SRMC) Title 14 (sometimes referred to as "the Zoning Ordinance") includes, among others, land use provisions and regulations for family day care and residential care homes located in residential districts. Small family day care homes for children and adults (eight or fewer children/adults) and small residential care homes (six or fewer residents) are permitted by State license but, by law, may be subjected only to limited local zoning regulation. To establish and operate large family day care homes for children (nine or more children) in residential and residential/office zoning districts, the Zoning Ordinance requires the approval of a Use Permit (Zoning Administrator level review) and compliance with specific performance standards (SRMC Section 14.17.040); and WHEREAS, the San Rafael General Plan 2020 encourages and acknowledges the value and importance of family day care homes for children. The support for family day care homes is addressed in General Plan Land Use Element Policy LU -19 (Childcare) and Neighborhood Element Policies NH -11 (Needed Neighborhood -Serving Uses), NH -52 (New Business Development) and NH -66 (Childcare). This service is well supported in San Rafael as there are 27 State -licensed, large family day care homes for children and a greater number of small family day care homes for children in the community; and WHEREAS, as part of the City's annual review of business licenses in 2013, the City discovered that of the 27 State -licensed large family day care homes for children, 19 are operating without a City -approved Use Permit and do not have a City business license. Most of these 19 day care homes have been in operation for many years, starting as a State -licensed small day care operation and eventually growing to large day care home status. While all are appropriately licensed by the California Department of Social Services Community Care Licensing Division, it appears that their operators were unaware of the City permit and business license requirements when they changed their family day care home from small to large home status; and WHEREAS, the City's 2013 discovery of the unpermitted, large family day care homes for children has provided an opportunity to: a) improve the coordination between the State licensing process and the City review and permit process for large family day care homes for children; b) review and update the City's current permit requirements and performance standards for these homes; and c) provide a better system for informing existing and potential child day care home operators of the City's permit and business license requirements; and WHEREAS, in coordination with and assisted by representatives of the local child day care home operators, City staff drafted amendments to the Zoning Ordinance which would streamline the land use permit process (change the permit requirement from Use Permit to Administrative Use Permit), update the required performance standards, and provide an amnesty program for the 19 State -licensed large family day care homes for children that were in operation prior to January 1, 2014 but which are operating without a City Use Permit. The amnesty EXHIBIT 1 1-1 the Zoning Ordinance to ensure consistency with the General Plan; and d) promote existing and new businesses by simplifying the planning review process. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: DIVISION 1. A. San Rafael Municipal Code Title 14 (Zoning)- Zoning Ordinance Table Amendments. The Land Use Tables in Title 14 are hereby amended as follows: 1. Table 14.04.020 in Section 14.04.020 (Land use regulations [R, DR, MR, HR, and PD]), is hereby amended to read, in pertinent part, as follows: R DR MR HR PD Day Care Day Care Facility, child or adult Family Day Care Large (9-14 children) CSA GZA GZA GZA GZA 2. Table 14.05.020 in Section 14.05.020 (Land use regulations [GC, NC, O, CIO, RIO, FBWC]), is hereby amended to read, in pertinent part, as follows: 17 • Day Care Day Care Facility, child or adult Family Day Care Large (9-14 children) CSA 3. Table 14.05.022 in Section 14.05.022 (Land use regulations [4SRC, HO, CSMU, 2/3MUE, 2/3MUW, WEV, 5/MR/0]), is hereby amended to read, in pertinent part, as follows: 5IMR/0 Day Care Day Care Facility, child or adult Family Day Care Large (9-14 children) CSA B. San Rafael Municipal Code Title 14 (Zoning) - Zoning Ordinance Text Amendments. Title 14, Chapter 14.17, section 14.17.040 is hereby amended to read in its entirety as follows: 14.17.040 Family day care home for children, large. A. Purpose. These ..`....a..-, The provisions of this section are intended to set _forth permit requirements and operational_ standards_ for aRew large family day care homes for children to leeatewhen established in a dwellin unit located in residential EXHIBIT 1 1-3 wall shall be eempatible with an site de-velepment and adjaeent pr-epef4ies. neighber-s, aft), statienary pla�, equipment shall net be leemed in fequired side . be eendueted between the hours efseyen a.m. (7.00 a.m.) to nine p.m. (9.00 p.m.). 42. Parking. On-site parking for large family day care homes shall not be required except for the amount that is required for the residential use. Use of the required, covered parkin (g (garagg) for the child care operation shall be prohibited. 53. Passenger Loading and Parkin. A passenger loading and parking-plan is required and shall be approved by the city traffic engineer -shall -be-requked. The plan shall demonstrate adequate and safe access with minimal disruption to local traffic and circulation. 64. Lighting. Passenger loading areas shall be illuminated depaFtfneRt for safety. The lighting shall be directed away from adjacent properties and shall be of comparable intensity compatible with the neighborhood. -75.-Fire inspection clearance. As required by the State of California for care home licensing, a fire inspection shall be conducted by the fire de artment l2riQr to the approval of the administrative use permit. S6. City business license. A city business license is required. The business license shall not be issued until the administrative use permit is approved. 7. State and Other Licensing. All family day care facilities shall be state licensed and shall be operated according to all applicable state and local regulations. A copy of the license application shall be submitted with the administrative use permit application. DIVISION 2. If any subsection, sentence clause or phrase of this ordinance amendment is, for any reason, held to be invalid, such decision shall not affect the validity of the remaining portions of this added ordinance section. ISI �� f�]►[c� A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted. This ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this ordinance shall be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this ordinance amendment along with the names of those Councilmembers voting for or against the amendment. EXHIBIT 1 1-5 EXHIBIT 2 LETTERS FROM CHILD CARE OPERATOR REPRESENATIVES V June 3, 2014 Tie A/o// PAclr Famil) Child Care 696 Tarragon Drive — San Rafael, CA 94903 415.492-9745 www.thewolfnackchildcare.com - howlpack@comcast.net Dear Members of the San Rafael Planning Commission, On September 2013, the entire community of Large Family Child Care Providers in San Rafael was asked to file for Business Licenses and Zoning Permits. Having never been informed of the need of the mentioned licenses and permits before and being asked to pay very high fees, back taxes and go through an unfair zoning process, the State Licensed providers were nervous and panicked. Some of us were considering closing our child care homes, which would create a deficit in the child care availability for San Rafael and would be devastating for providers and the families they served. We consulted with the Child Care Law Center and walked in at a City Council meeting to ask for changes. We were very happy with the response from the City Council meeting, especially from Nancy Mackie, City Manager, who offered to meet with us right away. After a meeting with all child care providers, Rejane Hurst and I were chosen to represent the providers in future meetings with the City of San Rafael. We first met with Ms. Mackie and Paul Jensen, Community Development Director, who were extremely attentive to our cause. They not only listened but also suggested that we work together to find a solution. We have done extensive research and so have Ms. Mackie and specially Mr. Jansen, City staff and together with the help of Laurie Furstenfeld from the Child Care Law Center, we have had numerous following meetings where we have gone through every step of, what looks like, a fair and just process. The amendments you find attached are a result of dedication and communication from all parties involved. Each amendment we asked to be made has been thoroughly explored and finally agreed on between all parties. We have since agreed to pay our Business License to The City of San Rafael and all providers have done so in a timely manner. We have also agreed on many changes that are fair and have agreed on the creation of a new an Administrative Permit for Large Family Child Care Providers and are in consensus with the Use Permit fee of $399.00. While our neighboring City of Novato does not require large family child care home providers to obtain a use permit because they CHILD CARE LAW CENTER 445 CHURCH STREET I 4T" FLOOR I SAN FRANCISCO, CA 94114 415.558.8005 WWW.CHILOCARELAW.ORG INFO@CHILID CARELAW.ORG June 4, 2014 San Rafael Planning Commission Members c/o City of San Rafael Community Development Department PO Box 151560 San Rafael, CA 94915 VIA EMAIL: Paul Jensen, Community Development Director RE: Proposed Zoning Ordinance for Large Family Child Care Home Providers Dear Planning Commission Members, We greatly thank the City of San Rafael ("the City") for its cooperation in reaching a mutual good -faith agreement regarding the City business license fee and zoning permit with the large family child care home providers ("Providers"). We also appreciate the City's receptiveness to the Child Care Law Center's legal technical assistance throughout the negotiation process. The Child Care Law Center uses legal expertise to help families secure high-quality, affordable child care, particularly for low-income and underserved communities. We believe that all children have the right to safe and nurturing care while their parents work. This letter offers a summary of the California Child Day Care Facilities Act insofar as its application to the negotiation process, a background of the process between the City and the Providers, and its successful outcomes. The Child Care Law Center supports the amended zoning ordinance before you. As further detailed below, we also highlight that the Planning Commission has the option of adopting a less restrictive zoning ordinance by classifying large family child care homes as a residential use of property. A. The California Child Day Care Facilities Act Preempts Municipal Business License and Zoning Laws In enacting the California Child Day Care Facilities Act ("the Act"), the Legislature recognized that there are insufficient numbers of regulated family day care homes in California, that there will be a growing need for child day care facilities due to the increase in working parents, and that many parents prefer child day care located in their neighborhoods in family homes. Cal. Health & Safety Code §§ 1597.30 (b) -(d). The Legislature further stated it to be a public policy of "statewide concern" that family day care homes for children should be situated in normal residential surroundings so as to give children the home environment which is conducive to healthy and safe development, and that children in a family day care home should be provided 1 business license, zoning permit and fire inspection process by facilitating coordination between City departments. This new process will save the City time and money by eliminating