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.
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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