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HomeMy WebLinkAboutOrdinance 1924 (Large Family Day Care)CLERK'S CERTIFICATE I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, and Ex -Officio Clerk of the Council of said City, do hereby certify that the foregoing: 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 (Z014-001) is a true and correct copy of an Ordinance of said City, and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 2nd day of September, 2014; a SUMMARY of Ordinance No. 1924 was published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City, held on the 15th day of September, 2014, by the following vote, to wit: AYES: COUNCILMEMBERS: Colin, Connolly, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bushey WITNESS my hand and the official Seal of the City of San Rafael this 181h day of September 2014 ESTHER C. BEIRNE City Clerk 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 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 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: 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) A A A A A 2. Table 14.05.020 in Section 14.05.020 (Land use regulations [GC, NC, O, C/O, R/O, FBWC]), is hereby amended to read, in pertinent part, as follows: 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 dad care home for children, large. A. Purpose. The provisions of this section are intended to set forth permit requirements and operational standards for large 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. 1. 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 R/O 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 street/road 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 1, 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 lighting 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. 6. 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. CARY O PHILLIPS, Mayor ATTEST: 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. i� G .. Pt &c..e ESTHER C. BEIRNE, City Clerk R SUMMARY OF 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) This Summary concerns a proposed ordinance of the San Rafael City Council that would amend portions of the City of San Rafael Zoning Ordinance, specifically San Rafael Municipal Code Chapters 14.04, 14.05 and 14.17, to change the permitting requirements and required performance/operational standards for large family day care homes for children, located in residential and mixed-use residential/office zoning districts. Ordinance 1924 would reduce the planning permit provisions from a Use Pen -nit requiring Zoning Administrator action to an Administrative -level Use Permit. Further, the changes in performance/operational standards provide for code compliance with the State law and improve coordination of family day care home review by the various City departments. This ordinance is scheduled for adoption by the San Rafael City Council at its regular meeting of September 15, 2014. The City Clerk has been directed to publish this Summary pursuant to City Charter and California Government Code section 36933(c)(1). A certified copy of the full text of the proposed ordinance will be posted and available for public review in the Office of the City Clerk, 1400 Fifth Avenue, San Rafael, California from September 10, 2014 through September 15, 2014. ESTHER C. BEIRNE San Rafael City Clerk Dated: September 10, 2014