HomeMy WebLinkAbout2. PLN-19-00155 - citywideDATE: DECEMBER 4, 2019
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
PREPARED BY: CRYSTAL LANDAVAZO, CITY PLANNER
SUBJECT: PLN-19-00155 (MUNICIPAL CODE AMENDMENT) – A REQUEST TO
AMEND VARIOUS SECTIONS OF ARTICLE IX AND ARTICLE III OF THE
DOWNEY MUNICIPAL CODE TO COMPLY WITH STATE LEGISLATION
RELATED TO LARGE FAMILY DAYCARE USES WITHIN
RESIDENTIALLY ZONED PROPERTIES
LOCATION: CITYWIDE
ZONING: VARIOUS RESIDENTIAL ZONES
REPORT SUMMARY
The State of California adopted Senate Bill No. 234 to amend existing legislation regulating
large family daycare uses located in residentially zoned properties. The Bill was passed to
promote large family daycare uses in residentially zoned properties. This Bill will restrict all
jurisdictions from exercising their local authority to require fees, business licenses or use
permits for this use. As a result this Municipal Code Amendment was prepared to reflect the
recently approved bill, by removing sections of the code that would no longer be applicable due
to the new legislation. Based on the analysis contained in this report, staff is recommending the
Planning Commission adopt the following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY RECOMMENDING THAT THE CITY COUNCIL APPROVE A ZONE
TEXT AMENDMENT (PLN-19-00155), THEREBY AMENDING VARIOUS
SECTIONS OF ARTICLE IX AND ARTICLE III OF THE MUNICIPAL CODE
RELATED TO LARGE FAMILY DAY CARE USES IN RESIDENTIALLY ZONED
PROPERTIES
BACKGROUND
State Legislation categorizes family day care homes in two categories, large family day care
and small family day care. Small family day care homes provide care for up to eight children and
a large family day care home allows up to fourteen children to be cared for within the provider’s
dwelling unit. Under prior law, the State regulated small family daycare facilities and allowed
them by right in all residential areas but allowed counties or cities to regulate large family
daycare facilities through a use permit. The purpose of the use permit was to ensure the large
PC Agenda Page 1
family daycare home complied with local standards pertaining to noise, concentration, traffic,
and parking. On September 5, 2019, the State of California adopted SB 234 (Chapter 244,
Family daycare homes) to be effective January 1, 2020. This Bill establishes that large family
daycare homes must be treated as a permitted residential use and prohibits local jurisdictions
from regulating large family daycare homes differently from small family daycare uses.
DISCUSSION
Currently, the Downey Municipal Code has two (2) categories for family day care uses, small
and large. In compliance with former California Government Code, small family day care homes
are considered a residential use of property and are permitted to care for up to 8 children
without a review process. A large family daycare, however, permits up to fourteen (14) children
to be cared for within the provider’s dwelling unit. These uses were required to obtain an
Administrative permit which reviewed for consideration of noise, concentration, parking and
traffic control to determine whether the proposed location is best suited for this use.
In compliance with prior State regulations, the existing Municipal Code regulations related to large
family daycare homes require a separation of 1,000-feet between large family daycare uses along
with an administrative review process. A Minor Conditional Use Permit evaluated potential
impacts to surrounding uses and required positive findings before obtaining approval.
Beginning January 1, 2020, the application process will no longer be required to be met as they
conflict with the new legislation. Senate Bill 234 states that there is a shortage of child care
options and a high demand for childcare throughout the state. The Bill supports large family
daycare homes and expresses that the State holds responsibility in making sure large family
daycares are being regulated through the State licensing program instead of through local
authority. As such, Senate Bill 234 removes all review and regulation authority from local
jurisdictions.
The proposed zone code amendment will remove all conflicts between the existing municipal
code and the new legislation. The attached resolution identifies all proposed deletions of the
existing code text using strikethroughs and all proposed new language is identified with underlines
and red font color.
ENVIRONMENTAL ANALYSIS
The requested Municipal Code Amendment is exempt from review under the California
Environmental Quality Act, Public Resources Code § 21000 et seq. (“CEQA”) and the State
CEQA Guidelines, 14 C.C.R. § 15000 et seq. because it would clarify rules and procedures to
permit the operation of facilities already permitted to operate under existing law and make
revisions and clarifications to existing regulations and procedures related thereto. The
amendment would not have the potential to cause significant effects on the environment. It is
therefore categorically exempt from further CEQA review under CEQA Guidelines Sections
15301, 15305, and 15308.
PC Agenda Page 2
FINDINGS
Pursuant to Municipal Code Section 9832.06, there are two (2) findings that must be adopted
prior to approving the Municipal Code Amendments. The findings are as follows:
A.The requested amendment is necessary and desirable for the development of the
community and is in the interests or furtherance of the public health, safety, and
general welfare.
The State adopted SB 234 on September 8, 2019, which finds that child daycare
facilities are desirable and important to have available for working parents due to the
shortage of facilities throughout the state and therefore shall be permitted by right in any
residentially zoned property. The State mandates that all local jurisdictions adopt the bill
as quality and expansion of childcare environments is a necessary need within the state
of California. The proposed Municipal Code Amendments introduce language that
removes regulations and requirements on large family daycare facilities as mandated by
the State Legislature. The State finds that parents prefer child daycares in a home
environment, and is desirable for the development of the community and is in the
interest of the public health, safety, and general welfare.
B.The proposed amendment is in general conformance with the General Plan.
The proposed Municipal Code Amendments set forth a use that will be permitted by right
in all residentially zoned properties without review, approval, or operational standards.
General Plan Program 1.3.2.2 – Adjust the codes, policies, and regulations in response
to changes in land use trends. The Municipal Code Amendment addresses a new
requirement through the State Legislature that removes cities or counties from placing
restrictions or regulations on this use. The proposed Municipal Code Amendments are
consistent with General Plan Policy 1.3.2.2 in that staff has evaluated the newer
legislation and proposes to amend its regulations so that the community is maintaining
compliance with state law. The proposed amendments will adjust current regulations to
provide residential properties the ability to operate large family daycare uses, licensed
by the State, within their home within the City.
CORRESPONDENCE
As of the date that this report was printed, staff has not received correspondence regarding this
application.
CONCLUSION
Based on the analysis contained within this report, staff is concluding that the proposed
Municipal Code Amendment (PLN-19-00155) is required in order to comply with State law. As
such, staff is recommending that the Planning Commission recommend to the City Council
approval of the Municipal Code Amendment PLN-19-00155, thereby amending the Municipal
Code with regards to Large Family Daycare uses.
EXHIBITS
A.Draft Resolution
B.Senate Bill 234
PC Agenda Page 3
RESOLUTION NO. 19-____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY RECOMMENDING THAT THE CITY COUNCIL APPRO VE A
MUNICIPAL CODE AMENDMENT (PLN-19-00155), THEREBY AMENDING
VARIOUS SECTIONS OF ARTICLE IX AND ARTICLE III OF THE MUNICIPAL
CODE RELATED TO LARGE FAMILY DAYCARE USES IN RESIDENTIALLY
ZONED PROPERTIES.
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission of the City of Downey does hereby find,
determine and declare that:
A.On September 5, 2019, the Governor signed Senate Bill 234 eliminating local review
authority for large family daycare uses which will become effective January 1, 2020;
and,
B.On November 21, 2019, notice of the pending municipal code amendment was
published in the Downey Patriot as a 1/8 th page ad in accordance with the
requirements of the Downey Municipal Code; and,
C.The Planning Commission held a duly noticed public hearing on December 4, 2019,
and after fully considering all oral and written testimony and facts and opinions
offered at the aforesaid public hearing, adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares the
requested Municipal Code Amendment is exempt from review under the California
Environmental Quality Act, Public Resources Code § 21000 et seq. (“CEQA”) and the State
CEQA Guidelines, 14 C.C.R. § 15000 et seq. because it would establish rules and procedures
to permit the operation of facilities already permitted to operate under existing law and make
revisions and clarifications to existing regulations and procedures related thereto. The
amendment would not have the potential to cause significant effects on the environment. It is
therefore categorically exempt from further CEQA review under CEQA Guidelines Sections
15301, 15305, and 15308.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearing, the Planning Commission further finds, determines and declares that:
A.The requested amendment is necessary and desirable for the development of the
community and is in the interests or furtherance of the public health, safety, and
general welfare. The State adopted SB 234 on September 8, 2019, which finds that
child daycare facilities are desirable and important to have available for working
parents due to the shortage of facilities throughout the state and therefore shall be
permitted by right in any residentially zoned property. The State mandates that all
local jurisdictions adopt the bill as quality and expansion of childcare environments is
a necessary need within the state of California. The proposed Municipal Code
Amendments introduce language that removes regulations and requirements on
large family daycare facilities as mandated by the State Legislature. The State finds
that parents prefer child daycares in a home environment, and is desirable for the
PC Agenda Page 4
development of the community and is in the interest of the public health, safety, and
general welfare.
B.The proposed amendment is in general conformance with the General Plan. The
proposed Municipal Code Amendments set forth review, approval, and operational
standards for a sensitive commercial use within the City. The proposed Municipal
Code Amendments set forth a use that will be permitted by right in all residentially
zoned properties without review, approval, or operational standards. General Plan
Program 1.3.2.2 – Adjust the codes, policies, and regulations in response to changes
in land use trends. The Municipal Code Amendment addresses a new requirement
through the State Legislature that removes cities or counties from placing restrictions
or regulations on this use. The proposed Municipal Code Amendments are
consistent with General Plan Policy 1.3.2.2 in that staff has evaluated the newer
legislation and proposes to amend its regulations so that the community is
maintaining compliance with state law. The proposed amendments will adjust current
regulations to provide residential properties the ability to operate large family daycare
uses, licensed by the State, within their home within the City.
SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council revise the following regulations of Article IX of the Downey Municipal Code as provided
below. New text is identified with an underline and red font color and deleted text is shown with
a strikethrough; the amended regulations are proposed to read as follows:
SECTION 9312.06. RESIDENTIAL ZONE USE REGULATIONS.
Table 9.3.2 Residential Zone Use Regulations
Use R-1 (all
lots sizes)
R-2 R-3 R-3-O Notes and Exceptions
Family day care home, child
Large (9-14)
Small (8 or fewer)
Cb P
P
Cb P
P
Cb P
P
Cb P
P
Large family day care homes
shall not be within 1,000 feet
of another large family day
care home
SECTION 9814.04. AUTHORITY OF THE CITY PLANNER.
(h)Minor Conditional Use Permit. Minor Conditional Use Permits are for large family day
care homes in the residential zones and for outdoor dining areas in the commercial zones.
PC Agenda Page 5
SECTION 9316.04. MIXED-USE ZONE REGULATIONS.
Table 9.3.7 Mixed-Use Zone Use Regulations
Use M-U Notes and Exceptions
Family day care home, child
Large (9-14)
Small (8 or fewer)
C P
P
SECTION 9414.06. STANDARDS.
(r)Home occupations and large family day care (nine (9) to fourteen (14) children)
shall only be allowed in the owner-occupied unit.
SECTION 7. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 4th day of December, 2019.
Steven Dominguez, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning
Commission of the City of Downey at a regular meeting thereof, held on the 4th day of
December, 2019, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
PC Agenda Page 6
PC Agenda Page 7
PC Agenda Page 8
PC Agenda Page 9
PC Agenda Page 10
PC Agenda Page 11
PC Agenda Page 12
PC Agenda Page 13
PC Agenda Page 14
PC Agenda Page 15