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Home My WebLink About12. Adopt Ord-Zone Text Amend-Large Family Daycare uses within Residentially Zoned Propertieso . } 4 , 9m:,.d V y TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY MANAGER FROM:OFFICE OF + r• E. SCHINDLER,DIRECTOR OF • DEVELOPMENT DATE:- - 2020 SECTIONSSUBJECT: ADOPT AN ORDINANCE APPROVING A REQUEST TO AMEND VARIOUS OF DOWNEY MUNICIPAL CODETO COMPLY WITH STATE LEGISLATIONr TO LARGE FAMILYDAYCARE RESIDENTIALLY• r PROPERTIES _ - r - • - • _r•• • • • -• OR • _ ej 0"NONNNk, Y111"A"Wil __ _ attachedfully considering all oral and written testimony and facts and opinions offered, introduced the Ordinance. AMEMN� _• FISCAL IMPACT ._1211IR 11151"Mil 1101 ATTACHMENTS �iiiiiiiiiLNii�=1 ' a I'm ire Me a 0 ir i analIT lu aner 1111J, MrIbluering aii a TIOTMesuMaj anu Yams UP1111urni at the ;f'oresaid public hearing, adopted Planning Commission Resolution No. 19-3113 recommending approval of the proposed Zone Text Amendment to the City Council by a 5-0 vote; and, WHEREAS, on January 16, 2020, notice of the pending public hearing was published ir the Downey Patriot as a I/81h page ad in accordance with the requirements of the Downey Municipal Code; and, IIAEREAS, on January 28, 2020, the City Council held a duly noticed public hearing to fully consider all oral and written testimony and facts and opinions regarding the amendment tit the Municipal Code; and, WHEREAS, having considered all of the oral and written evidence presented to it at said public hearing, the City Council of the City of Downey 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. WHEREAS, having further considered all of the oral and written evidence presented to it ?t said public hearing, the City Council of the City of Downey further finds, determines and teclares 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 SIB 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. Attachment "A" loff 11 9 A WWI 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOE�'J HEREBY ORDAIN AS FOLLOWS: SECTION 1. The following, Section 9312.06, shall be revised to Chapter 3 of Article IX of the Downey Municipal Code, and shall read as follows: Section 9312.16. RESIDENTIAL ZONE REGULATIONS. Table 9.3.2 Residential Zone Use Re ulations . . . ...... . M ' --w--17" -"- lots sizes.) ------- Family day care home, child Large (9-14) G11P Small (8 or fewer) I P I P P G�- P G"nother4argu-fam-4y--day P GaFe hem SECTION 2. The following, Section 9814.04, shall be revised to Chapter 8 of Article I of the Downey Municipal Code, and shall read as follows: I (h) Minor Conditional Use Permit. Minor Conditional Use Permits are for large-fam4y-day Gare hGmes4n4h- residential and 1--r outdoor dining areas in the commercial zones. . I A zur-1 It i SECTION 3. The following, Section 9813.06, shall be revised to Chapter 3 of Article IX of the Downey Municipal Code, and shall read as follows: Table 9.3.7 Mixed -Use Zone Use RegWations Family day care home, child Large (9-14) -G P Small (8 or fewer) P SECTION 4. The following, Section 9414.06, shall be revised to Chapter 4 of Article IX of the Downey Municipal Code, and shall read as follows: IF-11 ki 117-11 V (r) Home occupations and4af" family day--Gwe4nine-�QyWfoudeen (1144), Ghildfen) shall --* be allowed in-the-owner-ooGupied-w* SECTION 5. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. MAN]= SECTION 6. The City Clerk shall certify the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. awl MTN FOON 9z X9001 I U-M, Maria Alicia Duarte, CMC City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS CITY OF DOWNEY I HEREBY CERTIFY that the foregoing Ordinance No. 20- was introduced at a Regular Meeting of the City Council of the City of Downey held on the - th day of _, 2020, and adopted at a Regular Meeting of the City Council of the City of Downey held on the _ day of _, 2020, by the following vote to wit: I FURTHER CERTIFY that a summary of the foregoing Ordinance No. 20- was published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on 2020 (after introduction), and on —, 2020 (after adoption including the vote thereon). It was also posted in the Regular posting places in the City of Downey on the same dates. Maria Alicia Duarte, CIVIC City Clerk