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Home My WebLink AboutPC Reso 19-3113RESOLUTION NO. 19-3113 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THAT THE CITY COUNCIL APPROVE 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'/'h 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 Resolution No. 19-3113 Downey Planning Commission 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 strikethro gh; the amended regulations are proposed to read as follows: ECTION 9312.06. RESIDENTIAL ZONE USE REGULATIONS. Table 9.3.2 Residential Zone Use Family day care home, child Large (9-14) G11- P Gb- P G�- P G11- P Ghall not be withon 1,000 feet Small (8 or fewer) P P P P "'�^e SECTION 9814.04. AUTHORITY OF THE CITY PLANNER. (h) Minor Conditional Use Permit. Minor Conditional Use Permits are for la�ge`famiay--day Gare es4p the--rt�,sIdential -zones--ander outdoor dining areas in the commercial zones. Municipal Code Amendment (Large Family Daycare Regulations) - PLN -19-00155 December 4, 2019 - Page 2 Resolution No.19-3113 Downey Planning Commission SECTION 9316.04. MIXED-USE ZONE REGULATIONS. Table 9.3.7 Mixed -Use Zone Use Regulations Family day care home, child Large (9-14) Small (8 or fewer) SECTION 9414.06. STANDARDS. �Rd Ia age family da Gare rnin (9 to fo rinan (44) nhi'dFenl r Home occupations cn'�s� rcrrg��umsrrcaror,�c�rrv�rm,�e�a�-co r,c�$nrG�rr �,�zn,rrcarcr,�shall epAy be allowed iR the . ad unit. SECTION 7. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 4th day of December, 2019. n /, tieven D�mingu airman t City Planning Ission 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: Frometa, Spathopoulos, Duarte and Dominguez NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Owens ABSTAIN: COMMISSIONERS: None Mary Ca anagh, Secreta City Planning Commission Municipal Code Amendment (Large Family Daycare Regulations) - PLN -19-00155 December 4, 2019 - Page 3