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HomeMy WebLinkAboutAGENDA REPORT 1994 0706 CC REG ITEM 09BITEM• • MEMORANDUM TO: The Honorable City Council FROM: Jaime Aguilera, Director of Community Developme Paul Porter, Senior Planner DATE: June 14, 1994 (CC meeting of July 6, 1994) SUBJECT: PROPOSED STANDARDS FOR THE OPERATION OF LARGE FAMILY DAY CARE HOMES IN RESIDENTIAL AREAS Background At the Planning Commission meeting on October 4, 1993, the Planning Commission indicated that there is a need to review the Zoning Ordinance requirements for Large Family Day Care Homes in order to better regulate the uses in question for the benefit of the citizens of Moorpark. The Planning Commission recommended that the City Council direct the Planning Commission to study and provide a recommendation to the City Counci.' pertaining to this issue. On October 27, 1993, the City Council concurred with the Planning Commission recommendation and directed the Planning Commission to provide recommendations to the ('L.ty Council relating to Large Family Day Care Homes. This matter was first heard by the Planning Commission at a duly noticed public hearing on January 1994. The public hearing was continued to the regular Planning Commission hearing on February 14, 1994. The Planning Commission requested that staff obtain additional information from the County of Ventura Public Social Services Agency and the Fire Prevention. District regarding the requirements for licensing Large Family Day Care Homes. In particular, the Planning Commission was concerned about the type and frequency of inspections :irci the rules and' regulations regarding these facilities. Geri Fineroff a resident in Thousand Oaks spoke at the Planning Commission public hearing. The speaker spoke regarding her experience with family day care homes and as the U.S.D.A. Food Program Director. She reiterated staff responses to the Commission's inquiries on family day care homes which was brought forward to the Planning Commissior meeting on February 14, 1994 from the meeting on January 3, !99, At the Planning Commission meeting on February 14, 1994, the Planning Commission requested staff to prepare a Resolution regarding Large Family Day Care Homes to be presented for adoption at the Planning Commission meeting on February 28, 1994. The Resolution is attached for the Courcil's review. 20RPARK. CALIFC < ,A C.Iy Co II Meetng of I 99 ACTION: Discussion Zoning Regulations for Family Day Care Homes commence with Section 1596.70 of the State of California Health and Safety Code and may be cited as the California Ch_ld Care Facilities Act (See Attachment No. 6) Large Day Care Homes are defined as a home which provides family day care from seven (7) to twelve (12) children, inclusive, including children who reside at. the home as defined in the Health and Safety Code. Pursuant to Section 1597.46 of the Health and Safety Code, the State of California has partially preempted regulation of Large Family Day Care Homes involving care of seven to twelve children, while City regulation of Small Family Day Care Homes where care is provided to six or fewer children, are fully preempted. The State prescribes that Large Family Day Care Homes shall not be prohibited, but that local jur_i.sdictions may do one of the following: 1. Allow Large Family Day Care Homes as a permitted use in residential zones. 2• Grant a nondiscretionary permit subject to compliance with reasonable standards, restrictions, and requirements regarding the spacing and concentration, traffic, parking and noise control, fire safety and subdivision regulations relating to the dwellings in the residential area. The permit shah_ be issued by the person or persons designated by the planning agency to grant such permits, upon certificat_on without a hearing. 3. Require any Large Family Day Care Home to apply for a permit to use a lot zoned for single- family dwellings. The Zoning Administrator, if any, or if there is no Zoning Administrator, the person or persons designated by the planning agency to handle the use permits shall review and decide the app.ications . The use permit shall be granted if the Large Family Day Care Home complies with local ordinances, ;f any, prescribing reasonable standards, restrictions and requirements concerning spacing and concentration, traffic, parking and noise control relating to si-ch homes and complies with subdivision (d) and any regulations adopted by the State Fire Marshal pursuant tc that subdivision. Any noise standards shall be consistent with the local noise ordinances implementing the noise element of the general plan and shall take into consideration the noise levels generated by children. The local government shall process any required permit as economically as possible, and fees charged for rev i( w shat? not exceed the costs of the review process. Not less than 10 days prior to the date on which the decision will be made on the application, the zoning administrator, or person designated to handle such permits shall give notice of the proposed use by mail or delivery to all owners shown on the last equalized assessment roll as owning property within a 100 foot radius of the exterior boundaries of the proposed Large Family Day Care Home. No hearing on the application for a permit issued pursuant to this paragraph shall be held before a decision is made unless a hearing is requested by the applicant or other affected person. The applicant or other affected person may appeal the decision. The appellant shall pay the cost, if any, of the appeal. The Commission determined that there is a need within the community for Large Family Day Care Homes within close proximity to residences, but there is also a need to preserve a neighborhood's residential character at the same time. The Commission believes that this can be accomplished through the development standards which regulate the location and proximity of nearby Large Family Day Care Homes with regard to noise impacts, off - street parking requirements, traffic circulation and the location of areas for the loading and unloading of individua (::,h:ildren. The Commission recommended the Large Day Care Homes could be allowed based on a finding of compliance with the following criteria and standards: 1) Submission of Site Sketch - The applicant must submit a sketch (to scale) for the proposed site including the location of surrounding homes and streets, fences and /or walls, parking and play areas. The sketch need not be to scale. 2) Compliance with Noise Ordinance for Residential Zones The operation of the home shall comply with the provisions of Ordinance No. 157 (see attached) pertaining to excessive noise in residential zones. Conditions may be imposed on a Director approved Administrative Permit for the purpose of reducing noise impacts such as: (a) solid fencing (walls or other sound attenuating devices), (b) restriction on outside play hours, and (c) the location of play areas $nd placement of outdoor play equipment. 3) Parkinq Requirements - Large Family Day Care Homes shall not allow parking of visitors or clients on the street. The existing driveway must accommodate two (2) cars parked side -by -side and must be kept clear of cars belonging to the occupE�nts of the residence during business hours. 4) Traffic Circulation - Traffic circulation shall be designed to minimize traffic safety problems. If a project will create traffic circulation problems which may endanger passers -by, clients or others, the project must resolve the issue to the satisfaction of the approving authority, or be denied. 5) City Codes and Required Permits - Large Family Day Care Homes shall meet all City Codes and have been constructed or modified with all required permits and final clearances. City inspection for compliance with such codes shall have occurred or shall be required as a condition imposed upon the issuance of the Planning Director approved Administrative Permit. 6) Proximity to Other Family Day Care Homes - No Large Family Day Care Home may be operated within five hundred (5001) of any other Large Family Day Care Home. Said distance shall be in a straight line, without regard to intervening structures, from the closest point on the property lines of each parcel �n which the Large Family Day Care Home is locate(.° , 7) Transferability - The Administrative Permit for a Large Family Day Care Home is r )t transferable with the sale of the property or the business. 8) Expiration - The Administrative Permit shall expire if the use has ceased c),per 3t ion. Tor a period of six ( 6 ) months or more. 9) Revocation - The approving authority may revoke the Administrative Permit fox the operation of a Large Family Day Care Home if after an administrative hearing, and based upon substantial evidence, the approving authority makes any of the following findings: a. Any condition of tae Administrative Permit for a Large Family Day tare Home has been violated; or b. The use of the Large Family Day Care Home has become detrimental_ to the neighborhood traffic or public health or co As'* Lt.ut. +�s a public nuisance; or C. The Administrative Permit for a Large Family Day Care Home was obtiined 11 y misrepresentation or fraud. Conformance of Existing Large _Day Care Homes with Zoning Regulations - Existing licensed Large Family Day Care Homes must conform with the regulations of the Zoning Ordinance within three years of date of adoption of these ;'oning Ordinance regulations, or at the time the licensee must renew the license with the Public Social Services Agency, whichever comes first. The reason for the three year requirement for conformance with the proposed Ordinance is because the Public Social Services Agency Regulations requires renewal of a Large Family Day Care License three years from the date of issuance of the license. After adoption of the proposed Ordinance, staff will obtain a list of all current Large Day Care Facilities and mail them a copy of the adopted Ordinance. Staff wi11 also publish a notice of the Ordinance in the City's newsletter. The Planning Commission recommended that a Large Family Day Care Home could be allowed sub_jec: to the Director approved Administrative Permit process. City Attorney Review Staff has received information from the public that there will several people from the public attending the public hearing who are opposed to this proposed Ordinance. In order to conserve on the amount of time for City Attorney review of this Ordinance, staff has determined that it would be a more efficient use of the City Attorney's time to review the Ordinance after the Council has made a preliminary determination as tD the contents of the Ordinance. Recommendations: 1) Open the public hearing, ta.ke public testimony, and close the public hearing. 2) Determine the proposed amendment to the City's Zoning Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061. (b) (3) in that there is no possibility that the act -vity i.n question will have a significant effect on the envi-ronment. 3) Review the Draft Ordinance nd di.cect staff to make any Council directed changes. 4) Direct staff to have the C ty Attorney review the draft Ordinance. Attachment: 1. Draft Ordinance 2. Planning Commission Resolution 3. Planning Commission staff report dated December 14, 1993 4. Planning Commission staff report dated January 5, 1994 5 • Ordinance No. 5" 6. State Law ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING ORDINANCE NO. 189 FOR THE PURPOSE OF ADDING REQUIREMENTS RELATED TO LARGE FAMILY DAY CARE HOMES Whereas, on March 2, 1994, the Council adopted the then current County Ordinance with several modifications, now known as City of Moorpark Ordinance 189; a,d Whereas, the City Council noted that there is a need to amend the requirements of the City for Large Family Day Care Homes in order to better regulate the Large Family Day Care Homes for the benefit of the citizens of Moorpark; and Whereas, on February 14, 1994, the Planning Commission recommended that the City Council make modifications to the City's Zoning Ordinance in order to regulate Large Family Day Care Homes; and Whereas, on July 6, 1994, the City Council began public hearings on the proposed changes t.o the City's Zoning Ordinance and closed the public hearing on July 1994; and Whereas, the City Council determined that the modifications to the City's Zoning Ordinance is categorically exempt pursuant to State CEQA Guidelines Section 15061 (b) (3) in that the proposed amendments to the Zoning Ordinance does not have the potential for causing a signif:cant effect on the environment; and NOW, THEREFORE, THE CI`['Y COUNCII, OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS SECTION 1. That the modifications to the City's Zoning Ordinance are categorically exempt pursuant to State CEQA Guidelines Section 15061 (b) (31. SECTION 2. That the Current Zoriing Ordinance No. 189 is hereby amended as enumerated in Section z SECTION 3. Section 8105 -4 - u rge Family Day Care Homes add Note: See Section 8107 -22 ATTACHMENT t Section 8107 -22 - Large Family Day Care Homes - Family Day Care Homes for seven to twelve children, inclusive, including the children who reside at the home, require issuance of a Zoning Clearance and are subject to the fallowing requirements: 1) Submission of Site Sketch - The applicant must submit a sketch (to scale) for the proposed site including the location of surrounding homes and streets, fences and or walls, parking and play areas, The sketch need not be to scale. 2) Compliance with Noise Ordinance for Residential Zones The operation of the home shall comply with the provisions of Ordinance No. 157 pertaining to excessive noise in residential zones. Conditions may be imposed on a Zoning Clearance for the purpose of reducing noise impacts such as: (a) solid fencing (such as walls or other sound attenuating devices), (b) restriction on outside play hours, and (c) the location of play areas and placement of outdoor play equipment. 3) Parking Requirements - Large Family Day Care Homes shall not allow parking of visLtor.s or clients on the street. The existing driveway must accommodate two (2) cars parked side -by -side and must: be kept clear of cars belonging to the occupants c:. the residence during business hours. 4) Traffic Circulation - Traffic circulation shall be designed to minimize traffic safety problems. If a project will create traffic circulation problems which may endanger passers -by, clients or others, the project must resolve the issue to the satisfaction of the approving authority, or I,e denied. 5) City Codes and Required Permits Large Family Day Care Homes shall meet all City Codes and have been constructed or modified with all required permits and final clearances. City ins,e(-tion for compliance with such codes shall have occurred or shall be required as a condition imposed upon thou issuance of the Zoning Clearance. 6) Proximity to Other Family Dav Care Homes - No Large Family Day Care Home may be operated within five hundred (5001) of any other Large Family Day Care Home. Said distance shall be in a straight line, without regard to intervening structures, ; :rom the closest point on the property lines of each parcel on which the Large Family Day Care Home is located I 7) Transferability - The Administrative Permit for a Large Family Day Care Home is not transferable with the sale of the property or the business, 8) Expiration - The Administrative Permit shall expire if the use has ceased operation For a period of six (6) months or more. 9) Revocation - The approving authority may revoke the Administrative Permit fox °the operation of a Large Family Day Care Home if after an administrative hearing, and based upon substantial evidence, the Director of approving authority makes any of` the following findings: a. Any condition of tae Administrative Permit for a Large Family Day Cane dome has been violated; or b. The use of the Large Family Day Care Home has become detrimental to the neighborhood traffic or public health or rc:,istLt:utes a public nuisance; or C. The Administrative Permit for a Large Family Day Care Home was oht.iined ?)y misrepresentation or fraud. Section 8107 -22.1 - Conformance of Existing Large Family Day Care Homes with Zoning Regulations - Existing licensed Large Family Day Care Homes must conform with trie regulations of the Zoning Ordinance within Ordinance three years of date of adoption of these Zoning regulations, license with the or at the t.tme the licensee must renew the licensing requested by the applicant or agency, wh_che°ver comes first. Section 8107 -22.2 - Administrative Permit Process The processing for issuance of the Administrative Permit for such a use is specified below: 1) Not less than ten (10) days pri.or to the date on which the decision will be made on the application, the Community Development Director shall give notice of the proposed use by regular riai'. or delivery to all owner's shown on the last equal real zecf assessment roll as owning property within a boundaries of the 100 f,)ot radius of exterior propc s-d home 2) No public hearing -) r the application for the Administrative Permit _s required before a decision is made unless a hearing other affected requested by the applicant or person Section 8107 -22.3 - Authority to Approve Permit Application - Where no public hearing is requested, the approving authority shall be the Director of Community Development. If a hearing is requested, the Planning Commission is the approving authority. SECTION 4. That if any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, 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, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 5. This Ordinance shall become effective thirty (30) days after the passage and adoptioi. SECTION 6. The City Clerk shall certif adoption of this Ordinance; shall enter th original ordinances of said city, shall passage and adoption t the City Council at shall, within fifteen thereof, cause the sam a weekly newspaper of 6008 of the Government hereby designated for hereof in the records which the same is (15) days after e to be published once general circulation, Code, for th ? (71ty of that purpose y to the passage and e same in the book of make a minute of the of the proceedings of and adopted; and ssage and adoption in the Moorpark News, as defined in Section Moorpark, and which is passed the pa PASSED, APPROVED AND ADOPTED this _ day of , 1994. P aul W. Lawrason, Jr. Marro r ATTEST: Lillian E. Hare City Clerk 4 RESOLUTION No). PC -94- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA MAKING A RECOMMENDATION TO THE CITY COUNCIL PERTAINING TO PROPOSED CHANGES TO THE CITY'S ZONING ORDINANCE - LARGE DAY CARE FACILITIES Whereas, on February 20 1991, the City Council rescinded the previous Zoning Ordinance as well as Ordinance Nos. 74 (Parking/ Setbacks), 76 (Maximum Density), 113 (Signs), 83 (Produce Stands), 112 (Day Care Facilities), 121 (1,000 foot notification), and 130 (RPD Zones) in their entirety; and Whereas, the Council adopted the then current County Ordinance with several modifications; and Whereas, Section 8115 -1.i. a of Article 15 of Division 8, Chapter 1 of the Municipal Code :provides that the City Council may initiate proceedings to consider amendments to the Zoning Code by the adoption of a resolution of intention requesting the Planning Commission to set the matter for study, public hearing, and recommendation within a reasonable time; and Whereas, on October 27, .993, the City Council directed the Planning Commission to study, set a public hearing and provide a recommendation to the City Count 1 _1 pertaining to Section 8111 -8 et. seq, of the Zoning Ordinance; ,nd Whereas, the Planning Commission at their meetings on January 3 and February 14, 1994 hel(i a public hearing on the issue, reviewed the requirements of the Ctty for large day care homes in order to better fit the needs of t: h( City, and made recommendations to the City Council; and NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. On February 14, 1994, the Planning Commission held a public hearing, and recommends to the City Council the following revisions to the City's Zoning Ordinance relating to the regulations for large day care homes in -3rder to better fit the needs of the City. Section 8105 -4 - Care Facilities artd Note. See Section 8107 -22 Section 8107 -22 - Large Day Care Facilities - Day Care facilities for seven to twelve children, inclusive, including the children who reside at the home, require issuance of a Zoning Clearance and are subject to the following requirement., PP02 :15:9414:OIPmA : \PC.RES ATTACHMEN-r 2 1) Submission of Site Sketch - The applicant must submit a dimensioned sketch for the proposed site including the location of surrounding homes and streets, fences and or walls, parking and play aireas . The sketch need not be to scale. 2) Compliance with Noise Ordinance for Residential Zones The operation of the home shall comply with the provisions of Ordinance No. 157 pertaining to excessive noise in residential zones. Conditions may be imposed on a Zoning Clearance for the purpose of reducing noise impacts such as: (a) solid fencing (such as walls or other sound attenuating devices), (b) restriction on outside play hours, and (c) the location of play areas and placement of outdoor play equipment. 3) Parking Requirements •- Large Day Care Homes as shall not allow parking of visitors or clients on the street. The existing driveway must accommodate two (2) cars parked side -by -side and must be kept clear of cars belonging to the occupants of the residence during business hours. 4) Traffic Circulation Traffic.; circulation shall be designed to minimize traffic safety problems. If a project will create traffic, circulation problems which may endanger passers -by, clients or others, the project must resolve the issuE to the satisfaction of the approving authority, or 7e ienied. 5) City Codes and Rectuired Permits - Large Family Day Care Homes shall meet all City Codes and have been constructed or modified with all required permits and final clearances. City inspection for compliance with such codes shall concur or be required as a condition imposed upon the issuance of the Zoning Clearance. 7) Transferability Day 6) Proximity to Other Famiiy Day ._Care Homes - No Large Family Day Care (500') Home may be operated within five hundred of any distance shall other 1arc4e Family Day Care be in Home. Said a s,.raight line, without regard to intervening structures, :from the closest property lines of eac.rt parcel c °i which the point Large on the Family Day Care Home is locatC� 7) Transferability Day - A Zonilig Clearance for a Large Family Care Home is not trarisferande with the sale of the property or the business PP01:15 :9414 :01pmA :\pO,RES 8) Expiration - The Zoning Clearance shall expire if the use has ceased operation fo1 a period of six (6) months or more. 9) Revocation - The approving authority may revoke a Zoning Clearance for the operation of a Large Family Day Care Home if after an administrative hearing, and based upon substantial evidence, the Director of approving authority makes any of the following findings: a. Any condition of the Zoning Clearance for a Large Family Day Care Home has been violated; or b. The use of the Large Family Day Care Home has become detrimental to the neighborhood traffic or public health or c.oastt.utes a public nuisance; or C. The Zoning Clearance for a Large Family Day Care Home was obtained hrr misrepresentation or fraud. Section 8107 -22.1 - Conformance of Existing Large Day Care Facilities with Zoning Regulations - Existing licensed large day care facilities must conform with the regulations of the Zoning Ordinance within three years of' date of adoption of these Zoning Ordinance regulations, or at the t..-.me the licensee must renew the license with the licensing agenc },, wh.:chever comes first. Section 8107 -22.2 - Zoning Clearance Process The processing for issuance of a Zoning Clearance for such a. use is specified below: 1) Not less than ten (10) r.:iays prior to the date on which the decision will be made on the application, the Community Development Director shall give notice of the proposed use by regular rnai.L or delivery to all owner's shown on the last equal -zed assessment roll as owning real property within a 100 f':�ot radius of exterior boundaries of the propos< >d homE 2) No public hearing on .he application for a Zoning Clearance is required before a decision is made unless a hearing is requested k)y • he app '_ i.cant or other affected person. Section 8107 -22.3 - Authority to _Approve Permit Application - Where no public hearing is requested, the approving authority shall be the Director of Community Development. If. a hearing is requested, the Planning Commission is the approving iuthority. PASSED, APPROVED, AND ADOPTED THIS 28TH DAY OF FEBRUARY, 1994. PP02:15:99 19:011amA :\PC.RES TO: FROM: DATE: SUBJECT: q!ft round "'OORPARK, CALIFORNIA Manning COMMISS1 of 19 ACTION �C MEMORANDIIM The Planning Commission Jaime Aguilera, Directoi of Community December 14, 1993 (PC meeting of January 3, 1993) PROPOSED STANDARDS FOR THE OPERATION OF LARGE FAMILY DAY CARE HOMES IN RESIDENTIAL AREA. At the Planning Commission meeting on October 4, 1993, the Planning Commission indicated that there is a need to review the Zoning Ordinance requiremehts for Large Family Day Care Homes in order to better regulate the uses in question for the benefit of the citizens of Moorpark. The Planning Commission recommended that the City Council direct the Planning Commission to study and provide a recommendation to the City Council pertaining to this issue. On October 27, 1993, the City Coun,.:il concurred with the Planning Commission recommendation and di_r&-ted the Planning Commission to provide recommendations to the !'.z t -ounc° i] relating to Large Day Care Homes. Discussion Zoning Regulations for Family Day Care Homes commence with Section 1596.70 of the State of California Health and Safety Code and may be cited as the California Child Care Facilities Act (see attachment). Large Family Day Care Homes are defined as a home which provides day care from 7 to 12 children, inclusive, including children who reside at the home as defined in the Health and Safety Code. The City's Zoning Ordinance allows by right Large Family Day Care Homes for 12 or fewer children in the RA,. RE, R0, R1, R -2 and RPD zones with no special requirements. Pursuant to Section 1597.46 of the Health and Safety Code, the State of California has partially preempted regulation of Large Family Day Care Homes involving care of seven to twelve children, while City regulation of Small Fami provided to six or fewer children, are Dfully p Homes where care is prescribes that Large Family Day Care y Homes pted shall The *nottabe prohibited, but that local jur;:_s3icti..ons may do one of the following: PP11 :03:93 111:35aaW :\1)pYCAR8,1 ATTACHMENT 3 1. Allow Large Family Day ]are Homes as a permitted use in residential zones. 2. Grant a nondiscretionary permit subject to compliance with reasonable standards, restrictions, and requirements regarding the spacing and concentration, traffic, parking and noise control, fire safety and subdivision regulations relating to the dwellings in the residential area. The permit shad be issued by the person or persons designated by the planning agency to grant such permits,.tlpon certification without a hearing. 3• Require any Large Family Day Care Home to apply for a permit to use a lot ;zoned for single - family dwellings. The Zoning Administrator, if any, or if there is no Zoning Administrator, they person or persons designated by the planning agency t :o handle the use permits shall review and decide the applications. The use permit shall be granted if the Large Family Day Care Home complies with local ordinances, if any, prescribing reasonable standards, restrictions and requirements concerning spacing and concentrat. i., an , traffic, parking and noise control relating to Bach homes and complies with subdivision (d) and any 1 egul.at ,_ons adopted by the State Fire Marshal pursuant. to that subdivision. Any noise standards shall be consis Lent- with the local noise ordinances implementing 1-he noise element of the general Plan and shall take into consideration the noise levels generated by children. ThE? local government shall process any required permit as economically as possible, and fees charged for rewi�yw shal not exceed the costs of the review process. Not less than 1.0 days prior to the date on which the de( .isi.on will da application, the zon.,119 adm inistrator,ma or onerson designated to handle suc:!1 permits shall p the proposed use by mail. )r deli very to all owners on the last equalized alssessment- roll as owning property within a 100 foot radius of the exterior boundaries of the proposed Large Farn.i :L y, Day Care Home. No hearing on the application for a permit _ssued pursuant paragraph shall be held to this bafore a decision is made unless a hearing is requested b,a .hiy applicant or other affected person. The applicant rr other affected person may appeal the decision. 'l'1 i appey. ant: shall pay the cost, if any, of the appeal. Staff Analysis All communities have a need for l.,ar,_le Fami Ly Day Care Homes which are available within close proxim,it .() re- .;idences. However, the PP11:03 :93 111:35a=A :\DAYCARS,F- City has an obligation to preserve a neighborhood's residential character. This can be accomplished through development standards which regulate the location and proximity of nearby Large Family Day Care Homes with regard to noise impacts, off - street parking requirements, traffic circulation and the location of areas for the loading and unloading of individual children. Potential adverse effects of Large Family Day Care Homes upon surrounding properties and public streets can be avoided by creating development standards that will avoid: 1) an over - concentration of such uses and 2) adverse impacts to surrounding property owners. A Zoning Clearanc::e for such uses could be granted based on a finding of compliance °with the following criteria and standards: 1• Submission of Site Plan - The site plan for the applicant must submit a proposed use surrounding homes and streets. including the location of 2. Compliance with Noise_ Ordinance for Residential Zones The operation of the home provisions of Ordinance. t,4o. 157 shall comply with the noise in residential zones. imposed pertaining to excessive Conditions which may be on a Zoning Clearance for "large Family Day Care Homes" would serve the purpose c.f and could i,iclude, but reducing noise impacts re not fencing (such as wa11,; limited to: (a) solid or ether devices), (b) restri(::.t_on sound attenuating on (c) the location of pla), areas outside play hours, and play equipment. iind placement of outdoor 3. Parkin_ Q Requirements - 1..arge Day Care Homes as shall not allow parking of visitors or clients on the street. The existing driveway must a :commodate two ( 2 ) cars parked side -by -side and must be inept clear of cars belonging to the occupants of the residence wring business hours. 4. Traffic Circulation 'raf:fic circulation shall be designed to minimize trriffic safety project will create traffic circulation problems which may endanger passers -by, :lients or others, the project must resolve the issue to the satisfaction of the approving authority, or- k> 1r�niEyd . 5 • City Codes and Required Permits - Homes shall meet all City ('odes Large Family Day Care or modified with all and required have been constructed clearances. City inspec °_ior: for permits and final codes shall concur or be compliance with such upon the issuance of thF ''quired as a condition imposed OnJ riq 'learance. PP11:03 :93 111 :35azM :\OAyCARE P,. 6. Proximity to Other Family Dav Care Homes - No Large Family Day Care Home may be operated within five hundred (500') of any other :Large Family Day Care Home. Said distance shall be in a straight: line, without regard to intervening structures, from the closest point on the property lines of each parcel :on which the Large Family Day Care Home is locates. 7. Transferability - A Zoning Clearance for a Large Family Day Care Home is transferable with the sale of the property or the business for the designed location. No such transfer should take place unless, and until the new owner submits to the Director of Community Development an affidavit stating that the new owner is fully aware of the conditions of the Zoning Clearance and agrees to abide by same. Any information in change of ownership information regarding the business or property on which it is operated shall be reported to the Director of Community Development n<t _Later than thirty (30) days after concluding the sal, )r. transfer. 8. Expiration - The Zoning C i earanc e shall expire if the use has ceased operation for a per:Eod of six (6) months or more. 9. Revocation - The approv_ir;g authority may revoke a Zoning Clearance for the operati-on of a Large Family Day Care Home if after an administrative hearing, based uon substantial evidence, t:he Director of approving authority makes any of the followi, g f i.nd: ngs: a• Any condition of tho: Zoning Clearance for a Large Family Day Care Hom( has bEen violated; or b. The use of the Large Family Day Care Home has become detrimental 'o the neighborhood traffic or public health or ")-cititutes a public nuisance; or c. The Zoning Clearanc for ] Large Family Day Care Home was obtained hr, misrepresentation or fraud. Zoning Clearance Process The processing for issuance of a Zoning Clearance for such a use is specified in Section 1597.46 (3) of the Health and Safety Code. This requires a local jurisdiction permit economically and further defines the permitting pany rocess uaraphrased as follows: 1• Not less than ten (10) dilys prior to the date on which the decision will be rnid(> on the application, the PP11 :03:93 /11:35amA:\D.AYCARE.P,- r} Community Development;, Director shall give notice of the proposed use by regular mail or delivery to all owner's shown on the last equalized assessment roll as owning real property within �i 100 foot radius of exterior boundaries of the proposed home. 2. No public hearing on the application for a Zoning Clearance is required before a decision is made unless a hearing is requested by the applicant or other affected person. Authority to Approve Permit Appli( :.ati.on The Health and Safety Code is specific as to when a public hearing is required prior to the issuance ;7f a permit for Large Family Day Care Homes. Essentially, public hearings are only applicable in the event a hearing is requested by either: 1) the applicant or 2) an affected person. Under the circumstance where no public hearing is requested, it is appropriate for the approving to be the Director-of Community Development. here a hearing authority requested, the Planning Commi_ss on wc,Lild be the appropriate approving authority. California Environmental uali tY 1%__t The Department of Corununity Deve1_,pment has determined that the proposed amendments to the Zoning Ordinance will have no adverse significant effects on the environment. Section 15061 (b) (3 of the Califrr Therefore, pursuant to the proposed amendments to the nivironmental Quality Act considered a project. ty ,E': toning Ordinance is not , Recommendations: 1. Open the public hearing, ta]kEe )ublic testimony, and close the public hearing. 2• Determine the proposed rev.lsions to the City's Zoning Ordinance is not a project under the California Environmental Quality Act (CEQA) pursuant tc: Section 15061.(b) ( ) in that there is no possibility that the activity 3 have a significant effect o.n �' question will he environment. 3. Direct staff to prepare a Reso,utl_on recommending to the City Council adoption of amendments to the City's Zoning Ordinance Fel Day to Proposed standa:r_(:JS f or. the operation of Large Y y Care Homes. Attachment: Excerpts from Health ,i�d iafety Code PP11:03 :93111:35amA :\DA YCARg.PC ITEM q-14 MEMORANDUM TO: The Planning Commissior. FROM: Jaime Aguilera, Director of Community Development" Paul Porter, Senior Planner DATE: January 5, 1994 (PC meeting of February 14, 1994) SUBJECT: PROPOSED STANDARDS FOR THE OPERATION OF LARGE FAMILY DAY CARE HOMES IN RESIDENTIAL AREAS Background At the Planning Commission meeting on January 3, 1994, the Planning Commission requested staff to obtain additional information from the County of Ventura Public Social Services Agency and the Fire Prevention District regarding the requirements for licensing Large Day Care Facilities. In particular the Planning Commission was concerned about the type and frequency of inspections and the rules and regulations regarding these fa- :ilities. The public hearing on this matter was kept open. Discussion Fire Department Regulations On January 5, 1994, staff contacted the Fire Prevention District and obtained information regarding the requirements for large day care facilities from Rick Mura. He indicated that prior to a large day care facility obtaining a license from the Public Social Services Agency, a home would have to pass an inspection from the Fire Department. In addition, the Fire Department would inspect the facility for compliance with Fire Department regulations each year. The Fire Department requires the following: 1) Fire alarm bell to be used in case of a fire. 2 ) Doors leading to the outside must open with one motion of turning the handle. 3) If. the facility has a back yard, there must be a walkway with a side yard gate ]ending out of the yard area. 4) Smoke detectors must be installed in each of the bedrooms and in the hallway lea.dirig from the bedrooms. PP01 :05:94 110 :50amA :\DAyCARg PCI I ATTACHMENT 4 5) The door leading from the garage to the house must be constructed of at least one and five eights thick solid core construction, self closing, and have a one four fire rating. 6) There must be one (Type 2MOBC; fire extinguisher inside the house. 7) The address numbers located on the outside of the facility must be at least 4 inches in height. Public Social Services Agency Regulations The Public Social Services Agency for the County of Ventura requires the following of an appl. cant Prior to issuing a license for a large day care facility: 1) Application - The application is intended to identify such basic information as who are the applicants where the home is located and who resides in the home. , 2) Child Abuse Index Check - The purpose of the check is to assure that no one in the home has a history of abusing children. A separate farm is required on all applicants and adults residing in xhe home or providing care. 3) Criminal Record Statement - The Criminal Record Statement is to assure no one i:n the home has a criminal history. A form is required of al applicants and adults residing in the home or providin(_d care,. 4) Facility Sketch - A sketch of the home and yard is required to show areas n the home available for child care. 5) Fingerprint Card - A fingerprint card must be submitted for all applicants and 3du.ts residing in the home or providing care. 6 ) Local Fire Inspection •- For large day care facilities for seven or more children or non - ambulatory children, the applicant must identify the name and location of the fire inspection agency in the area. 7) Tuberculosis Clearance - Applicants for large day care facilities must submit TB clearances on all applicants and adults residing in tae home or providing care. 8) Large Day Care Applicants The applicants must also submit information to show that they have experience to operate a large fami4 name or an equivalent of twelve units of credit in early J ildhcNod education. PP01 :05 :94 110 :50amA :\LIAYCARE.pC! 9) Licensing Orientation - Applicants are required to attend a Family Day Care Orientation provided by the licensing agency. Term of an Initial or Renewal License The initial or renewal of a family day care license expires three years from the date a issuance. A license for renewal of the license must be made with the licensing agency thirty days prior to the expiration of the permit. Failure to make an application for renewal of the application date results in expiration of the license. The license is automatically renewed if the renewal application has been filed thirty days prior to the expiration date. Revocation or Suspension of a License or._Registration The issuing authority has the authority to suspend or revoke a license for the following reasons 1) Violation by the licensee of any of the laws, rules and regulations governing family day care homes. 2) Aiding, abctting, or permitting the violation of any of the laws, rules and regulations governing family day care homes. 3) Conduct in the_.operation or maintenance of a family day care home which is inimical to the health, morals, welfare, or safety of either an individual or in receiving services from ,.he fac i1ity or the people of the State of California. 4) The conviction of a licensee, the household at the time specified in the regulations homes. Inspectincx Authority or other person living in of licensure of a crime governing family day care Any authorized officer, employee, or agent of the licensing agency upon presentation of proper identification, may enter and inspect without advance notice to secure compliance with, or to prevent a violation of -the regulations gover-ning family day care homes. Operation of a Family Day Care ]Home The following is a summary of the pert.inerit regulations for family day care homes: PP01:05:94110:50amA :\DAyCARg PC1 1) The licensee shall be present in the home and shall ensure that the children are supervised at all times while children are in care, except when circumstances require his /her absence. The licensee shall arrange for a substitute adult to care and supervise the children during his /her absence. Temporary absences shall not exceed 20 percent of the hours that the facility is providing care per day 2) The home shall maintair telephone service. 3) The home shall provide safe toys, play equipment and materials. 4) When the child shows signs of illness, he /she shall be separated from other children and the nature of the illness determined. If it is a communicable disease, the child must be separated from other children until the infectious stage is over. 5) If food is brought from the children's homes, the container shall be labelled with the child's name and properly stored or refrigerated. 6) The home shall be free from defects or conditions which might endanger the ch._ld. Safety precautions shall include, but not be 1 ;..n. i.te,3 t(; : a) Fireplaces and open face heaters shall be screened to prevent access - >y children. b) Where children less than five years old are in care, stairs shall be fenced or barricaded. c) Poisons, detergents, cleaning compounds, medicines, firearms and other items which could pose a danger if readily available to children, shall be stored where they are i_na - cessible. 1) Storage areas for poisons, firearms and other dangerous weapons shall. be locked. 2) In lieu of locked storage for firearms, the licensee may ase trigger locks or remove the firing pin. Firing pins shall be stored and locked sepaira- .el`,T from firearms. 3) Ammunition :mall be stored and locked separately f i m ±'ire firms . PP01 :05:94110:50amA: \DAYCARE.pC1 4 d) All in- ground swimming pools shall have at least a five foot fence or covering inspected and approved by the licensing agency. Fencing shall be constructed so that it does not obscure the pool from view,. cannot be easily climbed by children, and is self latching at the top of the gate. If a pool cover is used, it shall be strong enough to completely support the weight of an adult. e) Outdoor play areas shall be either fenced, or outdoor play shall _ be supervised by the caregiver. f) An emergency information card shall be maintained for each child and shall include the child's full name, telephone number and location of a parent or other responsible adult to be contacted in an emergency, the name and telephone of the child's physician, and the parent's authorization for the licensee to consen,: to emergency medical care. g) Each family day care home shall have a written disaster plan of action prepared on a form approved by the licensing agency. All children (age and ability permitting), provider and assistant provider, and other- members of the household shall be instructed in t..heir duties under the disaster plan. As new children are enrolled (age and ability permitting), they shall be informed promptly of their iuti_es as required in the plan. 7) Only drivers licensed. Eor the type of vehicle to be operated shall be pel- Mi.tt+.�d to transport children in care. 8) The manufacturer's rated seat capacity of the vehicle shall not be exceeded.. 9) Motor vehicles used fox transporting children in care shall be maintained in safe operating condition. 10) All, vehicle occupants Must be secured in a restraint system. 11) When transporting infants in any motor vehicle, the licensee shall secure the infants in a car seat, designed for infants, which is secured in accordance with the manufacturers instruct ;ins PPOl :05 :94110:50amA :\DAyCARfi,PC1 Proposed Process for Large Day Care Facilities A Zoning Clearance for such uses could be granted based on a finding of compliance with the fol? owing criteria and standards: 1) Submission of Site Plan - The applicant must submit a site plan for the proposed use including the location of surrounding homes and streets, 2) Compliance with Noise Ordinance for Residential Zones The operation of the home shall comply with the provisions of Ordinance No. 157 pertaining to excessive noise in residential zones. Conditions which may be imposed on a Zoning Clearance for "large Family Day Care Homes" would serve the purpose of reducing noise impacts and could include, but are not limited to: (a) solid fencing (such as walls or other sound attenuating devices), (b) restriction orl outside play hours, and (c) the location of play areas and placement of outdoor play equipment. 3) Parking Requirements - J_Jarge Day Care Homes shall not allow parking of visitors or clients on the street. The existing driveway must accommodate two (2) cars parked side -by -side and must: be kept clear of cars belonging to the occupants of the residence during business hours. 4) Traffic Circulation - Traf'f -c circulation shall be designed to minimize ?.raffic safety problems. If a project will create traffic C rculation problems which may endanger passers - -by, clients or others, the project must resolve the issue to t-he satisfaction of the approving authority, of be denied. 5) City Codes and Required Permits - Large Family Day Care Homes shall meet all City Codes and have been constructed or modified with all required permits and final clearances. City inspection for compliance with such codes shall concur or be required as a condition imposed upon the issuance of t:hr Zoninq Clearance. 6) Proximity to Other Family Day Care Homes - No Large Family Day Care Home may be operated within five hundred (500') of any other Large FamA_ly Day Care Home. Said distance shall be in a :.traighl.. line, without regard to intervening structures., from the closest point on the property lines of each i,arcel m which the Large Family Day Care Home is loc�it: ea PP01 :05:94 110:50amA : \DAYCARR.PCI 5 7) Transferability - A Zoning Clearance for a Large Family Day Care Home is transferable with the sale of the property or the business for the designed location. No such transfer should take place unless, and until the new owner submits to the Director of Community Development an affidavit stating that the new owner is fully aware of the conditions of the Zoning Clearance and agrees to abide by same. Any information in change of ownership information regarding the business or property on which it is operated shall be reported to the Director of Community Development not later than thirty (30) days after concluding the sale or transfer. 8) Expiration - The Zoning Clearance shall expire if the use has ceased operation fcr a period of six (6) months or more. 9) Revocation - The approv -Lng authority may revoke a Zoning Clearance for the operation of a Large Family Day Care Home if after an administrative hearing, and based upon substantial evidence, the Director Qf approving authority makes any of the following findings: a. Any condition of the Zoning Clearance for a Large Family Day Care Nome has been violated; or b. The use of the Large Family Day Care Home has become detrimental_ to the neighborhood traffic or public health or. c�)nst:itutes a public nuisance; or C. The Zoning Clearance for a Large Family Day Care Home was obtained =�y misrepresentation or fraud. 10) Conformance of Existi.rlq Large_Day Care Facilities with Zoning Regulations Staff recommends that. existing licensed large day care facilities conform with the regulations of the Zoning Ordinance within three years of the adopted Zoning Ordinance regulations, c�r at the time the licensee must renew the license with ,he licensing agency, whichever comes first,, Zoning Clearance Process The processing for issuance of a Zoning Clearance for such a use is specified in Section 1597.46 (3) of the Health and Safety Code. This requires a local jurisdiction to process any required permit economically and further defines the permitting process paraphrased as follows: PP01:05:94110:50amA :\DAyCARE .P(- -1 1) Not less than ten (10 t days prior to the date on which the decision will be .made on the application, the Community Development Director shall give notice of the proposed use by regular mail or delivery to all owner's shown on the last equalized assessment roll as owning real property within a 100 foot radius of exterior boundaries of the proposed home. 2) No public hearing on the application for a Zoning Clearance is required before a decision is made unless a hearing is requested i:y the : applicant or other affected person. Authoritv to A rove Permit Application The Health and Safety Code is specific as to when a public hearing is required prior to the issuance of a permit for Large Family Day Care Homes. Essentially, public hearings are only applicable in the event a hearing is requested by either: 1) the applicant or 2) an affected person. Under the circumstance where no public hearing is requested, it is appropriate for the approving authority to be the Director of Community Development. Where a hearing is requested, the Planning Commission would be the appropriate approving authority. City's Fee for Zoning Clearance At the Planning Commission hearing on January 3 1994, the Commission had concerns regarding the costs involved in obtaining a permit from the City and requested staff to research this matter. Pursuant to state law, local jurisdictions can not charge an applicant more than the costs c:f processing a permit. In the case, where there is no protest by either an effected party or the applicant, staff would charge the fee for issuance of a zoning clearance which will be $39.00 effective January 18, 1994. In the event a protest is received and the matter is reviewed by the Planning Commission, staff i.ntends to require a deposit from the applicant equivalent to that of an appeal which will be $518.00. The actually billing will be dependent on the number of staff hours involved for preparation of the staff report and presenting the matter to the Plarinirig Commission for review. Recommendations: 1) Open the public hearing, take publ -Lc testimony, and close the public hearing. PP01 :05:99 110:50amA :\OAYCARE.PC1 2) Determine the proposed revisions to the City's Zoning Ordinance is not a project under the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b) (3) in that there is no possibility that the activity in question will have a significant effect on the environment. 3) Direct staff to prepare a Resolution recommending to the City Council adoption of amendments to the City's Zoning Ordinance relating to proposed standards for the operation of Large Family Day Care Homes. PP01:05:99 110:50amA:\DAyCApb• pC1 ORDINANCE NO. 157 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, ADDING CHAPTER 9.28 TO TITLE 9 OF THE MOORPARK MUNICIPAL CODE, PERTAINING TO EXCESSIVE NOISE IN RESIDENTIAL ZONES WHEREAS, It is the City's policy to prohibit unnecessary, excessive, and annoying noise from all sources. With the current mandates, the City's Police Department is having difficulty Providing protection in certain aspects health of the public peace, , safety, and welfare. :'herefore, the following noise mandates are intended to protect the PlUblic health, safety, and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS; SECTION 1. THE MOORPARK MUNICIPAL CODE IS AMENDED BY ADDING CHAPTER 9.28 TO TITLE 9 TO READ AS FOLLOW:'3: CHAP1jgR 912 8 NOISE IN RESIDENTIAL ZONES SECTION 9.28.010. NOISE FROM RADIOS, TELEVISION SETS, MUSICAL INSTRUMENT AND SIMILAR DES "ISES It shall be unlawful for an person within any residential zone of the City to use or oper-atc any radio, musical- instrument, Phonograph, television receiver, o: other machine or devise for the production, reproduction or amplif cation of the human voice or any other sound in such a manner a!- to create a noise level that disturbs the reasonable peace, c1iai t, or d °omfort of any person who is more than fifty feet (50' ) ald"'; f.rorn the noise source. SECTION 9.28.020. NO.1,'E By PERSONS It shall be unlawful for an} perso; within an zone of the City to use the humai voice in such a m nnerdeas lto create a noise level that disturbs the reasonable peace, quiet, or comfort of any person who is morf haai Fu `-t:y feet (50' ) away from the noise source. 1 ATTACHMENT 5 SECTION 9.28.030. ENFORCEMENT COSTS, AND RESPONSE FEES DUE TO VIOLATIONS OF THIS CHAPTER When the City's Police Department responds to the scene of a Possible violation of Section 9.28.010 or 9.28.020, and the peace Officer at the scene has reasonable cause to believe that there is a violation of this Chapter them the peace officer shall notify the owner of the property and /or the person in charge of the property where the noise exists and /or the person responsible for the noise, that such person or persons, or, in the case of a minor, the parents and /or guardians of such minor, may be personally liable for the costs associated with a Special Security Assignment. A Special Security Assignment is a response by the City's Police Department to the scene of a violation of Sections 9.28.010 or 9.28.020 over and above ordinary law enforcement services. The first response to the scene of a violation of Section 9.28.010 or 9.28.020 within a twenty -four (24) hour period constitutes ordinary law enforcement services. A second or subsequent response within the twenty -four (24) hour period following the first response to the same location for the same purpose and involving the same perpetrator constitutes a Special Security Assignment, SECTION 9.28.040. COLLECTION OF VIOLATION FEES Upon conviction of a violation of Section 9.28.010 or 9.28.020, the convicted person shall be responsible to pay the Special Security Assignment fee. for the purpose of this Section a convicted person shall mean any -person pleadin contenders, or found guilty b� g guilty, or nolo g Y a court of law of a violation of Section 9.28.010 or 9.28.020. letter will be sent convicted person requiring to the paymer-it to the City of the Special Security Assignment fee. Said fee shall be due within thirty (30 days of the issuance of the letter. Should said person fail to pay the Special Security Assignment: f -I!e °within the 30 days, the City may take appropriate action to recover the fee. Should a court action be initiated to recover the fees, the convicted person will be responsible to pay the spec: ial Sq�curit administrative costs, and any lelib an staff costs sts singcurred.fee, d SECTION 2. If any provision; of this Ordinance is for any reason held to be invalid by court of Competent jurisdiction, such decision shall not affect the valicjity of the remaining portions of this Ordinance. The City Council. her declares that it would have passed and adopted this Ordinanc and each and all provisions thereof, irrespective of the fat.'t tY,,at ircy one or more of said provisions may be declared inva? SECTION 3. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter this ordinance in the book or original ordinances of the City of Moorpark, shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted, and shall, within (15) days after passage and adoption thereof, cause and same to be published once in the Moorpark Mirror News, a weekly newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for tr.at purpose. PASSED, APPROVED, AND ADOP`?'E 7 this "nd day of DECEMBER 1992. ATTEST: Mayor Pau W. Lawraso Jr. 3 rP^ Ca VV MOORPARK 799 Moorpark Avenu, A( California 93021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) I, Lillian E. Hare, City Cle:-F c,f thry City of Moorpark, California, do hereby certify v ;er- Pere lty of perjury that the foregoing Ordinance No. 5' N was adopted by the _ City Council of the Cit y of M " a meeting held on 2nd the — day of DECE1111' 1. 1992, and that the same was adopt(-(I by the K;r,q .0te: AYES: NOES: ABSENT: ABSTAIN: this 8t COUNCILMEMBERS HUN" MAYOR LAWRASON NONE NONE NONE WITNESS my hand and t h _ day of DECEMBER "-'C NTGoMERY , PEREZ , WOZNIAK AND seal of said City 992. Ha re PAU( W I AWRASON JR -- - - - -`— JOHN f WOINIAh SCOT I r..�� �., aJ., �� '-- Mayor Fit RNAHDO fd 1'[ RCI ROY f- TAI I ! Mayor Pro Trm T.•: COUnulmomber Counrdmr��nt� -�� Miscellaneous Planning - Related Laws ZONING OF FAMILY DAY CARE HOMES (Excerpts from Chapter 3.4 and 3.6, Division 2 of the Health and Safety Code) 1596.70. This chapter and Chapters 3.5 (commencing with Section 1596.90), and 3.6 Title (commencing with Section 1597.30) may be cited a., the California Child Day Care Facilities Act. (Added by Slats. 1984, Ch. 1615. Amended by Stats, 1985. Ch. 1064.) 1596.71. The provisions of this chapter apply to Chapters 3.5 (commencing with Section Applicability 1596.90) and 3.6 (commencing with Section 1597.30) (Added by Slats. 1984, Ch. 1615.) 1596.72. The Legislature finds all of the following: (a) That child day care facilities can contribute posiuvely to a child's emotional, Legislative intent cognitive, and educational development. (b) That it is the intent of this state to provide a cornprehensive, quality system for licensing child day care facilities to ensure a quality day care environment. (c) That this system of licensure requires a special understanding of the unique characteristics and needs of the children served by day care faciliucs. (d) That it is the intent of the Legislature to establish within the State Department of Social Services an organizational structure to separtte licensing of child day care facilities from those facility types administered under Chapter 3 (:ommencing with Section 1500). (e) That good quality child day care services are an essential service for working parents. (Added by Slats. 1984. Ch. 1615. Amended by Scats '98.5, Ch. I r 54. i 1596.73. The purposes of this act are to: (a) Streamline the administration of child care: lic using and 'iereby increase the Purpose efficiency and effectiveness of this system. (b) Encourage the development of licensing staff w qtr �-nc>w IcAge ..nd understanding of (` children and child care needs. (c) Provide providers of child care with technical al utan:e ab,, ;t licensing require- ments. (d) Enhance consumer awareness of licensing require ens and tt [ benef its of licensed child care. (e) Recognize that affordable, quality licensed child �. gyre s ,:ntic:_ to the well -being of parents and children in this state. (Added by Slats. 1984. Ch. 1615. Amended by Stars. 985, Ch. 1 64j 1596.74. Unless the context otherwise requires, the definitions contamed in this chapter govern the construction of this chapter and Chapters 4.5 Definitions (;commencing with Section 1596.90) and 3.6 (commencing with Section 1597.30) (Added by Slats. 1984, Ch. 1615.) 1596.75. "Child" means a person who is under 18 ye4us of age who is being provided care and supervision in a child day care facility, except "Child" when otherwise specified in this act. (Added by Slats. 1984, Ch. 1615.) 1596.750. "Child day care facility" means a facility which provides nonmedical care to children under 18 years of age in "Child day care facility" need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24 -hour basis. Child day care facility inci des day rare• centers and family day care homes. (Added by Slats. 1984, Ch. 1615.) 1596.76. "Day care center" means any child day care faci.rty other than a family day care home, and includes infant centers, "Day care center" preschools, and ea. a ied (!,ay ca • facilities. (Added by Stats.1984, Ch. 1615.) 1596.77. "Department" means the State Department of i. sal S _,r--!cc (Added by Slats. 1984, Ch. "Department" 1615.) 1596.770. "Director" means the Director of Social Seirti "Director" c, (Added by Stars. 1984, Ch. 1615 } ATTACHMENT - `'3 2.4 Miscellaneous Planning- Related s / "Family day care home" 1596.78. "Famil Y day care home" means a home which regularly provides care and supervision of 12 or fewer children, in the provider's own home, for ' Protection, n, 24 hours per day, while the Parents or P�odsofIesing: "Large family day care (')"Large Y P guardians are away, and includes the following: home" family day care home" which means a home which provides family day care to 7 to 12 children, inclusive. including children who reside at the home, as defined in "Small family egulations. home y day care (2) "Small family day care home" which means a home which provides family �I to six or fewer y day care including children who reside at the home, as defined in re attons. "Person" (Added by Stars 1,q4, ('h. 1615.) 1596.79.'Person "means an individual. Partnership, tat entity, such as tlx: state, a coon assoctatron,corporation,orgovernmen- college district, chartered ci chartered city' special district, school district, community (Added by Slats 1984, Ch. 161.5 A�� city and county. "Planning agency" 15%.790.'Planning agf*ncy" mean~ the mended design ted 985, Ch. 1064.) Government Code agency 8n pursuant to Section 65100 of the (Added by Slats. 14 �4, Ch. 161 " .) "Provider" 1596.791. ' `Provider" means a person who operates a child day care facility and is licensed Pursuant to Chapter 3 5 (commen,:iing with Section 1596.90) or 3.6 (commencing with Section 1597.30), (Added by Scats. 19,w, C15. 1615 ) Inapplicability (Added This chapter and Chapters 3.5 (commencing with Section 1596.90 (commencing with Sec tion 1597.30) do not apply to any of the following: ) and 3.6 (a) Any health f`aCih1jes, as defined by Section 1250. (b) Any clinic, is defined by Section 1202. (c) Any community ,:.are facility, as defined by Section 1502. (d) Any family day ;;am home providing care for the children of only one family in addition to the operator's own children. (c) Any COOpemu` e'igcmcrtt payment is involved between parents for the care of their children where no( ard the arrangement meets all of the following con (1) In a cooperative arrangement ditions: parents shall combine their efforts so or set of parents, rotates. ,ts the responsible care -giver with re that each Parent, cooperative. respect to all the children in the (2) Any Person cari rg for children shall be a parent, legal grandparent, aun uncle. or adult sibling of at least one of the children cstepparent, e. t, g (3) There can be- rlo Payment of money or receipt of in income in exchange for the Provision of cane. This does not prohibit in -kind blankets for napping, pillows and other materials ntributions of snacks, games, toys, chi ldren.lt is not the inte�at of this paragraph rents deem apprtipriam for their amount of which may nut exceed the actual cost ft the activity. f for outside activities. e (4) Care may only be provided in the home of a grandparent, aunt, uncle, or adult sibling of at least one of the children in�th�coo� (5) No more than 1'2 crrildren are receiving care in the cooperative. M Any arrangemcnt for the receiving and care of children by a relative same torte. GO Any public recrearon prograr,, „Public recreation Operated by the state, 6"Y', county, spec Program" means a program district, chartered crty, or chartered C!y and county which omeets either f the following criteria: (1) The ro P g P gram is ro% ided for children over the age of four years and nine is in operation for either r.f the following periods: months and (A) For under 13 hours per week- (B) For more than 12 h,,urs per week and is for 12 w e (2) The prog'r'am is PRM Jed to children under the age Of or less per Year in duration. sessions which run 12 ';hIours per week or less and are 12 weekYears ess in de anon. with (h;' Extended day (fe 1% ograms operated by public or private schools. motion. \ (Added by Stars. 1 ):4'a! h . 't IS A­ ended by Slats. 1985, Ch. 1064; Slats. 1987, Ch. 14 e,7 C CMiscellaneous Planning - Related Laws 1596.793. This chapter and Chapters 3.5 (commencing with Section 1596.90) and 3.6 (commencing with Section 1597.30) do Exemption of specific not apply to recreation programs conducted for children by the Girl Scouts, Boy Scouts, Boys Club, Girls Club, or Camp Fire, or similar recreation programs organizations as determined by regulations of the department. Child day care programs conducted by these organizations and the fees charged for that specific purpose are subject to the requirements of this chapter, Chapter 3.5 (commencing with Section 1596.90), and Chapter 3.6 (commencing with Section 1597.30). (Added by Slats. 1985, Ch. I110; Amended by Sta.,. 1986, Ch. 714.) 1596.795. Notwithstanding any other provision of law a city or county may enforce its ordinance regulating the smoking of tobacco in a private residence No smoking ordinance which is licensed as a child day care facility daring the hours of operation as child day care facility with respect to those areas of the facility where children are pre •>cr (Added by Slats. 1986, Ch. 407) (Excerpts from Chapter 3.6) Note: Chapter 3.6, Division 2 of the Health and Sal et) Code is repealed on July 1, 1989, under the provisions of Health Safety Repealer and Code Section 1597.65. (Section 159735 Repealed by Slats. 1984, Ch. 161 1597.40. (a) It is the inter of_the Legislature that family day care homes for children must be situated in normal residential surroundings Policy so as to gr ve children the home environment which is conducive to healthy and safe development. it is the public policy of this state to Provide children in a family day care home the sarne Ir lrne environment as provided in a traditional home setting. The Legislature declares this policy to be of statcw tde concern - with -the purpose of occupying the field to the exclusion of municipal zoning, building and fire codes and regulations governing the use of occupancy of family (Ly care homes for children, except as sR_ --' fically provided for in this chapter, and to prohutrit any restrictions relating to the use of single residences for family d< -Iy care. 11 ut rs f. >r children except as provided by this chapter. (b) Every provision in a written instrument entered ir; to relating to real property which purports to forbid orrestrict the conveyance, encumbrance, leasing, or mortgaging of such real property for use or occupancy as a family day care home forchildren, is void and every restriction or prohibition in any such written instrument as to the use or occupancy of the Property as a family day care home for children is void (c) Every restriction or prohibition entered into, whether by way of covenant, condition upon use or occupancy, or upon transfer of ti tle to real pre; heny, which restricts or prohibi is directly, or indirectly limits, the acquisition, use, orocA ul ncyofsuchpestri fora family day care home for children is void. (Renwnbered— formerly I597S01 —and Amenaea by ,Slats 1983, Ck. 1233.) 1597.45. All of the following shall apply to small family Lary care homes: (a) The use of single - family residence as a Applicable to small ;amity day care home shall be considered a residential use of property for the pw lx,sc> of all local ordinances. (b) No local jurisdiction shall impose family day care holmes any business li, °nse, ec. or tax for the privilege of operating a small family day care home. (c) Use of a single -family dwelling for purposes of a s nail family day care home shall not constitute a change of occupancy for purposes of part 1.5 (commencing with Section 17910) of Division 13 (State Housing Law) or for purpx: ses of local building codes. (d) A small family day care }tome shall not be sut>jec t to the provisions of Article 1 (commencing with Section 13104) or Article 2 (cornn;encrng witti Section 13140) of Chapter 1 of Part 2, except that a small family (Lay are luome shall contain a fire extinguisher or smoke detector dev,ce, or hoth, whr:tj ra �, ,t trtdarcl�� established by the State Fire Marshal. (Added by Slats. 1983, Ch. 1233 ) 2 SS MiseeganeousPlanning- Related vs Applicable to large 1597.46. All of the following shall family day care homes g aPP1Y large family day care homes: (a) A city, county, or city and county shall not prohibit large family day care homes on lots zoned for single -family dwellings, but shall do one of the following: (1) Classify these homes as a permitted use of residential property for zoning (2) Grant a nondiscretio g Purposes. nary Permit to use a lot zoned fora single - family dwelling to any large family day care home that complies with local ordinances prescribing reasonable standards, restrictions, and requirements concerning spacing and concentration, traffic control, Parking, and noise control relating to such homes, and complies with subdivision (d) and any regulations adopted by the State Fire Marshal pursuant to that subdivision. Any noise standards shall be consistent with local noise ordinances implementing the noise element of the general plan and shall take into consideration the noise level generated by children. The permit issued pursuant to this paragraph shall be administrator, if any, or if there is no zoning administrator b the by the zoning designated by the planning agency o y Pelson or Persons hearing Y grant such permits, upon the certification without a (3) Require any large famdy day care home to apply for a permit to use a lot zoned single - family dwellings. The zoning administrator, if an administrator, the person or persons designated by the planning agency there for ng to handle the Permits shall review and decide the applications. The use permit shall be granted if the large family day care home complies with local ordinances, if any. prescribing reasonable standards, restrictions, and requirements concerning spacing and concentration, traffic control. Parking, and noise control relating to such homes, and complies with subdivision (d) and any regulations adopted by the State Fire Marshal pursuant to that subdivision. Any noise standards shall be consistent with local noise ordinances implementing the noise element of the general plan and shall take into consideration the noise levels generated by children. The local gMemment shall process any required permit Possible, and fees charged for review shall not exceed the costs of the reiw and economically as Process. Not less than 10 days prior to the date on which the decision will be made onthee application, the zoning administrator or person deli give notice of the proposed use by mai I or delivery 0 to handle such use Perm Ls is shall assessment roll as own in real ro' �allownersshownonthelastequalized Of the Proposed K P PertYw!tltin a 100 foot radius of the exterior boundaries P posed large family day care home. No hearing on the application for a issued Pursuant to this Paragraph shall be held before a decision is made unless a h)�ng is requested by the applicant or other affected g Person may appeal the decision. The a Peron. The applicant or oilier affected (b) A large appellant n t shall pay the cost, if any of the appeal. day care home shall not be subject to the provision of Division 13 (commencing with Section 21000) Of the Public Resources (c) Useofa single-family dwelling for the Code. not constitute a change of occupancy for Purposes of a large family daycare home shall 17910 of Division 13 (State Housing Law), ores of Part 1,5 (commencing with Section purposes of I (d) Large family day care homes shall be considered as inglefamillyresidedn es codes. Purposes of the State Uniform Building Standards Code and local building residences for the except with respect to any, additional standards s g and fire codes. and life safety of the children in these homes adopted specifically designed to promote the fie to this subdivision, cite State Fire Y the State Fire Marshal pursuant specifically relating to the subject re fire life shall adopt separate building standards which shall be published ir sTitle24oftheCaliforniaAdministrative Code These standards Y day care homes shall apply uniformly throughout the state and shall include, but not be limited to: (I) the require'ment that alarge fan tily day care home contain afireextinguisher or smoked etectoG- device, or both. which Meets standards established by the State Fire specification as to the num)er of required exits from the home; and 3 Marshal, (2) the floor or floors on whicrl dray care rna be () specification as W shall be in accordance with, Sections 13145 an provided. 3146. Noi Enforcement-of , county, city Provisions to the sub shall adopt or enl ;rrrc any building ordinance or local rule or regulation relating y and county, to the subject of fire and III' safety in large family day care homes which is inconsistent with those standards a ioptcd by the State Fire Marshal, except to the extent the building \ ordin ance or local r111(,,, t ,�, .T) ,cs to single - family residences in which day care Miscellaneous Planning - Related Laws is not provided. (e) No later than April 1, 1984, the S tate Fire Marshal shall adopt the building standards required in subdivision (d) and any otherregulations necessary to im plement the provisions of this section. (Added by Slats. 1983, Ch. 1233.) 1597.47. The provisions of this chapter shall not be construed to preclude any city, county, or other local public entity from placing restricts [probably show.. read 'restrictions"] on building heights, setback, or lot dimensions of -a family daycare facility as long as such restrictions are identical to those applied to other single - family residences. The provisions of this chapter shall not be construed to preclude the application to a family day care facility forchildren of any local ordinance which deals with health and safety, building standards, environmental impact standards, or any other matter with �n the j urisdic tion of a local public entity. The provisions of this chapter also shall not be construed to prohibit or restrict the abatement of nuisances by a city, county, or city and county. However, such ordinance or nuisance abatement shall notdistinguish family day care f acilities from other single-family dwellings, except as otherwise provided in this chapter (Added by Slats. 1983, Ch. 1233.) C Applicability of single family residential restrictions 247 9 CALIFORNIA LL�IISLATURE STATE CAPITOL SACRAMENTO. CALIFORNIA 86a14 (910) 445.8073 DISTRICTOFFIDF SENATOR CATHIF. WRIGHT 2345EgRINaERkOAD NINETEENTH SENATOR SAt, INSTRICT SUITE 212 81MI VALLEY, CALIFORNIA 03065 July 6 , 1995 !80&}5 :2.22- 2620 Dear Moorpark City councilmembers: MlMEER 'OXICS AND PUI1L)C SAFETY MANAGEMENT COMMITTEE VICE-CHAIR PUaLIC EMPLOYMENT AND RETIREMENT COMMITTEE VICE-CHAPA BUDGET AND FISCAL REVIEW COMMITTEE JUDICIARY COMMITTEE EDUCATION OOMMITTEF HEALTH AND HUMAN SERVICES COMMITTEE JOINT RULES COMMITTEE BUDGET AND FtSCAI, PEVIEW SUBCOMMITTEE N2 ON J487ICE, CORRECTIONS. RFSOURES, AND AGRICULTUFlE EDUCATION SUBCOMMITTEE ON 6CM001. 3AFETY JUDIC'ARY SUBCOMMITTEE ON ADMINISTRATION OF JUSTtSE It has been brought to my attention that on July 6th the Moorpark City Council will be addressing proposed changes for residential day cars centers in the city limits of Moorpark. I am opposed to the further regulation of our day care centers above and beyond the rigorous restrictions that the State of California has placed on these businesses. As a State legislator I feel we must do all we can to ensure that each community has enough facilities to accommodate each family for their day care needs. The City of Moorpark's population is made up of many two income families that currently or in the future will need child care. I would like to ask the City to do everything within its power that would encourage residents to keep their children in the community were they are being raised. Thank you for allowing this letter to be read before the council as well as the community. If any members of the Council would like to iiscuss this issue further, please do not hesitate to contact me. Sincerely, CATHIE WRIGHT Senator 19t. District Poniad on PKKy ao c + ,oe'