HomeMy WebLinkAboutCode Amendment 86-30 - Ordinance 2889 - Large Family Day Car I Ic
e P D 0, �rlo( Court of orange County.
f,..214. dated 29 September, 1961. and
junf�463 _ 1963.
3 11-A-1 E OF CALIFORNIA
County Of Orange P.011c NohCe ACvW11WnQ COv(W*d
by this a"ICAVII 15 Sol 'n 7 point
with 10 PtCA COiumn wWth
I am a Citizen of the United States and a resident of
the County aforesaid-, I am over the age of eighteen
years, and not a party to or interested in the below
entitled matter. I am a principal clerk of the Orange
Coast DAILY PILOT, with which is combined the
NEWS-PRESS. a newspaper of general circulation,
.-Irinted and published in the City of Costa Mesa, PUBLIC NOTICE
centers.
County of Orange. State of California, and that a . ENVIRONMENTAL
STATUS: The proposed or-
PUBLIC HEARING dinance is exempt from the
Notice of provisions of the California
Environmental Quality Act.
ON FILE: A copy of the
proposed ordinance is on
file in the Department of De-
velopment Services.
of which copy attached hereto is a true and complete -ALL INTERESTED PER-
SONS are invited to attend
copy, was printed and published in the Costa Mesa, said hearing and express
or
Newport Beach, Huntington Beach, Fountain Valley, opinions for or againsubmit evidence
st the application
as outlined above.All appli-
the South Coast communities and Laguna cations, exhibits, and de-
scriptions of this proposal
Bk-acn issues of said newspaper for ONE TIME are on file with the Office of
the City Clerk, 2000 Main
Street, Huntington Beach,
wit the issue(s) Of California, for inspection by
the public..
HUNTINGTON BEACH
PUBLIC NOTICE CITY COUNCIL, By: Alicia
November 6 6 NOTICE OF M. Wentworth, City Clerk,
PUBLIC HEARING Phone:(714)536-5405
198— CODE AMENDMENT Published Orange Coast
No.ss-3o Daily Pilot November
(LARGE FAMILY 1986
198— DAY CARE CENTERS) I— Th221
NOTICE IS HEREBY:
GIVEN that the Huntington
Beach City Council will hold
198— a public hearing in the Coun-
cil Chamber at the Hunt-
ington Beach Civic Center,
2000 Main Street, Hunt-
ington Beach,California,on
198— the date and at the time in-I
clicated below to receive and I
consider the statements of'
all persons who wish to be:
198-- 1
heard relative to the appli-!
cation described below.
DATE: Monday, Novem-!
be,17 1986 TIME:7:30 P.M.
I declare, under penalty of perjury, that the SUBJECT: Code Amend-�
ment No.86-30
foregoing is true and correct. APPLICANT:City of Hunt.
ington Beach
LOCATION:.City-Wide
PROPOSAL:,1.To!i,:,hiend
Nav�ember IS 6 Article 963 (Uncla i'Ified
Executed on 198 — Section) of the Hunting16n
Beach Ordinance Code re-
At-r�,o to Mesa, Calif tnia. lated to the provisions for
large family day care
ignature
PRIOOF OF PUBLICATION
REQUES F FOR CITY COUNCIL ACTION
Date November 17 , 1986
Submitted to: Honorable Mayor and City Council
Submitted by: Charles W. Thompson, City Administra
Prepared by:
James W. Palin, Director, Development Services `'t. 0
Subject: CODE AMENDMENT NO. 86-30, CITY OF HUNTINGTON B H
DAY CARE USES ,,�; 0 gY7
Consistent with Council Policy? [ ] Yes New New Policy or Exception �'
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
STATEMENT OF ISSUE:
On August 4 , 1986, the City Council directed staff to review the
provisions for large family day care homes (those that involve from
seven to twelve children) and develop a revised ordinance that would
be in keeping with State law, but also incorporate more restrictive
provisions than are currently part of the code . State law permits
cities- to have reasonable standards for spacing and concentration,
traffic control , parking, and noise control . The draft ordinance
attached has nine provisions listed for large family day care homes
and twelve items for other commercial child care facilities . Many
of the requirements are simply clarifications of existing practices
or provisions now required by the State .
Staff proposes retaining day care uses as an Unclassified Use , all
of which require conditional use permits . The standards listed in
the Administration section for conditional use permits would also
apply for family day care homes, including all regular public
hearing requirements .
RECOMMENDATION:
Planning Commission action on October 21 , 1986 :
ON MOTION BY LIVENGOOD AND SECOND BY PIERCE, THE PLANNING COMMISSION
VOTED TO APPROVE CODE AMENDMENT NO. 86-30 AS AMENDED AND RECOMMEND
ADOPTION BY THE CITY COUNCIL, BY THE FOLLOWING VOTE :
AYES: Rowe, Winchell , Porter , Livengood, Pierce, Mirjahangir
NOES: None
ABSENT: Erskine
ABSTAIN: None
PIO 4/84
Staff recommends that the City Council approve Code Amendment No .
86-30 with the following additions to the ordinance provisions for
family day care homes (Section 9634) approved by the Planning
Commission:
1 . That provision (1 ) be amended to state that a six foot high
masonry wall is required to enclose the outdoor play area ,
rather than a five foot high fence or wall, whenever adjacent
to other residential uses. A masonry wall is necessary to
reduce noise impacts on the surrounding homes .
2. That a provision be added to state. that in addition to the two
required fully enclosed parking spaces , a minimum of two
on-site parking spaces shall be provided . This requirement
simply ensures that the driveway be clear for an aide 's car
and/or for dropping off and picking up children .
3. That provision (9) be amended to state not only that approvals
for family day homes shall be non-transferable, but also that
the dwelling shall be owner-occupied. The owner of the home is
the person best able to accommodate the requirements for day
care homes .
ANALYSIS:
The proposed code amendment is in response to Council direction
regarding tightening up the provisions for large family day care
homes and other child care facilities . The ordinance attached has
separate provisions for the two types of facilities . The areas
where requirements have been expanded from current code include 1 )
that garages not be used as designated play area; 2) that any day
care home be located a minimum of 600 feet from another day care
home; 3) that loading and unloading of children from vehicles only
be allowed on the driveway or directly in front of the facility; and
4) that the approval for family day care homes be non-transferable .
The additional requirements that staff endorses are discussed in the
Recommendation section above .
ENVIRONMENTAL STATUS:
The proposed project is categorically exempt from the provisions of
the California Environmental Quality Act .
FUNDING SOURCE:
Not applicable .
ALTERNATIVE ACTION:
Modify ordinance as desired .
RCA - 11/17/86 -2- ( 6579d )
ATTACHMENTS:
1 . A. Legislative Draft
B. Ordinance
2. Planning Commission staff report and minutes dated October 21 ,
1986
3 . Memo from Gail Hutton to City Council dated July 28, 1986
4 . Excerpt Health and Safety Code
5. Letter and petition from B. Leonard dated September 29, 1986
6. Letter from California Federation of Family Day Care
Associations dated September 29, 1986
JWP:JA: kla
THE PUBLIC HEARING WAS OPENED
Scott Fawcett, owner of the s opping center adjacent to the proposed
site, expressed his concerns egarding the northern appendage of the
project which at its present state is completely blocking an existing
restaurant in his center . He eels that an L-shaped plan would be more
compatible with his center and would appear as a continuous development.
Doming Hsu, Owner - Ruby Palac - stated his concerns regarding the
proposed project . The propose layout of the building would block the
exposure of his restaurant frofn Beach Boulevard . He feels that
something should be worked out1between the two property owners .
f
Maris Vanags , applicant , spoke� in support of his project . He stated
that his original proposal included an L-shaped building with the "L"
to the north, however his parking calculations didn ' t work out right .
He further stated that he is willing to work with the adjacent property
owner and staff on his design. `
There were no other persons present to speak for or against the
proposed project and the public hearing was closed.
The Commission agreed that an L-shaped building should be
reconsidered . They felt that a good circulation plan would be more
beneficial than the exact parking numbers .
A MOTION WAS MADE BY PORTER, SECOND BY WINCHELL, TO CONTINUE
CONDITIONAL EXCEPTION NO. 86-79 IN CONJUNCTION WITH CONDITIONAL USE
PERMIT NO. 86-45 TO THE NOVEMBER 5, 1986 PLANNING COMMISSION MEETING,
AND TO BE SCHEDULED AT ITEM C-1, BY THE FOLLOWING VOTE:
i
i
AYES: Rowe, Winchell , Porter , Livengood, Pierce, Mirjahangir
NOES: None ?
ABSENT: Erskine I
ABSTAIN: None
4
MOTION PASSED t
C-3 CODE AMENDMENT NO. 86-30
AFrL3CANT: CITY OF HUNTINGTON BEACH
This item was continued at the meeting of October 7, 1986, with
instructions to staff to separate the provisions for family day care
homes and other child care facilities in order to make the applicable
regulations clearer .
On August 4 , 1986, the City Council directed staff to review the
provisions for large family day care homes ( those that involve from
seven to twelve children ) and develop a revised ordinance that would be
in keeping with State law, but also incorporate more restrictive
provisions than are currently part of the code . State law permits
cities to have reasonable standards for spacing and concentration,
traffic control , parking, and noise control .
PC Minutes - 10/21/86 -8- (6522d )
ENVIRONMENTAL STATUS:
The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act .
THE PUBLIC HEARING WAS OPENED
Dolores Young, Day Care Provider , 5392 Edinger Avenue, spoke in
opposition to the code amendment . She stated that she is outraged that
the City is trying to impose restrictions on home day cares and
creating undue hardships on day care operators . Since only one-third
of the public needs regarding day care are being met she feels that too
many restrictions will put an end to day care in private homes . She
feels that rules governing commercial day care centers should be
completely separate from day care homes .
Henry Bohrman, 21112 Poston Lane , spoke in opposition to the
requirement of block wall fences . He feels that this is an undue
expense being imposed on private day care homes and feels that it
doesn ' t matter -whether a separating fence is block or wood.
Linda Carroll-Bradd , Orange County Day Care Association , spoke in
support of separating the restrictions of large day care centers from
family home day cares . She feels that requiring block walls to
separate properties is unfair and that the enrollment numbers should be
established by the State instead of the City. She also stated that the
hours of operation in a private home day care cannot be set hours as
they are in large commercial centers .
There were no other persons present to speak for or against the
proposed code amendment and the public hearing was closed.
Straw votes were taken on each numbered provision to either leave as
it , delete or amend . The provisions would be as follows :
Family day care homes for more than six children are subject to the
following provisions :
( 1 ) Seventy-five square feet of outdoor play area per child.
Thirty five square feet of indoor play area per child.
Outdoor play area shall be grassed and enclosed by a five foot
high fence or wall- . Any gate entry shall be securely fastened.
( 2 ) The total enrollment for the family day care home shall be
pursuant to state law.
( 3 ) The applicant shall submit a copy of the Orange County Social
Services License, including Fire Department clearance , prior
to the operation of the family day care home.
( 4 ) Such facility. shall not be located closer than 600 feet to
another large family day care center home .
( 5 ) Garages shall not be used in conjunction with the family day
care home activities and cannot be used in calculating minimum
square footage required.
PC Minutes - 10/21/86 -9- ( 6522d )
(6 ) Loading and unloading of children from vehicles shall only be
permitted on the driveway, approved parking area or directly
in ' front of the facility.
( 7 ) The family day care home shall comply with all applicable
requirements of Chapter 8 . 40, noise control of the Municipal
Code .
(8 ) The Planning Commission reserves the right to revoke the
approval of a family day care home if a violation of the
conditions of approval occurs . All revocation proceedings
shall be preceded by a public hearing.
(9 ) Approvals for family day care homes are non-transferable .
Child care facilities other than large family day care homes are
subject to the following provisions :
(1 ) Seventy-five square feet of outdoor play area per child.
Thirty five square feet of indoor play area per child.
Outdoor play area shall be grassed and enclosed by a six foot
high masonry wall . Any gate entry shall be securely fastened .
( 2 ) Minimum 10% of parking area shall be landscaped .
( 3 ) The total enrollment for the child care facility shall be
established by the Planning Commission.
( 4 ) Fire Department clearance shall be obtained prior to the
operation of the child care facility.
( 5 ) hours of operation shall be established by the Planning
Commission.
( 6 ) The applicant shall submit a copy of the Orange County Social
Services License prior to the operation of the child care
facility.
( 7 ) The applicant shall obtain a business license prior to the
operation of the child care facility.
( 8 ) Off-street parking for child care facilities shall comply with
Article 960.
( 9 ) Loading and unloading of children shall only be permitted from
approved parking areas .
' 10 ) Children attending the day care facility shall be restricted
to designated play areas only, unless supervised by an adult .
( 11 ) The child care facility shall comply with all applicable
requirements of Chapter 8 .40, noise control of the Municipal
Code .
PC Minutes - 10/21/86 -10- ( 6522d )
STAFF huntington beach development services department
REPORT
TO: Planning Commission
FROM: Development Services
DATE: October 21 , 1986
SUBJECT: CODE AMENDMENT NO. 86-30
APPLICANT: City of Huntington Beach
REQUEST: To amend Article 963, Unclassified Uses of the
Huntington Beach Ordinance Code related to the
provisions for day care centers .
1 .0 RECOMMENDATION:
Staff recommends that the Planning Commission approve Code Amendment
No. 86-30 and recommend adoption by the City Council .
2. 0 GENERAL INFORMATION:
This item was continued at the meeting of October 7, 1986, with
instructions to staff to separate the provisions for family day care
homes and other child care facilities in order to make the
applicable regulations clearer .
On August 4, 1986 , the City Council directed staff to review the
provisions for large family day care homes (those that involve from
seven to twelve children) and develop a revised ordinance that would
be in keeping with State law, but also incorporate more restrictive
provisions than are currently part of the code . State law permits
cities to have reasonable standards for spacing and concentration ,
traffic control , parking, and noise control . The draft ordinance
attached has thirteen new items added to the requirements for day
care centers . Many of the requirements are simply clarifications of
existing practices or provisions required by the State already.
As explained in a memo dated October 1 , 1986 from the City
Attorney 's office, they now feel that it will not be in conflict
with the State law to increase the area of notification of property
owners beyond 100 feet . Staff proposes retaining day care uses as
an Unclassified Use, all of which require conditional use permits .
The standards listed in the Administration section for conditional
use permits would also apply for family day care centers, including
all regular public hearing requirements .
—..._J
A-F M-23A
f
3 . 0 ENVIRONMENTAL STATUS:
The proposed project is categorically exempt from the provisions of
the California Environmental Quality Act .
4 . 0 ANALYSIS:
The proposed code amendment is in response to Council direction
regarding tightening up the provisions for large family day care
centers and other child care facilities . The draft ordinance
attached has separate provisions for the two types of facilities .
The new requirements have remained the same , except for being
separated for clarity . The areas where requirements have been
expanded from current code include 1 ) that a masonry wall
surrounding the play area be provided to control noise from the
facility; 2) that any facility be located a minimum of 1 ,000 feet
from another day care home; 3 ) that parking on-site in the driveway
be provided for parking and for dropping off and picking up of
children; 4 ) that the approval for family day care homes be
non-transferable; and 5 ) that the dwelling be owner occupied .
ATTACHMENTS:
1 . Draft Ordinance
2 . Memo from Gail Hutton to City Council dated July 28, 1986
3. Excerpt Health and Safety Code
4 . Letter and petition from B. Leonard dated September 29 , 1986
5 . Letter from California Federation of Family Day Care
Associations dated September 29 , 1986
%,�,,JWP :JA: k 1 a
Staff Report - 10/21/86 -2- ( 6472d )
CODE AMENDMENT NO. 86-30
DRAFT ORDINANCE
AMEND UNCLASSIFIED PROVISIONS REGARDING FAMILY DAY CARE HOMES
AND OTHER .CHILD CARE FACILITIES
S . 9630 PERMITTED USES. The following list includes uses
TFiaE___Possess characteristics of such unique and special form as to
make impractical their automatic inclusion as a permitted use in any
district . The location and operation of such uses shall be subject
to approval of a conditional use permit by the Planning Commission
and any additional provisions included herein . Uses marked with an
asterisk shall not be permitted in any residential district .
Family day care homes for more than six children subject to the
following provisions :
( 1 ) Seventy-five square feet of outdoor play area per child .
Thirty five square feet of indoor play area per child .
Outdoor play area shall be grassed and enclosed by a six foot
high masonry wall . Any gate entry shall be securely fastened .
( 2 ) The total enrollment for the family day care home shall be
established by the Planning Commission and shall include the
applicant ' s own children under the age of 12 years .
( 3 ) Fire Department clearance shall be obtained prior to the
operation of the day care home .
( 4 ) Hours of operation shall be established by the Planning
Commission .
( 5 ) The applicant shall submit a copy of the Orange County Social
Services License prior to the operation of the family day care
home.
(6 ) Such facility shall not be located closer than 1 ,000 feet to
another large family day care center home .
( 7 ) The applicant shall obtain a business license prior to the
operation of the family day care home .
( 8 ) In addition to the two required fully enclosed parking spaces ,
a minimum of two on-site parking spaces shall be provided for
family day care homes .
( 9 ) Garages shall not be used in conjunction with the family day
care home, with the exception of parking vehicles .
(10 ) Loading and unloading of children from vehicles shall only be
permitted on the driveway, approved parking area or directly
in front of the facility.
(11 ) Children attending the family day care home shall be
restricted to the first floor and designated play areas only,
unless supervised by an adult .
(12 ) The family day care home shall comply with all applicable
requirements of Chapter 8 . 40 , noise control of the Municipal
Code.
( 13 ) The Planning Commission reserves the right to revoke the
approval of a family day care home if a violation of the
conditions of approval occurs . All revocation proceedings
shall be preceded by a public hearing .
(14 ) Approvals for family day care homes are non-transferable and
the dwelling shall be owner occupied .
Child care facilities other than family day care homes are subject
to the following provisions :
(1 ) Seventy-five square feet of outdoor. play area per child .
Thirty five square feet of indoor play area per child .
Outdoor play area shall be grassed and enclosed by a six foot
high masonry wall . Any gate entry shall be securely fastened.
( 2 ) Minimum 10% of parking area shall be landscaped .
( 3 ) The total enrollment for the child care facility shall be
established by the Planning Commission .
( 4 ) Fire Department clearance shall be obtained prior to the
operation of the child care facility.
( 5 ) Hours of operation shall be established by the Planning
Commission .
( 6 ) The applicant shall submit a copy of the Orange County Social
Services License prior to the operation of the child care
facility .
( 7 ) The applicant shall obtain a business license prior to the
operation of the child care facility.
( 8 ) Off-street parking for child care facilities shall comply with
Article 960.
( 9 ) Loading and unloading of children shall only be permitted from
approved parking areas .
(10 ) Children attending the day care facility shall be restricted
to designated play areas only, unless supervised by an adult .
( 0541D)
(11 ) The child care facility shall comply with all applicable
requirements of Chapter 8 . 40, noise control of the Municipal
Code .
(12 ) The Planning Commission reserves the right to revoke the
approval of a child care facility if a violation of the
conditions of approval occurs . All revocation proceedings
shall be preceded by a public hearing .
( 0541D)
0
1JIF&I ClVv OF HUNTING ON 131, H
IL INTER-DEPARTMENT COMMUNICATION
WJNn%CT0N KACH
To HONORABLE MAYOR and Members From GAIL HUTTON
of the CITY COUNCIL City Attorney
Subject HOME CARE FACILITIES Date July 28 , 1986
INTRODUCTION
Certain provisions of the Huntington Beach Ordinance Code (HBOC)
concerning home care facilities are inconsistent with, and preempted
by, state law. The city should promptly amend the HBOc to conform
with state law . Otherwise, the city might be sued on a variety of
actions , including federal 28 U .S .C . 1983 civil rights
discrimination suits ( e.g. against the disabled ) . Plaintiffs
attorney' s fees are routinely awarded in these cases ( 42 U. S.C.
S19u8 ) .
Inasmuch as a public interest attorney representing the
'developmentally disabled° of Orange County has written the City
Administrator on the matter and various attorneys representing home
care applicants have written the Development Services Department,
suit may be in the offing. Hence , the code should be amended as
soon as possible .
S!SALL GROUP DAY CARE HOMES
I.^. 1984 , an omnibus set of statutes covering day .care was passed
into law in California . The California Child Day Care Act ,
California Health & Safety Code S1596 .70 et seq. , was designed as a
comprehensive regulatory scheme to streamline the administration of
child care licensing in California as the issue is one of statewide
rather than local concern. See Health & Safety Code S1596 .72
LEGISLATIVE FINDINGS AND ;LATENT
Under the act , ' the use of a single-family residence as a small
(defined in Health & Safety Code S1596. 78 ( 2 ) as serving six or fewer
children ) fancily day care home shall be considered a residential use
of property for the purpose of all local ordinances . ' California
Health & Safety Code S 1597 . 45. Attached as Exhibit A. A charter
city may not impose a business license, fee , or tax for the
privilege of operating a small group home . No charter cite may
require any form of conditional use permits or other local zoning
restrictions to limit or prohibit small group care homes which are
not required of a single family residence in the same zone .
Huntington Beach' s zoning ordinances violate Health & Safety Cod
S1597 .45 by requiring, and setting forth criteria for , the gr ing
of a CUP for family day care homes serving six or fewer per ns.
Huntington Beach Ordinance Code S. 9331(d) (1) . Since single-family
residences are not subject to the same ordinance, the ordinance is
in conflict with state law, which preempts conflicting local laws.
Hence, Huntington Beach Ordinance Code 59331(d) (1) should be deleted
from the code. It is attached as Exhibit 'B' .
To clarify the state's preemption of local zoning provisions aimed
at small family day care homes, a suggested ordinance, S. 9730. 85,
is attached as Exhibit 'C' .
SMALL RESIDENTIAL CARE HOMES
A charter city is similarly precluded from requiring a conditional
use permit (CUP ) for a small ( six or fewer persons) residential care
facility home. California Health & Safety Code 51566 . 3 , attached as
Exhibit 'C' . The statute is . part of the Community Care Facilities
Act, California Health & Safety Code, 51501 et seq. 51566 declares
' . . . it is the policy of this state that each county and city shall
permit and encourage the development of sufficient numbers and types
of residential care facilities as are commensurate with local need.
The provisions of this article shall apply equally to any chartered
city, general law city, county
The Community Care Facilities Act survived constitutional challenges
in McCaffrey v. Preston, 154 Cal . App. 3d 422, 201 Cal . Rptr . 252
( 1984 ) , where neighbors brought on action to enjoin operations of a
residential care facility serving six or fewer persons in a single
family residential neighborhood. The act was held to. be - a
0comprehensive state regulatory scheme. The state plan is both
procedural and substantive . . . the local regulations section of
the Act relates to providing residential care facilities, including_
residential care for elderly persons and, as such, relates to a
social problem of statewide rather than local concern. ' ( McCaffrey,
supra, at 258. )
According to the mandate of Health & Safety Code 51566 . 3 , attached
as Exhibit 'D' , the use of a single family residence as a
residential facility which serves six or fewer persons shall be
considered a single family residential use of the property under
local zoning ordinance. No local jurisdiction may require any form
of conditional use permits or other local restrictions to limit or
prohibit small residential care homes which are not required of a
single family residence in the same zone.
Huntington. Beach 's zoning ordinances violate 51566 . 3 since the
Huntington Beach Ordinance Code distinguishes residential care
facilities serving six or fewer persons from residences of related '
persons in the same zone ( e.g. R-1) .
Hence, Huntington Beach Ordinance Code 59730 .48 Non-related persons
twenty-four-hour-care and 59730 .50 Application Criteria for, attache
as Exhibit E , shou d be deleted from the code.
2.
To clarify the state's preemption of local zoning ordinances aimed
at small residential care homes, a suggested Ordinance, 59730.86, is
attached as Exhibit 'F'
LARGE DAY CARE HOMES
California Health & Safety Code 51596.78(1) defines a 'large family
day care home' as a home which provides family day care to 7 to 12
children, inclusive, including children who reside at the home.
Under the Health & Safety Code 51597 .461 a charter city is given
three (3 ) options on large family day care centers . The option
allowing maximum local zoning control is (3 ) , to require that any
large family day care home must apply for a conditional use permit.
However, the usual conditional use permit process of Huntington
Beach Ordinance Code S. 9331 (d) ( 1) concerning day care centers and
nurseries is impermissible . Notice of the proposed conditional use
permit may be sent to only those property owners within a 100 foot
radius of the exterior boundaries of the proposed large fame y day
care home. This 100 foot rule is an exception to the general 300
foot rule and is the maximum distance permitted. The city has no
discretion to lengthen the notice to property owners within 300
feet . Also, no public hearing on the proposed use shall be held
before a decision is made unless the applicant or an affected
neighbor within the 100 foot radius requests such . Both the
applicant and an affected neighbor may appeal the decision. Hence ,
the city cannot schedule a hearing on the application unless an
affected person requests such.
The city cannot assert the rights of those living within the 100
foot radius of the proposed large day care home and request a
hearing. The thrust of the Family Day Care Home „statute is to
preclude such local interference . Health & Safety Code S1597 .40 ( a )
declares:
The Legislature declares this policy to be of statewide concern
with the purpose of occupying the field to the exclusion of
municipal zoning, building and fire codes and regulations
governing the use or occupancy of family day care homes for
children, except as specifically provided for in this chapter ,
and to prohibit any restrictions relating to the use of
single-family residences for family day care homes for children
except as provided by this chapter.
Hence , S . 9331(d) ( 1 ) should be deleted from the code . The
conditional use permit must be granted if the proposed large family
day care home meets all local ordinances which must be reasonable.
The issuance of such conditional use permits should not be in the
rubric of the Planning Board, but rather the Director of Development
Services, who would make a non-discretionary factual determination.
A new special ordinance for conditional use permits for large family
day care homes , based on Health & Safety Code 51597 .46 ( 3 ) , see
Exhibit G, is needed.
i
i
3 .
:159 f�.30 _._ _ _ HZALRR AND SAFETY CODE
TH fW!ID SAn TX.CODE
be costd(xtivn, unsunhae� stehpla for�.ad tool Definitionsum applicable so t>4:e�a..x f ►s%x•
>xiow ! _ sivi _ o!_ that ehpcc.. see ido local jurisdiction shall impose es
olCsaah,does ad place my A edeas an me poreders sad" j 1396.792 small family day cai
Parents. bolds the peovku" account" a lases d am- MWn title of this cbapta,see i 13%.R
pimum sad advocates that thr'ldn�espeoaQy the younger :. = Zd Use of a aiag4o-family dwel&ag 7
in oar community.ate a priority- 1•A,resy itetereanni a change Of owaPancr for
Asyluos a•3. - -. r �i-1, g8 (State Housing Law)or for
-,
Appb atiaa or�pu i 1.4 to this etsaptc.Wei 1396 7Y';-' GS Mtnms and lmtttutiood Care Facilities H S io 3. - (d A small famlly�day care home sha
*ith Section 13100)or Article 2(commet
¢ 1597.35,`Repealed by Stats.1984.a 1615,p.—. 4 11 = - s small as standards
day care home edD U
"phich meeetts tandards established by tl
Sasioo 1597.35.added by Sata.l913.c 1233.p-—,; Z. {Added by Stets 1983, C. 1233,p 437b, {
} was a definitional section_ Sec. now. 1 1596.75 et seq." _ .c.o•, - r-_ t' :- - -
• I - , Daivsam Forma 1 1"7.63, added by Su
i. - �._.!_.: - - •- .' - --;-- •. - _..I=p.M, 1 69.amended by Stau_19t2,c. 120
4 1597.40. Public policy to provide home environment, residential surroundings; prohibition of 67.
restrictions governing acquisition. ewe,occupancy,etc., oI real property
(a) It is the intent of the Legislature that family day care homes for cluldren must be situated in -� 1597.46. Large family day care hor
I normal residential surroundings so as to give children the home environment which is conducive to Allg shall apply 1s
of the followin
healthy and safe development_ It is the public policy of this state to provide children in a family day
care home the same home environment as provided in a traditional home setting. . _ (a) A•city, county,or city and county
The Legslatttre declares this policy to be of statewide concern with the purpose of occupving the for single-family dwellings, but shall do
field to the exclusion of municipal zoning build' and fire codes and regulations vernin the use (1) Classify these homes as a permiv
or occupancy of family day care homes or chil n. except as specifically provided for in this x, resit
chapter and to prohibit any restrictions relating to the nee of Tingle- amity residences or a p-aay family
Grant a n home
at coAl Permit
- . family day care home that complies wig
i Comex for children except as provided by this bons, aM requirements concerning ap
t • • _
_ control relating to such homes, and cos
Lb,) Every provision in a written instrument entered into relating to real property which S� M�hsl pursuant to that sn'
purports to forbid or restrict the conveyance, encumbrance, leasing, or mortgaging of such tea] no ordinances implementing the noise
property for use or occupancy as a family day care home for children,is void and every restriction or the noise level generated by clt any '1
prohibition in any such written instrument as to the use or occupancy of the property as a family day
the zoning admmistnitor, if any,, or
occ
care home for children is void designated by the planning agency to I
,
(c) Every restriction or prohibition entered into' ° whether by way of covenant (3) Require any large family day condition upon single-family dwellings. The zoning as
use or occupancy, or upon transfer of title to real property, which restricts or prohibits directly, or person or persona designated be the )
indirectly limits, the acquisition, use,-or occupancy of such property for a family day care home for decide the application. The use perati
children is void
with local ordinances, if any, press
• •
concerning spacing and concentration.
. -.
(Formerly 4 159 7.501,added by Stats_1981,c. 1162, p. 4647, ¢ S. Renumbered 159'.40 and amended purse and t that
su with snbdi ny n
by Stats.1983, e. 1233, p. —, { 3.) pursuant to that subdivision. Any no
- - _. _ implementing the noise element of the
less Ass»tsasd. In wbd (a)a the first`paragraph in parpoaa of zonmg and shall be a penzaned one is aD zones generated by children. The local gove
the sewed sentence inserted 'family". and rewrote the is which residential inn an permitted• including• bat am posaible, and fees charged for review
second paragraph whwb prior tbar led: limited to.zones for smov-family dweMnas. No eondince. Not less than 10 days prior to the da
—1—he LepslaDwc decLts this pahey to be of statewide al me permit or special ettep—may be tegturod for sorb zoning administrator or person desig
cancers with the purpose to*=spy the rmld to the esdw residences" fedesignated inane twbdL (c) and (d) as proposed use by mail or delivery to el
lion of n regulmtaoss regnlatmg the ®e or subds•(b)and(e)roWecavdy and del ad from both wbdi- real property within a 100 foot radius
of family day care homes bar children as other vio«s 'm err afla the efiecavc date of this aecaoo" are home. No hearing on the applies
than emidestmi use or occspawy and to prohibit any foBowmg `enured mw'; and deleted the foster eau pars- held before a decision is made nniea
restrubass tehtag as the uac of property far family day-..-.V%*which prior thereto read:
arc has for children under thh chapter.'; deleted lac-"-"this aectian sha11 remain m dfect oily unt1TIan'uary 1, � person Tit! f the
or otlteraffeete
farmer subd.(b)which toad 1997,and as of that daft is repealed,ealeu a Ina enacud }.a >; if any of the appeal
-(b) Pan**V ease toms bar chadrm under this chap- statute, which Is dhsptered before January-1, 19g7, eetees -K (b) A large family day car!"home si
w sha9 be comidemd a nadentid we d property fit- _ or extends woes date.". "_ . ..• � _with Section 21000) of the Public Res
(c) Use of a single-family dwelling
1tGl7.4b. Small family day core homes constitute a change of occupancy fo
Ail of the following shall apply to small family day care homes:
Division 13 (State Housing Law), our !
many additional
(a) The use of single-family residence as's small family day care. home ahall be considered a" (d) e� �� try tore .
Stands
residential use of property for the purposes of all local ordinaneea. of the StaraUniformstandards
g
,
o Undarikts Intihotaa dt>Ytpm or adtfatlona by aethattt(rthsett Rstasrhics . .t J parr by
i . 118
as cOs"ootta-4
ly Ime PP.
5 - .
1 -
;ram.
,HF.AI,TH A.. BAFETY_CODE HEALTH-AMID SAFF"I']C CODIC 1597.0
rmmm sppl;able to dw ca+peer.see§ 1s96.74.✓ (b) No local jurisdiction shall impose any business&ease,fee.or tia-for the pririkge of operating
esnptsoost atom, appaxatioa. pf the ce.Re._:ate small family day case home_
Xt tick of chi.chapter.we f 1596.7a _- (� L3ee Of s single famly dwelling for purposes of a small family day care home shall not
constitute a.change of occupancy for purposes of Part IS (commencing with Section 27910) of
°n Raiereecea Division 13 (State Housing Law)or for purposes of local building codes.
whims a3. . .. _.. ._ _ r_ __ _
0
13.Asytutna and lneatutiooal gate Focitine;}; 3 to k (d) A small family day sue home shall not be subject W the provisions of Article ) (commencing
with Section 13100)or Article 2(commencing with Section 13140)of Chapter 1 of Part 2,except that
a small family day camhome shall contain a fire extinguisher or smoke detector device, both,
ii which meets standards established by the State FSre•Marshal ... ..
y (Added by Stata.1983, a I=, p. 4375, 14) - ., s
- Detivatioa Former 1591.63, added by Sus 19a I. a Utrary Refereaena -
102.PR 725. 1 68, amended by Stan 19s2,a 1201,p. 4375, Asylums a3.
ei residential surroundings: prohibition of 1 67. CJS Asylums and Lssartutioea!Care Fadlities J! 5 to>G
occupancy. etc.. of real property
cafe homes for children must be situated in § 1597.46. Large family day care homes "
tine home environment which is conducive to
his state to provide children in a family day All of the following shall apply to large family day care homes:
a traditional home setting. Ira) A city, county, or city and county shall not prohibit large family day care homes on lots zoned
ie concern with the purpose of Deco yin the for single-family dwellings, but shall do one of the following:
fire codes and regulation gverr�uca a use (1) Classify these homes as a permitted use of residential property for zoning purposes. --
except as specifically rovided for in this (2) Grant a nondiacretionary permit to use a lot zoned for a single-family dwelling to any large
-use o single famh y real ences for family day fly day � home that complies with local ordinances presrnbing reasonable standards, restric
?ter• tiona, 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
3 into :elating to real property which State Fire Marshal pursuant to that subdivision. Any noise standards sh"be consistent with local
�rinto leasing, or mortgaging of such real noise ordinances implementing the noise element of the general plan and shall take into consideration
:z for children, , void and every of s restriction of the now level generated by children. The permit issued pursuant to this paragraph shall be granted
by the zoning administrator, if any, or if there is no zoning administrator
or occupancy of he property as a famiadministrator by the person or persons
designated by the planning agency to grant such permits, upon the certification without_a hearing.
whether by way of covenant condition upon (3) �� any large family day care home to apply for a permit to use a lot zoned for
xrry, which restricts or prohibits directly, or single-family dwellings. The zoning administrator, if any, or if there is no zoning administrator, the
s ich property for a family day care home for person or persons designated by the planning agency to handle the use permits shall review and
P Pe decide the applications. The use permit shall be granted if the large family day can home complies
with local ordinances, if any, prescribing reasonable standards, restrictions, and requirements
concerning spacing and concentratim traffic control, parking, and noise control relating to such
�04 § 3. Renumbered 159i.40 and amended 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
poses of zoning and shall be a permitted use m all zones generated by children. The local government shall process any required permit as economically as
which residential uses art permitted. including, bat not possible, and fees charged for review shall not exceed the costs of the review and permit process.
m zoos for>o,gk comity dwei]irtgs No cdtdttioa Vol less than 10 days prior to the date on which the.decision will be made on the application, the
-se permit or spew)eaceptim may be required for such zoning administrator or person designated to handle such use permits shall give notice of the
mkncm"; redesignated former mbds. (c) and (d) as proposed use by mail or delivery to all owners shown on the last equalized assessment mil as owning
�(b)and(c)—pectively and deleud from both subdi- real property within a 100 foot radius of the exterior boundaries of the proposed large family day
sous "on a after the esectiw dau of this sea=- care home. No hearing on the application for a permit issued pursuant to this paragraph shall be
';oaring"enured into"; and deleted the forme:test pert.- held before a decision is made unless a bearing is requested by the applicant or other'affected
GDh which prior tbereto rend: _ person. The applicant or other affected parson may appeal the decision- The appellant shall`pay the
- his section•ha11 remain in effect only until January 1, cost if any of the appeal
t7,and w of that dots =repealed. unksa a later enacted o ,
cum wh=b is chaptered before January 1. 1997, deietes (b) A large fanuly day care home shall not be subject to the provision of Division 13(cov{mme>xin8
_stems such dart" - with Section Z1000) of the Public Resources Code.
_
(c) Use of a single-family dwelling for the purposes of a large family day care home shalt Dot
constitute a change of occupancy for purposes of Part 1.5 (commencing with Section 17910) of
Division 13 (State Housing Law), or for purposes of local building and fire codes. ..a:2,r.+�
care homes:
faruly day care home shall be considered a ,� (� �m family day care homes shall be considered as single-family reside at� for t2ne purposes
of the State Uniform Bui7dmg Standards Code and local building and fire codes,except with i"Tect
=1 ordinances: to any additional standards specifically designed to promote the fire and life safety of tbe,eh�*n m
us:>lcates ettan9es or sddttioste by arttesidtt»nt Laetitics . .$ kwacat• dokotiom by amendtnottt
36 c41t.t:oae-.6. 119
1906 PP.
' - .. -•a:..t+r—:�
iR
J597.46 REALTH AND SAVETY Tin .
T -AND SAI�.GODT
t:wse i adopted by the State Fire Marshal pursuant to this subdivision. The State Fore shall adopt separate building standards specifically.relating to the subject of fire sand life sx fit d—W-1 ;°"n`d `and 6�°�rdos care bnmes which shall be bushed is Title 2d of the California Admini �: ad aued�(el a�large Saaii� Pu s.&...L Ddeted aubds (a), ft (ft
Code.;.These staiidar•ds'aha I apply uniformlc throughout the state and shall include, but not be ®Rica pertained to aoatracta[ritb p[�Iic ageaoa.d
limited to: (1) the requirement that a large family day care home contain a fire extinguisher or tag or denial of bcrnaa limitations on renew of fa
smoke detector device, or both, which meets standards established by the State fire Marshal; (2) CM hamm,sad Providw Penalties for oorcoa,pto
specification as to the number of required exits from the home; and(3)specification as to the floor or ---
floors on which day care may be provided. Enforcement of these provision shall be in accordance f
with Sections 13145 and 13146. Pi n titp;county, cite and counts, or district shall adopt or enforce 189753_. Licensure; law governing
any building ordinance or local rule or regulation relating to the subject of fire and life safety in 't No-family day care home for children a
large family day care homes which is inconsistent with those standards adopted by the State Fire 1M},but shall be subject to&censure ew
Marshal.except to the extent the.building ordinance or local rule or regulation applies to single-farm- 8.4 (commencing with Section 1596.70) w!
h• residences in which day care is not provided. (Added by Stats.1981, c. 102, p. 719, f 6:
(e) No later than April.1, 19K the State Fire Marshal shall adopt the building standards required 1616, p. —, f 14.)
in subdivision W and any other regulations necessary to implement the provisions of this section.
(Added b Stats.1993, a 1233, 5.) _ 1934 Ameadseeat. Substituted-this chapter and
Y P § 14(commrnnag with Section 1596.70)which shut'
family day care banes" for"the pionsi<xu of thm
1�,rary Rdeeacs _ _ �
Asylums Q-3.
CJS.Asylums and Institutional Care Facilities§§ 5 to I. f 1597.531. Liability insurance; affrda
_ (a) All family day care homes for chtldz
f 1597.47. Local public entities;; restrictions on building heights, setback, or lot dimensions; iDjary to clients and guests in the arooti
_. application of local ordinances; abatement of nuisances occurrence and three hundred thousand d
The provisions of this chapter shall not be construed to preclude any city, county, or other local account of the negligence of the Been-"
public entity from restricts on building heights, setback:, or lot dimensions of a family day three hundred thousand dollars i3300,000
care facility as long -"such restrictions are identical to those applied to other single-family �y home may maintain a file of a:
residences. The provisions of this chapter shall not be construed to preclude the application to it home which nee i< LM requirements of th
been informed that the family day care he
family day cane.facMV for children of any local ordinance which deals writh health and safety, standards established by the state. Thes
building standards, environmental impact standards, or any other matter within the jurisdiction of a and shall be reviewed at each licensing i
local public entity. The pro,isions of this chapter also shall not be construed to prohibit or restrict s.=
the abatement of nuisances by a city, county, or city and county. However• such ordinance or -(b) The department shall initiate proce
nuisance abatement shall not distinguish family day care facilities from other single-famih•dwellings, that is out of compliance with this sectie
except as otherwise provided in this chapter. (Added by Stats_1984,c_ 1031,p. f
t.4dded by 5tats.19S3, c- 1233, p.—. § 6.) OcL 1, 1985; Stats.1985,a law, P.—
§ 1597-rA. Renumbered § 159730 and amended by Stats-1933, e_ 1Z33, p. § l f 15g7.fr4 Application for initial linen
f 2597 5Q1. Renumbered § 1597.40 and amended by Stats.1983, c_ 1233, p. —, § 3 All family day care homes for cildre
that any home which on June 28, 1981, h
f i5'1'i.51. Renumbered § 1596$71 and amended by Stat&1984,c_ 1615.p. § 12 lane home for children under other prov
—_- •_ _.. . _ _ chapterfor the
f 15+l.M. limitation of licensing reviews to health and safety considerations; experience �P� �-. of file li
- requirement for provider of large family day tare home requirements o.f unexpired this chapter.
An applicant for initial licensur•e as
(a) Iacenaing reviews of • • a family day care home for children shall be limited to health and department, pursuant to its regulations,
safety considerations and shall not include any reviews of the content of any educational or training shall include, but not be limited to, all o
of The fan
programs of
shall licensed or registered as a large family day care home after January 1, 1954, a��A brief statement confirming that
care home for children. 'The depw-=er
unless the provider has at least one Year's experience as a regulated small family day camborne
operator or as an administrator of a licensed ' day care center. The director may waive this tree
requirement upon a funding that the applicant has sufficient qualifying experience_ r "N Evidence that the small family da,
(Added by Stats.1981, e- 102, p. 719, 1 63, urgency, eff. June 28. 1981. Amended by Stats.1981: both which meets standardses
1162,P. 4651, f 8; Stats.1983, c. 1233,P• § E. Stats.1984, c. 1615, P. —. f I3; Stats.1985, C. Bactim 1597.45 or evidence that the la*g
1064, 30.} - �-State Fire Marshal under subdivisioi
P f -44.The fingerprints of any a nlimut
1901 Ammdamt. 1s valid. (b). added the aecemd and following"Review of"substituted"fami))'day care homes Bed under subdivision (b) o e—
thud —tencs n wbtt (c), after -L.amutag leviers" for'day can facibum-. st
dewed a comma,wW after'care and aermes of a'sube>r a �.bbdPace Of a current Luberculotiia
tnmd -family day care home' far 'day care frcday-and 1923 A> L f,-subd. (a) divided the sabdrnoos
aubsvcatnd -progrnns^Pow"program"; and- ® subd- (d), iota the foal and second amtwm by mbmtvtmz 'How are are tinder care.
r Und*rWm VxMcstes changes or by amer4mWd °_• ° b dsitst4arss by se
120
S
r
y
CALIFORNIA FEDERATION OF FAMILY DAY CARE ASSOCIATIONS INC.
(A NON-PROFIT ORGANIZATION)
fV
1140 EMERALD ST SAPI D �}CsO .Cv+CL:IF_OR1Y-.l 92109 ( 619 ) Z76 - 5556
September 25 1986
Planning Commission = .
City of Huntington Beach
2000 Main St.
Huntington Beach, CA 92648 Re: Code amendment # 86-30
To Whom it may Concern,
This letter is in reference to the Draft Ordinance to amend unclassified
provisions re garding day care Centers. It is my understanding this is to
include Licensed Family Day Care Homes licensed by the State of California for
over 6 children. Family Day Care Homes are not centers. We do not come under
the regulations of centers, by the state of California..
T shall address the proposed amendment by paragraph in the hope to releive
further complications and problems that may arise.
1. Most existing centers in California do not require the proposed square
food spac.c for outdoor or indoor. Family Day Care homes, for the most part
actually have more square footage per child than existing centers. The right
of a family day care provider to be licensed for 12 children with no undue
pressure by the city is established in Senate Bill (Watson) 163 and incorpo-
rated in the state code H&S 1597.30-1597.63. A large family day care home for
12 or more children is distinguished in the law from day facilities, nursery,
or pre-school by H&S 1597.35 (c)(1) . The intent to incourage large family day
care homes is addressed in H&S 13295 which specifically exempts home day care
providers for 6-12 children from consideration or qualifications as commercial
or businesses. SB 163 gives the city a choice of three options, neither which
allows undue hardship on the applicant. Building a six foot fence, having an
oversize play area, planting grass for a play area are all unreasonable if
this is not the plan for this particular family day care home. There is a
fence required for family day care homes, but only if it 'involves a swimming
pool or zacuzzi RE: California DSS Manual CCL 80087 Buildings and Grounds
(copy inclosed) .
2. Unnecessary
3. Enrollement for family day care homes is establshed by the state of
California. They are: A Family day care home shall be licensed for 6 chil-
dren, of which 3 may be infants, including their own children under age 12, or
a family day care home shall be licensed for 12 children, with an aide, 4
which may be infants, including their own children. Ref: California DSS Manual
CCL 102416.5 Staffing Ratio and Capacity. Effective July 1, 1985.
RE: AB 1670. 1981 paragraph 3, "Chapter 2 of the Status of 1981 authorizes the
State Department of Social Services to contract with other state or public
agencies to assume specific licensing and approval of day care facilities for
children as specified."
4. Fire Clearance must be obtained according to California State Regulations
for a family daycare home licensed for over 6 children. Re: CA DSS Manual CCL
Effective 1/28/82 88026 Fire Safety Clearance (copy inclosed).
5. Hours of operation should not be the exception of residential use of
property. These statues have been upheld in the California Supreme court in
the case of Welsch v. Goswick (1982) . 130 CA1 App. 30 398.
6.
7. Again, this. is undue pressure on "residential use of property".
8. Acceptable, if the license fee is compatable with other types of business
in this catagory.
9. Family day care homes are not centers, they are residential use of
property and come under SB 163
10. This is within our license regulations unless it is remodeled for family
day care homes and passed by the Fire Department.
11. A family day care home cannot be considered a commercial district and
cannot come under this restriction.
12. This comes under state regulations.
13.
14. The Planning Commission has one of three options according to SB 163.
15. Family Day Care home licenses are not transferable when licensed by the
State of California.
I suggest that the Planning Commissioner review the planned ordinance changes
with respect to already state regulations and attempt to comform to these
regulations, as they have been rewritten several times to protect the provi-
ders and cities in order to serve the parents who need chilcare. Without
these ordinances, there would be no licensed family day care homes. Currently
there are over 32,000 supervised homes in the state of California. There are
several unlicensed homes that regulations have been written for to bring them
under code. This, is where the erergy should be placed, not to put undo
stress on those that wish to comform to the current state regulations.
The California Federation of Family Day Care Associations has membership of
over 1,000 members and support providers in -man4 cities_ through out the
state. SE stress quality family day care, and are deeply concerned about the
the need for affordable child care in our state. I am sure that Huntington
Beach is no exception.
Sincerely,
Mary Thompson
President
2
I ' ,
Planning Commission September 25, 1986
City of Huntington Beach
2000 Plain St. HUNTINGTON BEACH
Huntington Beach., Ca. 92648 DEVELOPMENT SERVIC'=a
RE : Proposed Code amendment No. .86-30 SAP 29 10 '.`�
P. 0. Box 190
Huntington Beach, CA 92648
Dear Commissioner,
As a member of the Orange County Day Care Association,
a child day care provider and a concerned citizen for child care needs
in Huntington Beach, I write to you .
The purpose of the State law is to help. with the day care needs
of our citizens. It° s not intended that Cities add undue restrictions
which are unreasonable and unnecessary on the day care providers
who serve our community:.
The proposed provision # 7 is a good example. This provision .
is unrealistic as to the .way things are in the community. There is
a large family day care home in our city,in the 92647 that will only
take in the children of school teachers. This allows that provider to
take the summer months off. She closes down during the school" s
summer vacation each year. However,. most parents in. our community need
child day care on a year around basis.
There .is a- demand and a need for year around day care in this
area. What about other areas in our city, do they ,have simular
needs that are not being met?
This past year there have been 6 day care providers in this same
zip code area, for varied reasons, close their day care operations.
The same thing is happening in other areas of our city.
The proposed provision #7,'#3,and #5, should be d"eleated completely
from_ the proposed draft ordinance.
Sincerely,
Barbara Leonard
Publ November 6, 1986 � �
NOTICE OF PUBLIC HEARING
CODE AMENDMENT NO. 86-30
(LARGE FAMILY DAY CARE CENTERS)
NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold
a public hearing in the Council Chamber at the Huntington Beach Civic
Center, 2000 Main Street, Huntington Beach, alifornia, on the date and
at the time indicated below to receive and consider the statements of all
persons who wish to be heard relative to the application described below.
DATE: Monday, November li, 1986
TIME 7 30 P. M.
SUBJECT: Code Amendment No. 186-30
APPLICANT: City Of Huntington Beach
LOCATION: City-wide
PROPOSAL: To amend Article 963 (Unclassified Section) of the Huntington
Beach Ordinance Code related to the provisions for large
family day care centers.
ENVIRONMENTAL STATUS: The proposed ordinance is exempt from the provisions
of the California Environmental Quality Act.
ON FILE: A copy of the proposed ordinance is on file in the Department of
Development Services.
ALL INTERESTED PERSONS are invited to attend said hearing and express
onin.ions or submit evidence for or against the application as outlined
above. All applications, exhibits, and descriptions of this proposal are
on file with the Office of the City Clerk, 2000 Main Street, Huntington
Beach, California, for inspection by the public.
HUNTINGTON BEACH CITY COUNCIL
By: Alicia M. Wentworth
City Clerk ✓
Phone (714) 536-5405
Dated October 31 , 1986 �%
0
f
CANCELLATION OF PUBLIC HEARING
CODE AMENDMENT 86-30
The Code Amendment 86-30, set for a .public hearing October 20, 1986, will
be heard at a later date. Code Amendment 86-30 proposes to amend Article 963
(Unclassified Section) of the Huntington Beach Ordinance Code related to the
provisions for large family day care centers.
CITY OF HUNTINGTON BEACH
ALICIA M. WENTWORTH
CITY CLERK
Dated: 10/13/86
uyhonz9d to t''bhsh Advrsrt+sernants Of ali kinds includin
g public
nd!1cRs 6y Detree of the Superior Court of Orange County.
Cali totnia. Number A-6214. dated G9 September. 1961. and
A-24831. dated 11 June. 1963.
STATE OF CALIFORNIA
County of Orange Public Notice AOvonto,ng covered
oy this ahtdevtt is pot in ) pant
.min 10 pica caentn width
I am a Citizen of the United States and a resident of
the County aforesaid; I am over the age of eighteen
years, and not a party to or interested in the below
entitled matter. I am a principal clerk of the Orange
Coast DAILY PILOT, with which is combined the
NEWS-PRESS, a newspaper of general circulation,
printed and published in the City of Costa Mesa,
County of Orange, State of California, and that a
Notice of PUBLIC HEARING PUBLIC NOTICE,
NOTICE OF
PUBLIC HEARING
i CODE AMENDMENT
NO.86-30
— (LARGE FAMILY
of which copy attached hereto is a true and complete DAY CARE
CENTERS)
copy. was printed and published in the Costa Mesa, NOTICE IS HEREBY,
GIVEN that the Huntington
Newport Beach, Huntington Beach, Fountain Valley, Beach City Council will hold'
a public hearing in the Coun
Irvine, the South Coast communities and Laguna cil Chamber at the Hunt-1
ONE TIME 2000 Beach Civic Center,
Beach issues of said newspaper for 200o Main .Street, on
ington Beach, California,ia, on l
the date and at the time in-
wit the issue(s) of dicated below to receive and
consider the statements of I
all persons who wish to be
heard relative to the appli-
cation described below.
October 2 198 6 DATE: Monday, October
20, 1986
TIME:7:30 P.M.
SUBJECT: Code Amend-
ment No.86-30
198 LOCATION:City-wide. .
PROPOSAL: To amend
Article 963 (Unclassified
Section) of the Huntington
198 Beach Ordinance Code re-
lated to the provisions for
large family day care
�Cetrs.
VIRONMENTAL
198 ENVIRONMENTAL
The proposed or-
;dinance is exempt from the
provisions of the California
198 Environmental Quality Act.
ON FILE: A copy of the
(proposed ordinance is on
file in the Development Ser-
vices Department.
I declare, under penalty of perjury, I ALL INTERESTED PER-
that the SONS are invited to attend
foregoing is true and correct. said hearing and express
,opinions or submit evidence
,for or against the application
as outlined above.All appli-
October 2 6 nations, exhibits, and de-
Executed on 198 _ o scrin fil of this proposal
'are on file with the Office of
at C sta Mesa Calif rnia. the City Clerk, 200o Main
Street, Huntington Beach,
California,for inspection by
C h I-RIVA-1— the public.
HUNTINGTON BEACH
Sidna Sl ture CITY COUNCIL, By: Alicia
nature Wentworth, City Clerk,
Phone.(714)536-5405
Published Orange Coast
(Daily Pilot October 2, 1986
Th153
Z3 . ( n PROOF OF PUL'2LIC 'ho'N
Publi. 10/2/86
NOTICE OF PUBLIC HEARING
CODE AMENDMENT N0. 86-30
(LARGE FAMILY DAY CARE CENTERS)
NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a
public hearing in the Council Chamber at the Huntington Beach Civic
Center, 2000 Main Street, Huntington Beach, California, on the date and
at the time indicated below to receive and consider the statements of all
persons who wish to be heard relative to the application described below.
DATE: Monday, October 20*, 1986
TIME: 7:30 P.M.
SUBJECT: Code Amendment No. 86-30
LOCATION: City-wide
PROPOSAL: To amend Article 963 (Unclassified Section) of the
Huntington Beach Ordinance Code related to the provisions
for large family day care centers.
ENVIRONMENTAL STATUS: The proposed ordinance is exempt from the
provisions of the California Environmental
Quality Act.
ON FILE: A copy of the proposed ordinance is on file in the
Department of Development Services.
ALL INTERESTED PERSONS are -invited to attend said hearing and express
opinions or submit evidence for or against the application as outlined
above. All applications, exhibits, and descriptions of this proposal are
on file with the Office of the City Clerk, 2000 Main Street, Huntington
Beach, California, for inspection by the public.
HUNTINGTON BEACH CITY COUNCIL
By: Alicia M. Wentworth
City Clerk
Phone (714) 536-5405
Dated 9/29/86
M
r x
F-I v I no
t of
t am a Git►zen of the United States a ad a of eighteen t9
the County aforesaid: 1 am over !h g
years, and not a party to or interested in the below.
entitled matter. t am a principal clerk of the Orange
, .. R PUBLIC FIOTICE _
Coast GAILY PILOT. with which is combined the PlWC"NOTICE _x
a er of general circulation, p�oTICE OF } %annfiv 00"".salon
NEWS-PRESS. a new P z.a Published Orange Coast
of Costa Mesa, ! ptIBLJCNEAPJNI ,4, Daly.pllot september 6
CODE AMWDMENTf�' 1988 .
printed and published in the City ` No;e6-� f � t sa9�
County of Orange. State of California, and thata c�C_
PUBLIC HEARING NOT CEr:l8 .HEREBY,
Notice of pIVEN that the,HunUngton:
Beard p>annlrig Commiesior!i
iwr111 hoW.,a_publlc,tiear1n91^;
kth9 Courxll Chamber at ttie
kHuntingto^ 'Beach:..Clvlc:
of which copy attached hereto is a true and complete Main street
I u-ntlogtonr.,Beaoh, Call w.
copy, was printed and published in the Costa Mesa, fomla.orithedatearidatthe
P .tune Indicated below to re=
Huntington Beach, Fountain Valley, ce�a,dconsiderthestate-
Newport Beach, 9 q� 'ments of, all'persons who
�NE TINi>: be heard relative to
Irvine, the South Coast communitie and Laguna the, epplloation described +«0J>
er for WOW. �`
Beach issues of said newspap `,
DATE?TIME Tuesday.
�Septembe[4167'00;
consecutive weeks to wit the issue(s) Of PM:
'APPLICATION
Code Amendment No:88-36
t>:APPLICANT City of Hunt �t'
6 �I9RE ueST o amend file "
Se tember 6 198�-- !un Of the
(Huntington Beach Ordi-
nance toCode.related y
198 provislons for large`,
day care centers.
ENVLRo.NMENTL
STATUS:The prop:
198 1dinan6e is.exemPt trom'the 71
provlslons of ttie California
a
Environmental"Oualtty Act.'--_
r pogN FILE. A copy of the
198 psad•'ordlnance'Is o^
file in the Department of De
ygloPment; Services; '2
Main Streeti. Huntington
Beach,California 92848,for
_ 198 ton by the Public.
Inspect
V qLL=INTERESTED PER-
Y
SONS.are-imlted=to attend C/`J
�
said.hearing and express Oj
r
opinions or,submit evidence
declare, under penalty of perjury; that the as outined' .-.,Beater
I as outlined above If there
,�
are arry.`.:further-.questions ^#``r;t-
foregoing is true and correct. Pl gbramowftzt
Assoclato {Ianner at
536-527_
6
September 6 ,lamas w Patin, t3et
S e P , 198 reurv, 4tunt ini ton Beach f
I Executed on
Cost Mesa, Calito
f
ig ture
5 _
J PROOF OF PUBLICATION
77
sJ,&,� • k`r- --, �-, i •., A ;;� r -X�r `� '.,
n-..��j�4�'.v�;{,�s.����F-.+s�' �s^,a.�M £aa•, ,�1'^'�.,_��� Y 3 ���"�".o..k� �.. � � � .:{ , ti L 2 < �,. ,r` x.,
� "x; -G",tf` #•,".�t7 yti'y. 7�.kn� �, -:w. - ,r�Fs.� .�6'`� :C> � r �i�_"Y *,.� ' _` '� �- + t{" t'
�, <x_^.t;.,.l � ��. '�� s 5 � 55 a� 7 .•"�' 6' t .`. _ aka, t t t -�''£d ,d1 t�.. �"��"�M'k.� t�r -,��, ��hi.
®� CITY OF HUNTINGT N BEACH
INTER-DEPARTMENT COMMUNI ATION
HUNTINGTON BEACH
To Charles W. Thompson ro James W. Palin, Director
City Administrator /D a Development Services
Subject STAFF ' S RECOMMENDATION FOR Date November 17 , 1986
NO. 86- - LARGE FAMILY DAY
RE USES (AGENDA ITEM D-2d)
Code Amendment No. 86-30 is scheduled for today's City Council
meeting . Attached is a draft version of the ordinance for Code
Amendment No . 86-30 which demonstrates staff recommendation for
inclusion of the three items deleated by Planning Commission which
are being recommended by staff to be included back into the
ordinance. The proposed modifications have been inserted into
Section 9634 No. 1 , 9 and 10 on page 2 and 3 of the draft
ordinance . Section 9634 lists provisions governing family day care
homes for more than six children. Listed below is an explanation of
the proposed modifications .
9634 Family day care homes for more than six children are subject
to the following provisions:
( 1 ) That provision (1 ) be amended to state that a six foot high
masonry wall is required to enclose the outdoor play area ,
rather than a five foot high fence or wall whenever adjacent
to other residential uses . A masonry wall is necessary to
reduce noise impacts on the surrounding homes.
( 9 ) That provision ( 9) be amended to state not only that
approvals for family day homes shall be non-transferable , but
also that the dwelling shall be owner-occupied. The owner of
the home is the person best able to accommodate the
requirements for day care homes .
( 10) That a provision be added to state that in addition to the
two required fully enclosed parking spaces, a minimum of two
on-site parking spaces shall be provided . This requirement.
simply ensures that the driveway be clear for an aide ' s car
and/or for dropping off and picking up children.
The above stated provisions were reviewed by the Planning
Gommmission at the public hearing on October 21 , 1986 but were ,
defeated by them. Staff is recommending that the City Council
include the three modifications for regulating family day care homes
for more than six children .
Attached is the draft ordinance prepared by Development Services
staff . The proposed modifications have been underlined in the draft
ordinance.
Attachment
JWP:FW: kla
( 6660d )
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY
AMENDING SECTION 96'30 AND ADD THERETO NEW SECTIONS
9634 and 9635 RELATED TO DAY CARE USES
The City Council of the City of Huntington Beach does ordain
as follows :
SECTION 1 . The Huntington, Beach Ordinance Code is hereby
amended by amending Section 9630 and adding thereto new Sections
9634 and 9635
9630 PERMITTED USES. The following list includes uses
that possess characteristics of such unique and special form as to
make impractical their automatic inclusion as a permitted use in
any district . The location and operation of such uses shall be
subject to approval of a conditional use permit by the Planning
Commission and any additional provisions included herein. Uses
marked with an asterisk shall not be permitted in any residential
district.
A. *Airports and heliports
C. Churches
Colleges , private schools, elementary and secondary
public schools
(Minimum 10% of parking area shall be landscaped for
the above uses. )
*Contractor ' s storage yards pursuant to Section 9631
*Convalescent hospitals and sanitoriums
*Commercial recreation and amusement enterprises,
including bowling alleys and skating rinks
D.
-1-
D. Day care uses. Family day care homes for more than
six children pursuant to Section 9634. Child care facilities
other than family day care homes pursuant to Section 9635.
G. *Golf driving ranges; miniature golf courses
H. *Health clubs over 2, 500 sq . ft.
Horticulture
Hospitals
K . *Kennels, animal hospitals or clinics
M. *Mulching operations pursuant to Section 9631
Museums
0. *Open air or drive-in theaters
P. Parking lots
*Post Offices
*Private clubs and lodges
Private recreation areas or other uses for exclusive
use of homeowners
Public utility substations of less than one acre,
excluding switchyards
R. *Radio or television transmitters ( commercial )
*Recreational vehicle parks subject to locational
criteria adopted by resolution
*Rest homes
Retail nurseries (do not require conditional use permit
if in a commercial district )
Rooming or boarding houses , except in low density
residential districts
T . *Transportation terminals
U. Utility facilities, public or private, including but not
limited to waste-water treatment plants , power
generating plants, and pump stations .
W. Wind energy conversion systems pursuant to Section: 9633
9634 Family day care homes for more than six
children are subject to the following provisions:
1 . Seventy-five square feet of outdoor play area per
child. Thirty five square feet of indoor play area per child.
Outdoor play area shall be grassed and enclosed by a five foot
high fence or wall.. 1
a six foot high masonry wall is required to enclose the p ay
area. Any entry gate shall be securely fastened.
2. The total enrollment for the family day care home shall
conform to state law.
-2-
3. The applicant shall submit clearance from the Fire
Department and a copy of the Orange County Social Services
License, prior to the operation of the family day care home.
4 . Such facility shall not be located closer than 600 feet
to another large family day care home.
5. Garages shall not be used as a designated play area or
used in calculating minimum square footage in a family day care
home.
6 . Loading and unloading of children from vehicles shall
only be permitted on the driveway, approved parking area or
directly in front of the facility.
7. The family day care home shall comply with all
applicable requirements of Chapter 8 . 40, noise control of the
Municipal Code.
8. The Planning Commission reserves the right to revoke the
approval of a family day care home if a violation of the
conditions of approval occurs. All revocation proceedings shall
be preceded by a public hearing.
9 . Approvals for family day care homes are non-transferable
and the dwelling unit shall be owner occupied.
10. A minimum of two on-site parking spaces shall be
provided in addition to the two required fully enclosed parking
spaces.
9635 Child care facilities other than family day care
homes are subject to the following provisions:
1 . Seventy-five square feet of outdoor play area per
child. Thirty five square feet of indoor play area per child.
Outdoor play area shall be grassed and enclosed by a six foot high
masonry wall . Any gate entry shall be securely fastened.
2. Minimum 10% of parking area shall be landscaped.
3. The total enrollment for the child care facility shall
be established by the Planning Commission.
4. Fire Department clearance shall be obtained prior to the
operation of the child care facility.
5 . Hours of operation shall be established by the Planning
Commission.
6. The applicant shall submit a copy of the Orange County
Social Services License prior to the operation of the child care
facility.
7. The applicant shall obtain a business license prior to
the operation of the child care facility.
-3-
8. off-street parking for child care facilities shall
comply with Article 960 .
9. Loading and unloading of children shall only be
permitted from approved parking areas.
10. Children attending the day care facility shall be
restricted to designated play areas only, unless supervised by an
adult.
11. The child care facility shall comply with all applicable
requirements of Chapter 8.40, noise control of the Municipal Code.
12. The Planning Commission reserves the right to revoke the
approval of a child care facility if a violation of the conditions
of approval occurs. All revocation proceedings shall be preceded
by a public hearing.
SECTION 3. This ordinance shall take effect thirty days
after its passage.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the
day of , 1986.
Mayor
ATTEST• APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED
City Administrator Director of ,Development
Services
( 6660d)
11/13/86
-4-
Authorized to Publish Advertisements of all kinds Including public 6i
notices by Decree of the Superior Court of Orange County,
California, Number A-6214, dated 29 September, 1961, and
A-24831, dated 11 June. 1963
STATE OF CALIFORNIA
County of Orange Public Notice Advertising covered
by this aNidevd is set in 7 point
Willi t0 pica column v Wlh
I am a Citizen of the United States and a resident of
the County aforesaid; I am over the age of eighteen
years, and not a party to or interested in the below
entitled matter. I am a principal clerk of the Orange
Coast DAILY PILOT, with which is combined the
NEWS-PRESS, a newspaper of general circulation,
printed and published in the City of Costa Mesa,
County of Orange, State of California, and that a
Notice of CANCELLATION OF PUBLIC
HEARING .
of which copy attached hereto is a true and complete
copy, was printed and published in the Costa Mesa,
Newport Beach, Huntington Beach, Fountain Valley,
Irvine, the South Coast communities and Laguna
Beach issues of said newspaper for ONE TIME
XiX0MeK0i<}9Rwwiflm to wit the issue(s) of
PUBLIC NOTICE
CANCELLATION OF j
PUBLIC HEARING
October 1 6 198 6 CODE V MSE30DMENT i
J The Code Amendment'
198 l86-30,set for a public hear-1
ing October 20, 1986 will be
I heard at a later date. Code
'Amendment 86-30 proposes
Ito amend Article 963 (Un-
198 classified Section) of the
Huntington Beach Ordi-
nance Code related to thel
provisions for large family I
198 day care centers
CITY OF HUNTINGTONI
(BEACH, ALICIA M.)
WENTWORTH, CITY
198 CLERK
Dated: 10/13/86
Published Orange Coast
'Daily Pilot October 16, 1986
Th781
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on October 16 198 6
�7sta Mesa, Califor ia.
1RA- 'a iil�,�Aul�k�
Signature
PROOF OF PUBLICATION