Loading...
HomeMy WebLinkAbout8.3 ZOA 09-003 Large Family Day CareOF Dp?l f? w--48 82 ??LIFOR??? AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: November 10, 2009 SUBJECT: ZOA 09-003: Zoning Ordinance Amendments (Legislative) - Amendments to the Dublin Municipal Code related to Large Family Day Care Homes including modifications to Chapter 8.12 (Zoning Districts and Permitted Uses) and Chapter 8.76 (Off-Street Parking and Loading) and the creation of a new chapter, Chapter 8.66 (Large Family Day Care Homes). Report prepared by Marnie R. Waffle, Senior Planner ATTACHMENTS: 1. Resolution recommending City Council approval of Zoning Ordinance Amendments to Chapter 8.12 (Zoning Districts and Permitted Uses) and Chapter 8.76 (Off-Street Parking and Loading) and the creation of Chapter 8.66 (Large Family Day Care Homes), with the draft Ordinance attached as Exhibit A. 2. Chapter 8.12 (Zoning Districts and Permitted Uses) with modifications to the text in strikethrough (remove) and underline (new). 3. Chapter 8.76 (Off-Street Parking and Loading) with modifications to the text in strikethrough (remove) and underline (new). 4. Proposed New Chapter 8.66 (Large Family Day Care Homes). 5. Draft Chapter 8.102 (Minor Use Permit). RECOMMENDATION: 1. Receive the Staff presentation; 2. Open the Public Hearing; U 3. Take testimony from the Public; 4. Close the Public Hearing and deliberate; and 5. Adopt a Resolution recommending City Council approval of Zoning Ordinance Amendments to Chapter 8.12 (Zoning Districts and Permitted Uses) and Chapter 8.76 (Off-Street Parking and Loading) and the creation of Chapter 8.66 (Large Family Day Care Homes), with the draft Ordinance attached as Exhibit A; OR 6. Provide Staff with direction on alternatives. BACKGROUND: At the request of the City Council, Staff has been reviewing the Zoning Ordinance requirements for various business types in an effort to streamline the entitlement process for development applications and to promote businesses in Dublin. COPIES TO: In House Distribution File Page 1 of 8 ITEMNO._0.3 G: IZoning Or&ZOA 09-003 Large Family Day CareTC Mtg Nov 2009WSR 11.10.09.doc According to the State of California Community Care Licensing Division, a total of nine (9) Large Family Day Care Homes are currently operating in the City of Dublin. Since 2005, the City has approved five (5) Conditional Use Permit (CUP) applications for Large Family Day Care Homes and a sixth application is currently under review by the Planning Division. Large Family Day Care Homes provide infant and child care for 9-14 children within a private residence. The Conditional Use Permit allows the City to evaluate Large Family Day Care Homes for compatibility with surrounding residences. This typically includes an evaluation of noise and parking impacts. Conditions of Approval are imposed on Large Family Day Care Homes to address noise and parking and to ensure on-going compatibility within a residential neighborhood. Due to the requirement that all parking and loading spaces for pick-up and drop-off of children be provided off-street, all Conditional Use Permit applications for Large Family Day Care Homes also include requests for a reduction in off-street parking requirements. In each case there has been adequate parking immediately adjacent to the Large Family Day Care Home to meet the demands of the use. From a land use planning perspective, the Conditional Use Permit applications were otherwise fairly straightforward. While historically Large Family Day Care Homes have had minimal impacts, all have been subject to the Conditional Use Permit requirement and each of the Applicants must to go through the Conditional Use Permit process. The Conditional Use Permit process serves a valuable purpose: to be able to examine certain types of uses in more detail to ensure the establishment and operation of the use does not have detrimental impacts to the community. However, after reviewing recent Conditional Use Permit applications for Large Family Day Care Homes, it appears that many, if not all, could have been properly examined without being subject to the traditional Conditional Use Permit process. Each of these applications was found to be compatible with surrounding properties. Staff has reviewed the Zoning Ordinance and is recommending Amendments that would modify the permit and parking requirements for Large Family Day Care Home applications to streamline the processing of applications. This will allow Large Family Day Care Homes to be reviewed in a much shorter time frame and allow the establishment of a much needed service, infant and child care, within the community. ANALYSIS: Before beginning the Zoning Ordinance revisions, Staff examined the permit procedures and parking requirements of other jurisdictions in the Tri-Valley. In comparing Dublin's requirements to those of Livermore, Pleasanton, San Ramon and Danville, Staff found good examples of how other jurisdictions streamline the review of Large Family Day Care Homes. Table 1 below demonstrates the permit procedures and parking requirements for these jurisdictions. The Town of Danville regulates Large Family Day Care Homes similar to Dublin's current process requiring approval of a Conditional Use Permit by the Planning Commission. The Cities of Pleasanton and San Ramon require approval of a staff-level Use Permit which can be appealed to the Planning Commission; this process is similar to the Minor Use Permit process that has been proposed for Dublin in conjunction with Indoor Recreational Facilities. The City of Livermore has a ministerial process in place for the approval of Large Family Day Care Homes with established development standards that Applicants must meet in order to obtain a permit. Approval of a Home Day Care Permit in the City of Livermore is not appealable. If an Applicant is not Page 2 of 8 able to meet the development standards, approval of a Use Permit is required by the Zoning Administrator. An action of the Zoning Administrator can be appealed to the Planning Commission. Table 1. Tri-Vallev Cities Large Familv Dav Care Permit Procedures and Parking Requirements Permit Permit Off-Street Parking Overconcentration City Required Process does not include SFR Ordinance Home Day • No Notice • 1 per nonresident 300-feet from other Livermore Care Permit • No Hearing employee large family day cares • 1 for drop-of/pick-up • Public Notice • 1 loading space in driveway 300-feet from other Pleasanton Use Permit • Hearing upon . 2°d loading space large family day cares (ZA) request curbside or nursery schools • Appeal to PC • Employees on street • Public Notice Minor Use • Hearing upon • 1 per 6 children 300-feet from other San Ramon Pen-nit (ZA) request • 1 per employee cares large family day • Appeal to PC Land Use • Public Notice . 1 per teacher Danville Permit (PC) ' Hearing required . 1 per 10 children None • Appeal to CC Conditional • Public Notice • 1 per 4 children Dublin Use Permit • Hearing Required • 1 per nonresident None (PC) • Appeal to CC employee SFR=Single Family Residence; ZA=Zoning Administrator; PC=Planning Commission After reviewing applications for Large Family Day Care Homes that the City of Dublin has received over the past 5 years, and analyzing alternatives to streamline the process for future applications, Staff drafted a new Chapter to the Zoning Ordinance: Chapter 8.66 (Large Family Day Care Homes). This new Chapter provides a streamlined process for review of applications for Large Family Day Care Homes. In addition, Staff proposes amendments to the following Zoning Ordinance Chapters: 1) Chapter 8.12 (Zoning Districts and Permitted Uses) 2) Chapter 8.76 (Off Street Parking and Loading) These amendments would provide a streamlined process for review of applications for Large Family Day Care Homes. Chapter 8.12 Zoning Districts and Permitted Uses) This Chapter is proposed to be modified to change the matrix of Permitted and Conditionally Permitted Uses (see Attachment 2). Large Family Day Care Homes would continue to be permitted in the A, R-1, R-2 and R-M Zoning Districts. The approval process would be modified to require approval of a Minor Use Permit by the Community Development Director. The Minor Use Permit is described in the newly- proposed Chapter 8.102 of the Zoning Ordinance. Large Family Day Care Homes would also be permitted with approval of a Minor Use Permit by the Community Development Director in Planned Development (PD) Zoning Districts if not specifically prohibited and if the project site has an underlying Agricultural or Residential General Plan Land Use designation. This allowance for Large Family Day Page 3 of 8 Care Homes in PD Zoning Districts is included in the proposed new chapter, 8.66 (Large Family Day Care Homes) which is discussed further below. Chapter 8.76 (Off Street Parking and Loading) This Chapter is proposed to be modified to change the parking standards for Large Family Day Care Homes (see Attachment 3). In order to ensure that Dublin's standards are in line with other nearby communities, a comparison of the parking standards for the cities of Livermore, Pleasanton, San Ramon and Danville was completed (see Table 1 above) and reviewed by the City's Traffic Engineer. Dublin's parking standards are proposed to be modified as follows: Tahdn 7 Fyietina anrd Pranneprl Parkina Ctanrlarrl for Lnrue Family Dav Care Homes Use Type Existing Standard Proposed Standard Large Family Day Care Home 2 in enclosed garage per dwelling, 2 in enclosed garage per dwelling, (up to 14) plus 1 space for every employee plus 1 space for every employee not residing in the home, plus one not residing in the home, plus one loading space for every 4 children loading space for every 6 children in the facility in the facility; one loading space may occur on-street if within 150- feet of the dwelling The proposed amended parking standard for Large Family Day Care Homes reduces the number of loading spaces required from 1 space for every 4 children to 1 space for every 6 children. This reduces the loading space requirement for a Large Family Day Care Home with 14 children from 4 spaces to 2 spaces. (Note: In accordance with the Off-Street Parking and Loading Regulations, where the number of required parking spaces results in a fraction of 0.50 or higher, the parking requirement is rounded up to the next whole space. Conversely, where the number of required parking spaces results in a fraction of less than 0.50, the parking requirement is rounded down to the next whole space.) The proposed amended parking standards also allow for a loading space to be provided on-street if it is within 150-feet of the residential dwelling where the Large Family Day Care Home is proposed to be established. Allowing an on-street loading space is consistent with what surrounding Tri-Valley cities currently allow and would eliminate the need to process a Conditional Use Permit for a Parking Reduction. New Chapter: Chapter 8.66 (Large Family Day Care Homes) In addition to the aforementioned amendments to the Dublin Zoning Ordinance, Staff is proposing the creation of Chapter 8.66 (Large Family Day Care Homes). This new Chapter sets forth certain development standards and regulations such as parking, hours of operation, hours of outdoor play and other regulations customary to Large Family Day Care Homes. Additionally, the new chapter proposes a 300-foot separation between Large Family Day Care Homes located on the same street and a 500-foot separation between Large Family Day Care Homes located within the same cul-de-sac. The proposed separation requirement would prevent over-concentration of Large Family Day Care Homes. The concept behind the development standards and regulations is that if Large Family Day Care Homes can meet these standards then the impacts of the Day Care Home would be low and the use can be permitted with a minimal amount of application processing. Page 4of8 If Large Family Day Care Homes are able to meet the development standards and regulations, then a Minor Use Permit would be granted by the Community Development Director. If the development standards and regulations cannot be met, then a Conditional Use Permit would be considered by the Planning Commission at a public hearing. The proposed development standards and regulations for Large Family Day Care Homes are as follows: A. Permitted in the A, R-1, R-2, R-M and certain Planned Development Zoning Districts. A Large Family Day Care Home may be established only in the A, R-l, R-2 and R-M Zoning Districts. A Large Family Day Care Home may also be established in a Planned Development (PD) Zoning District if not specifically prohibited by the PD regulations and if the project site has an underlying Agricultural or Residential General Plan Land Use designation. Any PD regulations which require a Conditional Use Permit for Large Family Day Care Homes shall be superseded by this Chapter and any Large Family Day Care Home in a PD Zoning District, unless specifically prohibited, shall be subject to the requirements of this Chapter. B. Parking. A Large Family Day Care Home shall comply with the following parking regulations: 1. The use shall meet the parking requirements contained in Section 8.76.080 of the Off- Street Parking and Loading Regulations. 2. One required loading space may occur on-street in accordance with Section 8.76.080 of the Off-Street Parking and Loading Regulations. Guardians dropping off or picking up children shall first use an available off-street loading space. 3. At no time shall the Large Family Day Care Home operator's personal vehicles interfere with required loading spaces or employee parking. 4. The operator of the Large Family Day Care Home shall facilitate staggered drop-off and pick-up of children by allowing drop-off and pick-up of children to occur over a minimum 1-hour time period. C. Hours of Operation. Hours of operation for the Large Family Day Care Home shall be no earlier than 7:00 a.m. and no later than 7:00 p.m. Monday through Friday. D. Outdoor Play Activities. Outdoor play activities associated with the Large Family Day Care Home shall not occur earlier than 9:00 a.m. or after 6:00 p.m. E. Outdoor Play Area. The outdoor play areas associated with the Large Family Day Care Home shall be located in the rear and/or side yards of the dwelling and shall be fully enclosed with a 6-foot fence made of materials that provide solid screening from public view. F. Signage. No signage shall be displayed on-site or off-site at any time advertising the Large Family Day Care Home. G. Minimum Separation. A minimum 300-foot separation is required between all Large Family Day Care Homes located on the same street. A Large Family Day Care Home located within a cul-de-sac shall maintain a 500-foot separation from any other Large Family Day Care Home located within the same cul-de-sac. The separation shall be measured from the property lines. Page 5 of 8 H. State of California Licensing. A copy of the State of California child care license shall be submitted to the Community Development Department prior to establishment of the Large Family Day Care Home and shall remain current and valid throughout the life of the Large Family Day Care Home. I. Business License. The operator of the Large Family Day Care Home shall obtain a City of Dublin Business License prior to establishing the Large Family Day Care Home. The Business License shall remain current and valid throughout the life of the Large Family Day Care Home. J. Compliance with Local Ordinances. The operator of the Large Family Day Care Home shall comply with all applicable City of Dublin Ordinances including but not limited to, Chapter 5.56 (Smoking Pollution Control); Chapter 5.64 (Property Maintenance); and, Chapter 7.32 (Building Security). Minor Use Permit With these development standards playing a key role, the approval process for Large Family Day Care Homes would be as follows: Chart 1. Proposed Approval Process for Large Family Day Care Homes Can the proposed Large Family Day Care Home meet the Development Standards and Regulations listed above? YES (:::D Minor Use Permit • Community Development Director approval • Ability to apply Conditions of Approval • 300-foot radius Public Notice • No Public Hearing • Quicker timeframe • Appealable to the Planning Commission NO Conditional Use Permit • Planning Commission approval • Ability to apply Conditions of Approval • 300-foot radius Public Hearing Notice • Public Hearing • Appealable to the City Council The Minor Use Permit process is a new process that was presented to the City Council at a public hearing on November 3'd and is proposed in conjunction with amendments to the Zoning Ordinance as it relates to Indoor Recreational Facilities. The Minor Use Permit is described in the newly-proposed, Chapter 8.102 to the Zoning Ordinance (Attachment 5). It is a discretionary approval that is similar to a Conditional Use Permit, but does not have the same requirement for a public hearing. The Minor Use Permit process follows a similar review and approval process as Site Development Review applications that are eligible for review by the Community Development Director: 1. The application is reviewed by Planning Staff and routed to other departments and agencies for review as appropriate. 2. Conditions of Approval are prepared. Page 6 of 8 3. Planning Staff makes a recommendation to the Community Development Director. 4. A Public Notice (also known as a Notice of Decision) is prepared and circulated to: the property owner; the applicant; local agencies providing facilities and services; any person who specifically requests notice; owners of real property within 300-feet of the project; occupants of property contiguous to the project; and, any additional persons the Director deems necessary. 5. The Public Notice includes information such as, the date and time that the decision will be made; the name of the body making the decision; a general explanation of the matter to be considered; and, a general description of the property that is the subject of the decision. The Public Notice is distributed ten (10) days before the date of the scheduled decision. 6. The Community Development Director's decision on a Minor Use Permit application can be appealed to the Planning Commission. If an application for a Large Family Day Care Home does not meet the development standards and regulations described above, approval of a Conditional Use Permit by the Planning Commission would be required. If, at any time during the review process, the Community Development Director determines that the proposed Large Family Day Care Home could have impacts that should be considered by the Planning Commission at a public hearing, the Community Development Director may refer decision making on the Minor Use Permit to the Planning Commission. ENVIRONMENTAL REVIEW: The project has been found to be exempt from the California Environmental Quality Act (CEQA), according to Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the amendments to Title 8 (Zoning Ordinance) of the Dublin Municipal Code (Zoning Ordinance) may have a significant effect on the environment. The proposed Ordinance does not allow any new uses, but rather simplifies the permitting process for an already permitted use, and brings the parking requirements and other regulations for Large Family Day Care Homes more in line with those of neighboring jurisdictions. PUBLIC NOTICING: In accordance with State law, a Public Notice was published in the Valley Times and posted at several locations throughout the City. A Public Notice of this hearing was also mailed to those requesting such notice ten (10) days before the Public Hearing and the Staff Report and attachments were made available for public review prior to the Public Hearing in accordance with Government Code Sections 65090 and 65091. CONCLUSION: At the request of the City Council, Staff has reviewed the Zoning Ordinance requirements for various business types in an effort to streamline the entitlement process and to promote businesses in Dublin. Based on this review, modifications are proposed to be made to the Zoning Ordinance in order to provide a more streamlined and efficient application process for Large Family Day Care Homes. By reducing the level of review required for this use, the City would encourage Large Family Day Care Homes which have minimal impacts on surrounding properties while maintaining the appropriate level of review for those that may generate more significant impacts. In evaluating the proposed Zoning Ordinance amendments to modify the permit and parking requirements for Large Family Day Care Homes, and in an effort to facilitate quicker processing of these applications, Page 7 of 8 Staff reviewed the permit and parking requirements of other jurisdictions in the Tri-Valley area. The proposed amendments incorporate the concept of establishing development standards, similar to the City of Livermore's ministerial process, while retaining the public noticing and appeal procedures that are required for a discretionary review process. The development standards provide Applicants with more certainty in obtaining approval of a Large Family Day Care Home while the Minor Use Permit process requires a public notice to provide concerned residents an opportunity to participate in the approval process as well as appeal the Community Development Director's decision on a Minor Use Permit. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive the Staff presentation; 2) Open the Public Hearing; 3) Take testimony from the public; 4) Close the Public Hearing and deliberate; and 5) Adopt a Resolution recommending City Council approval of Zoning Ordinance Amendments to Chapter 8.12 (Zoning Districts and Permitted Uses) and Chapter 8.76 (Off Street Parking and Loading) and the creation of Chapter 8.66 (Large Family Day Care Homes), with the draft Ordinance attached as Exhibit A; OR 6) Provide Staff with direction on alternatives. Page 8 of 8