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Home My WebLink About24- Planning and Building Services CITY OF SAN BERN-,ADINO - REQUEST F%.ii COUNCIL ACTION Development Code Amendment No. 92-12 From: Al Boughey, Director Subject: Large Family Day Care Homes Dept: Planning & Building Services Mayor and Common Council Meeting Date: December 9, 1992 January 11 , 1993 Synopsis of Previous Council action: November 5, 1992, the Legislative Review Committee directed staff to prepare a revision to the distance requirements for large family day care homes. July 8, 1992, the Mayor and Common Council adopted an Urgency Ordinance (MC-841) to bring the Development Code into compliance with state law. June 18, 1992, the Legislative Review Committee directed staff to prepare revisions to the Development Code pertaining to large family day care homes. Recommended motion: That the hearing be closed, the first reading be waived and the ordinance be laid over for final adoption. /% Signature Al Boughey Contact person: Al Rnijahe Y Phone:— 384=53.517 Supporting data attached: Staff Report, Ordinance Ward: Citywide FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 75-0262 Z/ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: DEVELOPMENT CODE AMENDMENT NO. 92-12 PROPOSAL: Amendment to the Development Code, Chapter 19 . 04 , Section 19. 04. 030 (2) (C) to modify the distance requirement of 500 feet between large family day care homes to 250 feet under certain conditions. This proposed amendment would apply Citywide. KEY POINTS: Large family day care homes are defined in the Development Code as a single family residence which is occupied and used as such and provides family day care to 7-12 children under the age of 18 years of age. Development Code Section 19. 04 . 030 (2) (C) states that "large family day care homes may be located no closer than 500 feet, in any direction, from an existing large family day care home, measured from property line to property line. " The purpose of the original 500 feet distance requirement was to avoid the over concentration of large family day care homes in any one area. On November 5, 1992 the Legislative Review Committee reviewed several specific situations and recommended a change that would allow large family day care homes to be within 250 feet of each other under certain conditions such as if a buffer or street lay in between. Please see the analysis and attachments contained in Exhibit "A" Staff Report to the Planning Commission. ENVIRONMENTAL DETERMINATION• Pursuant to Section 15061 (b-3) of the CEQA guidelines the proposal to modify the minimum distance requirement for large family day care homes is exempt from CEQA as it is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. PLANNING COMMISSION RECOMMENDATION: Due to the time frame involved, this report was completed prior to the Planning Commission meeting of December 15, 1992 . The Planning Commission recommendation will be provided by staff as part of the verbal presentation. MAYOR AND COMMON COUNCIL OPTIONS: 1. Approve Development Code Amendment No. 92-12 and adopt the Ordinance, as shown on Exhibit "A" , amending the Development Code by modifying the distance requirement of 500 feet between large family day care homes to 250 feet. 2 . Deny Development Code Amendment No. 92-12 and do not modify the existing distance requirement of 500 feet for large family day care homes. STAFF RECOMMENDATION: Staff recommends that the Mayor and Common Council approve Development Code Amendment No. 92-12 based on the Findings of Fact (Attachment "A" of Exhibit "A") and adopt the Ordinance (Exhibit "B") amending the Development Code by modifying the distance requirement of 500 feet between large family day care homes to 250 feet under specified conditions. Prepared by: John Lampe, Associate Planner For: Al Boughey, Director of Planning and Building Services Exhibits: "A" = Planning Commission Staff Report with Attachment "A" Findings of Fact Attachment "B" Proposed Wording "B" = Ordinance CITY OF BAN BERNARDINO - MEMORANDIIM To: Planning Commission From: Al Boughey, Director Planning and Building Services Subject: Development Code Amendment Date: November 18, 1992 No. 92-12 Agenda Item: #3 Date: December 15, 1992 REQUEST: The request is for an amendment to the Development Code, Chapter 19.04, Section 19.04 . 030(2) (0) to modify the distance requirement of 500 feet between large family day care homes to 250 feet under certain circumstances. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEOA) STATUS: Pursuant to Section 15061 (b-3) of the CEQA guidelines the proposal to modify the minimum distance requirement for large family day care homes is exempt from CEQA as it is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. BACKGROUND: Large family day care homes are defined in the Development Code as a single family residence which is occupied and used as such and provides family day care to 7-12 children under the age of 18 years of age. Large family day care homes require a Development Permit in all residential zones. Development Code Section 19.04. 030(2) (C) states that "large family day care homes may be located no closer than 500 feet, in any direction, from an existing large family day care home, measured from property line to property line. " On November 5, 1992 the Legislative Review Committee recommended a change that would allow large family day care homes to be within 250 feet of each other under certain conditions such as if a buffer or street lay in between. The purpose of the original 500 foot distance requirement was to avoid the over concentration of such uses in any one area. After the review of some specific situations, the Legislative Review Committee concluded that if any two large family day care homes were separated by a buffer or a street than the distance requirement could be reduced to 250 feet. - The Legislative Review Committee then directed staff to proceed with a Development Code Amendment to consider establishing new criteria for determining the distance between large family day care homes. Exhibit "A" Development Code Amendment No. 92-12 Planning Commission Meeting December 15, 1992 Page 2 ANALYSIS: GENERAL PLAN CONSISTENCY The proposed Development Code Amendment is consistent with the General Plan in that General Plan Policy 1. 1.7 allows for the provision of social services (among other uses) to meet the needs of existing and future residences with standards and guidelines for the development of new facilities. Section 19. 04.030(2) (0) was added to the Development Code by Ordinance MC-841 adopted on July 7, 1992 as an Urgency Ordinance by the Mayor and Common Council. This ordinance stipulated under Section 19.04.030(2) (C) that the distance requirement for large family day care homes is 500 feet as measured, in any direction, from property line to property line. It was thought that this distance requirement would somewhat lessen possible incompatibility issues by reducing the total number of such uses in the City. Five hundred feet was thought to be a reasonable standard regarding the spacing and concentration of these uses. However, with a buffer or street in between large family day care homes, then, could be within 250 feet of each other and not impact the neighborhood. AMENDMENT The amendment proposes to modify the language of Section 19.04.030(2) (C) to indicate that large family day care homes shall be no closer than 500 feet apart if fronting on the same street and no closer than 250 feet if not fronting the same street and if there is a buffer such as two individual lots or a street in between (See Attachment "B") . CONCLUSION• The proposed amendment to Section 19.04. 030 (2) (0) will make the distance requirement for large family day care homes more reasonable by taking into consideration intervening buffers and streets which would allow the original 500 foot distance requirement to be reduced to 250 feet. i I I Development Code Amendment No. 92-12 Planning Commission Meeting December 15, 1992 Page 3 RECOMMENDATION• Staff proposes that the Planning Commission recommend that the Mayor and Common Council approve Development Code Amendment No. 92- 12 subject to the attached Findings of Fact (Attachment "A") . Respectfull ubmitted, A Bo Director o Planning and Building Services 1 YW ,A� o'hAn W. Lampe Associate Planner Attachment "A" - Findings of Fact Attachment "B" - Proposed wording for Section 19.04.030 (2) (C) \ Development Code Amendment No. 92-12 Planning Commission Meeting December 15, 1992 j Page 4 i ATTACHMENT "A" FINDINGS OF FACT 1. The proposed amendment is consistent with the General Plan in that the amendment further implements the Goals and Objectives of the General Plan. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City, in that the amendment will provide a reasonable distance requirement for large family day care homes by taking into consideration the effect of intervening buffers and streets to reduce the distance requirement from 500 feet to 250 feet. i I i I i i i i i i i `err' Development Code Amendment No. 92-12 Planning Commission Meeting December 15, 1992 Page 5 ATTACHMENT "B" PROPOSED WORDING FOR DEVELOPMENT CODE SECTION 19 .04 .030 2 1 (c) : C. DAY CARE HOMES, LARGE FAMILY Large family day care homes may be located no closer than 500 feet, in any direction, from an existing large family day care home fro ting on the sage erlr property to property line and maybe street,- no closer than 250 feet from an existin lar a famil day care home not frontin on the same street if th etween ameasuredsfrom as. rovertndlineuto lots or a street in L pro ertyl_ine. 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19. 04 , SECTION 19. 04 . 030 (2) (C) OF THE SAN BERNARDINO MUNICIPAL 3 (DEVELOPMENT) CODE PERTAINING TO LARGE FAMILY DAY CARE HOMES. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 5 6 Section 1. Section 19 . 04 . 030 (2) (C) , DAY CARE HOMES, LARGE FAMILY is amended to read as follows (See Attachment A-1, Page II- 7 14 of the Development Code, attached hereto and incorporated herein 8 by reference) : 9 "C. DAY CARE HOMES, LARGE FAMILY 10 Large family day care homes shall not be located within 11 500 feet, in any direction, of any existing large family day care home, measured from property line to property 12 line except that they may be located no closer than 250 feet measured from property line to property line from 13 any existing large family day care home not fronting on the same street. " 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 1 OR.DINANCE. . . AMENDING CHAPTER 19 . 04 , SECTION 19 . 04 . 030 (2) (C) OF THE SAN BERNARDINO MUNICIPAL (DEVELOPMENT) CODE PERTAINING TO LARGE 2 FAMILY DAY CARE HOMES. 3 I HEREBY CERTIFY that the foregoing ordinance was duly adopted 4 by the Mayor and Common Council of the City of San Bernardino at 5 _ meeting thereof, held on the day 6 of 1993 , by the following vote, to wit: 7 Council Members AYES NAYS ABSTAIN ABSENT 8 ESTRADA 9 REILLY lU HERNANDEZ 11 MAUDSLEY 12 MINOR 13 POPE-LUDLAM 14 MILLER 15 16 17 City Clerk 18 The foregoing ordinance is hereby approved this day of , 1993 . 19 20 W. R. Holcomb, Mayor Approved as to City of San Bernardino 21 form and legal content: James F. Penman 22 City Attorney' 23 By 1►v n 24 25 26 27 28 2 Attachment A-1 RES, ENTTAL DISTRICTS-19m 7. All on-site lighting shall be stationary, directed away from adjacent, properties and public rights-of-way,and of an intensity ap- propriate to the use it is serving. i 8. All on-site signage shall comply with the provisions of Chapter i 19.22. (Sign Standards). 9. The center shall contain a fire extinguisher and smoke detector devices and meet all standards established by the City Fire Mar- shall. 10. A center within a residential land use district may operate up to 14 hours per day. 11. Outdoor activities may only be conducted between the hours of 8:30 A.M. to 8:00 P.M. MC 8417-7-92 C DAY CARE HOMES, LARGE FAMILY Large family day care homes shall not be located within 500 feet, in any direction, of any existing large family day care home, measured from property line to property line except that they may be located no closer than 250 feet measured from property line to property line from any existing large family day care home not fronting on the same street. D. DENSITY BONUS This section contains 2 density bonus provisions. The first entitlement is based upon the provision of affordable housing pursuant to State Govern- ment Code Section 65915. The second provision is intended to provide density bonus incentives for the incorporation of on-site amenities. 1. Affordable Housing State Government Code Section 65915 provides for the granting of a density bonus or other incentives of equivalent financial value when a developer of housing agrees to construct at least 1 of the fol- lowing: a. Twenty percent of the total units of a housing development for persons and families of lower income, as defined in Sec- tion 50079.5 of the Health and Safety Code. b• Ten percent of the total units of a housing development for very low income households, as defined in Section 50105 Of the Health and Safety Code. C. Fifty percent of the total dwelling units of a housing development for qualifying residents, as defined in Section 51.2 of the Civil Code. TTA d