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HomeMy WebLinkAbout09-Council Office - CITY OF SAN BERCARDINO - REQUESTQOR COUNCIL ACTION From: Valerie Pope-Ludlam Dept: Councilmember, Ward 6 Date: October 8, 1992 Subject: Large Fami ly Day Care Homes Mayor and Common Council Meeting October 19, 1992 Synopsis of Previous Council action: July 6, 1992, the Mayor and Common C9un~iladopted an Urgency Ordinance (MC-841) permitting large family day care homes with a 500 foot separation. June 18, 1992, the Legislative Review Committee directed staff to proceed with an Urgency Ordinance. Recommended motion: That the large family day care home matter be referred to Legislative Review Committee for review and recommendation. ~'., Signature C tactpe Valerie Pope-Ludlam on rson: Supporting data attached: Staff Report Phone: 384-5188 , Ward: Citywi de FUNDING REQUIREMENTS: Amount: N/A Source: {Acct. No.1 (Acct. DescriPtion) Finance: Council Notes: 75-0262 AQenda Item No. 9 o CJ CITY OP SAN BERNARDINO - REQUEST POR COUNCIL ACTION Subject: Large Family Day Care Homes Mayor and Common Council Meeting of October 19, 1992 BACKGROUND On June 18, 1992 Planning staff took the issue of large family day care homes to the Legislative Review Committee for review and recommendation. The Development Code was not consistent with State law as far as permitting of these uses. The LRC directed staff to proceed with an urgency ordinance to permit large family day care homes subject to locational criteria. The urgency ordinance was approved by the Mayor and Common Council on July 6, 1992. The State Health and Safety Code differentiates between large (7-12 children) and small (up to 6 children) family day care homes which are both different from day care homes. The Health and Safety Code states that jurisdictions cannot prohibit large family day care homes on lots zoned for single family dwellings and lists three nondiscretionary options for permitting them as follows. 1) Permit large family day care homes by right. 2) Grant a nondiscretionary permit if the large family day care home complies with all local Code requirement pertaining to spacing and concentration, traffic control, parking and noise control. 3) Grant a nondiscretionary permit as in the previous, and notify everyone within 100 feet. At the direction of LRC, staff prepared an amendment to the Development Code to permit large family day care homes in single family residences in residential land use districts with a 500 foot distance requirement, consistent with the second option. The 500 foot distance requirement, measured from property line to property line, may be overly restrictive in some instances where there is some sort of barrier between the two homes in question. RECOMMENDATION Staff recommends that the Mayor and Common Council refer this matter to the Legislative Review Committee for further review and recommendation.