October 18, 2016 TO
BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY AGENDA REPORT For meeting of: October 18, 2016 TO: Honorable Mayor and City Council VIA: Magda Gonzalez, City Manager FROM: John Doughty, Community Development Director TITLE: PDP‐16‐016, INTRODUCTION OF ZONING ORDINANCE / COASTAL IMPLEMENTATION PLAN AMENDMENTS TO COMPLY WITH THE STATE CHILD CARE ACT FOR LARGE FAMILY DAY CARE OPERATIONS AND STATE HOUSING LAWS ______________________________________________________________________________ RECOMMENDATION: Conduct a public hearing and introduce an ordinance amending Title 18 of the Half Moon Bay Municipal Code to: 1. Delete “Limited Day Care” and add “Small Family Day Care” and “Large Family Day Care” uses in all Residential, Commercial and Mobile Home Park Zones; 2. Establish Use Regulations for Large Family Day Care in Residential, Commercial and Mobile Home Zones; and 3. Provide for Supportive Housing and Transitional Housing where residential uses are allowed in Commercial Zones. FISCAL IMPACT: There is no fiscal impact associated with the introduction of these ordinance amendments. Implementation of the ordinance amendments is consistent with normal Planning Division operations covered by Fiscal Year 2016‐17 operating budget. STRATEGIC ELEMENT: This recommendation supports the Healthy Communities and Public Safety Element of the Strategic Plan. BACKGROUND: The Planning Commission reviewed these amendments at public hearings on March 22, 2016 and April 26, 2016 (minutes included as Attachments 3 and 4). All code amendments for Large Family Day Care, Supportive Housing, and Transitional Housing were recommended for approval by the Planning Commission to the City Council. DISCUSSION:
PDP‐16‐016, Introduction of Large Family Day Zoning Amendments October 18, 2016 Page 2 of 8
These amendments are intended to bring the City Zoning Ordinance into conformance with the State Child Care Act and state housing laws. Each City is required to maintain consistency with state laws. The text sections within this report that are formatted in italicized text represent areas of the Zoning Ordinance (Chapter 18 of the Municipal Code) that are recommended to be changed. LARGE FAMILY DAY CARE BACKGROUND: Small and Large Family Day Care facilities have been deemed by the State to be compatible with residential development as accessory residential uses. In 2007 the legislature amended the California Health and Safety Code (Section 1597.465) to expand upon the definitions of Small Family Day Care for eight (8) or fewer children in a provider’s home, and Large Family Day Care for nine (9) to fourteen (14) children in a providers home. The City’s current regulations are preempted by State law. That law requires that Large Family Day Care facilities be permitted in all residential zones. The current Code conflicts with these State laws by defining Limited Day Care as applying to six (6) or fewer persons, when up to eight (8) children are statutorily allowed for Small Family Day Care. Similarly the existing code for Large Family Day Care applies to seven (7) to twelve (12) persons, when State law allows nine (9) to fourteen (14) children for Large Family Day Care. These existing provisions reflected prior State law. Wherever residential development is allowed within the City, State law dictates that Small and Large Family Day Care uses are to be statutorily allowed as accessory/incidental residential uses. This means that any and all other zoning districts allowing residential development must also allow Small and Large Family Day Care facilities. However, if, for example, a residential use is allowed with approval of a Use Permit (residential uses is allowed in the CD, Commercial Downtown district with approval of a Use Permit), the City can require a Use Permit for the residential use, but not for the Small and Large Family Day care operation within the residence. Amendments to several different sections of the Zoning Ordinance are necessary to implement State Child care laws. These code amendments include: 1) Adding “new definitions” of Small and Large Family Day Care and deleting conflicting definitions, 2) Replacing the “use classifications” with these newly defined uses, and 3) Amending all the “Use Regulation” tables for every zone where residential use is allowed to also allow for Small and Large Family Day Care as an incidental accessory residential use. For a more detailed code specific outline of these code amendments please refer to Attachment 2 – “Summary of Large Family Day Care Code Amendments.” New Definitions of Small/Large Family Day Care and General Day Care, Chapter 18.02.040 New definitions that are consistent with State law for Small and Large Family Day Care are proposed as follows:
PDP‐16‐016, Introduction of Large Family Day Zoning Amendments October 18, 2016 Page 3 of 8
Small Family Day Care means a home that regularly provides care, protection, and supervision for 8 or fewer children under 18 years of age in the provider’s own home (including children under the age of 10 years who reside at the home) for periods of less than 24 hours per day while the parents or guardians are away. Large Family Day Care means a home that regularly provides care, protection, and supervision for 9 to 14 children under 18 years of age in the provider’s own home (including children under the age of 10 years who reside at the home) for periods of less than 24 hours per day while the parents or guardians are away. In reviewing the principally permitted uses for Large Family Day Care, it became apparent that it would be beneficial to re‐define General Day Care. The key distinction between Large Family Day Care and General Day Care is that the latter is a commercial use, versus Large Family Day Care which is considered an incidental residential use by definition. Therefore, General Day Care has been re‐defined as a commercial use. The newly proposed definition and revised Use Classification (Sec. 18.03.030(D) for General Day Care is as follows: General Day Care means non‐medical care and supervision, other than family day care, for children or adults for periods of less than 24 hours per day, including nursery schools, preschools, and day care centers for children or adults licensed by the state of California. D. Day Care, General. Provision of nonmedical care for seven or more persons on a less than twenty‐four‐hour basis. This classification includes nursery schools, preschools and day‐care centers for children or adults. Replace Day Care Use Classifications, Chapter 18.03 The Residential Use Classifications for Large Family Day Care and Limited Day Care would be replaced with the new definitions in Section 18.03.030 as follows: B. Day Care, Large Family. Nonmedical care and supervision of seven to twelve persons, inclusive, on a less than twenty‐four‐hour basis. This classification includes nursery schools, preschools, and day‐care centers for children and adults licensed by the state of California. Large Family Day Care means a home that regularly provides care, protection, and supervision for 9 to 14 children in the provider’s own home (including children under the age of 10 years who reside at the home) for periods of less than 24 hours per day while the parents or guardians are away. C. Day Care, Limited. Nonmedical care and supervision of six or fewer persons on a less than twenty‐four‐hour basis. This classification includes nursery schools, preschools, and day‐care centers for children and adults licensed by the state of California.
PDP‐16‐016, Introduction of Large Family Day Zoning Amendments October 18, 2016 Page 4 of 8
Small Family Day Care means a home that regularly provides care, protection, and supervision for 8 or fewer children in the provider’s own home (including children under the age of 10 years who reside at the home) for periods of less than 24 hours per day while the parents or guardians are away. Residential Use Regulations, Chapter 18.06.020 Small Family Day Care would be added as an allowable use in all residential zones. The currently noncompliant provisions for “Limited Day Care” would be deleted, and replaced with the newly defined use of Large Family Day Care as an allowable use in all residential zones as follows: Table A‐1 SCHEDULE OF RESIDENTIAL USES Residential Uses Allowed by Zoning Single‐family All R Districts Two‐family R‐2, R‐3 Multifamily R‐3 Small Family Day Care All R Day Care, Limited Large Family Day Care All R New Large Family Day Care Use Regulations, Chapter 18.06.025 The only statutorily allowed land use regulations that City’s may apply on Large Family Day Care operations are development standards related to: 1) spacing and concentration of facilities, 2) parking, 3) traffic operations in passenger loading/unloading, 4) noise levels, 5) screening of outdoor play areas, and 6) referencing required compliance with regulations administered by other agencies. To this end the following development standards are recommended to be added to Section 18.06.025 “Use Regulations” in a new underlined subsection section “L.” below to have minimally heightened review parameters:
L. Large family day care is allowed incidental to a residential use in all residential zoning districts subject to a determination by the Community Development Director that the large family day care conforms to all of the following: 1.
Concentration of Uses. No more than one large family day care shall be permitted within 300 linear feet of the property line of any existing large family day care.
2.
Parking. On‐site parking beyond that required for the residential use shall not be required.
3.
Passenger Loading. In addition to available on‐street loading, a minimum of one passenger loading space shall be provided on the site during pick‐up and drop‐off periods.
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4.
Noise. Operation of a large family day care shall conform to the noise limitations of Municipal Code Chapter 9.23.
5.
Screening of Outdoor Play Areas. A solid fence in conformance with the requirements of this Chapter shall be provided to screen outdoor play areas located in the rear yard.
6.
Residency. The operator of a large family day care must be a full‐time resident of the dwelling unit in which the day care is located.
7.
Garage. No portion of a garage providing “required” parking shall be utilized for the day care.
8.
Fire and Building Code Requirements. Large family day care shall conform to the requirements of the State Fire Marshall.
9.
State and Other Licensing. Large family day care shall be State licensed and operated according to all applicable State and local regulations.
Commercial Use Regulations, Tables Chapters 18.07.020A and 18.08.020A The Residential Use matrix for the Commercial Zones (C‐D, Commercial Downtown, C‐R, Commercial ‐ Residential, C‐VS, Commercial Visitor Serving and C‐G, Commercial General) would be amended as follows: Key
Residential Uses
C‐D Zoning
C‐R Zoning
UP
UP
D‐1
Group Residential
D‐2
Large Family Day Care
UPOK
UPOK
D‐3
Limited Day Care Small Family Day Care
UPOK
UPOK
D‐4
Limited Residential Care
UP
UP
D‐5
Multi‐Family Residential
UP
UPCC
D‐6
Single‐Family Residential
UP
OK
C‐VS Zoning
C‐G Zoning
NO
OK
Key
Residential Uses
D‐1
Group Residential
D‐2
Large Family Day Care
NOOK
OK
D‐3
Limited Day Care Small Family Day Care
NOOK
OK
PDP‐16‐016, Introduction of Large Family Day Zoning Amendments October 18, 2016 Page 6 of 8
D‐4
Limited Residential Care
OK
OK
D‐5
Multi‐Family Residential
NO
UP
D‐6
Single‐Family Residential
UP
UP
Please note that staff had previously identified (and the Planning Commission recommended approval) a code correction in the use table for “D‐5, Multi‐Family Residential” in a change to a permitted use. Upon closer examination staff believes the existing code can remain without further changes because other parts of the code specify that Multi‐Family Residential is allowed within the C‐VS, Commercial – Visitor Serving zone under certain circumstances. Mobile Home Park Use Amendments, Chapter 18.17.020 D. 3. It is also necessary to amend the MHP, Mobile Home Park Zoning District regulations in subsection 18.17.029(D)3, Accessory Uses and Structures, to allow for Small and Large Family Day Care as follows: 3. Day care, limited residential, Small Family Day Care and Large Family Day Care subject to the regulations set forth at Section 18.06.025(CL). These recommended code changes are also provided in “Attachment 1, Exhibit E ‐ Proposed Code Amendments to Chapter 18.17 – MHP, Mobile Home Park Use Regulations.” Supportive/Transitional Housing to Replace Limited/General Residential Care, Chapter 18.03 .030 During the code drafting process for the Large Family Day Care amendments staff discovered internal inconsistencies between the definition of “Limited and General Residential Care,” and the recently adopted (September, 2015) definitions for residential housing amendments pertaining to Supportive Housing and Transitional Housing in the Commercial Zones. In particular, the current code provisions for Limited and General Residential Care do not align with the recently adopted and Definitions and Use Classifications for Supportive Housing and Transitional Housing. Therefore, these outdated definitions and use classifications are to be replaced as follows: “Section 18.03.030(J) ‐ Supportive Housing means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. F. Residential Care, Limited. Twenty‐four‐hour nonmedical care for six or fewer persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those services and facilities licensed by the state of California.
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Section 18.03.030(K) ‐ Transitional Housing means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance.” K. Residential Care, General. Twenty‐four‐hour nonmedical care for seven or more persons, including wards of the juvenile court, in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those services and facilities licensed by the state of California. This means that Supportive and Transitional Housing needs to be included where residential uses are allowed in the Commercial Zones (C‐D, Commercial Downtown, C‐R, Commercial – Residential, C‐VS, Commercial – Visitor Serving, and C‐G, Commercial General). For example, the current code is out of conformance with the State Housing Law in this regard because a Use Permit is currently required (for Limited Residential Care) in both the C‐D, Commercial Downtown, and CR, Commercial‐Residential Zoning Districts, which is proposed to be reclassified to Supportive and Transitional Housing as a principally permitted Residential Use. However, the same requirements for allowing residential uses would continue to apply in all of the Commercial Zones, where a Use Permit is often required for a Residential Use. However, the Supportive/Transitional uses and activity within the residence would be allowed per State law. ENVIRONMENTAL REVIEW (CEQA) Environmental documentation for the ordinance amendments to address Large Family Day Care, Supportive Housing and Transitional Housing was deemed unnecessary as these amendments are currently applicable to the City and the action being undertaken is an administrative task to bring City regulations into compliance and consistency with State Child Care and Housing Laws. CONCLUSION: The Large Family Day Care code amendments are necessary to bring the City’s code into compliance with State Child Care law. Additional amendments were identified in the code drafting process that highlighted the need for further amendments to allow Supportive and Transitional Housing wherever residential uses are allowed in the Commercial Zones for compliance with State Housing Laws. Minor code corrections and changes are also recommended for clarity and consistency in the residential code regulation format. If the City Council approves these amendments, they would become effective upon Coastal Commission certification of the amendments.
PDP‐16‐016, Introduction of Large Family Day Zoning Amendments October 18, 2016 Page 8 of 8
ATTACHMENTS: 1. Draft Ordinance 2. March 22, 2016 Planning Commission Meeting Minutes 3. April 26, 2016 Planning Commission Meeting Minutes
PDP‐16‐016, Introduction of Large Family Day Zoning Amendments October 18, 2016 Page 2 of 8
These amendments are intended to bring the City Zoning Ordinance into conformance with the State Child Care Act and state housing laws. Each City is required to maintain consistency with state laws. The text sections within this report that are formatted in italicized text represent areas of the Zoning Ordinance (Chapter 18 of the Municipal Code) that are recommended to be changed. LARGE FAMILY DAY CARE BACKGROUND: Small and Large Family Day Care facilities have been deemed by the State to be compatible with residential development as accessory residential uses. In 2007 the legislature amended the California Health and Safety Code (Section 1597.465) to expand upon the definitions of Small Family Day Care for eight (8) or fewer children in a provider’s home, and Large Family Day Care for nine (9) to fourteen (14) children in a providers home. The City’s current regulations are preempted by State law. That law requires that Large Family Day Care facilities be permitted in all residential zones. The current Code conflicts with these State laws by defining Limited Day Care as applying to six (6) or fewer persons, when up to eight (8) children are statutorily allowed for Small Family Day Care. Similarly the existing code for Large Family Day Care applies to seven (7) to twelve (12) persons, when State law allows nine (9) to fourteen (14) children for Large Family Day Care. These existing provisions reflected prior State law. Wherever residential development is allowed within the City, State law dictates that Small and Large Family Day Care uses are to be statutorily allowed as accessory/incidental residential uses. This means that any and all other zoning districts allowing residential development must also allow Small and Large Family Day Care facilities. However, if, for example, a residential use is allowed with approval of a Use Permit (residential uses is allowed in the CD, Commercial Downtown district with approval of a Use Permit), the City can require a Use Permit for the residential use, but not for the Small and Large Family Day care operation within the residence. Amendments to several different sections of the Zoning Ordinance are necessary to implement State Child care laws. These code amendments include: 1) Adding “new definitions” of Small and Large Family Day Care and deleting conflicting definitions, 2) Replacing the “use classifications” with these newly defined uses, and 3) Amending all the “Use Regulation” tables for every zone where residential use is allowed to also allow for Small and Large Family Day Care as an incidental accessory residential use. For a more detailed code specific outline of these code amendments please refer to Attachment 2 – “Summary of Large Family Day Care Code Amendments.” New Definitions of Small/Large Family Day Care and General Day Care, Chapter 18.02.040 New definitions that are consistent with State law for Small and Large Family Day Care are proposed as follows:
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Small Family Day Care means a home that regularly provides care, protection, and supervision for 8 or fewer children under 18 years of age in the provider’s own home (including children under the age of 10 years who reside at the home) for periods of less than 24 hours per day while the parents or guardians are away. Large Family Day Care means a home that regularly provides care, protection, and supervision for 9 to 14 children under 18 years of age in the provider’s own home (including children under the age of 10 years who reside at the home) for periods of less than 24 hours per day while the parents or guardians are away. In reviewing the principally permitted uses for Large Family Day Care, it became apparent that it would be beneficial to re‐define General Day Care. The key distinction between Large Family Day Care and General Day Care is that the latter is a commercial use, versus Large Family Day Care which is considered an incidental residential use by definition. Therefore, General Day Care has been re‐defined as a commercial use. The newly proposed definition and revised Use Classification (Sec. 18.03.030(D) for General Day Care is as follows: General Day Care means non‐medical care and supervision, other than family day care, for children or adults for periods of less than 24 hours per day, including nursery schools, preschools, and day care centers for children or adults licensed by the state of California. D. Day Care, General. Provision of nonmedical care for seven or more persons on a less than twenty‐four‐hour basis. This classification includes nursery schools, preschools and day‐care centers for children or adults. Replace Day Care Use Classifications, Chapter 18.03 The Residential Use Classifications for Large Family Day Care and Limited Day Care would be replaced with the new definitions in Section 18.03.030 as follows: B. Day Care, Large Family. Nonmedical care and supervision of seven to twelve persons, inclusive, on a less than twenty‐four‐hour basis. This classification includes nursery schools, preschools, and day‐care centers for children and adults licensed by the state of California. Large Family Day Care means a home that regularly provides care, protection, and supervision for 9 to 14 children in the provider’s own home (including children under the age of 10 years who reside at the home) for periods of less than 24 hours per day while the parents or guardians are away. C. Day Care, Limited. Nonmedical care and supervision of six or fewer persons on a less than twenty‐four‐hour basis. This classification includes nursery schools, preschools, and day‐care centers for children and adults licensed by the state of California.
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Small Family Day Care means a home that regularly provides care, protection, and supervision for 8 or fewer children in the provider’s own home (including children under the age of 10 years who reside at the home) for periods of less than 24 hours per day while the parents or guardians are away. Residential Use Regulations, Chapter 18.06.020 Small Family Day Care would be added as an allowable use in all residential zones. The currently noncompliant provisions for “Limited Day Care” would be deleted, and replaced with the newly defined use of Large Family Day Care as an allowable use in all residential zones as follows: Table A‐1 SCHEDULE OF RESIDENTIAL USES Residential Uses Allowed by Zoning Single‐family All R Districts Two‐family R‐2, R‐3 Multifamily R‐3 Small Family Day Care All R Day Care, Limited Large Family Day Care All R New Large Family Day Care Use Regulations, Chapter 18.06.025 The only statutorily allowed land use regulations that City’s may apply on Large Family Day Care operations are development standards related to: 1) spacing and concentration of facilities, 2) parking, 3) traffic operations in passenger loading/unloading, 4) noise levels, 5) screening of outdoor play areas, and 6) referencing required compliance with regulations administered by other agencies. To this end the following development standards are recommended to be added to Section 18.06.025 “Use Regulations” in a new underlined subsection section “L.” below to have minimally heightened review parameters:
L. Large family day care is allowed incidental to a residential use in all residential zoning districts subject to a determination by the Community Development Director that the large family day care conforms to all of the following: 1.
Concentration of Uses. No more than one large family day care shall be permitted within 300 linear feet of the property line of any existing large family day care.
2.
Parking. On‐site parking beyond that required for the residential use shall not be required.
3.
Passenger Loading. In addition to available on‐street loading, a minimum of one passenger loading space shall be provided on the site during pick‐up and drop‐off periods.
PDP‐16‐016, Introduction of Large Family Day Zoning Amendments October 18, 2016 Page 5 of 8
4.
Noise. Operation of a large family day care shall conform to the noise limitations of Municipal Code Chapter 9.23.
5.
Screening of Outdoor Play Areas. A solid fence in conformance with the requirements of this Chapter shall be provided to screen outdoor play areas located in the rear yard.
6.
Residency. The operator of a large family day care must be a full‐time resident of the dwelling unit in which the day care is located.
7.
Garage. No portion of a garage providing “required” parking shall be utilized for the day care.
8.
Fire and Building Code Requirements. Large family day care shall conform to the requirements of the State Fire Marshall.
9.
State and Other Licensing. Large family day care shall be State licensed and operated according to all applicable State and local regulations.
Commercial Use Regulations, Tables Chapters 18.07.020A and 18.08.020A The Residential Use matrix for the Commercial Zones (C‐D, Commercial Downtown, C‐R, Commercial ‐ Residential, C‐VS, Commercial Visitor Serving and C‐G, Commercial General) would be amended as follows: Key
Residential Uses
C‐D Zoning
C‐R Zoning
UP
UP
D‐1
Group Residential
D‐2
Large Family Day Care
UPOK
UPOK
D‐3
Limited Day Care Small Family Day Care
UPOK
UPOK
D‐4
Limited Residential Care
UP
UP
D‐5
Multi‐Family Residential
UP
UPCC
D‐6
Single‐Family Residential
UP
OK
C‐VS Zoning
C‐G Zoning
NO
OK
Key
Residential Uses
D‐1
Group Residential
D‐2
Large Family Day Care
NOOK
OK
D‐3
Limited Day Care Small Family Day Care
NOOK
OK
PDP‐16‐016, Introduction of Large Family Day Zoning Amendments October 18, 2016 Page 6 of 8
D‐4
Limited Residential Care
OK
OK
D‐5
Multi‐Family Residential
NO
UP
D‐6
Single‐Family Residential
UP
UP
Please note that staff had previously identified (and the Planning Commission recommended approval) a code correction in the use table for “D‐5, Multi‐Family Residential” in a change to a permitted use. Upon closer examination staff believes the existing code can remain without further changes because other parts of the code specify that Multi‐Family Residential is allowed within the C‐VS, Commercial – Visitor Serving zone under certain circumstances. Mobile Home Park Use Amendments, Chapter 18.17.020 D. 3. It is also necessary to amend the MHP, Mobile Home Park Zoning District regulations in subsection 18.17.029(D)3, Accessory Uses and Structures, to allow for Small and Large Family Day Care as follows: 3. Day care, limited residential, Small Family Day Care and Large Family Day Care subject to the regulations set forth at Section 18.06.025(CL). These recommended code changes are also provided in “Attachment 1, Exhibit E ‐ Proposed Code Amendments to Chapter 18.17 – MHP, Mobile Home Park Use Regulations.” Supportive/Transitional Housing to Replace Limited/General Residential Care, Chapter 18.03 .030 During the code drafting process for the Large Family Day Care amendments staff discovered internal inconsistencies between the definition of “Limited and General Residential Care,” and the recently adopted (September, 2015) definitions for residential housing amendments pertaining to Supportive Housing and Transitional Housing in the Commercial Zones. In particular, the current code provisions for Limited and General Residential Care do not align with the recently adopted and Definitions and Use Classifications for Supportive Housing and Transitional Housing. Therefore, these outdated definitions and use classifications are to be replaced as follows: “Section 18.03.030(J) ‐ Supportive Housing means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. F. Residential Care, Limited. Twenty‐four‐hour nonmedical care for six or fewer persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those services and facilities licensed by the state of California.
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Section 18.03.030(K) ‐ Transitional Housing means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance.” K. Residential Care, General. Twenty‐four‐hour nonmedical care for seven or more persons, including wards of the juvenile court, in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those services and facilities licensed by the state of California. This means that Supportive and Transitional Housing needs to be included where residential uses are allowed in the Commercial Zones (C‐D, Commercial Downtown, C‐R, Commercial – Residential, C‐VS, Commercial – Visitor Serving, and C‐G, Commercial General). For example, the current code is out of conformance with the State Housing Law in this regard because a Use Permit is currently required (for Limited Residential Care) in both the C‐D, Commercial Downtown, and CR, Commercial‐Residential Zoning Districts, which is proposed to be reclassified to Supportive and Transitional Housing as a principally permitted Residential Use. However, the same requirements for allowing residential uses would continue to apply in all of the Commercial Zones, where a Use Permit is often required for a Residential Use. However, the Supportive/Transitional uses and activity within the residence would be allowed per State law. ENVIRONMENTAL REVIEW (CEQA) Environmental documentation for the ordinance amendments to address Large Family Day Care, Supportive Housing and Transitional Housing was deemed unnecessary as these amendments are currently applicable to the City and the action being undertaken is an administrative task to bring City regulations into compliance and consistency with State Child Care and Housing Laws. CONCLUSION: The Large Family Day Care code amendments are necessary to bring the City’s code into compliance with State Child Care law. Additional amendments were identified in the code drafting process that highlighted the need for further amendments to allow Supportive and Transitional Housing wherever residential uses are allowed in the Commercial Zones for compliance with State Housing Laws. Minor code corrections and changes are also recommended for clarity and consistency in the residential code regulation format. If the City Council approves these amendments, they would become effective upon Coastal Commission certification of the amendments.
PDP‐16‐016, Introduction of Large Family Day Zoning Amendments October 18, 2016 Page 8 of 8
ATTACHMENTS: 1. Draft Ordinance 2. March 22, 2016 Planning Commission Meeting Minutes 3. April 26, 2016 Planning Commission Meeting Minutes
