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HomeMy WebLinkAbout02-05 Regulation of Large Family Day Care HomesORDINANCE NO. 02-5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE REGARDING THE REGULATION OF LARGE FAMILY DAY CARE HOMES. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY FIND AS FOLLOWS: WHEREAS, the City of 'Costa Mesa is authorized by California Health and Safety Code Section 1597.46 to regulate Large Family Day Care Homes, including but not limited to restricting the locations of such uses to single-family dwellings and concentration of these use within its jurisdiction; and WHEREAS, the City Council of the City of Costa Mesa has determined that limiting the proximity of large family day care homes on the same street or block to 700 feet from one another will avoid an over concentration, and therefore, reduce the impact on the City's residential neighborhoods. THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Title 13 of the Costa Mesa Municipal Code is hereby amended to read as follows: a. Amend Section 13-37 as follows: "Sec. 13-37. LARGE FAMILY DAY CARE HOMES Applications for large family day care homes shall be submitted to the Planning Division for development review per Chapter III PLANNING APPLICATIONS, prior to the commencement of the use. A large family day care home may only be permitted in a single-family dwelling and shall not be located within 700 feet of an existing large family day care home on the same street or block, unless the applicant applies for and obtains approval of a minor conditional use permit. Pursuant to Section 1597.46 of the State Health and Safety Code, a large family day care home shall not be subject to provisions of the California Environmental Quality Act. The City Council may adopt general standards that may be applied to large -family day care home applications on a case-by-case basis. The final review authority may use these standards to impose conditions upon the approval to achieve the purposes set forth in Section 13-31 and to maintain neighborhood stability and cohesiveness." Section 2. Environmental Determination. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's environmental procedures, and has been found to be exempt. \ Section 3. Inconsistencies. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. Section 4. Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local, State, or Federal law, regulation, or codes dealing with life safety factors. Section 5. Publication. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect thirty (30) days after its final passage. PASSED AND ADOPTED this 18' day of March, 2002 UVu Mayor of the City of Costa Mesa ATTEST: 1�i� I . Ljz-� - Deputy City Cl I k of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE )ss CITY OF COSTA MESA ) APPROVED AS TO FORM 'CITY AT EY I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 02-5 was introduced and considered section by section at a regular meeting of the City Council held on the 4" day of March, 2002, and thereafter passed and adopted as a whole at a regular meeting of the City Council held on the 18th day of March, 2002, by the following roll call vote: AYES: a' 1G o,J, coV/-qL ko f ." &I S'6 AJC NOES: N6,t)6 ABSENT: 0� 6,L),4 /-/,4,L/ IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 19th day of March, 2002. l Deputy CitP Clerk and ex -officio Clerk of the City Co4jcil of the City of Costa Mesa Large Family Day Care Homes Review Criteria and Conditions of Approval REVIEW CRITERIA 1. The large family day care home complies with the intent of the State Legislature as set forth in Section 1597.30 through 1597.621 of the Health and Safety Code which states that "family day care homes for children should be situated in normal residential surroundings so as to give children the home environment which is conducive to healthy and safe development." 2. The location and number of children to be cared for will not be detrimental to the health, safety, and general welfare of the persons residing or working in the neighborhood or be injurious or detrimental to property or improvements in the vicinity. 3. There are no other large family day care homes on the same block or street within seven hundred feet of the property. Proposed large family day care homes within this distance of an existing large family day care home will require approval of a minor conditional use permit (MCUP). In approving a MCUP, the Zoning Administrator may find that unusual characteristics of the proposed use, site, or surroundings result in traffic, parking, or noise impacts at a level comparable to, or less than what would be anticipated if the site met the distance criteria. CONDITIONS OF APPROVAL 1 . This approval is contingent and dependent upon the applicant securing a large family day care home license from the State Department of Social Services, a copy of which shall be submitted to the Planning Division as soon as it is received by the applicant. In addition, the large family day care home shall operate according to all applicable state and local health and safety regulations and shall be subject to additional licensing and inspections by the State. 2. A copy of the conditions of approval must be kept on premises and presented to any authorized City official upon request. 3. Prior to operation, the large family day care home shall be inspected by the City of Costa Mesa Fire Department for compliance with the State Uniform Fire Code. The applicant should contact the Administration Division of the Fire Department at (714) 327-7400 to schedule an inspection. 4. The large family day care home shall conform to all property development standards of the zoning district in which it is located, or by any approved deviances from the zoning code (i.e. minor modification, administrative adjustment, and variance). 5. The large family day care home shall be operated in conformance with the approved site plan (Exhibit "_") and floor plan (Exhibit 6. Use of the garage for day care activities is prohibited. 7. Signs advertising the day care operation are prohibited. 8. The swimming pool area shall be enclosed with a five-foot high fence with a locked gate. 9. The day care operation staff shall consist of the large family day care home operator and employee(s), as stated in the applicant's letter of justification, marked Exhibit "_". Further, the day care operator must be a resident of the home serving as the day care home. 10. One off-street parking space shall be provided for each non-resident employee who drives to the large family day care home. The required parking for the dwelling may be used to satisfy this requirement. 11. The day care operator shall instruct all clients to use on-street parking areas as a drop-off/pick-up area so that children may be safely loaded and unloaded from vehicles; no tandem parking or parking a vehicle in such a manner so that it encroaches into the adjacent sidewalk or street shall be permitted. The day care operator shall submit a traffic management plan describing loading/unloading activity for review and approval by the Planning Division. The use of the day care operator's driveway (except circular driveways) for drop off/pick-up is prohibited. 12. The day care operator shall .instruct clients not to do the following activities: perform u-turns in front of the day care home, double park, block driveways, use driveways as a turnaround (except . circular driveways), and honk vehicle horns. The day care operator shall require all clients to sign a statement of compliance with all applicable rules. 13. The number of additional trips generated by the project shall not impact the existing traffic level of service on street(s). If deemed necessary by the City of Costa Mesa Planning Division, there shall be an attendance schedule prepared by the applicant and subject to review and approval by the Development Services Director or his designee, which provides for the staggering of arrival and departure times to avoid traffic and parking congestion. 14. The large family day care home shall provide care for a maximum of 14 children, as set forth in Health and Safety Code Section 1597.465. 15. The development review herein approved shall be valid until revoked, but shall expire upon discontinuance of the activity authorized hereby for a period of 180 days or more. The development review may be referred to the Zoning Administrator for modification or revocation at any time if the conditions of approval have not been complied with, if the use is being operated in violation of applicable laws or ordinances, or if, in the opinion of the Development Services Director or his designee, any of the findings upon which the approval was based are no longer applicable.