PREPARED BY: LIBBY TYLER DATE OF MEETING: 07/17/2023
SUBJECT:
TITLE
CONDUCT PUBLIC HEARING AND CONSIDER INTRODUCING AN ORDINANCE AMENDING THE SAN PABLO ZONING CODE CHAPTER 17.54, PARKING AND LOADING, SECTION 17.54.020, RESIDENTIAL OFF-STREET PARKING REQUIREMENTS, REGARDING OFF-STREET PARKING REQUIREMENTS FOR FAMILY DAY CARE HOMES
CEQA: Categorically exempt from the provisions of CEQA, in accordance with CEQA Guidelines Section 15378 (CEQA only applies to “projects”) and Section 15061(b)(3) (no possibility for environment effects).
Label
CITY MANAGER RECOMMENDATION
Recommendation
Conduct public hearing; waive first reading; introduce Ordinance
Body
Compliance statements
FY 2023-2025 Council Priority Workplan Compliance Statement
Updating the Zoning Ordinance to remove additional off-street parking requirements for small and large family day care homes would help to promote the City Council Major Policy Goal of Build a Healthy Community, Priority 100. Increase opportunities for residents to participate in local economy.
PUBLIC HEARING NOTICE
A Public Hearing Notice was published in the West County Times (West Contra Costa edition of the East Bay Times) newspaper on Thursday, July 6, 2023.
REQUESTED ACTION
The City Council is requested to hold a public hearing on the proposed amendments to the Zoning Ordinance shown in redline; then to waive the reading of the ordinance and read by title only; and introduce the attached Ordinance including any further revisions. Unless there is an objection from the City Council, the second reading of the ordinance would be placed on the consent calendar for a future meeting with the redlining removed as the final version of the Ordinance.
BACKGROUND
In June 2015, a revised Zoning Ordinance went into effect for the City of San Pablo. This Zoning Ordinance incorporated the land use changes to the City’s General Plan and San Pablo Avenue Specific Plan, which were both adopted in 2011 by the City Council. New zoning designations were established for the City of San Pablo with the adoption of the Zoning Ordinance in 2015.
On January 1, 2019, Senate Bill 234 became effective and was incorporated into the California Health and Safety Code. This Bill requires that all family daycare homes are considered a by-right residential use for the purposes of local ordinances, including zoning ordinances. Under the State Health and Safety Code, family day care is broken into two categories, which are defined as follows:
1. “Large-family day care” means a home that provides family day care for seven to fourteen children, including children under the age of ten who reside in the home, for periods of less than twenty-four hours per day (Health and Safety Code Section 1596.78).
2. “Small-family day care” means a home that provides family day care for eight or fewer children, including children under the age of ten who reside in the home, for periods of less than twenty-four hours per day (Health and Safety Code Section 1596.78).
Pursuant to the passage of SB 234, the City of San Pablo amended its Zoning Ordinance in 2020, as part of a multi-part amendment under Ordinance 2020-02, to define Large Family Day Care and Small Family Day Care uses and to indicate in Table 17.32-A and Table 17-34-A, that these uses are allowed by right in all residential districts.
In recent months, the City was contacted by the Child Care Law Center to request that the City further amend its Municipal Code so that the off-street parking requirements for family day care employees contained in Section 17.54.020 of the Zoning Code be removed because they are considered to be in conflict with Section 1597.45 of the Health and Safety Code, which states that a city or county cannot make special requirements that apply only to the use of a family child care home, even if a zoning permit is not required:
Cal. Health & Safety Code section 1597.45 <https://urldefense.proofpoint.com/v2/url?u=https-3A__leginfo.legislature.ca.gov_faces_codes-5FdisplaySection.xhtml-3FlawCode-3DHSC-26sectionNum-3D1597.45.&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=e7HLN0wmUgSUbJLv1w8d4BBmDnSI3pQNOonwwUQNnCg&m=jAFJxXK5vUz8j3KsqImq56B7R8YooaJLiVPKOnGLcQE&s=3ltoOJKau0Dh1xdF4CmrgbFG20l7b7Hfww-q_FVil2k&e=>:
(a) The use of a home as a small or large family daycare home shall be considered a residential use of property and a use by right for the purposes of all local ordinances, including, but not limited to, zoning ordinances.
...
(e) The provisions of this chapter do not preclude a city, county, or other local public entity from placing restrictions on building heights, setback, or lot dimensions of a family daycare home, as long as those restrictions are identical to those applied to all other residences with the same zoning designation as the family daycare home. This chapter does not preclude a local ordinance that deals with health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction of a local public entity, as long as the local ordinance is identical to those applied to all other residences with the same zoning designation as the family daycare home. This chapter also does not prohibit or restrict the abatement of nuisances by a city, county, or city and county. However, the ordinance or nuisance abatement shall not distinguish family daycare homes from other homes with the same zoning designation, except as otherwise provided in this chapter. [Emphasis Added]
Section 17.54.020 of the San Pablo Zoning Ordinance sets forth off-street parking requirements for residential uses. This section’s requirements are different for different types of residential uses (e.g., single-family dwellings, multifamily dwellings, caretaker residences, etc.). The text describes the requirements for each residential use and specifically calls out requirements for day care facilities that are different from other residential uses. The section currently reads as follows:
Residential off-street parking requirements for automobiles and similar vehicles shall be regulated by the type of use associated with the land. The following off-street parking requirements shall apply in all zoning districts:
…
B. Day Care, Large Family. Two covered spaces plus one space, covered or uncovered, for each employee are required for a large family day care.
C. Day Care, Small Family. Two covered spaces plus one space, covered or uncovered, for each employee are required for a small family day care.
An amendment to this section of the Municipal Code (Section 17.54.020) is recommended at this time to reflect state law surrounding family childcare. This proposed amendment is described in more detail below and is included in the attachments.
PLANNING COMMISSION ACTION
On June 27, 2023, the Planning Commission held a public hearing on the proposed amendments. There were no public comments and no comments by the Planning Commission. The Planning Commission adopted the attached Resolution recommending approval of the Ordinance (5 in favor - 0 opposed).
SUMMARY OF CHANGES
This is a City-initiated text amendment to Section 17.54.020 of the Municipal Code to better reflect Section 1597.45 of the Health and Safety Code, which limits the development standards that may be imposed on small family and large family day cares. The proposed amendment is consistent with the changes to California Health and Safety Code Section 1597.45, pursuant to SB 234, and includes the following revision:
Eliminates the requirement for small and large family day care uses to provide parking spaces for employees and clarifies that such uses are only required to provide the number of parking spaces required for the principal use dwelling unit.
GENERAL PLAN COMPLIANCE
The proposed ordinance is consistent with the following General Plan policies:
ED-G-2: Recruit community-serving retail, neighborhood-serving commercial, healthcare, and entertainment businesses and activities that meet the needs of residents.
ED-G-4: Attract professionals and skilled workers with local jobs to live in San Pablo.
PSCU-I-20: Revise the Zoning Ordinance to facilitate the provision of safe, affordable, conveniently-located, and high quality elder and child-care facilities with flexible hours.
HEA-G-5: Create complete neighborhoods with access to a range of day-to-day goods and services within walking distance, including medical facilities, community services, youth programs, and employment opportunities, to increase the sense of social cohesion among residents.
The proposed ordinance would promote the creation of small, community-serving businesses by eliminating restrictions on creating and operating in-home small family and large family day care centers. This would provide employment for daycare owners and employees, as well as improve access to childcare within the city, making it a more attractive place to live for working professionals and promoting a more tightly-knit community.
ZONING ORDINANCE COMPLIANCE:
By updating the Zoning Ordinance to facilitate its administration and to be consistent with the most recent daycare-related legislation, the proposed amendments are consistent with the purposes of the Zoning Ordinance:
Pursuant to Zoning Ordinance Section 17.01.020, “Purpose,” the purpose of the ordinance is to promote growth of the city in an orderly manner and to promote and protect the public health, safety, peace, comfort, and general welfare in conformance with the general plan. In addition, pursuant to Zoning Ordinance Section 17.32.010, “Purpose,” the ordinance helps to produce healthy, safe, and attractive neighborhoods in San Pablo, consistent with the policy direction in the San Pablo general plan.
The proposed amendment helps to reduce barriers to opening home daycare facilities, and will assist in the expansion of childcare options and support for small businesses, while also upholding the various land use protections contained in the Zoning Ordinance.
CONCLUSION
Staff recommends that the City Council review the proposed amendments, take public testimony, and introduce the attached ordinance amending the Zoning Ordinance (Title 17) Chapter 17.54, Section 17.54.020, regarding compliance with the latest legislation and interpretations regarding parking requirements for home day care facilities, and then adopt it at a subsequent meeting.
FISCAL IMPACT
The proposed amendment would not have a direct fiscal impact on the City of San Pablo. However, it would indirectly assist the local economy by facilitating opportunities for small and large family day home uses by San Pablo residents.
ATTACHMENTS:
Att A - Proposed City Council Ordinance
Att B - Resolution PC23-08 recommending approval of the Zoning Ordinance amendment to the City Council
Att C - Proof of Publication