Ordinance - 1895ORDINANCE NO. 1895
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL
CODE, CHAPTER 26 (ZONING), AS IT RELATES TO LARGE FAMILY
DAY CARE FACILITIES (AMENDMENT NO. 246).
• WHEREAS, Chapter 3.6 of the California Child Day Care
Facilities Act (Health and Safety Code 1596.70 et seq.) addresses
the shortage of quality child care, in the State of California, and
is expressly intended to facilitate the expansion ofaffordable,
quality licensed child care services in a traditional home setting;
and
WHEREAS, some subjectivity may exist when enforcing certain
standards contained in the current ordinance regulating large
family day care homes; and
WHEREAS, upon the advise of the City Attorney, an amendment to
the current standards is in order to establish a more objective set
of criteria when implementing large family day care homes; and
WHEREAS, the proposed amendment is consistent with ongoing
efforts to establish a more objective code, and will also set a
positive tone in the administrative process for licensing large
family day care homes; and
WHEREAS, the Planning Commission, upon giving the required
notice, did on the 24th day of February 1992, conduct a duly
advertised public hearing as prescribed by law; and
WHEREAS, the City Council of the City of West Covina
considered evidence presented by the Planning Department, Planning
Commission, and other interested parties at a duly advertised
public hearing on the 17th of March, 1992; and
WHEREAS, the oral and documentary evidence considered in
connection with the ocde amendment reveal the following facts:
1. State Legislation generally "preempts" any local
jurisdiction's regulation of day care homes, except as
expressly allowed.
2. State Legislation has declared both small and large
family day care homes a residential use of property.
3. Only in the case of large family day care homes does the
state allow regulation, and only in the manner of
prescribing "reasonable standards" in four areas -
traffic, parking, noise, and spacing and concentration.
4. In an effort to alleviate any areas of potential conflict
between state law and the existing code, a more objective
set of criteria, which falls under the area of
permissible local regulation for the licensing and
monitoring of large family day care homes, has been
developed.
5. Said criteria shall be incorporated into the existing
large -family day care homes provisions in the zoning code
in a manner which encourages the development of licensed
large family day care homes within West Covina and
guarantees the health and safety of these homes.
0144-92/C:CC/A246DACA.RE/em
Ordinance No. 1895
Amendment No. 246 - Day Care
March 17, 1992 - Page 2
NOW, THEREFORE, the City Council of the City of West Covina
does ordain as follows:
SECTION NO, 1: Based on the evidence presented and findings set
• forth, Amendment No. 246 is hereby approved as consistent and
serves to further implement the city's General Plan.
SECTION NO. 2: Based on the evidence presented and findings set
forth, Chapter 26 (Zoning) of the West Covina Municipal Code is
hereby amended to read as follows:
DIVISION 7. LARGE -FAMILY
DAY CARE HOMES
Sec. 26-287. Planning director may grant permit.
+a+ When an applieatien has been reviewed and adequately.
enentrates neighberheed eempatibiiity with regard to neasy
t-r affie, and -pa g (threught euse-ef but net lifaited t e- masenry
eemplies--withthe following standards!
(a) Purpose. The purpose of this division is to establish a
regulatory process that encourages the development of licensed
large family day care homes within this city. This section
acknowledges Chapter 3.6 of the California Child Day Care
Facilities Act, which addresses the dire shortage of quality child
care in this state and which'is expressly intended to facilitate
the expansion of child care services in a traditional home setting
(b) Permit. These purposes will be accomplished by reauirin
a permit to be issued pursuant to the provisions of Health and
Safety Code Section 1597.46 (a)(3). Such permit shall be granted
by the Planning Department Director. The permit shall be granted
if the Large Family Day Care Home complies with all city ordinances
Prescribing reasonable standards restrictions and requirements
concerning spacing and concentration traffic control parking and
noise standards (taking into consideration the noise levels
generated by children). Furthermore the Large Family Day Care
Home shall comply with Health and Safety Code Section 1597.46 (dj
which sets those additional standards regarding the fire and life,
safety of the children in these homes as published in Title 24 of
the California Administrative Code, and anv reaulations adonted by
(c) Criteria. The following requirements shall apply prior to
the issuance of a permit pursuant to this division:
(1) The facility is the principal residence of the provider
and the use is clearly incidental and secondary to the
use of the property for residential purposes.
(2) No structural changes are proposed which will alter the
character of the single-family residence.
(3) Provisions have been made to provide ati i __a
^"-street on -site parking spaee for each pe-r employee.
The residential driveway, garage, carport or any other
designated parking area in a multiple family type
development is acceptable if the parking space will not
conflict with any required child drop-off/pick-up area
and does.not block the public sidewalk or right-of-way.
0144-92/C:CC/A246DACA.RE/em
Ordinance No. 1895
Amendment No. 246 - Day Care
March 17, 1992 - Page 3
(4) Residences located on major arterial streets must provide
a drop-off/pick-up area designed to prevent vehicles from
backing onto the major arterial roadway.
• -5+ The preyid=r _"all eemply with all -CC l -mil e _ - - J ul a}-----
ef the fire department regarding health and safety
r-,I . re. e t s
65 The provider has secured a large -family day care home
license from the State of California, Department of
Social Services.
The noise regulations set forth in Chapter 15, Article
IV. shall apply, taking into consideration the noise
levels generated by children.
{-7} The faeility %A34 be-epera-ted in a manner whieh will net
adversely of f eet adj e-�g res ide? ees nerbdecrimenterl
to the -eharaeter-e€-the residential neighberheed.
Traffic generated by the Large Family Day Care Home shall
be consistent with the past traffic volumes and patterns
within the surrounding neighborhood.
1.81 Garages shall not be used as a family day care play area
unless alternative on -site covered parking is available
to meet minimum residential parking requirements and the
garage is improved to meet Building and Fire Code
regulations as a habitable space.
(9) There shall be no sign or other exterior evidence
identifvina the day care operation.
-LIOL The applicant shall submit a complete application for a
Large Family Day Care Home Permit to the Planning
Department Director, and shall pay a filing fee. Said
filing fee is established by City Council resolution and
represents the costs of the review and permit process
An application will not be approved if the location of
the use is proposed within 300 linear feet of an existing
large family day care home, as measured from building to
building.
-dj•• The Planning Department shall send notices to all property
owners within one hundred (100) feet of the proposed home. In the
case where the property owner is not the same as the applicant
said owner shall also be mailed same notice. If no hearing is
requested by the day care provider or any interested person
affected by the decision, within fourteen (14) days of the notice,
the planning director may approve or deny the permit. Requests for
hearing must be in writing. If a hearing is requested, the matter
will be heard by the planning commission subject to section 26-205.
The applicant or other affected person may appeal the decision of
the planning commission to the city council within twenty (20) days
subject to section 26-212. The appellant shall pav the cost of the
appeal.
DIVISION 5. HOME OCCUPATIONS
Sec. 26-673. Permitted uses..
(c) Services with limited contact with the public on the premises,
specifically limited to:
f6-j Small family day eare heme.
0144-92/C:CC/A246DACA.RE/em
•
Ordinance No. 1895
Amendment No. 246 - Day Care
March 17, 1992 - Page 4
regards te--tra€ie--and
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SECTION NO. 3: The project is considered a categorical exemption
pursuant to Section 15305 (Class 5) of the California Environmental
Quality Act (CEQA) in that it consists of minor alterations in land
use limitations which do not result in changes in land use or
density, inasmuch as day care home facilities are declared by State
legislation to be a residential use of property.
SECTION NO. 4: The City Clerk shall certify to the passage of this
ordinance and shall cause the same to be published as required by
law.
PASSED AND APPROVED this 7th
ATTEST:
V
City Clerk
day of April , 1992.
I, hereby certify that the foregoing Ordinance was duly
adopted by the City Council of the City of West Covina, California,
at a regular meeting thereof held on 7th day of April 1992 , by
the following vote:
AYES: Jennings, Herfert, Manners, McFadden
NOES: � None
ABSENT: None
APPROVED AS TO FORM:
0� .
'City Attorney
0144-92/C:CC/A246DACA.RE/em
/4-
City Cleo.
CERTIFICATION
I, JANET BERRY, Deputy City Clerk of the City of West Covina, State
of California, do hereby certify that a true and accurate copy of
Ordinance No. �was published, pursuant to law, in the San
Gabriel Valley Tribune, a newspaper of general circulation
published and circulated in the City of West Covina.
DATED:9�-
9
Janet Berry, City Clerk
City of West Covina, California