Ordinance - 1779ORDINANCE NO. 1779
AN ORDINANCE OF THE CITY OF WEST COVINA,
CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL
CODE, CHAPTER 26, BY ADDING; ARTICLE II, SECTION
26-42.7, SECTION 26-37.5, AND SECTION 26-53.8;
ARTICLE VI, DIVISION 7, SECTION 26-287(a); AND BY
• AMENDING ARTICLE VI, DIVISION 1, SECTION 26-202(c),
SECTION 26-205; ARTICLE XI, SECTION 26-597;
ARTICLE XII, DIVISION 5, SECTION 26-672(a) AND
SECTION 26-673(c); AS THEY RELATE TO CHILD CARE
FACILITIES. (Amendment No. 218)
WHEREAS, the State of California has revised regulations
regarding certain types of child care facilities and the regulatory
powers of local jurisdictions over such facilities; and
WHEREAS, the Planning Commission, upon giving the required
notice, did on the 20th day of January, 1988, 17th day of February,
1988, and the 2nd day of March, 1988, conduct a duly advertised
public hearing as prescribed by law; and
WHEREAS, studies and investigations made by this
Commission and in its behalf reveal the following facts:
1. Family day care facilities provide a needed service to the
community that contribute to the healthy development of
children in a residential setting.
2. The State of California Health and Safety Code specifies
that large family day care facilities shall be permitted
in Single -Family Residential Zones with reasonable local
restrictions relating only to spacing and concentration,
traffic control, parking, and noise.
3. Under the current zoning ordinance, large family day care
facilities in Single -Family (R-1, R-A) Zones require an
unclassified use permit.
4. A 300 foot distance between facilities is the standard
that is utilized by the State Department of Social
Services as a reasonable requirement that insures
neighborhood compatibility.
5. It has been determined that this project, which consists
of a minor amendment to land use requirements, is
categorically exempt pursuant to Section 15305 (Class 5 -
minor alterations in land use limitation) of the State
CEQA Guidelines and no environmental impact report or
negative declaration of environmental impact is required.6
WHEREAS, based on the evidence presented to the City
Council both oral and documentary, the City Council finds as
follows:
1. That the provision of day care facilities in close
proximity to the user's home will be a benefit to the
parents of children in need of day care services in the
City of West Covina.
2. That this ordinance conforms to the dictates of the State
of California regarding placement and regulations of large
' family day care homes.
Page 2
NOW THEREFORE, the City Council of the City of West
Covina; California, does ordain as follows:
SECTION NO. 1: Based on the evidence presented and the
findings set forth, the above Amendment No. 218 is hereby approved
• as consistent with the City's General Plan and approved for the
regulation of child care facilities.
SECTION NO. 2: That Chapter 26, Article II be amended by
adding Section 26-42.7, Section 26-37.5, and Section 26-53.8 to read
as follows:
ARTICLE II. DEFINITIONS
Section 26-42.7 Day Care Center.
"Day Care Center" means any child day care facility, licensed by the
State of California, other than a family day care home, and includes
infant care centers, preschools, and extended day care facilities.
Section 26-37.5 Child Care Facility.
"Child day care facility" means a facility, licensed by the State of
California, which provides nonmedical care to children under 18
years of age in need of personal services, supervision, or
assistance essential for sustaining the activities of daily living
or for the protection of the individual on less than a 24-hour basis.
Child day care facility includes day care centers, and family day
care homes.
Section 26-53.8 Family Day Care Home.
"Family day care home" means a home, licensed by the State of
California, which regularly provides care, protection and
supervision of children, in the provider's own home, for periods of
less than 24 hours per day, while the parents or guardians are away,
and includes the following:
(1) "Large family day care home" which means a home which provides
family day care to 7 to 12 children, inclusive, including children
who reside at the home".
(2) "Small family day care home" which means a home which provides
family day care to six or fewer children, including children who
reside at the home".
SECTION NO. 3: That Chapter 26, Article XI, Section
26-597, be amended by deleting "child nurseries, schools and care
centers" and by adding "day care centers" to read as follows:
ARTICLE XI. NONRESIDENTIAL USES
Section 26-597
Day care centers
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SECTION NO. 4: That Chapter 26, Article XI, Section
26-597 be amended by adding "Adult care centers," to read as
follows:
ARTICLE XI. NONRESIDENTIAL USES
• Section 26-597
Adult care centers
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SECTION NO. 5: That Chapter 26, Article XII, Division 5,
Section 26-672(a), Section 26-673(c)(1), Section 26-673(c)(6) and
Section 26-673(c)(7) be amended to read as follows:
ARTICLE XII. SPECIAL REGULATIONS FOR UNIQUE USES
DIVISION 5. HOME OCCUPATIONS
Section 26-672. General Conditions and Regulations.
(a) Except where required for state licensing no employment or help
other than the resident members of the resident family.
Section 26-673. Permitted Uses
(c) Services with limited contact with the public on the premises,
specifically limited to:
(1) Nonmedical twenty-four hour care of not to exceed six (6)
persons (adults or children) in need of professional services,
supervision or assistance essential for sustaining the activities of
daily living, or for the protection of the individual. Said number
of six (6) persons shall be in addition to the related family
members living with the person on the residential premises where
such use is conducted.
(6) Small family day care home.
(7) Large family day care home (not permitted within a radius of 300
feet of any other large family day care home). Applicant shall
demonstrate neighborhood compatibility, as approved by the Planning
Director, with regards to traffic and parking, that there is
adequate on and off site parking to facilitate a day care use, and
that there will be adequate noise control measures as not to
unreasonably disturb the peace and quiet of the surrounding
residential neighborhood. See Procedure, Section 26-281.
•
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SECTION NO. 6: That Chapter 26, Article VI, Division 1,
Section 26-202(c) and Section 26-205, be amended to read as follows:
Section 26-202. Filing Fees.
(c) A fifty dollar ($50.00) filing fee shall be paid upon the filing
of an application for a slight modification involving one single
• family lot; or upon the filing of an application for a large family
day care home involving one single family lot.
Section 26-205. Setting Hearings.
All proposals for amending zone boundaries or classifications of
property uses within such zones, or unclassified use permits,
precise plans, amendments and reclassifications as are defined by
this chapter, or the granting of variances or unclassified use
permits, or large family day care homes as provided in this chapter
shall be set by the Secretary of the Planning Commission for public
hearing when such hearings are to be held before the Planning
Commission, by the Clerk of the City Council when such hearings are
to be held by it. The date of the first of the hearings shall be
not less than ten (10) days from the time of filing of an
application or the adoption of a resolution, or the making of a
motion.
SECTION NO. 7: That Chapter 26, Article VI be amended by
adding Division 7, Section 26-287(a) to read as follows:
ARTICLE VI. PROCEDURE, HEARINGS, NOTICES, FEES AND CASES
DIVISION 7. LARGE FAMILY DAY CARE HOMES
Section 26-287. Planning Director May Grant Permit.
(a) When an application has been reviewed and adequately
demonstrates neighborhood compatibility with regard to noise,
traffic, and parking, (through the use of but not limited to
masonry walls, limitation of hours, and location of outdoor play
area) and complies with the following standards:
(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 at a minimum one
off-street parking space per employee. The residential
driveway 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.
(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 provider shall comply with all applicable
regulations of the fire department regarding health and
safety requirements.
/41 (6) The provider has secured a large family day care home
license from the State of California, Department of
Social Services.
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(7) The facility will be operated in a manner which will
not adversely affect adjoining residences nor be
detrimental to the character of the residential
neighborhood.
Planning Department shall send notices to all property owners within
100 feet of the proposed home. If no hearing is requested by the
• day care provider or any interested person affected by the decision,
within 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.
SECTION NO. 8: This Amendment has been determined to be
categorically exempt per Section 153-5, Class 5, of the California
Environmental Quality Act.
SECTION NO. 9: 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 23rd day of May, 1988
Mayor
ATTEST:
City erk
01-
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF WEST COVINA )
I, Helene M. Mooney, City Clerk of the City of West Covina, do here-
by certify that the foregoing Ordinance No. 1779 was regularly in-
troduced and placed upon its first reading at a regular meeting of
the City Council on the 9th day of May, 1988. That,
thereafter, said Ordinance was duly adopted and passed at a regular
meeting of the City Council on the 23rd day of May, 1988
by the following vote, to wit:
AYES: Councilmembers: Tarozzi, McFadden, Lewis, Bacon, Manners
NOES: Councilmembers: None
ABSENT: Councilmembers: None
V
City C
0 APPROVED AS TO FORM:
Fes/
City Attorney
CERTIFICATION
I, JANET BERRY, 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.
Janet Berry, Ci Clerk
City of West Covina, California
DATED: /'qoc-'�o