HomeMy WebLinkAboutPC Resolution 03-351
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RESOLUTION P.C. 03-35
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, TO RECOMMEND AMENDING THE ZONING ORDINANCE
REGARDING LARGE DAY CARE HOMES
The Planning Commission of the City of Hermosa Beach does hereby resolve as follows:
Section 11. The Planning Commission held a duly noticed public hearing on July 15, 2003, to
consider amending the Zoning Ordinance, Sections 17.04.040 and 17.08.020, Chapter 17.40 and Section
17.40.100, regarding regulation of large day care homes.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider the
subject amendment on July 15, 2003 at which testimony and evidence, both written and oral, was
presented to and considered by the Planning Commission and the Planning Commission recommended
approval of the code amendment.
Section 3. Based on the foregoing, the Planning Commission hereby recommends that the
Hermosa Beach Municipal Code be amended as follows:
1. Amend Section 17.04.040 to read as follows:
General definitions,
1. The definitions for "Day Care Homes" in Section 17.04.040 of Title 17 of the Hermosa Beach
Municipal Code are hereby amended to read as follows:
" `Day Care Home' or `Family Day Care Home' means a home that regularly provides
care, protection, and supervision for 14 or fewer children, in the provider's own home,
for periods of less than 24 hours per day, while the parents or guardians are away, and is
either a large day' care home or a small day care home.
" `Day Care Horne, Large' means a home that provides family day care for 7 to 14
children, inclusive, including children under the age of 10 years who reside at the home,
as set forth in Section 1597.465 of the California Health and Safety Code.
" `Day Care Home, Small' means a home that provides family day care for 8 or fewer
children, including children under the age of 10 years who reside at the home, as set
forth in Section 1597.44 of the California Health and Safety Code."
2. Subsection 17.08.020-D of Title 17 of the Hermosa Beach Municipal Code, pertaining to
permitted uses in the R-1 Zone, is hereby amended to read as follows:
"D. Day care homes, large, as an accessory use to a single family detached dwelling
if a Day Care Permit is approved pursuant to Section 17.40.100."
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3. The title of Chapter 17.40 is hereby amended to read as follows: "CONDITIONAL USE
PERMIT AND OTHER PERMIT STANDARDS". Also, Section 17.40.100 is hereby amended to read'
as follows:
1117.40.100 Large day care homes.
"A. Number of children. Large day care homes are permitted as an accessory use to a single
family detached dwelling if a Day Care Permit is approved pursuant to this Section. Such day care
homes provide care for seven to 12 children, but may also provide care for up to 14 children if all of the
following conditions are met:
661.
At least two of the children are at least six years of age.
662. No more than three infants are cared for during any time when more than 12
children are cared for.
443. The licensee notifies each parent that the facility is caring for two additional
school age children and that there may be up to 13 or 14 children in the home at
one time.
444. The licensee obtains the written consent of the property owner when the day care
home is operated on property that is leased or rented.
"B. Re u.rements for large da care hones. Large day care homes shall conform to the
following requirements:
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1. All facilities shall comply with this section and with any additional requirements
imposed as part of the Day Care Permit or of any other applicable permit.
662. All facilities shall comply with the development standards of the residential
district in which they are located.
443. Parking shall be provided in accordance with the applicable requirements of the
primary residential use of the property.
664. Restrictions to ensure compliance with City noise regulations (Municipal Code
Chapter 8.24) may be placed on the operation of the day care home, including
but not limited to the time and location of outdoor activities.
"C. Findings for approval of lar e day care homes. Large day care homes shall be permitted
by the Director of Community Development. The Director shall approve the Day Care Permit if the
following findings are met:
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1.. The requirements set out in Paragraph B of this Section, preceding, have been
satisfied.
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642. Approval of the application will not create conditions materially detrimental to
the public health, safety and general welfare or injurious to or incompatible with
other properties or land uses in the vicinity in terms of traffic, parking, noise,
concentration of similar uses, or other impacts.
"D. Procedures for review of day care permits. Day Care Permits shall be reviewed in
accordance with the following procedures:
661. Application for a day care permit shall be made to the Director of Community
Development on forms provided by the Director and shall include possession of a
State of California license to operate a large family day care facility and such
information as may be reasonably required by the Director for a complete
understanding of the day care home proposal.
642. The application shall include a listing of the name and address of all owners
shown on the last equalized assessment roll as owning real property within a 100-
foot radius of the exterior boundaries of the proposed large day care home
property. Notification of the proposal shall be mailed to such owners not less
than ten days prior to the date on which review of the application is scheduled.
663. No hearing on the application for a permit issued pursuant to this Section shall be
held unless a hearing is requested by the applicant or other affected person. If a
hearing is requested, the Director shall conduct the hearing.
664.. The Director shall take action on the application in accordance with the
provisions of Paragraph C of this Section. Within 10 calendar days of the
decision, the applicant or other affected person may appeal the decision to the
Planning Commission. The appellant shall pay the cost of the appeal, as set by
the City. Appeals shall be made in writing on forms provided by the Director of
Community Development. The filing of an appeal shall suspend the Director's
decision on the Day Care Permit until resolution of the appeal by the Planning
Commission. In hearing the appeal, the Planning Commission shall conduct a
duly advertised public hearing, public notice of which shall be given at least ten
calendar days prior to said hearing. After considering the appeal, the Planning
Commission may confirm, reverse, or modify the decision of the Director. The
Planning Commission's decision shall be final unless appealed to the City
Council.
"E. No chap yze of occupancy. Use of a single family dwelling for a day care home shall not
constitute a change of occupancy under the State Housing Law or City building and fire codes.
"F. No environmental review. In accordance with in Section 1597.46 of the California
Health and Safety Code, the establishment and operation of large day care homes shall not be subject to
the provisions of the California Environmental Quality Act (Division 13 of the Public Resources
Code).,,
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SECTION 5. This code amendment is categorically exempt from environmental review
1 pursuant to the California Environmental Quality Act Guidelines, Section 15305, Class 5: Minor
2 Changes in Land Use Limitations, because the amendment would make minor changes in the regulation
of an accessory land use.
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VOTE: AYES: Kersenboom, Perrotti, Pizer, Tucker
4 NOES: None
5 ABSTAIN: None
ABSENT: Hoffinan
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CERTIFICATION
7 1 hereby certify the foregoing Resolution. P.0 03-35 is a true and complete record of the action taken by
the ,Planning Commission of the City of Hen-osa Beach, California, at their regular meeting of July 15,
e 2003 •�
9 m
to .� - o� lumenl Id, ecretar
Pete 'Ducker, Vic Chairman � y
11 July 15 2003 Date
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