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January 31, 2019, the Zoning Administrator held a public hearing to consider Ms. Rocio's
<br /> application. The Zoning Administrator considered public testimony including several issues
<br /> raised by neighbors concerning traffic, parking and safety, etc. Upon conclusion of the hearing,
<br /> the Zoning Administrator approved the application subject to conditions of approval. On
<br /> February 15, 2019, Joshua Brysk timely filed an appeal of the Zoning Administrator's approval
<br /> of the large family daycare home.
<br /> BACKGROUND
<br /> Legal Background regarding Small or Large Family Day Care Homes
<br /> Family Day Care Homes are regulated by the State of California. The State legislature has
<br /> declared that "family day care homes for children should be situated in normal residential
<br /> surrounds so as to give children the home environment which is conducive to healthy and safe
<br /> development." Further, the Legislature made clear that day care homes are a matter of
<br /> "statewide concern with the purpose of occupying the field to the exclusion of municipal
<br /> zoning, building and fire code and regulations governing the use or occupancy of family day
<br /> care homes for children, except as specifically provided for in this chapter, and to prohibit any
<br /> restrictions relating to the use of single-family residences for family day care homes for
<br /> children as provided by this chapter." (Health & Safety Code section 1597.40(a)) In short, the
<br /> State has preempted local governments from regulating day care homes so long as they meet
<br /> the requirements set forth in state law.
<br /> Health & Safety Code section 1597.46(a), which regulates large family day care homes,
<br /> provides: "A city, county, or city and county shall not prohibit large family day care homes on
<br /> lots zoned for single-family dwellings...[and shall] classify these homes as a permitted use of a
<br /> residential property for zoning purposes." While a city may require an applicant to obtain a use
<br /> permit, it may only prescribe reasonable standards, restrictions, and requirements concerning
<br /> "spacing and concentration, traffic control, parking, and noise control..." (H&S code section
<br /> 1597.46(a)(3))
<br /> Background regarding the Application
<br /> "Small Family Day Care Homes" (those serving up to eight children) are permitted uses in
<br /> residential districts, meaning no conditional use permit approval to serve up to eight children
<br /> would be required. However, in reviewing "Large Family Day Care Homes," as explained
<br /> above, the City may require a use permit and may impose reasonable conditions in order to
<br /> mitigate specific impacts, i.e., spacing and concentration, traffic control, parking, and noise
<br /> issues.
<br /> On October 26, 2018, Ms. Arango submitted a Conditional Use Permit application to expand
<br /> the existing small family daycare home to a large family daycare home. Following noticing of
<br /> this application, staff received a number of comments, both in support and in opposition, to the
<br /> proposed large family day care home. Concerns from nearby residents were focused on traffic,
<br /> parking, noise, and neighborhood safety. A request for hearing was made.
<br /> On January 31, 2019, the Zoning Administrator held a public hearing to consider Ms. Arango's
<br /> application. Numerous persons attended the hearing with persons speaking in favor of the
<br /> application while others spoke against. (See Exhibit E for meeting minutes.) Neighbors raised
<br /> various concerns, including but not limited to comments regarding a former 'drug house' on
<br /> Chardonnay, a registered sex offender within 3/4 mile of the location, rear fencing at the site,
<br /> parking, increased traffic, and declining home values. During the hearing, staff and the Zoning
<br /> P18-0314, 3149 Chardonnay Drive Planning Commission
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