HomeMy WebLinkAboutORD 03 (2021)ORDINANCE NO. 03 (2021)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, AMENDING SECTIONS 22.08.030 (RESIDENTIAL
ZONING DISTRICT LAND USES AND PERMIT REQUIREMENTS),
SECTION 22,30,040 (NUMBER OF PARKING SPACES REQUIRED),
22,42,040 (CHILD DAY CARE FACILITIES), SECTION 22.42.140
(GROUP HOMES) AND SECTION 22,80,020 (DEFINITIONS OF
SPECIALIZED TERMS AND PHRASES) OF TITLE 22 (DEVELOPMENT
CODE) OF THE DIAMOND BAR MUNICIPAL CODE TO ENACT
UPDATED REGULATIONS PERTAINING TO FAMILY DAY CARE
HOMES IN ACCORDANCE WITH STATE LAW.
WHEREAS, the California Legislature recognizes family day care homes as a
valuable affordable option for child care;
WHEREAS, prior to 2020, California law established that a "small family day care
home," providing care for up to 8 children, was considered a residential use of property
for purposes of all local ordinances, and a city or county was authorized to require a
permitting process to allow residential properties to operate as large family day care
homes, providing care for up to 14 children;
WHEREAS, on September 5, 2019, the Governor signed Senate Bill 234 ("SB
the Keeping Kids Close to Home Act, which took effect on January 1, 20201
amending sections of the Health and Safety Code which requires that a large family day
.are home be treated as a residential use of property for purposes of all local ordinances;
WHEREAS, SB 234 reduced regulatory barriers and streamlined approval
processes to facilitate the establishment of large family day care homes;
WHEREAS, the City must amend the Development Code to be consistent with the
State law;
WHEREAS, on October 26, 2021, the Planning Commission held a duly noticed
public hearing regarding proposed amendments to the Development Code pertaining to
family day care homes, Planning Case No. PL2021-70, and adopted Resolution No.
2021-20 recommending City Council approval of said Development Code Amendments;
WHEREAS, on November 16, 2021, the City Council held a duly noticed public
hearing regarding the proposed Development Code Amendment; and
WHEREAS, the City Council hereby adopts the facts and reasons stated in
Planning Commission Resolution No. 2021-20, a copy of which is on file with the City
Ordinance No. 03 (2021)
Clerk and which is incorporated herein by reference with the same force and effect as if
set forth in full. AL
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
DOES HEREBY ORDAIN AS FOLLOWS.
Section 1. Section 22.08.030 (Residential zoning district land uses and permit
requirements) of Title 22, Chapter 22.08 of the Diamond Bar Municipal Code is hereby
amended to revise Table 2-3 to add family day care homes as a permitted use within the
residential zoning districts and to delete references to large family day care homes and
small family day care homes as follows (deletions in strike+hro gh text and additions
shown in double underline):
TABLE 2-3
ALLOWED USES AND PERMIT REQUIREMENTS FOR
RESIDENTIAL ZONING DISTRICTS
Land Use (1)
RR
RL
RLM
RM
RMH
RH
RH-
30
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Standards
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Section:
RESIDENTIAL USES (4)
Duplexes
P
P
P
P
Family day care homes (51
P
P
P
P
P
P
P
22.42.040
Guest house
P
P
22.42.060
SERVICE USES
Child day care centers
CUP
CUP
CUP
CUP
22A2.040
Child day Gare, large family day
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GUR
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GUR
GUR
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Child day Gare, 6mall family
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22.^i�40
2
Ordinance No. 03 (2021)
KEY TO PERMIT REQUIREMENTS
Symbol
Permit Requirement
Procedure is
in Chapter
P
Permitted use, zoning clearance required 2
22.46
MUP
Conditional use, minor conditional use permit required 2
22.56
CUP
Conditional use, conditional use permit required 2
22.58
Use not allowed see section 22.04.020 h regarding uses not listed
(1) See article VI for definitions of each of the land uses listed.
(2) See chapter 22.48 for development review requirements for all uses.
(3) Radio and television antennas and wireless telecommunications antenna facilities shall be
permitted pursuant to the standards contained within Ordinance No. 04(1999).
(4) The land use category for a group home shall be determined based upon the predominant
operating characteristics of the use. Only one land use category shall be applied to a use at a
time.
(5) Zoning clearance is not required for family day care homes.
Section 2. Section 22.30.040 (Number of parking spaces required) of Title 22,
Chapter 22.30 of the Diamond Bar Municipal Code is hereby amended to revise Table 3-
10 to delete the reference to parking requirements for large family day care homes as
follows (deletions in c+rikethrou h text and additions shown in double underline):
TABLE 3-10
PARKING REQUIREMENTS BY LAND USE AND USE TYPE
Land Use T e
Vehicle S aces Re uired
Recreation, education, public assembly:
Child day care centers
1 space for each 10 children, plus one
space for each employee, plus one space
for each vehicle used in conjunction with
the use, plus permanent drop-off area as
approved by the director.
family home
1 for On addition to
Large day Gare
6paGe eaGh employee,
Section 3. Section 22.42.040 (Child day care facilities) of Title 22, Chapter
22.42 of the Diamond Bar Municipal Code is hereby repealed and replaced in its entirety
to read as follows:
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Ordinance No. 03 (2021)
Sec. 22.42.040. Child day care facilities.
This section establishes standards for the city review of child day care facilities, in
compliance with state law and in a manner that recognizes the needs of day care
operators and at the same time minimizes the effects on surrounding properties. These
standards apply in addition to the other applicable provisions of this Development Code
and requirements imposed by the California Department of Social Services through its
facility licensing procedures. Licensing by the Department of Social Services is required
for child day care facilities.
(1) Standards for family day care homes. The following standards shall apply:
a. Accessory use. In accordance with state law, the use of a home as a family
day care home shall be considered a permitted accessory use of residential
property and shall not require a city business license, use permit or zoning
clearance. All site planning, development, and sign standards of the
underlying zoning district shall apply, and use of residential property as a
family day care home shall not fundamentally alter the nature of the
underlying residential use.
b. Compliance with state laws. All family day care homes shall comply with all
applicable state laws, regulations, and rules governing family day care
homes.
c. Fire department standards. Family day care homes shall comply with all
applicable standards established by the State Fire Marshal, including,
without limitation, standards for such facilities to contain fire extinguishers,
smoke detector devices, carbon monoxide detectors, and required exits.
(2) Standards for child day care centers. The following standards shall apply:
a. Conditional use permit required.
b. Fire department standards. Child day care centers shall comply with all
applicable standards established by the State Fire Marshal, including,
without limitation, standards for such facilities to contain fire extinguishers,
smoke detector devices, carbon monoxide detectors, and required exits.
c. Noise. In order to protect adjacent residential dwellings from noise impacts,
a facility within any residential zoning district may only operate up to 14
hours for each day between the hours of 6:00 a.m. and 8:00 p.m. and may
only conduct outdoor activities between the hours of 7:00 a.m. and 7:00
p.m. Additionally, the facility shall be in full compliance with chapter 22.28
(Noise Control) for the subject zoning district.
Ordinance No. 03 (2021)
d. Fence or wall. A six-foot high solid decorative fence or wall shall be
constructed on all property lines, except in the front yard or within a traffic
safety sight area. Fences or walls shall provide for safety with controlled
points of entry in compliance with chapter 22.20 (Fences, Walls, and
Hedges).
e. Indoor play areas. The facy shall be provided with indoor play areas in
compliance with state requirements. Separate and clearly defined play and
activity areas shall be provided for each age group, including infant, toddler,
preschool and school age children.
f. Outdoor play lot. An outdoor play lot of at least 75 square feet of useable
area for each child, but not less than 450 square feet in area exclusive of
the required front yard setback, shall be provided. The outdoor play lot shall
be located in the rear yard. Stationary play equipment shall not be located
in front and side yards.
Section 4. Subsection (a)(4)(b) of Section 22.42.140 (Group Homes) of Title 22,
Chapter 22.42 of the Diamond Bar Municipal Code is hereby amended to add a reference
to family day care homes as follows (deletions in strikethrew text and additions shown
in double underline):
b. Aparolee-probationer home shall not be located within 1,320 feet of any
other group home, a public or private school (pre-school through twelfth grade),
university, college, child day care center, family day care home and Gente , public park,
library, bar, cocktail lounge, tavern or business licensed for off -site sales of alcoholic
beverages as measured from any point on the outside walls of the parolee/probationer
housing to the nearest property line of the noted use.
Section 5. Subsection (c) of Section 22.80.020 (Definitions of specialized terms
and phrases) of Title 22, Chapter 22.80 of the Diamond Bar Municipal Code is amended
as follows to delete the definitions of "child day care facilities," "large family day care
home" and "small family day care home" and to amend the definition "child day care
center" (deletions in strikethroug- text and additions shown in double underline):
(c) Definitions, "C." The following definitions are in alphabetical order:
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{�} Child day care center. A facility that provides nonmedical care and supervision
of minor children for periods of less than 24 hours, and is licensed by the
California State Department of Social Services. Includes GemmeMial
commercial or non-profit child day care facilities designed and approved to
accommodate 15 or more children. Includes infant centers, preschools, sick-
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Ordinance No. 03 (2021)
child centers, and school -age day care facilities. These may be operated in
conjunction with a school or church facility, or as an independent land use. Does
not include family day care homes.
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Section 6. Subsection (f) of Section 22.80.020 (Definitions of specialized terms
and phrases) of Title 22, Chapter 22.80 of the Diamond Bar Municipal Code is amended
as follows to add a new definition for "family day care home" (deletions in strkethre irrh
text and additions shown in double underline):
(f) Definitions, "F." The following definitions are in alphabetical order:
Family day care _home. A facility that regularly provides care. protection. and
IN
supervision of 14 or fewer minor children, in the provider's home, for periods of
less than 24 hours per day, while the parents or guardians are away. These
facilities are required to be licensed by the California State Department of Social
Services. Children under the age of ten years who reside in the home count as
children served by the day care facility. A family day care home includes a
detached single-family dwelling. a townhouse, or a dwelling unit within a covered
multifamily dwelling in which the underlying zoning allows for residential uses. A
family day care home is where the daycare provider resides, and includes a
dwelling or a dwelling unit that is rented, leased, or owned.
Section 7. The City Council finds that this Ordinance is not subject to the
California Environmental Quality Act ("CEQA") pursuant to the California Code of
Regulations, Title 14, Chapter 3, Sections 15060(c)(2) (the activity will not result in a direct
or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3)
the activity is not a project as defined in Section 15378) because it has no potential for
resulting in a physical change to the environment, directly or indirectly and because the
proposed Development Code Amendments pertain to the regulation of activities that are
themselves statutorily exempt from CEQA pursuant to California Health and Safety Code
Section 1597.45(d) that provides that a small or large family day care home shall not be
subject to the provisions of CEQA.
Ordinance No. 03 (2021)
Section 8. Severability. If any section, clause, phrase, word or portion of this
Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have adopted
this Ordinance and each other section, clause, phrase, word or portion thereof,
irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, words or portions thereof be declared invalid or
unconstitutional.
SECTION 9. The City Clerk shall attest and certify to the passage and adoption of
this Ordinance within 15 days after adoption, cause it to be published or posted in
accordance with California law, and it shall be effective 30 days after adoption pursuant
to Government Code Section 36937.
PASSED, APPROVED and ADOPTED this 7t" day of December, 2021.
THE CITY OF DIAMOND BAR:
Nancy Lyons, Mayor
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the 16th day of November, 2021, and was duly adopted at a
regular meeting of the City Council of the City of Diamond Bar held on the 7th day of
December, 2021, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Liu, Lyons, Tye, MPT/Chou, M/Low
None
None
None
Kri tina Santana, City Clerk
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