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HomeMy Public PortalAboutOrd. 1288' ' ~ '.i ORDINANCE NO. 1288 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CHAPTER 25, THE OFFICIAL ZONING ORDINANCE, RELATIVE TO LARGE FAMILY DAY CARE HOMES IN ALL RESIDENTIAL. ZONES, SUBJECT TO THE SITE PLAN REVIEW PROCESS THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS: SECTION 1: The City Council hereby finds and determines that "Community Care Facility" shall be deleted in its entirety from Section 25-2. SECTION 2: Section 25-2 "Definition" of the Official Zoning Ordinance is amended by adding new definitions as follows: "Adult Residential Facility" shall mean "Any facility which provides 24-hour non-medical care and supervision to adults as defined and licensed by or under the regulations of the State of California." "Community Care Facility" shall mean any facility, place or building which us maintain and operated to provide non- medical resident care, day care or homefinding agency services .for seven.(7.) or more. children, adults, or children and .adults including,. but not limited to, the physically handicapped, mentally impaired, or incompetent persons; also includes any state licensed facility for six (6) or less wards of juvenile court. "Day nursery, pre-school, or nursery school," shall mean any group of buildings or portions thereof used for the daytime care of 3 or more children aged 7 years or under, at any locatIDn other than their normal residence, excluding any children who normally reside on the premises; also includes all day care uses for children not qualifying as a day care home. "Large Family Day Care Home" shall mean a home in a residential zone with the accessory daytime care of 7 to 12 children, including children who normally reside on the premises, as defined in State Regulations. "Small Family Day Care Home" sha1J, mean a home in a residential zones with the accessory day time care of 1 to 6 children including children who normally reside on the premises, as defined in the State Regulations. "Day care center" shall mean any facility which provides non-medical care to persons 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. Day care center includes all day care uses not qualifying as a day care home. ~` 1 SECTION 3. The last paragraph of Section 25-4.2a shall be deleted in its entirety: "Single family or multiple family dwellings shall not include second units as provided in Section 65852.1 et seq., of the California Government Code." SECTION 4. Sections 25-4.2 b, c, d, and e shall be deleted in their entirety and new sections added as follows: R-1 R-2 R-3 b. Non-Residential Uses 1. Day Care Center C 2. Day Nursery ., Pre- school, or nursery school (Primary use) C 3. Public or Private elementary or secondary schools C C C 4. Church, Temple, synagogue, shrine or other place of worsh ip C C 5. Public Utility and Public Substations, Reservoirs, Pumping Plants, and similar installations, not including Public Utility Offices C C C 6. Recreation facilities, such as country clubs, tennis and swim clubs, golf courses, with incidental, limited com- mercial uses which are com- monly associated with and directly related to the primary use. C C c. Accessory Uses. Accessory uses permitted in residential zones shall be those which are custo- marily incidental to the use of a building or por- tion thereof as a dwelling. 1. Cabanas P P 2. Covered patios P P 3. Garages, carports and porte cocheres P P 4. Home Occupation, subject P P to the provisions of Section 17-91, et seq., Lynwood Municipal Code C P P P P 2 5. Laundry buildings C C 6. Radio & Television trans- mitting and receiving an- tennas, in accordance with the provisions of Section P P P 25-16.4 herein 7. Recreational buildings C C 8. Storage sheds P P P 9. Swimming pools P P P 10. Tennis courts C C C 11. Small Family Day Care Homes P P P 12. Large Family Day Care Homes SPR SPR SPR Large family day care homes shall be allowed in all residential zones as accessory uses provided that: (a) Site Plan Approval is obtained as provided in Section 25-32 herein. (b) The use complies with the Home Occupation pro- visions of Section 17-91, et seq., of the Lynwood Municipal Code, except that employees shall be allowed, if required by state law for the age of children cared for; the pedestrian or vehicular traffic shall not cause adverse effects upon the neighborhood; and the use may occupy more than 400 square feet of floor space. (c) No other day care use is located in a residential zone within five-hundred (500) feet of the pro- posed location, unless such other day care use is located across a freeway or major highway from the proposed use. (d) The proposed location has control of the off-street parking for employees, without widening the driveway or in any other way paving in the front yard; and adequate off-street parking spaces shall be provided in sufficient number to prevent adverse effects upon the neighborhood. (e) The use shall be limited to the hours of 6:00 a.m., to 6:00 p.m. (f) The applicant is duly licensed by the State of California to conduct this use. (g) Adequate space and facilities are available in the dwelling to provide uncrowded living con- ditions therein. (h) No advertising or signs shall be displayed on the premises. 13. In the multiple-family dwelling units, a maximum of three (3) children shall be permitted, including children under 12 years of age who reside on the premises. 3 ., 14. Secondary housing units as provided in Section 65852.1 et seq., of the Government Code shall not be allowed in residential zones as accessory uses. 15. No two-story accessory building shall occupy any part of a required rear yard setback. In the case of a reversed frontage, no accessory building shall be erected closer than five (5') feet to the lot line of the abutting lot to the rear. SECTION 5. Section 25-4.8 b 2 is hereby amended as follows: "Large Family Day Care Homes," in accordance with Section 25-4.2 c 12 herein." SECTION 6. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, or the application thereof to any persons or place, 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 or its application to other persons or places. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions, or the applications thereof to any person or place, be declared invalid or unconstitutional. First read at a regular meeting of the City Council of said city on the 17th day of March , 1987, and finally ordered published at a regular meeting of said Council held on the 7th day of_enr;l , 1987. AYES: COUNCILPERSON BYORK, HENNINC, MORRIS, 1VELhS, RICHARDS NOES: NONE _ __ ~ ~ ABSENT: NONE - '~ J Paul Richards, Mayor 'ATTEST: '~ G~~~~~~ Andrea Hooper, City Clerk 4 APPROVED AS TO CONTENT: Vicente L. Mas, Director Community Development Dept. APPROVED AS TO FORM: E. Kurt ~age,~ General Counsel D8-l;childcar ~. Fs. s .tµ.: : er: r ~7. ~ ~ __ ,: Y, t 'Yei~Y ": `SA..y,-v F`A Nh r;t ?. , § 1597.45. HEALTH ANI) SAFI:'I'Y CODE a small family dry care home shall Contain a fire extinguisher or smoke detecwr device, or bout, which meets standards established by the State Fve Marshal. (Added by Stats.1989, c. 1253, p. 4376, § 4.) ~ ¥F ~_'~?}. Y e~h77y ) 4s.`,s.` trz .{,)sv i~ N a, n ;~) ~ ~~, r' -9e 5 ,,. >,:, l (kT s"-``r .:it7 rti r„ ~7~ r, a i.;f'i.r'; , ,°; ~`1' {. iYJ $ 1; vy+*v ",, .y t ty~r _j~ n. r. ,;~a~. ` ,~ u, , r 4 L'+, .. ~ 1: ~~'-' - . ;y~•-` t, _ Darlratfoo: Former ¢ 1597.63, aWtlm by Sutz 1981, c IJbnry aefermw 103, p. 725, ¢ 6s, ummded by Suu.t9a2, c. 17A1, P~ 1775, Aayluuu a3. '¢ 67. ~" CJ3 Asylums sad Imatunomd C:uc ,'.,eititir; y§ 5 to N Lw Bn4w Commmur4s Prouetura cLildrm is licensed family tleY+are homes: Cm~the sure mice • home witamt • wamrtt7 (IVaS) 35 S.sq CWn LRev. ,411 , . ' 1807:4&•.,La~ family day earc homes i; ~. : ,~-AB.of @ie following shall apply to large family day care homes: '" ~ ~ ~ .(}) A'city, county; or sty and county sha0 not prohibit large family day care t:uuws .... iots weed '~`~ f i,.aiuglttfamily;dwelinggs, but shall do one of the following: R.. R,(1) Classify tbeee homm as a permitted use of residential property for zoning ptut,;,::i•s , ^~ - (2)`Gran6 a nondiscretionary permit to use a lot zoned for a single•femily dwelluy w :uty large lamily~day care home thatcompliea wiN local orduraams prescribing reasnrrablu ~t...:~..tJ:. resUic- ~ -., g3.n tons,-end requQemenfa-"COOCerning spacing and concentration, traffic control, Nerl:~ng ,tad noisu ~ 'coatrel relatirrgto such homes, and complies with subdivision (d) and any reguladmn, adupt<,d by Cho {' - S(nts ~F}re,Mat~ehal pursuant to [hat aubdiyiaion. Any noise atandart]a shall be wants Wnt with local t` t ~ noise ogdlne¢cee;implementing the noise element of the general plan and shall tab int - eonsideratia, 's, Ure.norae level generated by children. The permit issued pursuant to flue paragraph stall ln: granted _t" . ; by,the~soning administrator. if any, or if there is no coning admirtiskator by the person or persons ,k3 designated ~hy.tbpplannipgagency.to,grent such permits, upon the artificatlon wntwut a hearing. ' ~(3) Require ~any~large family day care home to apply for a permit to use a lot •runed for single-family dwellings. ~ The zoning artminisiraWr, if any, or if Chere is m zoning admiuisG~awr, Ute person or pennons designated by Ne planning agency to handle the use penniti sbatl n;vicw and decide"theapplieaticne:': The~use permit shall lee granted U the large family day care home complies with''1ocp1'~ordihmceea,'if~'auy;~ prescribing reasonable~~standards, restrictions, and reyuirunenta concerning spacing'and~roncentration,~traffic control,~'parking, and noise control rc latint; w such •, hpmes, and complies with subdivision (d) and any,regalations adopted. by the Swtu Fire Marshal pnreuant to;thatlsabdivisipn...Any. noise standards shall, be consistent with local ^utsc ordinances ~`~ implementingthenoise element of the general elan sad shall take into Consideration ti,a noise levels "' generated by children. The local government shall process any required permit as econwnirally as '~ pnilsible,;sad fees eharged~for review shall not exeeed~Ure costa offhe review and permit process. ~'P ~ Not:lms'. than 10 days •priozto the date on, which the decision will be made on the application, the ¢~' ~, , zoning; adurinishrator~or' person designated to Frandle,~ such use permits shat] give notice of Ure i ~ i ~ p4'olwseduse-by mm7'or'deGvery to all owners shown on the last equalized assessment roll us owning I;.; ,~' real.property~widtin`a'100 foot radius of fire ~exteriorlaundariee of the proposed largo family day "` ~ ~ . ~caro home..; No hearing on the application for a permit issued pursuant to this paragraph shall be #x ~ ~ :,hsld,~bef_ore; s- deasion is made unless a hearing ie• requested by the applicant or other affected "~ , : • pereon::The appl-spat or. oflrer affeM.ed person may appeal the decision. The appellant shall j>ay the ;'t ~:.•. cost, if any of. the appeal ,,:ia,•-[heBe ,' `ahall~ . age -.Code: T. t ,! a v •- .;k , y Care home shall not be eubjed to the provision of Divisiuu li; (commencing Le Public Resources Code. i="`,°" ' 'r'- . it0fly.dwelling for the purposes of a large family day care borne shall not occupancy for purposes' of Part 1.5 (commencing with Section 7'7010) of _ipB;lfaw), or for purposes of. lscsl buildiugsnd fire codes. care homes shall be considered es singles family residences for the purpose gilding 9Umdards Codo and local building and fire codes, escupt with renpevtt gets specifically designed to promote the fire and life safely u[ Chu children in the STate Fire Marshal pursuant to this subdivision. TLu State (5ru Marshal ilding standards specifically relating W the subject of fire and life safety in comeswhich shall be publiahedin Title 24 of the California Adtninistrativu i shall apply uniformly throughout the atate~and ~ehall include, but not be Underllna IndWetes etmngsa gx ggddltlons by amendment 140 • ,a a: HEA! liudtc, smoke spucif flours .. .: ~, } au}' L larj c Maid. ly res (e) iu su! (Addy f a,, u, t vw. ea ~tm, g 1 r„ 'I'hc pubho CdY, resid, fm~~ih buildi local day a ^^i;;, exrcp (Add. § 1s~ § I:iS g tcs sal~t_ pt'o6~ Il,) unlua opm u reyui (Add, 1 hit, l/li;d, Iva. a,~~u dd. v, wwd eub.nl (IWw roe °~ Iytl. ism , alto ~: ` ~ ~ `. r~' Y ,FETY CODE device, or both, r r~. `~~ t c tt Fa¢ilitw It ! m 6 f, ~ ~ ,.x w c A - ~; a ~ s on lots zoned - •pnses. ,g to any large ndards, reatrio sing, and noise adopted by the ;tent with local " n consideration ' hall be granted :;' '" son or persons ? hoot ti heariog:,.~_~,a,; a r7re Meratral ,~s rise ordutantxa :he notse levels +.'~ .ronomrcally assr/t``~(x .wrmit process ,M1= ,pplimbon the notice of the ', l,'` mll as owning :-:~ ~. rge,famdy day ~` -„° graph shall be .. ` other affected'y'~~` d shall pay the 3 (commencing ,ome shall not lion 17910) nf- ' r the purposes d with respect the children in :~ Fire Marshal I life safety in 4dminiatrative le, but not be r amendment HEALTH AND.BAFETi' COD& limited to: (1) tlre,:rsquirement•that-e"large family daycare -smoke `detector device, or bo(}y. which meets standards eatabll ' epeciflmtion as to thenumber ot~regnitedeldta from the home; •, floors ort which day mre.may'be provided. Enforcement of tl ~. with Sections 15146 and. 13146. "~ No ©ty, manly, city and coot .. any budding;oxdmance.or'•local Fvle or regulation relating to~i .~ large [amlly;~day care homes tbliieti is inconsistent with those Marshal except to the extent thebuilding ordinance or Iocalnd °ly;reardences(n~which day~txre ta,not;provrded.. ,,, ~3,rc~ ,(e) No.later~than•fApnlt1;2195,{,~ttie`StateF71•e:Matalmhehalbe ~" in. subdrvriiionj (d) wd',anY;olltet';,;e5nlatione nece~sary.to~imph (Added by State 1988'e. 1284 =p..-.=.. § -6.) . L,r Rerkw CocamhAea (t~• '. ~ ~ - •~.. Kr< • ,-, IJbnry Rehr Family a?7~homtx'I.onlhartfetif-0etlmnttmis need." Arylmro e,', ed chwga,,. (1981) 21 Senor Clan LRaJ 481: : CJ.S. Aryfih ~,t ~ , § 1597.47: Loeal'pablle an4tlea; restrldfons on bufldlni. M ~`appllptlon of loeel~ordinantxs; abatement of r 1'he provisioile'of tJiis~'e]ia ~ t` 'anftiot be public entity"`Proto pbtcntg`:'iestrxte - d buildil care facility+si tenrr*sa.anrh " 4+=•• ",.. . i by t ~ et; .~ §`1597.52 extinguisher or ire Marshal; (2) fe ti) the floor or le' iti accordance ldopt or enforce rd life safety in '~. ~.. I.v. Y '~' 'i ' ~ rda required , . ~ this section. ~ 5i ,. h, ~4i~stde. t~'~~ dlmenafons• .+ u .. ~unuwi ecanaaras, envtrotuaenttU etandttrds,-or any dthE~r-pthtfer d)itJifB t(te juriadlcnon of s ,. _.:•Iocal pubbc entity ~ The provmloge ~ this chapter'alao shall no[ 6e'mnatflit~tf tti`pP6hfifiit or teatriet 'the abatement;:of nuismces by 4 City; manly, ar city and'twifaty HOWare~, surlt'otdinance or nuisance abaterirentshall not dlahnguiah fam0y~day,care fac5ltlca ifofa other 9•lrgle•faaiily dwellings, except u otherttt9e provided m thm chapter, '+' a '~ 4 .. r (Added byk9fat&1958, e910oogpol a f.,,-¢.O.J, .: ~ :Y' r ~ r, it t ,. ~ 4,,1597.50 RennnlhmW ~~+~ ~ •ia• ~ ~,':pw x c ~- «'. h a ~ ~1697,l0 ~~amended M. Stats.1988.,4 1LT3, p.,'--r~11, . )t~4*1~ .501 ~ Rennmbtxed ~~1697 j0 andemended liy 3teta.l9Sa, 4` 1253 µ;'~'-ii-~r~'t °- , , ,~ ;4 1597.61Rcndmbered 4 1685.821iadaraended by Stata.19f34^ p':.ti ¢ 1°3+"'"'°' , q`' j 7"~ ;"'~~h.:c;: ~r, t > r`k,* . . G 1815. ~ " 4 1697 6&~zLimitatlop of'.Ilce ~ ' r , . - nalrti;revlews lo. health snd ;safety eonsiderritfJo reaper{' .. • l,.c "d~ `~tte9ulremedt for prmtdei of large frunily day ogre homq '. n~ ence w"rx't*:sr*t jai.,, r " (a) Lcenamg:revrewrg of.'~ a • i famt7y daycare home for ch6t~n s~all beWlritz~~fo h sflth and safety considerahona-ahd'sha5 not tazladaiany reviews of~the~coatent of eny'edncational or tratiibrg programs of Che faei5ty. (b) No home~ehall•.tie licenaedor regieteretl u a large family day care home after Jiutunry; 1, 1984, unless the provider has` at least one ~ear'~s experience as a regulated small faml7y day. car's home operator or as an edmmiatratot of a licensed • • 'day care center. The director cosy waive this requirement upon a finding that the applicant hsa sufficient tpralif ping. experience.. (Added by State:1981; e. 102, p. 719, 408, urgency, eff June 26,-;1981. Amemled~bg `9tata.1981, c. 1162, p. 4651,q 8 Stete.1983 C 1293, p. -, § 8; Stara 1984,'c:`1815' -~- 13;''31ats.1985, c. 1064, P• -, ¢•80:)t.,!" ~ ~ ~ _.. p' 1991 Ammamest. _~'a~ba. (h). addad~ the ~.anna .na ever"~fm ^pw~ed~m.i^ ~h, 1he .eoooe~tm third ,entwm; m, snbd. (c), aflrr "Ilc®,ir,B renews" (b) iu the flip ,enteoee inserted Yamil f~'C is wbd. deleted a mmmti arW:aRer"are and tavlmt of a' wWa. Y~ ofbwine "the ' anted 'YamilY day win home^ for "a.y oi! fidliry" n,d t'ttd°(ns of"; uM .coed ,uhd~ (ej~end (0..' . wbsdturcE "ProtQsms^.;fai "program"; ead„m wbd (d), 1964 ammdmnL ,,Deleted whd,.-(a), (bA (dJ, sad. (0, follow ng~Review m%wM(mled 'Yawry daY,em home" whic4 I>mmined tgtsehxn width public;agmcie,, We Brant- 1,.}. ma Of dCl1Y(~ r am(tet10N 00 Rr1eW Of flRd)y aGy ' 1993 Ameodmmt In ~WTd'(ej dhfdnd'!ttie wbdirubn wire homes, nd`pwidN pemhim 8arnmmempGaum with iota • the first, uW tecaad emtenm try n,Ntlluth,B "How. the ehopter w reaolmiery; i!tad rabdi (c) eM (s) ae AstlMsks ' `:'~ 6tdkate'daltotlontxby atttnttltttertt 141 I '; ~f r x U~ ,'~ ;, 3 a °I f , \ \ `' RESOLUTION NO. 2019 D . T. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD RECOMMENDING CITY COUNCIL ADOPTION OF AN AMENDMENT TO CHAPTER 25, THE OFFICIAL ZONING ORDINANCE, WHICH WOULD ALLOW LARGE FAMILY DAY CARE HOMES WITH A MAXIMUM OF TWELVE (12) CHILDREN IN ALL RESIDENTIAL ZONES, SUBJECT TO THE SITE PLAN REVIEW PROCESS WHEREAS, the Planning Commission did, pursuant to law, conduct a public hearing to consider subject amendment to the Official Zoning Ordinance relative to large family day care homes; and WHEREAS, large family day care homes are presently conditionally permitted in the R-3 zone; and WHEREAS, the Planning Commission carefully considered all pertinent testimony presented in the public hearing; and WHEREAS, the City of Lynwood is a General Law City and the mandates of State law must be implemented; and WHEREAS, the proposed amendment is statutorily exempt from the provisions of the State CEQA Guidelines, as amended (Section 1597.46 (b), Health & Safety Code); Section 1. The Planning Commission hereby finds and determines as follows: A. The proposed amendment as submitted will not adversely affect the surrounding properties. B. Said amendment would not discourage the implementation of long-range goals as set forth in the General Plan with respect to low and medium density residential zones. C. Approval of the proposed amendment, as submitted, would create no additional traffic congestion or noise in the low & medium density residential zones. Section 2. The Planning Commission hereby recommends City Council adoption of the proposed ordinance amendment. APPROVED AND ADOPTED this 10th day of February, 1987, with members of the Planning Commission voting as follows: AYES: Commissioners Kanka, Dove, Gilbert, Pryor, Raymond, Reid, Willi_- NOES: None ABSENT: None Lucille Kanka Chairperson APPROVED AS TO CONTENT: APPROVED AS TO FORM: z~ ,o Vicente L. M s, Director ~ '"~'^~ Community Development De t. E. Kurt P General nsel DS-8;RESO2019