STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE AUTHORITY

Introduce and Waive the First Reading of Ordinance No. 854 approval of a City Initiated Zoning Text Amendment (No. ZTA 19-04) Amending the Planning and Zoning Code Related to In-Home Family Day Care Facilities to align with state law. 

Under existing law, the California Child Day Care Facilities Act, the State Department of Social Services licenses and regulates family daycare homes. Under existing law, a small family daycare home, which may provide care for up to 8 children, is considered a residential use of property for purposes of all local ordinances. Previous law authorized a city or county to either classify a large family daycare home, which may provide care for up to 14 children, as residential use of the property or to provide a process for applying for a permit to use the property as a large family daycare home. The City of Coalinga currently requires a conditional use permit for a large in-home family day care facility. With the passage of Senate Bill 234, this  changed the requirement and now treats large family daycare home as a residential use of property for purposes of all local ordinances.

Due to this change staff has amended the City's existing regulations to reflect state law. 

On July 26, 2022 the Planning Commission conducted a public hearing and adopted Resolution No. 022P-004, recommending to the City Council adoption of said ordinance. 

The proposed text amendment amends the permitting requirement for large family daycare facilities from a conditional use permit to being permitted by right.  

A copy of the ordinance is attached for the Council's review and consideration.. 

General Plan/Zoning Consistency: The proposed zoning text amendment is consistent with the general plan policies and implementation measures including zoning consistency for residential uses. These ordinance revisions ensure consistency with state law.  

Public Notification: On July 11, 2022 public hearing notices were posted and emailed to local paper in accordance with local and state regulations.  

Environmental Determination: This text amendment has been reviewed in accordance with CEQA and staff has determined that this ordinance change would not have a detrimental effect on the health, safety and welfare of the community and fall under Section 15061(b)(3) - General Rule Exemption.

The following standard findings must be made for each Zoning Ordinance amendment:

1. The proposed Zoning Ordinance amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
   
   
2. The proposed Zoning Ordinance amendment is consistent and compatible with the goals, policies, and actions of the General Plan, and the other applicable provisions of the Zoning Ordinance.
   
   
3. If applicable, the site is physically suitable (including, but not limited to access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designations and anticipated land uses/developments.
   
   
4. The proposed Zoning Ordinance amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act.