Title
Report regarding a Planning Commission recommendation to City Council for consideration of California Environmental Quality Act (CEQA) determinations and to adopt amendments to Title 15 (Buildings and Construction) and Title 20 (Zoning) regarding large family daycare homes, accessory dwelling units, and Design Review requirements pertaining to certain residential developments under state law (Claire Lai, Assistant City Attorney and Tony Rozzi, Chief Planner)
Label
RECOMMENDATION
It is recommended that the City Council waive further reading and introduce an ordinance to modify Title 15 (Buildings and Construction) and Title 20 (Zoning) regarding large family daycare homes, accessory dwelling units, and Design Review requirements pertaining to certain residential developments under state law.
MOTION FOR CITY COUNCIL: Move to waive further reading and introduce the ordinance.
Body
BACKGROUND/DISCUSSION
The proposed Municipal Code amendments would make minor modifications with respect to various regulatory areas in response to changes in state law, as outlined below.
Edits relating to State law changes regulating large family daycare homes (Municipal Code Section 20.350.019)
These edits remove special requirements that are currently applicable to large family daycare homes under the Muni Code that are no longer permitted by new state law.
Recently adopted and signed into law, Senate Bill ("SB") 234 amended Health and Safety Code (HSC) Section 1597.45 and established that "a local jurisdiction shall not impose a business license, fee, or tax for the privilege of operating a small or large family daycare home." The amendment to HSC Section 1597.45 further provides that "the use of a home as a small or large family daycare home shall be considered a residential use of property and a use by right for the purposes of all local ordinances, including, but not limited to, zoning ordinances." "Family daycare home" is defined as a facility that regularly provi...
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