HomeMy WebLinkAboutAgenda Report - February 20, 1991 (50)I --
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CITY OF LODI
COUNCIL. COMMUNICATION
AGENDA TITLE: Amend Lodi Municipal Code Section 17.57 by Adding a New Section
Requiring a Minimum of Five Hundred Foot Separation Between Large
Family Day Care Homes
MEETING DATE: February 20, 1991
PREPARED BY: Community Development Director
RECOMMENDED ACTION: That the City Council Council conduct a Public Hearing to
consider approving the Planning Commission's
recommendation to amend Lodi Municipal Code Section 17.57
by adding a new section requiring a minimum of five
hundred foot separation between large family day care
homes.
BACKGROUND INFORMATION: Current State Law provides for three types of family day
care homes or facilities; (1) small residential family
day-care home; (2) large residential family day-care
home; and (3) institutional family day-care facility.
Small residential family day-care homes which are for 1 to 6 children may be located
anywhere in the community with a day-care licence issued by the County agency
authorized by the State. The City has no authority of any kind over these
facilities. Under current law every house on a residential street could be licensed
for day-care for up to six children.
Large residential family day-care homes which are for 7 to 12 children may be
located anywhere in the community with the following City clearances (1) use permit
issued by the Planning Commission; (2) business license; and (3) Fire Marshal
clearance. These are the homes that the Planning Commission feels should be
separated by five hundred feet between facilities. The Commission feels that 2, 3
or 4 of these homes in a close proximity will raise complaints concerning traffic
and noise.
Institutional family day-care facilities which are for 13 or more children require
the same approvals as a large residential family day care home. However, these
facilities have zoning restriction. They are permitted in single-family zones only
if located in a church or school. They are permitted in multiple -family, commercial
and industrial zones with a use permit.
When the Planning Commission approves a use permit for a large residential day-care
home it limits the hours of operation, requires that no more than six children be
permitted in the play yard at any one time, and reviews the use permit after two
years.
APPROVED:
THOMAS A. PETERSON
City Manager
cc -1
CCCD91.1/CO.COM
Amend LMC Section 17.57 - Require 500 -Foot
Separation between large Day Care liomes
February 20, 1991
Page two
The need for establishing the 500 -foot separation grew out of a problem in the area
of Hemlock Drive, Ridge Drive and Alpine Drive where two large day care homes are
almost across the street from each other. There are also 2 or 3 of the smaller day
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care homes in the neighborhood.
M FUNDING: None required.
J es s_ SO der
mnunity Development Director
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Attachments
ORDINANCE NO. 1510
AN ORDINANCE OF THE LODI CITY COUNCIL
AMENDING LODI MUNICIPAL CODE CHAPTER 17.57, BY ADDING A NEW SECTION
REQUIRING FIVE HUNDRED FOOT SEPARATIONS BETWEEN LARGE FAMILY DAY CARE
HOMES
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Chapter 17.57 is hereby amended by
adding thereto a new section requiring a minimum five hundred foot
separation between large family day care homes, as follows:
17.57.170 Large Family Day Care Homes -- Minimum
Separation
Except as otherwise provided by law, no approval for a
large family day care home, as described in California
Health and Safety Code §1597.46, shall be given for any
premises located within five hundred feet of any existing
a
licensed large family day care hone within the City of
Lodi, as measured in a straight line from the nearest
points between the property lines of the two locations.
The City Council hereby finds and declares that such
spacing and concentration requirement is necessary to
avoid adverse impacts on parking and traffic flow in
residential areas, generated by such homes.
SECTION 2. All ordinances and parts of ordinances in conflict
herewith are repealed insofar as such conflict may exist.
SECTION 3. This ordinance shall be published one time in the "Lodi
News Sentinel", a daily newspaper of general circulation printed and
published in the City of Lodi and shall be in force and take effect
thirty days from and after its passage and approval.
Approved this day of
DAVID M. HINCHMAN
Mayor
Attest:
ALICE M. REIMCHE
City Clerk
State of California
County of San Joaquin, ss.
I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify
that Ordinance No. 1510 was introduced at a regular meeting of the City
Council of the City of Lodi held February 20, 1991 and was thereafter
passed, adopted and ordered to print at a regular meeting of said
Council held by the following vote:
Ayes:
Council
Members -
Noes:
Council
Members -
Absent:
Council
Members -
Abstain:
Council
Members -
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I further certify that Ordinance No. 1510 was approved and signed by
the Mayor on the date of its passage and the same has been published
pursuant to law.
Approved as to Form
BOBBY W. McNATT
City Attorney
ORD1510/TXTA.OIV
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ALICE M. REIMCHE
City Clerk
. jos DTICE OF -PUBLIC HEARING
CITY O `O D I Date: February 20, 1991
c,4 • CARNEGIE FORUM
305 West Pine Street, Lodi Time: 7:30 p.m.
For information regarding this Public Hearing
Please Contact:
Alice M. Reimche
City Clerk
Telephone: 333-6702
NOTICE OF PUBLIC HEARING
February 20, 1991
NOTICE IS HEREBY GIVEN that on Wednesday, at the hour of 7:30 p.m., or as
soon thereafter as the matter may be heard, the City Council will conduct a
public hearing to consider the following matter:
a) the Planning Commission's recommendation that the City Council
adopt an Ordinance requiring 500 feet separations between large
family day care homes - 7 to 12 children.
Information regarding this item may be obtained in the office of the
Community Development Director at 221 West Pine Street, Lodi, California.
All interested persons are invited to present their views and comments on this
matter. Written statements may be filed with the City Clerk at any time prior
to the hearing scheduled herein, and oral statements may be made at said
hearing.
If you challenge the subject matter in court, you may be limited to raising only
those issues you or someone else raised at the Public Hearing described In
this notice or in written correspondence delivered to the City Clerk, 221 West
Pine Street, at or prior to the Public Hearing.
By Order Of the Lodi City Council:
Alice M. Reimche
City Clerk
Dated: February 6, 1991
Approved as to form:
City Attorney