Loading...
HomeMy WebLinkAboutORDINANCES - 01261988 - 88-0106 ORDINANCE NO. 88-1 (Child Care Facilities) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION I: SUMMARY. This ordinance adds Chapter 82-22 to the County Ordinance Code to require the establishment of child care facilities in connection with residential and non-residential developments. SECTION II: FINDINGS. This Board makes the following findings in connection with the adoption of a Child Care Facility Or- dinance: It is the policy of this County to assist and encourage the development of adequate child care, as set forth in the Child Care Component of the Community Facilities Element of the County General Plan, adopted on October 21, 1986. This Ordinance promotes the policy and goals as set forth in the Community Facilities Element of the General Plan. It is a legitimate role of government to promote the provision of a child care system. This Ordinance promotes the public health, welfare and safety of the County. Contra Costa County encourages the participation of parents, providers, public officials and employers in the planning and decision-making process relating to the provision of child care facilities. New development often creates or expands a need for addi- tional child care facilities. The provision of child care facilities pursuant to this Ordinance will help satisfy child care infrastructure require- ments associated with new growth. SECTION III: Chapter 82-22 is added to the County Ordinance Code to read: CHAPTER 82-22 CHILD CARE FACILITIES Article 82-22.2 General 82-22.202 Purpose. The purpose of this chapter is to implement the Child Care component of the Community Facilities Element of the County General Plan. It is the policy of Contra Costa County to assist and encourage the development of adequate, ORDINANCE NO. 88-1 1 affordable child care. It is recognized that the provision of child care requires a partnership between public and private participants and that the role of this County is to establish land use policies and ordinances to promote the establishment of child care facilities and the initiation of child care services in this community. It is further recognized that it is the developers' responsibility to address the child care needs associated with the development of their projects within the County, and that the establishment of such child care facilities and initiation of services will help satisfy the child care infrastructure requirements associated with new growth. Further, it is a policy of this County to encourage, whenever possible, joint use facilities such as but not limited to public schools, churches, parks or other community facilities. (Ord. 88-1 § 3.) 82-22.204 Administration. The community development department shall be responsible to ensure the coordination of child care needs assessment and the provision of information concerning child care, to assist in the preparation of child care programs (where appropriate), and to coordinate the -development of a child care program within County government. (Ord. 88-1 § 3.) 82-22.206 Regulations.. The Board of Supervisors may issue regulations for the administration of this chapter, including procedures and policies. (Ord. 88-1 § 3.) Article 82-22.4 Definitions 82-22.402 General. Unless otherwise specifically provided, the following definitions shall govern the interpretation of this chapter. (Ord. 88-1 § 3.) 82-22.404 "Child care facility." "Child care facility" means an existing or proposed child care facility as defined in Health and Safety Code Section 1596.750. The three basic designations covered under this section are: (1) Small family day care home, as defined in Health & Safety Code § 1596.78(2) (a facility licensed for the care of six or fewer children). (2) Large family day care home, as defined in Health & Safety Code § 1596.78(1) (a facility licensed for the care of seven to twelve children). (3) Child-care center, as defined in Health & Safety Code § 1596.76 (a facility licensed for the care of more than twelve children). "Child care facility" includes the building, modifications to buildings, equipment, and any accessory structures, in which there are programs and personnel licensed by the State for direct child care services including but not limited to shelter, food, education, and play opportunities for fewer than 24 hours per day. (Ord. 88-1 § 3.) 82-22.406 "Project." "Project" means a proposal for the development of land, requiring a land use entitlement, whether residential or non-residential, or both, which conforms to County requirements. A project includes but is not limited to the development of a lot or parcel or larger acreage, conversion of an existing use to a different use, and expansion of a use. (Ord. 88-1 § 3.) ORDINANCE NO. 88-1 2 Article 82-22.6 Permitted Use 82-22.602 Permitted use. A child ca a part of a project shall be a permitted i districts except those designated as heavy allow hazardous.waste disposal. Day care associated with projects as defined in thi consistent with the County general plan, a County regulations and ordinance. (Ord. 88-1 S 3.) 5 Article 82-22.8 Projects re facility provided as n all land use zoning industry or which facilities that are not s chapter shall be nd shall be subject to 82-22.802 Project requirements. The following requirements shall be applicable to all projects. (Ord. 88-1 § 3.) 82-22.804 Pre -application conference. Before filing an application for a land use entitlement, the applicant or develop- er of a project shall confer with the community development department concerning child care needs and programs. (Ord. 88-1 § 3.) 82-22.806 Child care survey. (1) An application for a land use entitlement shall include a survey or assessment of the estimated child care needs caused by the proposed project, together with a response program showing how the child care needs resulting from the project are to be mitigated within Contra Costa County. The response program to mitigate the child care needs of the project shall include information on the location and capacity of existing or proposed child care facilities and how these will be used, established, maintained and operated. The response program shall also include information addressing the affordability of the child care to be provided. If the response program recommends that child care facilities be provided by existing facilities or through proposed facilities of others not part of the project, the applicant or developer shall provide sufficient information to the Community Development Director to determine that the child care needs generated by the project shall be mitigated. (2) The child care survey shall include an assessment of the estimated child care service needs caused by the proposed project. The response program shall shall show how those needs for child care services are to be mitigated within the County including, but not limited to, the manner in which the establishment of those services and the use of child care facilities will be assured by the availability of qualified care providers and related resources. (3) The Community Development Department shall make a determination on the adequacy of the response document no later than 30 days prior to the public hearing on the project. If the Director of Community Development determines that child care needs have not been adequately established or that child care needs not be satisfied for a proposed project, the applicant or developer may be required to enter into a contract with the County providing for the preparation of a report by a consultant selected by the Community Development Department but paid for by the developer, to evaluate and assist in determining child care needs and programs to adequately address those needs for the proposed project. (Ord. 88-1 § 3.) N 82-22.808 Facility required. (1) The developer of a non- residential project having 100 or more potential employees or ORDINANCE NO. 88-1 3 having a floor area of 15,000 gross square..feet or more shall provide for a child care facility (and the initiation of its use) on- or off-site as part of the project consistent with the needs assessment and response program as required by this chapter or shall demonstrate that the child care needs of the project are mitigated through the use of existing facilities. (2) The applicant or developer of a residential project of more than 30 units shall provide a child care facility on- or off-site consistent with the needs assessment and response program required by this chapter or shall demonstrate that the child care needs of the project are mitigated through the use of existing facilities. The new facility constructed by the developer for the purposes of satisfying the requirement of this chapter shall be available on an ongoing basis to satisfy the public need for not fewer than 25 years unless approved for a change of use by the Board on a recommendation by the zoning administrator through a public hearing process. (Ord. 88-1 S 3.) 82-22.810 Integration with other facilities. To the extent possible, child care facilities shall be integrated with other facilities. Cooperative efforts with public and private schools shall be encouraged as the preferred method to provide off-site child care. Coordinated use of recreational or common areas within projects, with churches, parks or community facilities is to be fostered as a secondary method to provide child care facilities. (Ord. 88-1 § 3.) 82-22.812 Deed notification. The developer shall provide deed notification to all purchasers or lessees that a child care facility may be located at any residential unit or lot or in any common area or facility within the project, as determined by the zoning administrator. (Ord. 88-1 5 3.) 82-22.814 Restrictive covenants. The applicant or develop- er shall provide in the covenants, conditions and restrictions, if any, or in similar documents, that a child care facility may be located at any residential unit or lot or in any common area or facility within the project, as. determined by the zoning administrator. (Ord. 88-1 § 3.) Article 82-22.10 Exemptions 82-22.1002 Exemptions. The provisions of this chapter do not apply to the following: (1) Any project, as determined by the director of community development, which will not have a significant child care impact. (2) The significant remodeling or rehabilitation of a residential or non-residential building, provided there is no intensification of the use or enlargement of the building. (3) The significant repair or reconstruction of a building resulting from damage by fire or other natural disaster, provided there is no intensification of the use or enlargement of the building. (4) Any modification or remodel of an existing, legally - established dwelling unit that does not create an additional dwelling unit, or the temporary occupancy of a mobilehome not situated in a mobilehome park. (5) Child care facilities. (6) Any project for which a final development plan approval has been given by the planning agency or for which a development agreement or amended development agreement exists prior to the ORDINANCE NO. 88-1 4 effective date of this chapter, except those projects which include as part of the conditions compliance with this chapter or with the child care requirements of a TSM Ordinance or program. (7) Studio and one -bedroom dwelling units shall not be counted in multi -family residential projects of more than 30 units. (8) Senior housing project. (9) Residential developments with fewer than 30 units. (10) Non-residential projects having fewer than 100 potential employees or having a floor area of fewer than 15,000 gross square feet. (Ord. 88-1 5 3.) SECTION III. SEVERABILITY. If any provision of this ordinance is held invalid or unenforceable by a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the remaining provisions, and the Board declares that it would have adopted each part of this ordinance irrespective of the validity of any other part. SECTION III. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of the supervisors voting for and against it in the Contra Costa Times , a news- paper published in this County. PASSED ON January 26, 1988 by the following vote: AYES: Supervisors Dowers, Fanden, McDeak, Torl.akson, Schroder. NOES: None. ABSENT: None. ABSTAIN: None, ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By Deputyoard LChair SBM (3-2-87) (1-12-88) P -is T) r40 [SEAL] ORDINANCE NO. 88-1 5