TITLE
Recommendation to receive supporting documentation into the record, conclude the public hearing, deny the appeal of Jesse Brown, and sustain the decision of the City Planning Commission to approve a Conditional Use Permit and Standards Variance to allow the operation of a childcare center with less than code required parking at
85 W. Del Amo Boulevard (Case No. 0602-06). (District 8)
DISCUSSION
On January 9, 2007, a public hearing was held by the City Council to consider an appeal of a Planning Commission decision to approve a Conditional Use Permit and Standards Variance for a child day care center. A copy of the staff report is attached for your reference. At that meeting, the City Council voted 5-3 to approve a commercial child care center with a total of 31 children and a Standards Variance for parking. On January 16, 2007, the City Council voted unanimously to reconsider the January 9, 2007 approval, and to conduct a new hearing within thirty (30) days.
As part of this action, the City Council asked that staff determine the maximum number of children the State would allow.
Regarding State requirements, statutes governing childcare are contained in Title 22, Chapter 1 of the State of California Code of Regulations. The statutes call out standards regarding fire clearances, childcare director qualifications, teacher-child ratios, outdoor activity space, and indoor activity space, among others. A summary of these regulations is attached. Section 101179 (See page 2 of attachment 3) describes the factors that are taken into account when the capacity determination is made. Staff consulted with the California Department of Social Services and the City of Long Beach Fire Department to determine the total number of children that could be approved.
According to the Fire Department, Planning Bureau approval is necessary before a determination on the maximum number of children could be made through site inspection and plan check submittal. Their requirements are based upon the total amount of useable floor area (classrooms) of 35 square feet of floor area required per child. Applying this criteria to the proposed plan results in a maximum of 33 children permitted. The State relies on both Planning and Fire Department approvals before determining a maximum number of children. In determining a number, the State has the ability to exercise flexibility in their occupancy determination based on staggered use of the outdoor play area, the number of infants and toddlers being cared for, the population in the area, as well as the number of children approved by the Departments of Planning and Building and Fire. Based6n discussions with State representatives, no definitive /answer on the maximum number of children permitted can be provided until the City acts on the Conditional Use Permit. However, the State will not authorize more children than what the City will allow.
In reviewing this application, staff utilized Municipal Cod'e Standards that require 75 square feet of outdoor play area per child; hours of operation from 6:30 a.m. - 6:30 p.m.; and the number of childcare centers within a % mile of the project site. Staff also consulted with the Department of Social Services and the City of Long Beach Fire Department to determine the total number of children that could be approved by each agency. Fourteen children are permitted at a large family childcare residence, where the operator lives on the premises and the use of the building remains residential. The applicant is requesting permission to convert the residence to a commercial childcare center with a total of 31 children. Staff originally recommended that the total number of children be limited to 20 due to limited parking availability and 1,504 square feet of play area. Staff continues to believe this reduction in the proposed number of children would decrease parking and loading requirements and reduce the potential for impacts on adjacent neighbors.
The Planning Commission conducted a public hearing on November 16, 2006. After considering testimony, the Planning Commission voted 3-0-1 to approve the Conditional Use Permit and Standards Variance to allow 31 children. As a condition of their approval, the Planning Commission required the removal of the existing two-car garage at the rear of the site that is used for storage only. With 31 children, the removal of the garage would provide an additional 500 square feet of outdoor play area. This approval was subsequently appealed by Jesse Brown, an area resident.
Assistant City Attorney Michael J. Mais reviewed this report on January 31,2007.
TIMING CONSIDERATIONS
The City Council determined that the public hearing should be heard within 30 days at the January 16, 2007 City Council meeting, or by February 16, 2007.
A 1 O-day public notice of the hearing is required.
FISCAL IMPACT
[Fiscal Impact]
SUGGESTED ACTION
Approve recommendation.
BODY
[Enter Body Here]
Respectfully Submitted,
LESLIE GENTilE,
CHAIR CITY PLANNING COMMISSION
NAME Suzanne Frick |
APPROVED: |
TITLE Director of Planning and Building |
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GERALD R. MILLER |
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CITY MANAGER |