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...
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