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Home My WebLink AboutORD NO 3226ORDINANCE NO. 3226 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ~IENDING SECTION 17.04.160 AND SUBSECTION 18 OF SECTION 17.58.020; ADDING SUBSECTION J. TO SECTION 17.10.020 AND ADDING CHAPTER 17.67; AND REPEALING SUB- SECTION B.9. OF SECTION 17.66.020 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO FAMILY DAY CARE HOMES. as BE IT ORDAINED by follows: the Council of the City of Bakersfield SECTION 1. Section 17.04.160 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.04.160 Small family day care homes. "Small family day care homes" are homes which regularly provide family day care, protection and supervision to six or fewer children, including children who reside at the home, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians, other than the provider, are away. SECTION 2. Subsection 18 of Section 17.58.020 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.58.020 Schedule of parking requirements. Off-street parking facilities shall be provided and main- tained for the following specific uses or facilities as follows: 18. Specified Use Day Care Center Required Off-Street Parking Facilities One space for each six children plus one space for each staff member. SECTION 3. Subsection J. of Section 17.10.020 is hereby added to thE. Bakersfield Municipal Code to read as follows: 17.10.020 Uses permitted. The following uses are permitted in an R-1 zone: J. Small family day care homes, as defined in. section 17.04.160, and which comply with the regulations set forth in the California Child Day Care Facilities Act of the Health and Safety Code (Section 1596.70 et seq.). SECTION 4. Chapter 17.67 is hereby added to the Bakersfield Municipal Code to read as follows: Sections: 17.67.010 17.67.020 Chapter 17.67 LARGE FAMILY DAY CARE HOMES Definition. Permitted in residential zones subject to permit. 17.67.010 Definition. "Large family day care home" means a home which provides day care, protection, and supervision to 7 to 12 children, inclusive, including children who reside at the home, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians, other than the provider, are away. 17.67.020 Permitted in residential zones subject to permit. A. Large family day care homes shall be permitted in residential zones by administrative permit issued by the City Manager or his designee. B. A permit for such home shall be issued upon certifi- cation to the City Manager or his designee that the proposed large family day care home complies with State licensing requirements and the following: - 2 - 1. The day care home must be principal residence of the provider, and its use as a day care home must be clearly incidental and secondary to the use of the property for residential purposes. 2. A minimum of one off-street parking space per employee must be provided. For purposes of this section, such off-street parking may be provided in the driveway of the day care home, provided that such parking space will not conflict with the required child drop-off/pick-up area and does not block a public sidewalk or right-of-way. 3. No structural changes or signage are proposed which will alter the character of the single-family residence. 4. The operation of the facility will comply with noise standards contained in the Noise Element of the Bakersfield Metropolitan General Plan. 5. Residences located on major arterial streets must provide a child drop-off/pick-up area designed to prevent vehicles from backing onto the major arterial roadway. 6. The provider shall comply with all applicable regulations of the Bakersfield Fire Department and the State Fire Marshal regarding health and safety requirements. 7. The facility will be operated in a manner which will not adversely affect adjoining residences nor be detrimental to the character of the residential neighborhood. SECTION 5. Subsection B. 9. of Section 17.66.020 of Municipal Code is hereby repealed. the Bakersfield SECTION 6. This ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... - 3 - I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at. a regular meeting thereof held on MAY 17. 1989 , by the following vote: RYES: COUNCILMEMBERS: ~ OeMi~ND. SMITH. RATT'f~ PETF~RSON, McOERMOTT $/,,LVAG6~O NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Smith ~BSTA~NING: COUNCILMEmBERS: None CITY CL~,RK and Ex Officio Clerk. of the Council of the City of Bakersfield APPROVED M~y 17, 1989 MAYOR of the City of Bakersfield APPROVED as to form: 00RD 4 DAYCARE.1 4/14/89 - 4 - Minutes, P1/C, 4/6/89 Page 5 9. PUBLIC HEARING - FOR THE PURPOSE OF AMENDING THE BAKERSFIELD MUNICIPAL CODE RELATING TO CHILD DAY CARE FACILITIES The proposed ordinance relaxes requirements for day care centers and family day care homes. The current zoning ordinance does not make the appropriate distinction between child day care facilities provided for in the State Health and Safety Code. Proposed amendments would provide the appropriate defini- tions and clarify city requirements with regard to such services. Public hearing was opened. There was no one present wishing to speak either in favor or opposition. Motion was made by Commissioner Milazzo, seconded by Commissioner Patrick, Com~nission approved the Negative Declaration and Ordinance adding to and amending Title 17 of the Bakersfield Municipal Code with regard to child day care facilities and recommended same to the City Council, and carried by the following roll call vote: AYES: Commissioners Anderson, Milazzo, Patrick, Cohn NOES: None ABSENT: Commissioners Bjorn, Marino, Rosenlieb '~ 10. RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING DELETION OF ~ MANDATORY GENERAL PLAN ELEMENT HEARINGS UNTIL AFTER THE 2010 GE~ERAL PLAN HEARINGS XR~anning Director Hardisty stated that this resolution was proposed by st~f~for Commission's adoption to better focus on the 2010 General Plan ~rings. He further stated that it is not state law that there _be f~our~ral plan hearings per year, it is required by Council ~ bu lic hearing was~q~ened. Mr. Roger Mcintosh of Ma~n-McIntosh Engineering spoke in opposition because it would require a-~q~ of his clients to wait until after the 2010 Plan process is complete.~... . Mr. Don Lindsay, Oceanic, stated the~y~ave plans to submit possibly more than one item four general plan prb~.ssing. He also stated that he was concerned that the 2010 Plan p~oc~s~_ay~ not go as scheduled. Mrs. Mary Hoggatt, Executive Officer for the Bak~ield Board of Realtors reminded the Commission that they operate o~ system within planning that they make changes everytime there is a me~. Public hearing was closed. AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) County of Kern) SS. CAROL WILLIAMS, Being duly Sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 19th day of May , 19 89 she posted on the Bulletin Board at City Hall, a the following: Ordinance No. 3226 City Council at a meeting held on the 17th and entitled: full, true and correct copy of , passed by the Bakersfield day of May __ , 19 89, AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 17.04.160 AND SUBSECTION 18 OF SECTION 17.58.020; ADDING SUBSECTION J. TO SECTION 17.10.020 AND ADDING CHAPTER 17.67; AND REPEALING SUBSECTION B.9. OF SECTION 17.66.020 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO FAMILY DAY CARE HOMES. /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield NSAOPD -- --