The cost of preparing this ordinance has been funded by the Department of Conservation and Development, Land Development Fund.
Summary
This is a hearing on a County-initiated zoning text amendment to amend the County Ordinance Code to authorize the establishment of a child care center with the issuance of a land use permit in Single- and Multi-Family Residential (R-, D-, M-), Recreation (F-1, F-R), Limited Office (O-1), Agricultural (A-), Business (C-B, N-B, R-B) and Commercial (C) zoning districts. The proposed amendment would also clarify, in accordance with current State law, that small family child care homes and large family child care homes for up to 14 children are permitted by right in the Single- and Multi-Family Residential (R-, D-, M-) and Water Recreational (F-1) zoning districts, as well as in the General Agricultural (A-2) and Heavy Agricultural (A-3) zoning districts.
Background
Child care facilities are regulated and licensed by the California Department of Social Services.The State recognizes two types of child care facilities: Family Child Care Homes and Child Care Centers. A family child care home can provide care to up to 14 children in the residence of the child care provider, subject to other location, facility, and safety regulations.A child care center includes any child care facility of any capacity other than a family child care home, subject to other location, facility, and safety regulations.
The purpose of this zoning text amendment is to authorize the establishment of child care centers that have obtained all required state and local agency approvals and licenses in Single- and Multi-Family Residential (R-, D-, M-), Recreation (F-1, F-R), Limited Office (O-1), Agricultural (A-), Business (C-B, N-B, R-B), and Commercial (C) zoning districts with the issuance of a land use permit.
Over the past decade, the County Zoning Code has been amended multiple times to comply with changing State regulations related to the permitting of child care facilities. Currently, State law provides that the use of a residence as a small or large family childcare home is considered a residential use of property, and is permitted by right in residential zoning districts. In accordance with State law, the current County Ordinance Code specifically recognizes this right to establish small and large family child care homes in some residential zoning districts, but not all. The proposed zoning text amendment will clarify that the establishment of a family child care home (i.e., providing care to up to 14 children in the home of the care provider) that has obtained all required state and local agency approvals and licenses is a permitted use in the residential, recreation, and limited agricultural zoning districts.
The County Ordinance Code does not currently allow the establishment of child care facilities for fifteen or more children in any zoning district, even with a land use permit. The proposed zoning text amendment would authorize the establishment of child care centers that have obtained all required state and local agency approvals and licenses in residential, recreation, office, agricultural, business, and commercial zoning districts with the issuance of a land use permit. This would allow child care facilities that do not otherwise qualify as a family child care home, of any capacity, be established and operate in these zoning districts upon the issuance of a land use permit. A table detailing the land use districts in which a small or large family child care home or a child care center is permitted is attached as Attachment B.
Last, the proposed ordinance would eliminate the term nursery school from uses requiring a land use permit in the residential, office, and agricultural zoning districts. The California Department of Social Services - Child Care Licensing issues licenses for two types of child care facilities: child care centers and family child care homes. The State does not recognize a nursery school as a separate form of child care facility or operation, and would license a qualifying nursery school as a child care center or family child care home, as applicable. Consistent with the State’s treatment of nursery schools, County staff does not currently process applications to establish a nursery school. The elimination of the term nursery school from the County’s Zoning Code Ordinance would be consistent with the types of licensing issued by the State, would prevent confusion on behalf of the public, and would be consistent with current staff practice.
General Plan Consistency
The proposed zoning text amendment complies with the County General Plan. The General Plan land use designations of single-family residential and multiple-family residential permit child care facilities. The agricultural land use designations also permit child care facilities as an accessory of residential uses. The zoning text amendment would also be consistent with the following County General Plan Goals and Policies under the Public Facilities Services Element:
- 7-AU. To assist and encourage the development of adequate, affordable and quality childcare in Contra Costa County.
- 7-AV. To maximize parental choice for childcare options in the community.
- 7-147. The development of high quality childcare and preschool facilities shall be encouraged in appropriate locations, especially in conjunction with schools, church facilities and centers of concentrated employment such as business parks.
- 7-151. In order to increase parental choice, the location of childcare facilities shall be encouraged in residential neighborhoods, employment centers, at school sites, hospitals, religious facilities, parks and along transit routes.
County Planning Commission Hearing
The County Planning Commission held a public hearing on the draft Ordinance on October 12, 2022. No public comments were submitted during the hearing. The County Planning Commission voted 6-0 to recommend that the Board adopt the proposed ordinance.
California Environmental Quality Act
Adoption of the proposed ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15061(b)(3) and 15274.
CEQA Guidelines section 15061(b)(3) is the “common sense exemption.” The proposed actions would authorize the establishment of child care centers in specific zoning districts after the issuance of a land use permit. No specific project is approved with this ordinance. Any future establishment of a child care center would be a separate discretionary project reviewed under its own subsequent CEQA analysis. Thus, it can be seen with certainty that there is no possibility that the proposed action could have a significant effect on the environment.
CEQA Guidelines section 15274 exempts the establishment or operation of a family child care home. The proposed ordinance clarifies that, consistent with State law, the operation of a family child care home is permitted by right in specific zoning districts
If the Board does not approve the proposed ordinance, then the zoning code will not be amended to authorize child care centers upon the issuance of a land use permit in the Single- and Multi-Family Residential (R-, D-, M-), Recreation (F-1, F-R), Limited Office (O-1), Agricultural (A-), Business (C-B, N-B, R-B), and Commercial (C) zoning districts.
The recommendation supports one or more of the following children's outcomes:
(1) Children Ready for and Succeeding in School;
(2) Children and Youth Healthy and Preparing for Productive Adulthood;
(3) Families that are Economically Self Sufficient;
(4) Families that are Safe, Stable and Nurturing; and
(5) Communities that are Safe and Provide a High Quality of Life for Children and Families.