3A Public Hearing 2012 0221 - Laserfiche WebLink

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File Number: 12 -033 At its January 19, 2012 meeting, the Planning Commission adopted Resolution -001 PC, recommending that the City Council approve the proposed Zoning Code Amendments. Analysis Over time, City staff has encountered the need for minor adjustments to the Zoning Code text to correct and /or clarify sections. In this group of proposed amendments, staff is focusing on residential regulations related to Large Family Daycare, Accessory Structures, Paving in Residential Front Yards and Fences in the View Preservation Overlay District. Large Family Daycare Currently, the Zoning Code has a series of standards that guide the use of a detached, single - family dwelling on a lot zoned for residential day care use (Section 2 -516 Large Family Day Care Homes). These are home -based day care operations for up to 14 children. Each Large Family Day Care applicant must comply with a series of parameters related to site features. These include provisions CA through 5, as follows: Spacing: No Large Family Day Care home shall be located within three hundred (300) feet of any other Large Family Day Care Home, as measured from the exterior lot lines. 2. On- Street Parking: No Large Family Day Care home shall be located upon a lot having less than thirty -two (32) feet of legally permitted parking along the frontage of the lot. 3. Street Width: No Large Family Day Care home shall be located upon a lot fronting upon a street with a curb -to -curb width of less than thirty (30) feet. 4. High Traffic Volume Streets: No Large Family Day Care home shall be located upon a lot fronting upon a street with four or more traffic lanes or upon a street with an average daily traffic of five thousand (5,000) or more vehicles, as calculated by the City Engineer. 5. Employee Parking and Circulation Plan. The driveway of a Large Family Day Care home may be used to provide off - street parking required by Article 17 if such use will not obstruct any required drop -off and pick -up area and will not obstruct a sidewalk or other public right -of -way. The Zoning Code specifies that a Conditional Use Permit be required if the site features do not meet any of the above five parameters. Based on comments from the permit counter, staff has observed the existence of certain properties that are appropriate for Large Family Day Care but yet do not conform to the above regulations, particularly parameter C.2, governing on- street parking. To expeditiously allow Large Family Day Cares that largely conform to the goals and requirements of Section 2 -516 of the Zoning Code, staff is proposing that the requirement for a Conditional Use Permit be modified to an Administrative Exception. The Administrative Exception process involves an administrative decision by the Zoning Enforcement Official pursuant to Section 2 -574, Administrative Exceptions. The Administrative Exception is currently utilized for exceptions to height, size and setback regulations for residential projects as accessory structures and extensions of non - conforming City of San Leandro Page 2 Printed on 211512012