Ord 2306 - Amending Chapter 29 (Zoning Regulations) Regarding Family Daycare Home RegulationsORDINANCE2306
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 29 (ZONING REGULATIONS) OF THE TOWN CODE
REGARDING FAMILY DAYCARE HOME REGULATIONS
WHEREAS, in 2019, Senate Bill 234 amended Government Code Sections 1596.72
through 1597.543 regarding family daycare homes; to address the current shortage of
regulated childcare; and
WHEREAS, the current definition of large family daycare home within the Town Code is
for seven (7) to twelve (12) children; and
WHEREAS, the new State law requires family daycare homes to allow up to fourteen
(14) children; and
WHEREAS, the current regulations of family daycare homes within the Town Code
would require a large family daycare home to obtain approval of a discretionary large family
daycare home permit from the Development Review Committee; and
WHEREAS, the new State law requires large family daycare homes to be considered a
residential use by right; and
WHEREAS, the Town Council wishes to amend the Town Code, to consider a small or
large family daycare home as a residential use by right, to comply with the new State law; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Planning Commission for public hearing on February 26, 2020; and
WHEREAS, on February 26, 2020, the Planning Commission reviewed and commented
on the proposed amendments regarding family daycare home regulations and forwarded a
recommendation to the Town Council for approval of the proposed amendments; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Town Council for public hearing on March 17, 2020; and
WHEREAS, on March 17, 2020, the Town Council continued this matter to the Town
Council meeting on April 7, 2020; and
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WHEREAS, on April 7, 2020, the Town Council reviewed and commented on the
proposed amendments regarding family daycare home regulations and the Town Council voted
to introduce the Ordinance.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES
ORDAIN AS FOLLOWS:
SECTION I
Chapter 29 of the Town Code is hereby amended as follows:
ARTICLE I. DIVISION 1. - MISCELLANEOUS
Sec. 29.10.020. - Definitions.
Family e daycare home means a dwelling where day eaee daycare is provided for
children under eighteen (18) years of age who are unrelated to the licensee. A small family day-
care daycare home is for sox eight (6 8) or fewer children and a large family day care home is for
seveN nine (7 9) to twelve fourteen (44 14) children. Both limitations include the numbeF ef
hildFen FesidiRg in the dwelling nit children under 10 years of age who reside at the home.
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act+ —I ..
-.h'.... shall ., sidelF whatWenee I.
e PeFfflittee
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ARTICLE II. DIVISION 3.—APPROVALS
Sec. 29.20.185. —Table of conditional uses.
(4) Schools
Table of Conditional Uses
IRC
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JR1
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R-1D
RMH
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C-2
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JSFAall fFamily%ayfaredaycare home
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e.
J aFge fang ly day eFe he +e Reserved.
ARTICLE II. DIVISION 7. —ASSIGNMENT OF DUTIES
Sec. 29.20.745. — Development Review Committee.
(10) issue laFge family day eaFe w,... apeFMits-Reserved.
ARTICLE IV. DIVISION 2. — RC OR RESOURCE CONSERVATION ZONE
Sec. 29.40.160. — Permitted Uses.
(4) `mall `amdy day P "^mp Family daycare home.
ARTICLE IV. DIVISION 3. — HR OR HILLSIDE RESIDENTIAL ZONE
Sec. 29.40.235. — Permitted Uses.
(3) Small family day ^ hemp Family daycare home.
ARTICLE IV. DIVISION 4. — R-1 OR SINGLE-FAMILY RESIDENTIAL ZONE
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Sec. 29.40.385. — Permitted Uses.
(3) `mall family day eare he Family daycare home.
ARTICLE IV. DIVISION 5. — R-D OR DUPLEX RESIDENTIAL ZONE
Sec. 29.40.510. — Permitted Uses.
(3) `mall family day GaFe he Family daycare home.
ARTICLE IV. DIVISION 6. — R-M OR MULTIPLE -FAMILY RESIDENTIAL ZONE
Sec. 29.40.610. — Permitted Uses.
(3) `mall family day a hemp Family daycare home.
ARTICLE IV. DIVISION 7. — R-11) OR SINGLE-FAMILY RESIDENTIAL DOWNTOWN ZONE
Sec. 29.40.725. — Permitted Uses.
(3) `mall family day eaFe heme Family daycare home.
ARTICLE IV. DIVISION 8. — RMH OR MOBILE HOME RESIDENTIAL ZONE
Sec. 29.40.835. — Permitted Uses.
(6) Family daycare home.
SECTION II
With respect to compliance with the California Environmental Quality Act (CEQA), the
Town Council finds as follows:
A. These Town Code amendments are not subject to review under CEQA
pursuant to sections and 15061(b)(3), in that it can be seen with certainty that there is no
possibility that the proposed amendment to the Town Code would have significant impact on
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Ordinance 2306 April 21, 2020
the environment; and
B. The proposed Town Code amendments are consistent with the General Plan
and its Elements.
SECTION III
If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid, such invalidly shall not affect other provisions or applications of
the ordinance which can be given effect without the invalid provision or application, and to this
end the provisions of this ordinance are severable. This Town Council hereby declares that it
would have adopted this ordinance irrespective of the invalidity of any particular portion
thereof and intends that the invalid portions should be severed and the balance of the
ordinance be enforced.
SECTION IV
Except as expressly modified in this Ordinance, all other sections set forth in the Los
Gatos Town Code shall remain unchanged and shall be in full force and effect.
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SECTION V
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on the V1 day of April 2020, and adopted by the following vote as an ordinance of the
Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the
211t day of April 2020. This ordinance takes effect 30 days after it is adopted. In lieu of
publication of the full text of the ordinance within fifteen (15) days after its passage a summary
of the ordinance may be published at least five (5) days prior to and fifteen (15) days after
adoption by the Town Council and a certified copy shall be posted in the office of the Town
Clerk, pursuant to GC 36933(c)(1).
COUNCIL MEMBERS:
AYES: Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Marcia Jensen
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR F THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ZL Zd
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: q-2z- zoZo
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