O1711
CA:JLD:CAB:chldcar2.ord\pc\df
City Council Meeting 11-9-93
Santa Monica, California
ORDINANCE NUMBER 1711
(City council series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OP SANTA MONICA
AMENDING MUNICIPAL CODE SECTION 9.04.14.030,
RELATING TO CHILD CARE CENTERS IN RESIDENTIAL DISTRICTS
WHEREAS, the city of Santa Monica has a long standing
commitment to support the pro~ision of child care and has adopted
the Santa Monica Child Care Master Plan and Child Care policy
through Resolution No. 8342(CCS); and
WHEREAS, the ci ty of Santa Monica has taken further
action to create supporti ve land use and housing policies and
permit procedures that encourage the development of quality child
care; and
WHEREAS, the City council has revised and streamlined the
Zoning Ordinance relating to large family day care homes in the
City of Santa Monica; and
WHEREAS, the city of Santa Monica wishes to remove any
unnecessary obstacles to the development of child care centers and
1
to ensure the safety of children attending these facilities while
preserving the character of the surrounding neighborhood; and
WHEREAS, the following amendments to the Santa Monica
Municipal Code are necessary to implement the City's Child Care
policy.
NOW, -THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section
9.04.14.030 is amended to read as follows:
9.04.14.030 Child day care centers in
residential districts. The provision of child
care in safe and convenient locations is an
important policy objective of the city. The
purpose of this section is to ensure the
safety of children attending these facilities
and to preserve the character of the
surrounding neighborhood. The following
special conditions shall apply to child day
care centers in residential districts:
(a) structures. A child day care center
shall conform to all property development
2
standards of the zoning district in which it
is located unless otherwise provided in this
Section.
(b) Fences and Walls. Outdoor play
areas shall be enclosed by a fence of at least
four feet in height, except that in a required
front yard, fence height may not exceed four
(4) feet in height unless otherwise permitted
through approval of a variance pursuant to
Part 9.04.20.10 or an adjustment pursuant to
Part 9.04.20.34. Materials, textures, colors
and design of the fence or wall shall be
compatible with on-site development and
adjacent properties. All fences or walls
shall provide for controlled points of entry.
(c) On-site parking. On-site parking
for child day care centers shall conform to
the provisions of Part 9.04.10.08.
(d) Passenger Loading. Curbside loading
shall be presumed adequate for drop-off and
pick-up of children. However, where the
Parking and Traffic Engineer, in evaluating a
particular facility, determines that curbside
3
loading is not adequate, the City Parking and
Traffic Engineer shall approve an alternate
passenger loading plan.
(e) organized outdoor Play Activity.
For the purposes of noise abatement in
residential districts organized outdoor
activities shall be limited to the hours of
7:00 a.m. to 9:00 p.m.
(f) state and Other Licensing. All
child day care centers shall be state licensed
and shall be operated according to all
applicable state and local regulations.
SECTION 2. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of this
ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to effect
the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid or
unconsti tutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The city Council hereby
4
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance.
The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption.
This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
!~ '\ /'
.. '--J /
J8~~:e:bm;:~~",L('---
Acting City Attorney
5
Adopted and approved this
9th
day of November
,1993,
~a~ff
I hereby certify that the foregoing Ordinance No, 1711 was duly and regularly
introduced at a meeting of the City Council on the 26th day of October
1993; that the said Ordinance was thereafter duly adopted at a meeting of the City Council
day of November
,1993 by the following vote:
on the 9th
AYES:
Councilmembers Abdo, Genser, Greenberg, Holbrook,
Olsen, Rosenstein, Vazquez
NOES:
ABSTAIN:
ABSENT:
ATTEST:
~t?Id;~
--- City Clerk