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Ordinance 26730006.15060 WSS/d jb 6/6/88 R-6/15/88-jib ORDINANCE NO. 2673 AN ORDINANCE OF THE CITY OF ELMONLj, WASHINGION, AMENDING ECDC 16.20.010 TO SPECIFY FAMILY DAY CARE AS AN OUTRIGHT PERMITTED USE, AMENDING 16.30.010(D) TO PERMIT FAMILY DAY CARE AS AN OUTRIGHT PERMITTED USE AND EXEMPTING MINI DAY PARE FACILITIES OPERATED IN CONJUNCTION WITH MTTLTI-FAMILY DWELLING UNITS FROM CONDITIONAL USE REQUIREMENTS; AMENDING CHAPTER 20.19 RELATING TO HOME DAY CARE TO EXEMPT FAMILY DAY CARE FROM CONDITIONAL USE PERMIT REQUIREMENTS AND AMENDING THE PROVISIONS RELATING TO CONDITIONAI, USE PERMIT APPLICATIONS L'OR MIN: DAY CARE FACILITIES, AMENDING THE. PROVISIONS OF 20.95.060(A) 3) RELATING TO CONDITIONAL USE PERMITS FOR MINI DAY CARE FACILITIES AND FIXING A TIME ON WHICH 71iE SAME SHA,L BECOME EFFECTIVE. WHEREAS, the City Council finds that there is an existing need for economical, safe and dependable day care for children in the City of Edmonds and when such uses are compatible with surrounding neighborhood, they should be encouraged; and WHEREAS, the City of Edmonds has permitted family day care and mini day care facilities in residential zones sub-ect ~o conditional use permits; and WHEREAS, the City wishes to exempt family day care from regulation due to the minimal impact of such small scale day care facilities upon the neighborhood, the need for such facilities within the residential zones of the City of Edmonds, the existing regulatory structure -1- WSS506770 authorized and enforced by the State of Washington; and WHEREAS, the City Council wishes to increase tl parking requirements for mini day care facilities; NOf THEREFORE, THE CITY COUNCIL OF THE CITY OF ED14OND: WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. ECDC 16.20.010 USES, sub-paragra 1D1 is hereby aLended to read as follows: A. Permitted Primary Uses 1. Single-family dwelling units. B. Permitted Secondary Uses. 1. Foster homes. 2. Home occupation, subject to the requiremen of Chapter 20.20. 3. The renting of rooms without separate ki*chens to one or more persons. 4. The keeping of three or fe,er domestic animals. 5. The keeping of horses, subject to the requirements of Chapter 5.05. 6. The following accessory buildings: a. Fallout shelters. b. Private greenhouses covering no more than five percent of the site. C. Private stables. d. Private parking for no more than five cars. e. Private swimming pools and othe- private recreational facilities. -2- WSS506770 7. Private residential docks or piers. 8. Family day care in a residential home. C. Primary Uses Requiring a Conditional Use Permit. 1. Limited community facilities, located on arterial streets only, including only the following: elementary schools, nursery schools, fire stations, electric subGtations, pumping stations, water storage, libraries, churches, parks, recreation facilities and bus stop shelters. D. Secondary Uses Requiring a Conditional Use Permit. 1. Mini -day care facilities and preschools. 2. Gue ;t house. 3. Amateur radio transmitting antenna. 4. Accessory dwelling units. Section 2. Amending the provisions of ECDC 16.30.010 USES, subsection (D) Secondary Uses Requiring a Conditional Use Permit to read as follows: 16.30.010 USES. D. Secondary Uses Requiring a Conditional Use Permit. 1. Mini day care facilities, provided, that: a. mini day care facilities shall not be operated from or within a multiple family dwelling unit or combination of units, but b. A permit may be issued for a mini -day care facility to be operated in a separate, non-residential portion of a multi-tamily residential dwelling structure operated primarily foi the benefit of the residents thereof. Section 3. ECDC Chapter 20.19.000 HOME DAY CARE is hereby amended to read aE follows: -3- WSS50677O 20.19.000 PURPOSE. The purpose of this chapter is to permit residents to operate either a family da- care or mini day care facility at their home, sub}ect to the requirements of this chapter. Nothing herein shall be interpreted to require a permit for family home day care facilities which are outright permitted uses in any zone, however, such rutright permitted home day care facility shall comply with the provisions of Section 20.19.020 in the course of their operation. 20.19.010 CONDITIONAL USF PERMIT REQUIRED. When a conditional use permit is required by the provisions of Title '6 relating to the zoning Districts, conditional use permit applications for operation of a mini day care shall be processed in accordance with prr)cedure- of Section 20.95.060 (staff decision - hearing required), utilizing the criteria set forth in this chapter. In addition to tht specific criteria set forth herein, the staff and hearing examiner on appeal, shall also review the application under the criteria and required finding set forth in Chapter 20.05 relating to conditional use permits in order to establish that the proposed facility is not deleterious to the immediately surrounding neighborhood nor constitutes a public nuisance. The community development director or his designee, or Lhe hearing examiner on appeal, may impose reasonable conditions on the approval of the conditional use permit for mini day care facilities in order to ensure that the criteria of 20.19.020 are met and that the facility is it harmony with the surrounding neighborhood. 20.19.020 CRITERIA. A. STATE LICENSING. The applicant shall obtain any and all required state licenses and comply with all state licensing requirements. 8. OUTDOOR PLAY TIMES. Outdoor play times shall not be scheduled before 9:00 a.m. or after 8:00 r-m. Care should be -aken to minimize noise impact on adjacent residences. -4- WSS506770 C. FENCED PL_AY_AREA. A completely fenced play a -ea is required. No play area shall be allowed in the street set -back. D. PARKING. Two on street or off street parking spaces shall be provided fc.r a family day care operation. On street parking spaces must be reasonably accessible to the applicant's residence and available for public use under city ordinance. A minimum of 3 on street or off street parking spaces shall be provided with a mini day care operation. On street parking spaces must be reasonably accessible to the applicant's residence and available for public use under city ordinance. F. LOCATION AND LIMITATION. No mini day care center located within a residentizl zone shall be located closer than 300 feet to any other day care operation of any kind or nature, or any presch-ol, provided that this limitation shall not apply to any public school facility operated by the Edmonds or other sche)l district. 20.19.030 PERMIT. A conditional use permit for a mini day care facility is personal to the applicant and shall not be transferred or otherwise assigned to any other person -r entity nor may the permit be transferred to any site other than the site described in the application. Nothing herein shall relieve the applicant of the obligation to obtair any and all licenses required under the provisions of state and/or federal law. 20.19.040 REVIEW HEARINGS_. At any time at least six months aft•,: the granting of a conditional use permit, as provided herein, residents of the neighborhood may initiate a request before the Hearing Examiner to consider the revocation or modification of the permit, if they consider the facility to be deleterious to the neighborhood or to create a public nuisance. The complaint action shall be initiated by a petition, signed by n t less than five residents WSS5,16 770 within 300 feet of the subject property or 50% of the residents within 300 feet of the subject property whichever is less, no two of who.n may be residents of the same household. The petition shall state in detail the condition or conditions which the complainants allege cause the facility to be deleterious to the neighborhood or to create a public nuisance. After a public hearing on the complaint, the Hearing Examiner shall make findings as to the existence of any deleterious impac-s or public nuisance created or enhanced by the permittee. If the Hearing Examiner finds that the permittee failed to comply with prior imposed conditions or has created o. enhanced a deleterious impact or public nuisance and that the impact or nuisance cannot be mitigated, the Hearing Examiner shall revoke the conditional use permit. If the Hearing Examiner finds that the deleterious impact or public nuisance can be mitigated, additional or differing conditions may be imposed. If the Hearing Examiner imposes additional conditions to mitigate any adverse neighborhood impacts, a specific date shal' be set to consider whether the applicant has met the additional conditions. Failure to meet such conditions shall be grounds for revoking this permit. Section 4. ECDC 20.95.060(A)(3) relating to staff decision - hearing required is hereby amended to read as follows: 20.95.060 STNFF DECISION - HEARING REQUIRED. A. SCOPE. The following permits and approvals are reviewed under this procedure: ! Conditional usp permits for mini day care facility. Section 5. This ordinance is not subject to referendum as provided by law and shall take effect and be ' WSS50677O in full force five (5) days after publication of the attached summary which is hereby approved. APPROVED: OeIZ MAYOR, LARR H EN ATTLST/AUTHENTICATED CIT CLERK, JACOUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE -CITY ATToRNEY: BY Ii J FILED WITH THE CITY CLERK: June 7, 1988 PASSEL BY THE CITY COUNCIL: June 21, 1988 PUBL I SHFD : Junr 25, 1988 EFFECTI E DATE: Jul y 1, 1988 ORDINANCE NO. 96A -7- WSS506710