Update HMC to comply with Senate Bill 234 and Assembly Bill 2162 City of Hercules city council meeting
January 10, 2023
SB 234 the Keeping Kids Close to Home Act
Effective January 1, 2020, was passed to address the shortage of child-care options available by streamlining the regulatory process for family daycare homes.
Prohibits local jurisdictions from requiring small or large family daycare home licensed by the Department of Social Services, Community Care Licensing Division, from having obtain a land use/zoning permit and/or business license for operation.
Requires that family daycare home operated in accordance with state law be considered a residential use of property.
Forbids denying or restricting the leasing, renting or mortgage of family daycare homes.
Prohibits local jurisdictions from requiring a business license, fee or tax for all family daycare homes.
Requires all small and large family daycare homes be treated as residential uses. Previously, large family daycare homes, defined in Health and Safety Code 1596.78 as homes that provide care for 7 to 14 children, were excluded from this requirement.
AB 2162 Supportive Housing
Effective January 1, 2019, aims to provide people with stable, affordable places to stay with services that promote housing stability.
Requires that supportive housing be a use permitted by right in zones where multifamily and mixed-use development is permitted. Removing requirements for CEQA analysis, Conditional Use Authorization or other similar discretionary entitlements granted by the Planning Commission. “Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community
To comply with SB 234 and following guidance from Child Care Law Center HMC Section 13-35.260 is deleted
The Act deleted language in state law that allowed cities and counties to have “reasonable requirements” for large family childcare homes in the areas of spacing & concentration, traffic control, parking, and noise control.
Hercules must treat all small and large family childcare homes as a by-right, residential use of property. A by-right land use is categorized in HMC Land Use Regulation Tables as a Permitted Use (P) Land Use Regulation Tables 13-6.1, 13-7.1, 13-12.1 and 13-15.1 will be updated to a requirement for an Administrative Use Permit (A) to a Permitted Use (P), requiring no special permit in Residential and Mixed-Use Residential districts.
To comply with requirements of AB 2162 that supportive housing be a use by-right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed housing development meets specified criteria.
Land Use Regulation Tables 13-6.1, 13-12.1, 13-15.1, and 13-18.1 will be changed from an Administrative (A) or Conditional Use Permit (C) requirement to a Permitted Use (P).
Approve the proposed ordinance amendments, which, consistent with state law requirements, generally accomplish the following:
Update Hercules Municipal Code pursuant to State law, including:
Remove requirement for Small and Large Daycare Homes to obtain an Administrative Use Permit.
Delete HMC Section 13-35.260 as required by State Law.
Remove requirement for supportive housing developments to obtain an Administrative or Conditional Use Permit in zoning where multifamily and mixed use are permitted.
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