FINAL BILL REPORT

SB 5185

                              C 335 L 89

BYSenators Wojahn, Lee, Rasmussen, Madsen, Gaspard, Smitherman, Niemi and Vognild

Establishing a family day care center as a residential use for zoning purposes.

Senate Committee on Children & Family Services

House Committe on Local Government

SYNOPSIS AS ENACTED

BACKGROUND:

With the increasing demand for child care services in recent years, local land use planning and zoning codes are being perceived as barriers to the development of child care services.  Zoning ordinances are also perceived as encouraging the proliferation of unlicensed child care.

The specific concerns that have developed about zoning ordinances are as follows:  (1) child care facilities are not specifically mentioned; therefore, it is unclear whether child care should be treated as a business, school or home-based occupation; (2) variances or special permits are required that are costly, time consuming, unnecessarily restrictive and intimidating to providers; (3) child care is prohibited in certain zones or programs are restricted to commercial areas; and (4) additional requirements are created that can be burdensome to providers or conflict with state licensing regulations.

SUMMARY:

Every municipality, county or city must review the need and demand for child care facilities by August 31, 1990.  A copy of the review and recommendations from the review must be sent to the Department of Community Development (DCD) by September 30, 1990.

By June 30, 1991, every municipality, county or city must adopt an ordinance designed to alleviate child care zoning problems, if the findings from the review indicate a need for zoning changes.  If no zoning changes are necessary, the county, city or municipality must notify DCD stating why the ordinances were not developed.

DCD shall report the results of the local reviews to the Legislature by December 31, 1990.  In consultation with the Department of Social and Health Services, the Washington State Association of Counties, the Association of Washington Cities, the Washington State Family Child Care Association and the Washington Association for the Education of Young Children, DCD must develop a model ordinance by December 31, 1990.

VOTES ON FINAL PASSAGE:

     Senate   44    4

     House 96  0 (House amended)

     Senate          (Senate refused to concur)

     House           (House refused to recede)

     Senate          (Senate refused to concur)

     House           (House refused to recede)

     Senate   46    1 (Senate concurred)

EFFECTIVE:July 23, 1989