SENATE BILL REPORT

ESB 5185

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

Senate Hearing Date(s):February 7, 1989; February 15, 1989

Majority Report:  Do pass.

      Signed by Senators Smith, Chairman; Craswell, Vice Chairman; Bailey, Stratton, Vognild.

Senate Staff:Jennifer Strus (786-7472)

                  April 11, 1989

AS PASSED SENATE, MARCH 7, 1989

BACKGROUND:

With the increasing demand for child care services in recent years, local land use planning and zoning codes are increasingly 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 restrict child care programs to commercial areas; and (4) additional requirements are created that can be burdensome to providers or conflict with state licensing regulations.

SUMMARY:

A family day care provider is defined as a person who regularly gives care to not more than 12 children in his or her home.

Such a home shall be allowed in all areas zoned for residential or commercial purposes.

Local jurisdictions are prohibited from enacting or enforcing any zoning ordinance which would not allow a family day care provider to operate in an area zoned for residential or commercial use.

Local jurisdictions may impose zoning restrictions on the establishment and maintenance of the family day care provider's home, but the restrictions shall not be more restrictive than those allowed for residential buildings in the same zone.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Kim Kelley, Family Day Care Providers of Pierce County (pro); Andrea Cornwall, President, Washington State Family Child Care (pro); Stan Finkelstein, Association of Washington Cities (con); Diane Walker, President, Clark County Family Day Care Association (pro); Julie Nelson , Vice President, Washington Family Child Care (pro); Jan Sahler, Mini Center operator (pro); Carol Farley, day care operator (pro); Cheryl Curtis, Mini-Center operator (pro); Judy Lauer, day care provider (pro); Pat Thibaudeau, Washington Women United (pro); Margie Reeves, Washington Association of Education for Young Children (pro); Karen Tvedt, DSHS (pro); John Briehe, City of Tacoma (pro)

HOUSE AMENDMENT:

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 DCD by September 30, 1990.

By June 30, 1991, every municipality, county or city must have adopted an ordinance designed to alleviate child care zoning problems, if the findings from their review indicate the 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 to the Legislature by December 31, 1990, the results of the local reviews.  In consultation with DSHS, 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.