HOUSE BILL REPORT

ESB 5185

As Amended by the House

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

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

House Committe on Local Government

Majority Report:  Do pass with amendments.  (13)

      Signed by Representatives Haugen, Chair; Ferguson, Ranking Republican Member; Horn, Nealey, Nelson, Nutley, Phillips, Raiter, Rayburn, Todd, Wolfe, Wood and Zellinsky.

House Staff:Steve Lundin (786-7127)

AS PASSED HOUSE APRIL 6, 1989

BACKGROUND:

Counties, cities, and towns are permitted, but not required, to plan and zone.  The only requirement if a county, city, or town chooses to adopt a comprehensive plan, is that certain elements must be addressed.

The Shorelines Management Act requires counties, cities, and towns to adopt shoreline master programs for shoreline areas.

SUMMARY:

Each county, city and town that plans and zones, and does not allow the siting of child care facilities in areas designed for residential or commercial uses, must review the need for and demand for such facilities, including the cost of any permit fees.  The review must be completed by August 31, 1990.  A copy of the review must be forwarded to the Department of Community Development which must report to the Legislature concerning the results of the local reviews by December 31, 1990.

The Department of Community Development is required to develop a model ordinance for the siting of child care facilities by December 31, 1990.  This model ordinance is to be developed in conjunction with the Department of Social and Health Services, the Washington State Association of Counties, and the Association of Washington Cities.

On or before June 30, 1991, each county or city that plans and zones must adopt an ordinance implementing the findings of its review, if the findings indicate changes are necessary, or shall notify the Department of Community Development as to why such implementing ordinances were not adopted.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Senator Lorraine Wojahn, Prime Sponsor; Vicki Smith, President King County Family Day Care Association; Janet Sahler, Pierce Co. Family Day Care Association; Andrea Cornwall, Washington State Family Child Care Association; Julie Nelson, Washington Family Child Care; Kim Kelley, Family Child Care; Mary Erickson, Family Child Care.

House Committee - Testified Against:      Cynthia Hosick, citizen of Pullman; David Plummer, citizen of Bellevue; Pat DeBlasio, Mayor, City of Des Moines; Robert Olander, City of Des Moines; Doug Baker, City of Tumwater; Gary Lowe, Washington State Association of Counties; Chuck Mize, City of Bellevue; Andrea Dahl, Association of Washington Cities.

House Committee - Testimony For:    (Original Bill:)  The state preempts local zoning concerning garbage dumps, surely kids deserve what we do for garage.  We need family day-care facilities, not industrial day-care facilities.  The state licensing of family day-care facilities is sufficient.  There should be no local regulations other than those that apply to all residences in zoning ordinances.  The state is very careful.  You won't find family day-care in upper middle-class areas.  Sometimes people pay fees for a conditional use permit for family day-care facilities, and never hear back from the city.  This is the single most important bill for young kids. There is a limit as to what our organizations can do to pressure for change at the local level.  Family areas are best for kids. Local zoning can conflict with state child care licensing requirements.  Some cities charge as much as $250 or $500 for a conditional use permit for a 12 child, day-care facility.  Yarrow Point and Hunts Point do not allow any child care facilities.

House Committee - Testimony Against:      (Original Bill:)  Child care facilities are businesses. Facilities should be allowed according to local regulations. Neighborhoods must be protected.  Good zoning can balance both needs.  Many operators have more kids than they are permitted to have.  DSHS does not consider local impacts.  DSHS does not have adequate surveillance.  Many cities are changing their regulations to accommodate such facilities.  This takes away all local control.  Balance local needs with child care facility needs.  Traffic impacts can be great.  Covenants restrict day care facilities in certain residential areas, but are not affected by the bill - why?

VOTE ON FINAL PASSAGE:

      Yeas 96; Excused 2

Excused:    Representatives Sayan and Mr. Speaker