Planning Commission recommends ordinance amendments to expand child care access and implement residential-by-right sites

The Emeryville Planning Commission on Feb. 26 voted to recommend that City Council adopt ordinance amendments implementing housing element programs B, HH and KK, a package staff said will streamline planning processes, expand child-care permissions in certain zones, and identify specified sites for residential use by right to comply with recent state requirements.

Planning staff described Program B as a streamlining change to remove an earlier listening-session step for some approvals; Program HH would change how schools and child-care centers are allowed so that some uses move from minor conditional use to permitted in certain zones; and Program KK would identify about eight sites where projects with at least 20% affordable units would be allowed residential use by right to satisfy state law. Staff said the proposed code amendments are exempt from CEQA because they implement the already-adopted general plan and housing element and noted an anticipated effective date in May after city council action.

"This HH rezoning plan is gonna allow me to get the conditional use permit that I need to apply to, run my residential unit as a center," said Eli Tanner, an Emeryville family home day-care operator, who explained the change would allow an infant/toddler center of about 12 children rather than the 7 allowed under a family permit. The public comment supported the stated policy goal of expanding child-care capacity.

Commissioner Gould moved and Commissioner Small seconded the motion recommending council adoption; roll call recorded Aye votes from Gould, Martinez, Small, and Chair Wax. Commissioners Chafe, Rivera and Vice Chair Henley were absent. The motion passed and staff will forward the ordinance package to City Council for consideration.

Staff told the commission the amendments would primarily affect a limited set of sites and uses and that the city coordinated with HCD on compliance questions. With the commission recommendation complete, the next step is City Council consideration; staff anticipated the ordinances' effective date in May if council adopts them.