Commission votes to remove a 1985 on-site childcare condition at 345 Spear Street

The Planning Commission voted Sept. 19 to rescind a condition of approval from a 1985 project that required a nonprofit childcare provider to operate a rent-free, on-site child-care center at 345 Spear Street.

Rebecca Salgado (Planning Department) told commissioners the childcare space opened around 1992, originally operated by a nonprofit (Marin Day Schools), and has been continuously operating since then. Bright Horizons, a for‑profit operator, has managed the day‑to‑day operations under agreement with the nonprofit since 2003; Marin Day Schools dissolved in January 2022, creating a technical compliance issue because the original 1985 motion required a nonprofit operator.

Project counsel said the owner is not seeking to close the childcare facility but wants the planning condition removed to avoid a possible enforcement action that could force closure because Bright Horizons is not a nonprofit. Tuya Catalano said the owner has provided the space rent‑free for 32 years and that the facility remains open and serving families.

Planning staff said rescinding the condition is permitted under Planning Code §414.12 when the childcare facility has been provided for more than five years and the unit has been operating; the Department of Early Childhood provided a letter of no objection. Commissioners discussed concerns about low‑income families’ access and how the city tracks long‑running conditions of approval. Commissioner Imperial expressed interest in better compliance‑tracking systems, but said she would support the rescind given the practical circumstances.

The commission approved the motion to rescind by a 6–1 vote, with Commissioner Williams opposed.

Next steps: The childcare center will continue operations under the existing provider; the rescission removes the nonprofit requirement so the current operator may legally continue without triggering enforcement.