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Lakewood planning commission approves recommendation to expand commercial child care under new state law
Summary
The commission approved Resolution 2025-04 recommending code changes to implement Senate Bill 5509, making commercial child care centers permitted in most zones and allowing conditional use approval in industrial zones; the city council will consider the changes in November.
The Lakewood Planning Commission on Oct. 1 voted to approve Resolution 2025-04, forwarding proposed zoning changes to implement Senate Bill 5509 that expand where commercial child care centers may locate across the city.
Staff said SB 5509, adopted this year, requires jurisdictions to allow commercial child care centers as a new structure or by converting existing buildings in most zones; Lakewood staff proposed making those uses outright permitted in nearly all zones except industrial, light industrial and open space, where on-site child care would be subject to conditional-use review and excluded in or near high-hazard facilities. "Senate Bill 5509 is the reason for this discussion that we're having right now," staff said during the commission presentation.
The proposal also explicitly references family daycares (home-based care for up to 12 children) in the municipal code and clarifies that adult family homes are already permitted across the city's residential and mixed-residential zones. Staff said state licensing would continue to regulate commercial daycares' operational safety while conditional-use permits would allow the city to require site-specific protections where uses are proximate to industrial operations.
Commissioners sought clarification on who would be responsible for safety when a daycare is located within an industrial business park. Commissioner Estrada asked whether site or property managers would carry responsibility; staff replied that responsibility would vary by case and that conditional-use review would allow conditions tailored to surrounding uses. "The city would be looking to see what's on site, what's the surrounding uses, what's needed to make sure that those kids would be safe," staff said.
There was no public testimony during the reopened hearing. Commissioner Larson moved to approve Resolution 2025-04 and the commission voted in favor with no opposition. Staff noted the city council is scheduled to begin review on Nov. 10 with a council public hearing on Nov. 17.
What happens next: Staff will draft implementing regulations and zoning code language reflecting the commission's direction and return with those drafts for further review prior to council consideration. The code changes are intended to be in place ahead of the statutory compliance deadline staff cited (state compliance not required until June 2027).
