Planning Commission backs code changes to align residential care and family daycare rules with state law

The Orange Planning Commission unanimously voted to recommend that the City Council adopt an ordinance amending Title 17 of the Orange Municipal Code to update terms, definitions and development standards for residential care facilities and family day care homes and to find the action categorically exempt from the California Environmental Quality Act.

Arlen Beck, the associate planner who presented the staff report, said the update would: revise definitions for residential care facilities and family day care homes; remove distancing requirements and limits on hours for outdoor play for large family day care homes to comply with state law; treat residential care facilities serving six or fewer persons as a by‑right residential use; require conditional use permits for facilities serving seven or more persons; and update parking sections to align with state requirements. Beck said the amendments will bring the zoning code into compliance with state law and the city’s general plan and housing element goals.

With no public comments received, commissioners moved to adopt Planning Commission Resolution No. 6 recommending City Council approve the ordinance and a CEQA categorical exemption. The motion passed unanimously.

The commission explicitly referenced state law provisions in its motion, citing the California Community Care Facilities Act and provisions of the Health and Safety Code related to family day care homes. The staff recommendation and the commission’s vote were limited to forwarding the ordinance to City Council; final adoption and any associated implementation decisions will occur at a subsequent Council hearing.

The commission’s action sends the recommended ordinance to City Council for review and possible adoption.