Keizer Planning Commission approves text amendments to align childcare rules with state law and correct ADU review chart

Keizer Planning Commission on April 8 approved a package of text amendments to update multiple sections of the municipal code so the city’s childcare definitions and allowances match recent state regulations, and to correct a chart that previously misidentified the review process for accessory dwelling units (ADUs) in front yards.

Staff planner Shane told commissioners the chart in Section 3.104 conflicted with the written code and would have routed certain front-yard ADU alternative design reviews to the Planning Commission instead of the lower-level Type 1C review intended by the text. "The proposed amendment is to just correct the chart to align with the written words in the code," Shane said, urging the Commission to either accept the correction or direct staff to draft alternative language that gives the Commission review authority.

The larger portion of the amendment package updates definitions and related sections to reflect state changes governing family child care homes and certified centers. Shane said the city historically distinguished home-based providers who lived in the dwelling from larger certified centers, but recent state action has limited local authority to impose differing requirements. "You can have a residential single-family dwelling and turn it into a child care center," Shane said, noting that under state rules a certified facility may not require a resident provider.

Commissioners discussed drafting options to reduce future amendments if the state changes numeric thresholds again. Staff and commissioners agreed on adding a clause in the narrative language that reads "subject to state statute" and placing numeric thresholds in the definitions with a clarifying caveat, or alternatively replacing repeated numbers throughout the code with wording that defers to state regulations to avoid repeated local text amendments should state limits change.

Several commissioners raised neighborhood concerns about traffic, noise and the potential loss of housing if residences are converted for nonresident-operated child care. Staff and the city attorney explained that state preemption limits the city's ability to impose extra conditions on registered or certified family child care homes but that certification and state inspections impose health and safety standards.

The public hearing was closed and the Commission moved to recommend approval of the amendments as described, including the chart correction for Section 3.104 and the language changes for childcare sections. Commissioner Gransson moved the recommendation and Commissioner Scruggs seconded. After an audible vote that prompted a brief clarification from Commissioner Lopez, the chair confirmed the motion passed unanimously with one member absent.

Next steps: staff will incorporate the Commission's direction into revised code language and return the ordinance/amendment for formal adoption steps and any required noticing. The Commission was also notified that a master-plan amendment application for the Area B parcel near Keizer Station is forthcoming.

The staff report and the Commission’s deliberations underline the limited scope of local code changes in areas preempted by state regulation and the practical choice to defer numeric thresholds to a single definition to reduce future amendment work.