§ 22.30.170. Child Day Care Facilities.

The following standards apply to large family day care homes and child care centers in addition to state licensing requirements in the California Code of Regulations, title 22, sections 81009 et seq. These standards do not apply to any facility that provides elementary school educational programs for non-resident children older than six years of age; these facilities are instead subject to Section 22.30.540 (Schools). These standards do not apply to child day care facilities that are accessory and secondary in nature to an approved principal non-residential use.

A.

Permit requirements - Family day care homes. No permit is required for facilities with six or fewer children (Small Family Day Care Homes), which are not regulated by this Title; Zoning Clearance or Minor Use Permit approval is required for facilities with seven to 12 children (Large Family Day Care Homes).

Zoning Clearance approval is required where no public hearing is requested in compliance with Subsection A.2. Where a public hearing is requested, a large family day care home requires Minor Use Permit approval and an additional fee in an amount equivalent to the difference between the fees for Zoning Clearances and Minor Use Permits shall be paid by the applicant. The Zoning Clearance shall be processed and approved in compliance with Section 22.62.030 and the Minor Use Permit shall be processed and approved in compliance with Section 22.62.050, except as follows:

1.

Public notice. As required by California Health and Safety Code Section 1597.46(a)(3), the notice for a Zoning Clearance or Minor Use Permit shall be provided to owners of property within 100 feet of the exterior boundaries of the large family day care home instead of in the manner normally required for Minor Use Permits by Section 22.62.050.B.4.a. Notice shall be provided not less than 10 days before the date of action on the Zoning Clearance in compliance with Section 22.62.030.D or action on the Minor Use Permit in compliance with Section 22.62.050. The notice for a Zoning Clearance approval shall declare that the application will be acted on without a public hearing if no request for a hearing is made in compliance with Subsection A.2.

2.

Public hearing. As required by California Health and Safety Code Section 1597.46(a)(3), no public hearing shall be held on the application for a Zoning Clearance for a large family day care home, unless a hearing is requested by the applicant or other affected person. The request shall be made in writing to the Director no later than 10 days after the date of the public notice provided in compliance with Subsection A.1. In the event a public hearing is requested, the large family day care home shall be subject to Minor Use Permit approval and the Director shall provide notice of the public hearing for the Minor Use Permit in compliance with Subsection A.1.

3.

Permit approval. As required by California Health and Safety Code Section 1597.46(a)(3), the Director shall approve a Zoning Clearance or Minor Use Permit for a large family day care home when he or she determines that the proposed facility will satisfy all applicable requirements of this Section, and can find that the facility will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project.

B.

Permit requirements - Child care centers. Except as set forth in Subsection A.1, Conditional Use Permit approval is required for facilities with 13 or more children.

C.

Site location. Large family day care homes and child care centers shall be located only on sites which satisfy the following standards:

1.

Minimum street improvements. In order to assure safe vehicular access to the site of a child care facility, the street providing access to the site shall be a paved or publicly-maintained road with sufficient clear width to accommodate on-street parking at the site, located entirely outside of the travel lanes.

2.

Concentration standards. In order to avoid excessive concentrations of large family day care homes in single-family residential areas, no child care facility shall be approved within the same block or within 500 feet of any other large family day care home or child care center in the residential single-family category, except where specifically authorized through Minor Use Permit approval.

D.

Fencing requirements. All outdoor play areas shall be enclosed with fencing; a minimum of four feet high. Such fencing shall be solid and a minimum of six feet high on any property line abutting a residential use on an adjoining lot where determined to be needed for effective noise control.

E.

Parking and loading requirements.

1.

Large family day care homes. An off-street drop-off area shall be provided with the capability to accommodate at least two cars, in addition to the parking normally required for the residence; a driveway may be used for this purpose. Additional off-street parking shall be provided as necessary to accommodate all employee vehicles on the site.

2.

Child care centers. Parking and loading requirements shall be established through Conditional Use Permit approval.

F.

Noise control - Outdoor uses. Where one or more parcels adjoining the site of a large family day care home or child care center are in a residential land use category and are developed with single-family dwellings, outdoor play or activity areas shall not be used by client children before 8:00 a.m., except:

1.

Where such outdoor areas are located no closer than 100 feet from any dwelling other than that of the applicant; or

2.

Where specifically authorized through Minor Use Permit or Conditional Use Permit approval.

[Amended 1982, Ord. 2091; 1986, Ord. 2250; 1987, Ord. 2293; 1994, Ord. 2693, 2696]