§ 23.08.074. Schools and Preschools.

The provisions of this section apply to preschools and public and private schools providing instruction for preschool through 12th grade children; schools providing specialized education and training, where identified by the Land Use Element as S-4 uses; and to preschools and other facilities including individual homes, where day-care services are provided to more than six children.

a.

Elementary and high schools.

(1)

Limitation on use. Schools in the Office and Professional category are limited to high schools.

(2)

Permit requirement. Per Table 3-A, Section 23.03.040 et seq.

(3)

Location. No closer than 1,000 feet to an Industrial or Commercial Service category.

(4)

Parking. Off-street parking is to be provided at a ratio of two spaces for each classroom, and one space for 100 square feet of administrative or clerical office space. Except that where Section 23.04.160 (Parking) would require more spaces for an on-site auditorium, stadium, gymnasium or other public or sports assembly facility, the larger number of spaces is to be provided. For all school facilities, parking lot turnover is low; loading bay intensity is low.

b.

Special Education and Training Schools. These standards apply to Special Education and Training Schools only where identified by the Land Use Element as S-4 uses.

(1)

Limitation on use. Special Education and Training Schools are allowed in the Industrial category only when the curriculum offered is primarily in subjects related to industry and/or manufacturing.

(2)

Permit requirement. As set forth in Section 23.03.040 (Permit Requirements).

(3)

Parking. Off-street parking is to be provided at a ratio of one space per seat in the largest classroom or instructional area, in addition to spaces required for any proposed auditorium by Section 23.04.164c(3). Parking lot turnover is high; loading bay intensity is low.

c.

Preschools and child day care. 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 which provides elementary school educational programs for non-resident children older than six years of age. Such facilities are instead subject to the provisions of subsection a. of this section. These standards do not apply to child day care facilities that are accessory and secondary in nature to an approved principal non-residential use.

(1)

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; Plot Plan or Minor Use Permit approval is required for facilities with seven to 12 children (Large Family Day Care Homes). However, if two of the children are six years of age or older, as allowed by California Health and Safety Code section 1597.41 (a) and (b), no permit is required for facilities with eight or fewer children (Small Family Day Care Homes) and Plot Plan or Minor Use Permit approval is required for facilities with nine to 14 children (Large Family Day Care Homes); these increases in the allowed number of children will be automatically repealed on January 1, 1996 unless a later enacted statute amending California Health and Safety Code section 1597.41 (a) and (b) deletes or extends that date.

Plot Plan approval is required where no public hearing is requested pursuant to subsection c(1) (ii) of this section. Where a public hearing is requested, a large family day care home shall be subject to Minor Use Permit approval and an additional fee in an amount equivalent to the difference between the fees for Plot Plans and Minor Use Permits shall be paid by the applicant. The Plot Plan shall be processed and approved pursuant to Section 23.02.030 of this title and the Minor Use Permit shall be processed and approved pursuant to Section 23.02.033 of this title, except as follows:

(i)

Public notice. As required by California Health and Safety Code Section 1597.46(a)(3), the notice for a Plot Plan 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 23.02.033b(4)(i) of this title. Such notice shall be provided not less than 10 days before the date of action on the Plot Plan pursuant to Section 23.02.030d or action on the Minor Use Permit pursuant to Section 23.02.033c. The notice for a Plot Plan approval shall declare that the application will be acted on without a public hearing if no request for a hearing is made pursuant to subsection c(1)(ii) of this section.

(ii)

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 Plot Plan for a large family day care home, unless a hearing is requested by the applicant or other affected person. Such request shall be made in writing to the Planning Director no later than 10 days after the date of the public notice provided pursuant to subsection c(1)(i) of this section. In the event a public hearing is requested, the large family day care home shall be subject to Minor Use Permit approval and the Planning Director shall provide notice of the public hearing for the Minor Use Permit pursuant to subsection c(1)(i) of this section.

(iii)

Permit approval. As required by California Health and Safety Code Section 1597.46(a)(3), the Planning Director shall approve a Plot Plan 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.

(2)

Permit requirements - child care centers. Except as set forth in subsection c(1) of this section, Development Plan approval is required for facilities with 13 or more children.

(3)

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

(i)

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.

(ii)

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.

(4)

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.

(5)

Parking and loading requirements.

(i)

Large family day care homes. An off-street drop- off area is to 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.

(ii)

Child care centers. Parking and loading requirements shall be established through Development Plan approval.

(6)

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 a.m., except:

(i)

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

(ii)

Where specifically authorized through Minor Use Permit or Development Plan approval.

[Amended 1992, Ord. 2591; 1994, Ord. 2694; 1995, Ord. 2715]