Chapter 17.20
LARGE FAMILY DAY CARE HOMES
Sections:
17.20.050 Operating standards.
17.20.070 Application contents and decision on application.
17.20.010 Purpose.
The purpose of this chapter is to implement state law as set forth in California Health and Safety Code Section 1597.46 and related laws and to adopt procedure and standards for the establishment of large family day care homes on existing residential lots as a means of situating them in normal residential surroundings so as to provide children the same environment as would be found in a traditional home. (Ord. 09-04 §2(b)(Exh. B)(part), 2009).
17.20.020 Definition.
A large family day care home means a home which provides family day care for no less than eight and no more than fourteen children under the age of ten including children who reside at the home in provider’s own home for periods of less than twenty-four hours per day, while the parents or guardians are away; or as allowed by State law. (Ord. 09-04 §2(b)(Exh. B)(part), 2009).
17.20.030 Use permit.
Notwithstanding any other provision of this code, large family day care homes shall be permitted in all single-family residential districts subject to the granting of a use permit and provisions of this chapter. (Ord. 09-04 §2(b)(Exh. B)(part), 2009).
17.20.040 Conditions.
The following conditions shall apply to large family day care homes:
A. Large family day care homes must comply with all applicable state licensing laws at all times. The applicant must submit evidence showing that the applicant is a licensed operator pursuant to the provisions of the state department of social services, community care licensing, regulating child care facilities.
B. Large family day care homes must file a completed application and pay the appropriate fee to the planning and development services department.
C. The residence must be in compliance with the development standards for the zone, including, but not limited to, minimum lot size, lot coverage, parking, fencing, and screening of trash receptacles.
D. The proposed use must comply with all State Fire Marshal requirements for building and safety that apply to large family day care homes, and with all local building and fire codes which apply to single-family residences.
E. Providers approved for a large family day care shall obtain a city business license for the operation of a large family day care home from the finance department within five days of conditional approval by the planning commission.
F. The day care home must be the principal residence of the provider, and its use as a day care home must be clearly incidental and secondary to the use of the property for residential purposes.
G. The facility must be operated in a manner so as not to appear as a commercial operation, and the property must be maintained to preserve the general appearance and character of the residential neighborhood. Play equipment must not be located within the required front yard setback of the property so as to appear as a commercial child-care center.
H. No structural changes may be proposed that will alter the character of the building as a residence.
I. Signs for the day care home must comply with Chapter 17.76, Signs, for signs in residential uses.
J. An applicant for a large family day care shall submit a site plan and a floor plan depicting the property and the area to be used for the caring of the children, designated play area and unloading and loading zone for the delivery of children, the location of fire extinguishers and smoke detectors. (Ord. 09-04 §2(b)(Exh. B)(part), 2009).
17.20.050 Operating standards.
Large family day care homes shall comply with the following operating standards:
A. Parking. One parking space for each employee not residing in the large family day care home dwelling, plus the two parking spaces required for the occupants of the single family residence as required in Chapter 17.74, Parking.
B. Passenger Loading and Traffic Control. Loading and unloading of children from vehicles shall only be permitted on the authorized driveway of the residence, approved parking area, or directly in front of the residence (if access is from a local street) in order to promote the safety of the children and prevent traffic congestion or hazards. If the city’s traffic engineer or transportation management division finds during evaluation of the facility that curbside loading is not adequate, the applicant may be required to develop a passenger loading plan.
C. Noise. Noise from outdoor play areas must be kept to a level consistent with residential neighborhoods. To reduce possible noise impacts, outdoor play/activity areas must only be used between the hours of eight a.m. to six p.m. The operation of the facility must comply with residential noise standards contained in Chapter 9.26, Prohibition of Unreasonably Loud and Unnecessary Noise, and the noise element of the city of Kerman general plan.
D. Separation. As a means to maintain the integrity of residential neighborhoods, new large family day care homes must not be located within one thousand feet of an existing state licensed large family day care home or within five hundred feet of any other child day care center licensed to care for fourteen or more children.
E. Outdoor Play Area. Play equipment must not be located within the required front yard or side yard setback area of the property so as to appear as a commercial child care center. The outdoor play area shall be grassed, fenced with a six-foot-high masonry wall or wood fence, and adequately separated from vehicular circulation and parking areas. Any entry gate shall be securely fastened.
F. Hours of operation may be restricted by the planning commission as deemed appropriate in order to control increased traffic or noise impacts upon a residential neighborhood caused by the approval of a use for a large family day care home.
G. Refuse Storage. Trash receptacles (including recycling containers) shall be located behind a side yard fence, garage or alleyway.
H. Outdoor Lighting. Any outdoor lighting installed as part of the facility shall be installed in such a manner that glare from the lighting is directed away from adjacent properties (including public rights-of-way) and of intensity compatible with the residential neighborhood. (Ord. 09-04 §2(b)(Exh. B)(part), 2009).
17.20.060 Fees.
From time to time, the city council shall by ordinance or resolution establish appropriate application and/or appeal fees for persons seeking approval/appeal of conditional use permit for a large family day care home. Such fees shall not exceed the reasonable cost of processing such an approval or appeal. (Ord. 09-04 §2(b)(Exh. B)(part), 2009).
17.20.070 Application contents and decision on application.
Fees charged for review shall not exceed the costs of the review and permit process. An applicant may request a verification of fees, and the city, county, or city and county shall provide the applicant with a written breakdown within forty-five days of the request. The application form for large family day care home permits shall include a statement of the applicant’s right to request written fee verification. The application shall request information necessary or convenient to allow the director of planning and development services to determine whether the application meets the standards required by this chapter and applicable state law.
Not less than ten days prior to the date on which the decision will be made on the application, the director of planning and development services shall give notice of the proposed use by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within a one hundred foot radius of the exterior boundaries of the proposed large family day care home. A hearing on the application for a permit issued pursuant to this paragraph shall not be held before a decision is made unless a hearing is requested by the applicant or other affected person. (Ord. 09-04 §2(b)(Exh. B)(part), 2009).
17.20.080 Appeals.
The applicant or other affected person(s) may appeal the decision of the director of planning and development services consistent with Chapter 17.22, Appeals. The appellant shall pay the costs, if any, of the appeal. (Ord. 09-04 §2(b)(Exh. B)(part), 2009).