Chapter 11.35
CHILD CARE FACILITIES

Sections:

11.35.010    Small family day care homes.

11.35.020    Large family day care homes.

11.35.030    Day care centers.

11.35.010 Small family day care homes.

Small family day care homes, as defined in Section 11.04.186, shall be considered a residential use of property and shall be a permitted use in all zones in which residential uses are permitted.

(Ord. 1859 § 9 (part), 1-28-91)

11.35.020 Large family day care homes.

Large family day care homes, as defined in Section 11.04.186, shall be a permitted use in the R-1-7500, R-1, R-2, R-3, R-4 and C-R zones subject to first obtaining an administrative use permit in accordance with the following procedures and restrictions:

(1)    Applications for an administrative use permit shall be submitted to the community development director, along with a fee in an amount specified by resolution of the city council.

(2)    Not less than ten days after the submittal of a complete application for an administrative use permit, the community development director shall give notice of the proposed use by mail or personal 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.

(3)    An administrative hearing on the application for a permit issued pursuant to this chapter shall not be held unless requested by the applicant or other person owning real property within a one hundred foot radius of the exterior boundaries of the proposed large family day care home.

(4)    The community development director shall approve the application for the administrative use permit if the proposed large family day care home complies with the following requirements:

(A)    It is located on a lot that has a width of not less than fifty feet;

(B)    It is located on a lot that has a minimum lot area of five thousand square feet;

(C)    It provides one off-street parking space for each employee in addition to the parking space required pursuant to Section 11.34.020(1);

(D)    It provides an area for parents or guardians to drive a vehicle onto the site to drop-off and pick-up children;

(E)    It is not located within a three hundred foot radius of an existing large family day care home. If it is located between a three hundred and five hundred foot radius of an existing large family day care home, as shown on a map or maps kept on file in the community development department, then the community development director shall find that:

(i)     The existing large family day care home is operating at full capacity in accordance with the standards contained in Division 12 of Title 22 of the California Code of Regulations; or

(ii)    A need exists for a particular service in the immediate vicinity of the existing large family day care home, as determined by the State Department of Social Services, which would be met by the proposed facility and is not provided by the existing large family day care home;

(F)    It complies with the provisions of the city’s noise ordinance contained in Chapter 11.29 of this code;

(G)    It has been licensed for such use by the state of California;

(H)    It complies with all State Fire Marshal requirements for building and safety which apply to large family day care homes, and with all local building and fire codes which apply to single family residences.

(5)    The decision to grant, deny or revoke an administrative use permit for a large family day care home may be appealed by the applicant, a person owning real property within one hundred feet of the exterior boundary of the proposed large family day care home, or by the State Department of Health Services, by filing a written appeal with the director of community development on a form provided by the city by five p.m. on the tenth day following the date the decision was made. Upon the filing of an appeal, the decision will be stayed until the appeal is acted upon by the planning commission.

(6)    An administrative use permit for a large family day care home may be revoked by the director of community development after notice and a hearing, as provided in subsection (2) of this section, upon a finding that any one of the following has occurred:

(A)    The permit was obtained by fraud;

(B)    The use for which such approval was granted is not being exercised;

(C)    The use for which such approval was granted has ceased to exist or has been suspended for one year or more;

(D)    The administrative use permit is being, or recently has been, exercised contrary to the terms of this section, or any other ordinance, statute, law or regulation; or

(E)    The use for which the approval was granted was so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance.

(Ord. 1859 § 9 (part), 1-28-91)

11.35.030 Day care centers.

A day care center shall be a permitted use in the R-3, R-4, C-R and C-3 zones subject to the minimum requirements for large family day care homes specified in subsection D of Section 11.35.020 and any additional state licensing requirements specified in Division 12 of Title 22 of the California Code of Regulations. A day care center shall be a prohibited use in the R-1-7500, R-1, R-2, C-2, C-M, M-2 and M-3 zones.

(Ord. 1859 § 9 (part), 1-28-91)