Chapter 17.63
FAMILY DAY CARE HOMES
Sections:
17.63.020 Child care – Small family day care homes.
17.63.030 Child care – Large family day care homes.
17.63.040 Application – Large family day care homes.
17.63.050 Notice – Large family day care homes.
17.63.060 Hearing – Large family day care homes.
17.63.070 Approval – Large family day care homes.
17.63.080 Noncompliance – Large family day care homes.
17.63.010 Purpose and intent.
This chapter is intended to accommodate the development of facilities for child care, health care, and social services by establishing standards and conditions which enable such facilities to be created in accordance with state law and which also protect the character and integrity of surrounding property and neighborhoods. (Ord. 93-1760 § 1, 1993.)
17.63.020 Child care – Small family day care homes.
Small family day care homes providing care for six or fewer children are a permitted use in all residential districts provided the operator has and maintains the appropriate license from the state of California. (Ord. 93-1760 § 1, 1993.)
17.63.030 Child care – Large family day care homes.
Large family day care homes providing care for seven to 12 children shall be permitted in all residential, estate and agricultural districts; provided, that the home obtains a city permit and complies with the conditions listed in CMC 17.63.070. (Ord. 93-1760 § 1, 1993.)
17.63.040 Application – Large family day care homes.
Applications for large family day care homes shall be filed with the community development department together with a filing fee as established by resolution of the city council. Application shall be accompanied by information and materials determined necessary by the community development department and reasonably related to areas of lawful city concern and authority, including but not limited to a site plan, a floor plan, a drop-off and pick-up plan, and documentation showing that all requirements for licensing have been met. (Ord. 93-1760 § 1, 1993.)
17.63.050 Notice – Large family day care homes.
Within 10 calendar days after the application has been deemed complete, written notice of the proposed child care facility and information regarding the time limits to request a hearing by the planning commission shall be sent to all property owners and residents within a 100-foot radius, as well as to the planning commission and the city council. Requests for a hearing made by members of the public shall be in writing and submitted to the chief planning official. If, within 15 calendar days after notice has been mailed, no requests for a hearing have been received, the chief planning official shall approve the application; provided, that the conditions in CMC 17.63.070 have been met. (Ord. 93-1760 § 1, 1993.)
17.63.060 Hearing – Large family day care homes.
If a request for a hearing has been submitted to the chief planning official, a date shall be set not less than 30 calendar days and not more than 60 calendar days from the date the notice was sent. At the hearing, the planning commission shall consider the information submitted in the application and the comments of the applicant and affected citizens. If the commission determines that the conditions listed in CMC 17.63.070 have been met, it shall grant approval of the application. (Ord. 93-1760 § 1, 1993.)
17.63.070 Approval – Large family day care homes.
A large family day care home shall be approved if the facility meets the following requirements:
A. The facility must comply with all applicable child care, health, safety, and welfare regulations and receive and keep current a state license for the specific facility and number of children.
B. A large family day care home shall not locate within 600 feet of a similar facility provided for under state law, including smaller facilities. The planning commission may reduce this distance to not less than 300 feet if the commission finds a significant neighborhood need for the facility exists and that the facility will not adversely affect the surrounding properties and residents.
C. The applicant shall provide a drop-off and pick-up plan which is considered safe by city staff. Sufficient space shall be provided on-site for the simultaneous drop-off and pick-up from two vehicles.
D. A two-car garage shall be kept clear and available for parking two automobiles. The required garage shall not be used as a child care or play area.
E. The facility shall comply with Chapter 9.40 CMC (noise ordinance). No child who is being provided with care and supervision shall play outdoors between the hours of 9:00 p.m. and 8:30 a.m.
F. Outdoor play areas shall be enclosed with a combination of building walls and solid fences or walls with a minimum height of five feet.
G. Signs or other exterior evidence identifying the home as a day care facility are prohibited.
H. The permit is granted to the applicant and location only and is nontransferable. If the use lapses for a period in excess of six months, then the permit shall expire.
I. The entire facility shall comply with all local, state and federal regulations.
J. The applicant shall allow the city the right to inspect the facility during reasonable business hours. The focus and intent of the inspection must be reasonably related to areas of lawful city concern and authority. (Ord. 93-1760 § 1, 1993.)
17.63.080 Noncompliance – Large family day care homes.
The planning commission may revoke approval of the large family day care home upon a determination at a public hearing that the above conditions are not being met. Notification of the hearing shall be in accordance with standard notice procedures. The applicant or any interested person may appeal the decision of the planning commission to the city council within 10 calendar days of the planning commission hearing. The applicant shall be responsible for all city enforcement costs associated with the revocation of a permit as a result of the violation of applicable conditions. (Ord. 93-1760 § 1, 1993.)