Chapter 18.56
CHILD CARE HOMES AND CENTERS
Sections:
18.56.01 Intent and Purpose.
The State of California has enacted laws and regulations with the intent to provide for the care of children as well as mentally and physically handicapped persons in an appropriate environment. The purpose of this chapter is to implement said laws and regulations and provide facilities for the care of persons.
18.56.02 Definitions.
(1) Family day care home. Means a home which regularly provides care protection, and supervision of 12 or fewer children, in the provider’s home, for periods of less than 24 hours per day, while the parents or guardians are away, and includes the following:
(a) Small family day care home. Means a home which provides family child care to six (6) or fewer children including children under the age of 10 years who reside at the home. The use of small family child care homes shall be considered a residential use of property for all residential zone districts.
(b) Large family day care home. Means a home which provides family child care to seven (7) to twelve (12) children including children under the age of 10 years who reside at the home. The use of large family child care homes shall be considered a residential use of property for all residential zone districts.
(2) Child care center. Means any child care facility of 13 or more children (other than a family child care home), and includes infant centers, preschool, and extended child care facilities. Such a facility shall provide non-medical services to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. (Ord. 692, 1995)
18.56.03 Regulations.
(1) Small Family Day Care Home
(a) Requirements. Small family day care homes as defined herein shall be a permitted use in all residential zones, provided said uses are housed within structures which comply with the development standards required of all structures within the zoning district. Notwithstanding any other provisions of this chapter, and pursuant to Section 1597.45 of the Health and Safety Code, small family day care homes which are properly licensed pursuant to the provision of the Child Day Care Act shall be considered a residential use of property and shall be allowed as a matter of right in all residential zones. Small family day care homes shall also be allowed as a matter of right in single family dwelling units in non-residential zones, so long as they are a legal non-conforming use.
(b) Agency clearances. Proper state licensing shall be obtained prior to operation.
(c) Home Occupation Permit. Pursuant to Chapter 18.32, a home occupation permit shall be obtained prior to operation.
(2) Large Family Day Care Home.
(a) Requirements: Operation of a large family day care home shall be subject to the review and approval of a large family day care permit by the Director of Community Development in accordance with the following:
(i) Not less than ten (10) days prior to the decision date by the Director of Community Development, the City shall mail notices of the proposed use to all property owners as shown on the last equalized assessment rolls within a 100-foot radius of the property boundaries of the proposed large family day care home site.
(ii) A decision on the Permit shall be made by the Director of Community Development, without a formal hearing, unless one is requested by either the applicant or other affected persons. For the purpose of this chapter, an affected person shall mean a person who owns or who lives within a 100-foot radius of the proposed facility. If so requested, the hearing shall be scheduled for the next available Planning Commission hearing and the Planning Commission shall hear the request. Unless otherwise appealed, the decision of the Director of Community Development shall be final.
(b) Agency Clearances. Proper state licensing shall be obtained prior to operation, including provisions for Fire Department clearance.
(c) Large Family Day Care Home Permit Requirements.
(i) Development Standards. In accordance with the purpose of this chapter, all large family day care homes shall comply with the development standards for the zoning district in which they are located, including but not limited to the following: (Ord. 692, 1995)
a. A six (6) foot high fence and/or wall shall be erected around the side and rear property lines, behind the front yard setback.
b. Adequate parking and driveway, as required by the zoning district in which the facility is located shall be provided and maintained.
c. One (1) off-street parking space for each outside employee shall be provided. Said parking space(s) may be provided on the driveway.
d. Outdoor play areas shall be located in the rear yard or side yard of the property, and not permitted within the front yard.
(ii) Findings for granting permit.
a. Site complies with all zoning criteria and development standards for residential development.
b. Use is incidental and subordinate of its use for residential purposes.
c. The outdoor area must be either owned or leased by the applicant, and cannot be shared with other property owners.
d. Facility is located more than 500 feet from any other large family day care home or child day care center, or the Director determines that over-concentration of facilities within the area will not result from the facility.
e. Facility has adequate off-street parking for the primary residential use and each employee.
f. Access and drop-off facilities will not interfere with traffic and circulation of the neighborhood and can be facilitated in a safe and effective manner.
g. Design will minimize to the degree possible, excessive noise impacts to adjoining properties.
(iii) Conditions of Approval. The applicant shall be required to:
a. Comply with the applicable provisions of the Uniform Building Code, as adopted by the City of Norco.
b. Comply with any standards promulgated by the State Fire Marshall and the City of Norco Fire Department relating to the subject of fire and life safety in large family day care homes, and the applicable provisions of the Uniform Fire Code.
c. Be licensed or deemed exempt from licensing by the State of California as a large family day care home.
d. Operator(s) reside at the residence. Additional care givers, required under State of California Health and Safety Code, need not live in the home.
e. No signs advertising the use of the property as a family day care home shall be permitted. (Ord. 692, 1995)
f. Comply with any conditions imposed by the Director of Community Development, deemed necessary to satisfy the requirements of subsection (b) findings.
(3) Child care center.
(a) Requirements. Operation of a child care center shall be subject to the review and approval of conditional use permit, in accordance with the following:
(i) Commercial zoning districts. Child care centers as defined herein shall be a conditionally permitted use in all commercial zones.
(ii) Non-Commercial Zoning Districts. Child care centers as defined herein shall be a conditionally permitted use in all non-commercial zones. A conditional use permit in accordance with the provisions of Chapter 18.45 of the Norco Municipal Code shall be obtained prior to operation of said facility.
(iii) Development Standards.
a. Play area shall have a minimum fence height of five (5) feet. Wall and/or fencing shall be either block wall, wrought iron, or wood fencing.
b. Play areas shall be located as to not be subjected to noise levels greater than 60 dBA, including roadway noise levels stipulated in the General Plan as well as other sources identified.
c. Play areas shall be located at a minimum of ten (10) feet from any public right-of-way.
d. One (1) off-street parking stall shall be provided for every four (4) children, and one (1) for every employee on the largest shift.
e. Loading and unloading area for children shall be provided to accommodate no less than two (2) vehicles, and shall be located within proximity to the main entrance. Location of loading area across major drive aisles is not acceptable.
(iv) Findings for granting Permit.
a. Adjacent development will not constitute a hazard to children.
b. Site complies with all zoning criteria and development standards for the zoning district.
c. Facility has outdoor activity space of 75 square feet for each child who is not an infant. The outdoor area must be either owned or leased by the applicant, and cannot be shared with other property owners.
d. Facility is located more than 500 feet from any other facility, or it is determined that over-concentration of facilities within the area will not result from the facility.
e. Facility has adequate off-street parking for the number of children and each employee. (Ord. 692, 1995)
f. Access and drop-off facilities will not interfere with traffic and circulation of the area and on-site.
g. Facility will not materially reduce the privacy or use otherwise enjoyed by adjoining properties.
h. Design will minimize to the degree possible, excessive noise impacts to adjoining properties.
(v) Conditions of Approval. The applicant shall have minimum requirements to:
a. Comply with the applicable provisions of the Uniform Building Code, as adopted by the City of Norco.
b. Comply with any standards promulgated by the State Fire Marshall and the City of Norco Fire Department relating to the subject of fire and life safety in child care centers, and the applicable provisions of the Uniform Fire Code.
c. Operator/applicant shall be licensed or deemed exempt from licensing by the State of California as a child care center.
d. Comply with any conditions imposed by the Director of Community Development, deemed necessary to satisfy the requirements of subsection (iv) (findings).
(b) Agency Clearances. Proper state licensing shall be obtained prior to operation, including provisions for Fire Department clearance. (Ord. 692, 1995)