An LDC is required prior to operating a large family day care home within a residential zoning district or residential structure.
(1) Every applicant for a LDC shall submit a complete city administrative permit application together with all fees, plans, maps and other required information. The fee shall be established by resolution of the city council.
(2) The applicant for an LDC shall reside in the home where the large family day care home is proposed.
(3) When the applicant is not the property owner of the site where the large family day care home is proposed, a notarized property owner's affidavit of consent to operate a large family day care home shall be submitted in conjunction with the application.
(4) The community development director or designee ('Director') shall conduct the LDC review process, including notification and a public hearing (if requested by the applicant or affected person) in accordance with California Health and Safety Code Section 1597.46, or any successor provision.
(5) The decision to approve or deny a LDC shall be made by the director within thirty calendar days of the date of submission of a completed application. Applications determined to be incomplete shall be returned with written notification of the deficiency.
(6) If the application is denied, the director shall specify the grounds for the decision in a written notice to the applicant. A copy of the decision shall be mailed to any affected person who requested a hearing. The applicant and any affected person shall have the right to appeal the decision to the planning commission. Appeals shall be filed and processed in accordance with Chapter 21.88 (“Appeals”) of Title 21 of the city's Municipal Code. However, noticing for the appeal hearing shall be limited to the affected persons and the applicant. The appellant shall be responsible for payment of any appeal fees as established by resolution of the city council. When more than one appeal is received, the costs shall be evenly divided among the appellants.
(7) The applicant and any affected person shall have the right to appeal the decision of the planning commission to the city council. Appeals shall be filed and processed in accordance with Chapter 21.88 ('Appeals') of Title 21 of the city's Municipal Code. However, noticing for the appeal hearing shall be limited to the affected persons and the applicant. The appellant shall be responsible for payment of any appeal fees as established by resolution of the city council. When more than one appeal is received, the costs shall be evenly divided.
(Ord. 651, § 12, 2012).