A. Purpose and Applicability. This Section provides standards for the location, development, and operation of large family child day care homes for seven to 14 children in compliance with State law. The provisions in this Section shall apply to large family child day care homes which shall be allowed in all residential zones in compliance with Article 2 (Zones, Allowable Uses, and Development and Design Standards) and the following standards.
B. State Requirements. These standards shall apply in addition to requirements imposed by the California Department of Social Services.
C. Codes and Standards. All large family child day care homes shall comply with the following standards and obtain a Zoning Clearance, in compliance with Subsection C. 9., below:
1. Licensing. Prior to commencing business as a large family child day care home, the operator of a large family child day care home shall obtain and maintain a valid license from the California Department of Social Services in compliance with California Code of Regulations, Title 22, Division 12 (Child Care Facility Licensing Requirements), and a City Business License, in compliance with Municipal Code Chapter 5.04.
2. Care Provider’s Residence. The large family child day care home shall be the residence of the care provider, in compliance with Health & Safety Code Section 1596.78, as the same may be amended from time to time.
3. Fire Protection Systems. Mandatory fire extinguishers and smoke detector devices shall be installed and maintained in compliance with Building Code and Fire Code standards, and State law.
4. Location. Large family child day care homes shall be permitted in all residential zones, and shall comply with all property development standards for the respective residential zone in which they are located.
5. Separation.
a. A large family child day care home proposed within a residential zone shall not be located within a 300-foot radius of another large family child day care home, other day care facility, or group home facility, disregarding the corporate boundary of the City.
b. The Director may allow more than one large family child day care home within 300 feet of any another like facility specified in Subparagraph a., above, if the applicant first demonstrates one of the following to the satisfaction of the Director:
(1) Any existing large family child day care home located within 300 feet is at capacity; or
(2) The need exists for a particular or unique service not provided by an existing like facility specified in Subparagraph a. above, located within 300 feet of a proposed large family child day care home.
6. Parking and Drop-off/Pick-up Area.
a. The large family child day care home shall provide one off-street parking space for each permanent non-resident employee during business hours.
b. A minimum of two off-street parking spaces shall be provided as a drop-off and pick-up area. The spaces shall be in addition to those required for the dwelling unit in compliance with Chapter 10.30 (Off-Street Parking and Loading). A driveway may be used to provide the spaces, provided that the City Traffic Engineer approves the arrangement based on traffic and pedestrian safety considerations.
c. A passenger-loading plan shall be required to minimize noise and parking issues to the maximum extent possible.
d. Additional parking may be required to minimize impacts on adjacent parcels.
e. A facility located on a through street classified as a collector or arterial street shall provide a drop-off and pick-up area that does not require backing into the street.
7. Noise. In order to protect adjacent residential dwellings from noise impacts, a large family child day care home located within a residential zone may only operate a maximum of 17 hours each day between the hours of 6:00 a.m. and 11:00 p.m. and may only conduct outdoor activities between the hours of 8:00 A.M. and 8:00 P.M.
8. Signs. Signs shall comply with Chapter 10.34 (Signs).
9. Zoning Clearance Required. In compliance with the provisions specified in this Section, the applicant shall request that the Director issue a Zoning Clearance prior to the initiation or commencement of operation of the large family child day care home.
a. Change of Tenancy or Ownership. A new Zoning Clearance shall be obtained for a change of lessee, operator, or owner even when the change does not involve a change in the use being conducted on the subject property. The purpose of this provision is to ensure that the new lessee, operator, or owner is made aware of the Zoning Code requirements applicable to large family child day care homes.
b. Zoning Clearance Approval. The Director shall issue the Zoning Clearance after first determining that the request complies with all Zoning Code provisions applicable to the proposed use or structure.
c. Form of Approval. An approval may be in the form of a stamp, signature, a letter to the applicant, or other certification, at the discretion of the Director.
d. Final Decision. Decisions by the Director regarding the Zoning Clearance are final unless appealed to the Commission in compliance with Chapter 10.114 (Appeals). (Ord. 935 § 3 (part), 2015)