This section establishes standards for the provisions of child day-care facilities, in conformance with state law and in a manner that recognizes the needs of day-care operators and minimizes the effects on surrounding properties. These standards apply in addition to the other provisions of this development code and requirements imposed by the California department of Social Services. Licensing by the department of Social Services is required for child day-care facilities.
A. Definitions. For the purpose of this section, the following definitions shall apply. Additional definitions are contained in Article VI (Definitions):
1. Small Family Day-Care Homes (Eight or fewer Children). Allowed within a single-family or a multi-family residence located in a residential zoning district, with no city land use permits or clearances required;
2. Large Family Day-Care Homes (Nine to fourteen (14) Children). Allowed within a single-family or multi-family residence located in a residential zoning district with no city land use permits or clearances required; and
3. Child Day-Care Centers. Allowed in the zoning districts determined by Article II (Zoning Districts and Allowable Land Uses), subject to conditional use permit approval, in compliance with Chapter 16.52, and the standards in subsection B. (Standards for Child Day-Care Centers) below.
B. Standards for Child Day-Care Centers.
1. Fire Department Standards. The facility shall contain a fire extinguisher(s), CO detector(s), and smoke detector device(s) and comply with the standards established by the city fire department, as well as, all applicable state requirements.
2. Health and Safety Standards. Each facility shall be inspected by the city for compliance with any regulations adopted by the state Fire Marshal concerning health and safety standards which are applicable to care facilities.
3. Noise. In order to protect adjacent residential dwellings from noise impacts, a facility within a residential zoning district may only operate up to fourteen (14) hours for each day between the hours of six a.m. and eight p.m. and may only conduct outdoor activities between the hours of seven a.m. and seven p.m.
4. Off-Street Parking Standards. Each facility shall have the number of parking spaces in compliance with Chapter 16.34 (Parking and Loading Standards).
5. Separation Standards. A residential parcel shall not be bordered on more than one side by a child day-care facility and a child day-care facility shall not be legally operated on a parcel within three hundred (300) feet of the parcel subject to the application.
6. Fence or Wall. A six-foot high solid decorative fence or wall shall be constructed on all property lines, except in the front yard or within a traffic safety sight area. Fences or walls shall provide for safety with controlled points of entry in compliance with Chapter 16.22 (Fences, Hedges, and Walls);
7. Indoor Play Areas. The facility shall be provided with indoor play areas in compliance with state requirements.
8. Outdoor Play Areas. The facility shall be provided with outdoor play areas in compliance with state requirements; and
9. Swimming Pools/Spas. Swimming pools/spas shall meet County and state requirements.
(Ord. 556 § 14, 2020; Ord. 538, Exhibit A (part), 2018; Ord. 182 § 2 (part), 1997)