The following conditional uses may be permitted in accordance with the provisions of chapter 18 of this title: (Ord. 668, 8-2-1983)
A. Public and quasi-public uses of an educational or religious type including public and parochial elementary schools, junior high schools, high schools and colleges; child daycare centers, private nonprofit schools and colleges; churches, parsonages and other religious institutions.
B. Public and private charitable institutions, hospitals, sanitariums, rest homes and nursing homes, state authorized, certified and licensed "intermediate care facilities" and "community care facilities" serving more than six (6) clients and as defined by section 10-2-3 of this title. (Ord. 712, 6-21-1988)
C. Public uses of an administrative, recreation, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities; public playgrounds, parks and community centers.
D. Additional one-, two- or three-family dwelling units per site located in older predominantly single-family areas, up to a maximum of ten (10) housing units per net acre, with a minimum of three thousand (3,000) square feet of site area per dwelling unit, on parcels seven thousand five hundred (7,500) square feet or greater which are too narrow to construct additional dwelling units with individual street frontage.
E. Additional one-, two- or three-family dwelling units per site located within newly developing single-family areas in accordance with criteria and standards established by the general plan for medium density areas, including the following:
1. Lots of sufficient area, width and depth shall be created for such dwelling units only through the subdivision or parcel map land division processes, unless the planning commission or city council finds that a parcel created by metes and bounds is adequate for the purpose intended.
2. The total number of all dwelling units within the entire subdivision shall not exceed a ratio of seven (7) dwelling units per net acre of land.
3. There shall be a minimum of three thousand (3,000) square feet of site area per dwelling unit.
4. Lots shall have frontage on or in close proximity to an arterial or collector street.
F. Accessory structures and uses located on the same site with a conditional use. (Ord. 668, 8-2-1983; amd. Ord. 94-003, 2-22-1994)
G. Bed and breakfast inns in accordance with the provisions of section 10-13-4 of this title. (Ord. 687, 9-3-1985; amd. Ord. 2009-05, 9-22-2009)
H. "Large family daycare home", as defined in section 10-2-3 of this title, shall be subject to the following requirements:
1. Large family daycare homes shall be limited to a single- family dwelling which provides family daycare for seven (7) to twelve (12) children, inclusive, including children who reside at the home;
2. Large family daycare homes shall meet the following locational standards:
a. Located within a primary residential neighborhood.
b. The proposed use is not to be located within a six hundred foot (600') radius from another large family daycare home in the same area.
c. In order to avoid traffic congestion and to promote traffic control and safety, the vehicular and pedestrian access to the proposed use must be from a local residential street.
d. The planning commission may determine a large daycare home to be incompatible with a residential neighborhood if another nonresidential facility or use is facing or abutting the same block face or is within three hundred feet (300') of the proposed site.
3. Large family daycare homes shall comply with the following design standards:
a. Loading and unloading of children from vehicles shall only be permitted on the authorized driveway of the residence, approved parking area, or directly in front of the residence in order to promote the safety of the children and prevent traffic congestion or hazards.
b. Outdoor play area shall be grassed, fenced with a six foot (6') high masonry wall or wood fence, and adequately separated from vehicular circulation and parking areas. Any entry gate shall be securely fastened.
c. The play area shall not be located in any required front or side yard area.
d. Hours of operation may be restricted by the planning commission as deemed appropriate in order to control increased traffic or noise impacts upon a residential neighborhood caused by the approval of a use for a large family daycare home.
e. Noise generated by children at play shall be minimized by controlled supervision, and outside play periods should be scheduled for minimum noise impact on adjoining properties.
f. The residence shall have the minimum parking requirement as prescribed by this title for single-family dwellings or an approved parking area that will facilitate an officially designated zone for the unloading and loading of children being cared for by the facility.
g. Signage shall meet existing city code requirements for the zone district in which it is located.
4. No large family daycare home shall be commenced unless a use permit has been issued in accordance with this subsection:
a. An application for a use permit for a large family daycare home shall be made by the owner(s) of the real property, lessee, purchaser in escrow, or optionee with the consent of the property owner(s) on a prescribed form submitted by the city which shall be filed with the building department.
The application shall be accompanied by the required use permit fee.
b. The application shall also be accompanied by the following:
(1) A site plan and a floor plan depicting an area to be used for the caring of the children, designated play area and unloading and loading zone for the delivery of children, the location of fire extinguishers and smoke detectors.
(2) A designation of the hours of the day and days of the week during which the large family daycare home is proposed to be operated.
(3) Evidence showing that the applicant is a licensed operator pursuant to the provisions of the state department of social services, community care licensing, regulating childcare facilities.
c. The application shall be referred to the building official and the fire chief, who shall cause the premises to be inspected for compliance with this title and local building and fire codes; and, certifying installation of fire extinguishers and smoke detectors.
d. After the inspection shall have been completed and not less than ten (10) days prior to the date on which the decision will be made on the application, the planning director shall give written notice of the proposed use by mail to all property owners shown on the latest equalized assessment roll as owning real property within one hundred feet (100') of the exterior boundaries of the proposed large family daycare home.
e. No public hearing shall be required before a decision is made, unless a public hearing is requested by the applicant or other affected persons. If no request for a public hearing is requested, the planning commission shall consider the application for a large family daycare home as a nonpublic hearing item.
Appeal: The applicant or other affected person(s) may appeal the decision. The appellant shall pay the costs, if any, of the appeal.
f. The planning commission shall grant the use permit if it makes the following findings:
(1) The proposed facility meets the locational standards of subsection H2 of this section.
(2) The proposed facility complies with the provisions specified in regard to spacing and concentration, traffic control, parking and noise control relating to such use and other requirements as specified.
(3) The proposed facility complies with local building and fire codes regulating single-family residences.
5. General provisions:
a. A large family daycare home is exempt from the provisions of the California environmental quality act;
b. Use of a single-family dwelling for the purposes of a large family daycare home shall not constitute a change of occupancy for purposes of local building and fire codes and shall be considered a residential use for the purposes of zoning;
c. The provisions of this subsection do not prohibit restrictions on building heights, setbacks, or lot dimensions of a family daycare facility as long as those restrictions are the same as applied to other single-family residences.
d. Subject to the licensing and certification of the county, department of social services, community care licensing.
e. Subject to the licensing requirements of the city 1 . (Ord. 712, 6-21-1988; amd. Ord. 2009-05, 9-22-2009)
Notes
| 1 | 1. See title 3, chapter 2 of this code. |