(A) Intent: This section is intended to ensure that daycare facilities, as defined in section 6-1-19 of this title, which provide childcare in a residential zone district does not adversely impact the adjacent neighborhood. While family daycare facilities are needed by city residents in close proximity to their homes, care must be taken to prevent the potentially adverse traffic conditions, noise and safety impacts this land use could have on the community. It is further the intent of this section to allow daycare operations in residential surroundings to give children a home environment which is conducive to healthy and safe development.
(B) Performance Standards For Small Daycare Facilities:
1. General Requirements: A small family daycare facility shall conform to all property development standards and permit procedures of the zone district in which it is located, in addition to the provisions of this section and any requirements governed by California Health And Safety Code section 1597.46.
2. Outdoor Play Area: An outdoor play area shall be provided, which complies with the provisions of the California Health And Safety Code governing child daycare homes. Stationary play equipment shall not be located in required front or side yard setbacks.
3. Fences And Walls: When located within or adjacent to a nonresidential district, a six foot (6') high solid fence or wall shall be constructed on all such property lines, except within the front yard area where the fence or wall shall not exceed forty inches (40") in height. Materials, textures, colors and design of the fence must be compatible with on site development and adjacent properties. All fences or walls shall provide for child safety with controlled points of entry.
4. Landscaping: On site landscaping shall be maintained in good physical condition.
5. On Site Parking: On site parking for home based daycare facilities located within residential zone districts shall require no more than two (2) on site spaces.
6. Passenger Loading: A passenger loading/unloading plan shall be reviewed and approved by the public works director.
7. Lighting: All lighting shall comply with the provisions of section 6-13-8, "Light And Glare", of this title, except that when located within a residential district, lighting shall be directed away from adjacent properties and public rights of way, except for passenger loading areas.
8. Hours Of Operation: For the purposes of noise abatement, daycare facilities in residential districts may only operate between the hours of six o'clock (6:00) A.M. and seven o'clock (7:00) P.M., seven (7) days a week.
9. Outdoor Activity: For the purposes of noise abatement, outdoor activities for daycare facilities in residential districts may only be conducted between the hours of eight o'clock (8:00) A.M. to seven o'clock (7:00) P.M.
10. State And Other Licensing Requirements: All daycare facilities shall be state licensed and shall be operated according to all applicable state and city regulations.
(C) Performance Standards For Large Family Daycare Facilities: Applicants for large family daycare facilities, seven (7) to twelve (12) children, shall be required to submit an application to the planning department for a large family daycare facility. This application, which may be obtained at the office of the planning department, requires the applicant's signature to acknowledge that the following conditions shall be adhered to if the permit to operate is to remain valid:
1. Single-Family Dwelling; Use Secondary: The facility is a single-family dwelling and is the principal residence of the provider. This use as a family daycare home is clearly incidental and secondary to the use of the property for residential purposes.
2. Structural Alterations: No structural changes or signage is proposed which will alter the character of the single- family residence.
3. Parking: In addition to the required off street parking for the residence, a minimum of one off street parking space per employee is required. The residential driveway is acceptable as such a parking space if said parking space will not conflict with any required child drop off or pick up area and does not block the public sidewalk or any portion of the city right of way.
4. Noise: The operation of the large daycare facility shall comply with noise standards contained in the noise element of the general plan and with section 6-11-18, "Noise Hazards", of this title.
5. Drop Off, Pick Up Area: Any residence located on an arterial street must provide a drop off and pick up area designed to prevent vehicles from backing onto an arterial roadway. Curbside drop off and pick up is acceptable if a curbside parking lane exists adjacent to the property. If existing curbside parking (drop off and pick up) is converted to a travel lane, this permit shall be terminated unless an adequate drop off and pick up area can be provided elsewhere to the satisfaction of the public works director.
6. Code Compliance: The provider shall comply with all applicable building code and fire code regulations regarding health and safety requirements. Provider shall, prior to operating the facility, apply for and receive a change of occupancy permit from the building official.
7. State License: The provider has secured a large family daycare facility (home) license from the state of California, department of social services.
8. Adverse Affects: The facility shall be operated in a manner which will not adversely affect adjoining residences or be detrimental to the character of the residential neighborhood in which it is located.
9. Additional Provisions: In addition to the provisions of this subsection (C), all provisions of subsection (B) of this section, not in conflict with this subsection, shall apply. (Ord. 768-08, 8-19-2008)