A. Purpose: This section provides standards for the location, development, and operation of large and small family childcare homes in compliance with state law.
B. Childcare; Large Family (9 To 14 Children):
1. Purpose: This subsection provides standards for the location, development, and operation of large family childcare homes for nine (9) to fourteen (14) children in compliance with state law.
2. Applicability: The provisions in this subsection shall apply to large family childcare homes, as defined by current state law, which shall be allowed in all residential zones in compliance with this article 2 and the following standards.
3. State And Other Regulatory Requirements: These standards shall apply in addition to requirements imposed by the California department of social services and other regulatory agencies (e.g., fire department).
4. Town Standards: All large family childcare homes shall comply with all of the following town standards:
a. Licensing: The operator of a large family childcare 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).
b. Special Use Permit Required:
(1) Review Of Permit; Director: A special use permit shall be reviewed and either approved or denied by the director in compliance with the provisions of Health And Safety Code section 1597.46(a)(3) and this section.
(2) Approval Of Permit: The permit may be approved only if the large family childcare home complies with Health And Safety Code section 1597.46(d), this section, all applicable town ordinances, and any regulations adopted by the state fire marshal.
c. Care Provider's Residence: The large family childcare home shall be the primary residence of the care provider, and the use shall be clearly residential in character and shall be incidental and accessory to the use of the property as a residence.
d. Fences Or Walls Required:
(1) A six foot (6') high fence or wall shall be constructed and properly maintained along all property lines or around the area where outdoor care is provided (as deemed appropriate by the director), except in the front setback area or within a clear sight triangle, in compliance with the requirements of section 9.07.090, "Fences, Walls, And Hedges", of this article 2.
(2) Fences or walls shall provide for safety with controlled points of entry.
e. Play Area And Equipment: Outdoor play area(s), including all stationary play equipment, shall be located in the rear area of the parcel or outside of required front or side yards.
f. Separation:
(1) A large family child daycare home proposed within a residential zoning district shall not be located within a three hundred foot (300') radius of another large family childcare home, other daycare facility, or group home facility, disregarding the corporate boundary of the town.
(2) The director may allow more than one large family childcare home within three hundred feet (300') of another like facility specified in subsection B4f(1) of this section, if the applicant first demonstrates one of the following to the satisfaction of the director:
(A) Any existing large family childcare home located within three hundred feet (300') is at capacity; or
(B) The need exists for a particular or unique service not provided by an existing like facility specified in subsection B4f(1) of this section, located within three hundred feet (300') of a proposed large family childcare home.
g. Drop Off/Pick Up Areas, And Use Of Garages:
(1) A minimum of two (2) 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 9.33, "Parking And Loading Regulations", of this title. A driveway may be used to provide the spaces; provided, the town traffic engineer approves the arrangement based on traffic and pedestrian safety considerations.
(2) A passenger loading plan shall be required to minimize noise and parking issues to the maximum extent possible.
(3) Additional off street parking may be required by the director to minimize impacts on adjacent parcels.
(4) 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.
(5) Garages shall not be used as a large family childcare play area unless alternative on site covered parking is available to meet minimum residential parking requirements and further, the garage is improved to meet building and fire code regulations as a habitable space.
h. Noise: In order to protect adjacent residential dwellings from noise impacts, a large family childcare home located within a residential zone may only operate a maximum of seventeen (17) hours each day between the hours of six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. and may only conduct outdoor activities between the hours of seven o'clock (7:00) A.M. and nine o'clock (9:00) P.M.
i. No Exterior Evidence: There shall be no exterior evidence and/or signage identifying the large family childcare home.
j. Inspection Required:
(1) Before commencing operation of a large family childcare home, the building and safety division shall conduct an inspection of the premises on which the large family childcare home is to be operated to ensure that there is no unpermitted building, electrical, and/or mechanical improvements to the property.
(2) The property owner shall obtain and finalize all required building permits for all unpermitted construction on the premises before commencing the on site operation of a large family childcare home.
k. Issuance Of Special Use Permit: The director shall issue the special use permit before the operation of the large family childcare home begins, once the operator has demonstrated compliance with Health And Safety Code section 1597.46(d), this section, all applicable town ordinances, and any regulations adopted by the state fire marshal.
C. Childcare; Small Family (1 To 8 Children):
1. Permitted By Right: As required by state law 1 , small family childcare homes (8 or fewer children) shall be considered a residential use of property and shall be an allowed use, permitted by right, within a residence located in a residential zone with no town land use permits required. The operator of a small family childcare 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). (Ord. 253, 12-16-2014)
Notes
| 1 | 1. HSC § 1597.30 et seq. (family day care homes). |