18-19.260 Child and Adult Day Care.
a. Purpose and Intent. The provisions set forth in this section are intended to enable child and adult day care opportunities throughout the City, to ensure that day care facilities will be compatible with residential uses and to comply with applicable sections of the Health and Safety Code of the State of California.
b. Permits Required.
1. Adult day care facilities serving six (6) or fewer clients on site at one (1) time and small family day care homes for eight (8) or fewer children are considered residential uses for the purposes of zoning regulation. They may be established in all zones where dwellings are allowed. No use permit is required.
2. Adult day care facilities serving seven (7) to twelve (12) clients on site at one (1) time and large family day care homes for children may be established in any zone where dwellings are allowed, subject to performance standards listed below. These facilities require written approval by the Director, consistent with the following review procedures:
(a) Public Notice. Mailed notice of the proposed use shall be given to all property owners within no more than a one hundred (100') foot radius of the exterior boundaries of the proposed facility site, no fewer than ten (10) days prior to the Director’s action to approve or deny an application for a day care facility serving seven (7) to twelve (12) adults or nine (9) to fourteen (14) children. If no written request for hearing is received by the Community Development Department within ten (10) days from the mailing of these notices, the Director may approve the requested use upon submission of all required information and without further notice or public hearing.
(b) Public Hearing. A public hearing shall be required if requested in writing by the applicant or any other affected person.
(c) Approval. The Director is authorized to approve day care facilities serving seven (7) to twelve (12) adults or seven (7) to fourteen (14) children. In accordance with applicable sections of the California Health and Safety Code, the Director shall approve the use when the Director determines that the proposed facility:
(1) Complies with all applicable provisions of the Fire Code regarding health and safety; and
(2) Complies with property development standards, Article 18-20, and with sign regulations, Article 18-21; and
(3) Has been issued a day care license from the State of California, Department of Social Services; and
(4) Will satisfy performance standards of this section relating to noise, traffic and parking.
(d) City Regulatory Authority for Family Day Care Homes. In accordance with the California Health and Safety Code, the City cannot deny an application for a large family day care home, but can apply standards or conditions of approval to address concentrations of these types of uses within a neighborhood, traffic control and parking and noise control. Also, in accordance with State law, the City may not impose fees for small or large family day care home applications or business licenses.
3. Day care facilities serving more than twelve (12) adults or more than fourteen (14) children require approval of an administrative use permit where not otherwise allowed or prohibited, consistent with Section 18-18.010, Uses Allowed by Zone, and Article 18-28, Use Permits. These facilities are subject to the performance standards outlined below.
c. Performance Standards for Day Care Facilities Serving More than Six (6) Adults or More than Fourteen (14) Children.
1. Noise. The day care facility shall be subject to all applicable provisions of the City’s Noise Regulations and General Plan Noise Element. Where the day care facility is adjacent to housing in a residential zone, outdoor play and activities shall be prohibited prior to 9:00 a.m.
2. Traffic. Designated delivery and pick-up areas shall not pose any traffic or safety hazards. Operators of day care facilities shall provide carpool-matching services to all clients.
3. Parking.
(a) Day care facilities with seven (7) to twelve (12) adults or nine (9) to fourteen (14) children, one (1) on-site parking space is required, in addition to parking required for the residence, except when the Director finds that adequate on-street parking exists for dropping off and picking up clients.
(b) Day care centers with more than twelve (12) adults or more than fourteen (14) children must provide two (2) spaces per facility and one (1) space for each twelve (12) day care clients (based on the facility’s license), rounded to the nearest whole number, in addition to any spaces required for the residential use.
d. Day Care as an Accessory Use. When day care facilities are accessory to another use requiring a permit, only one permit application need be filed and acted on. As accessory uses to schools and churches and where an employer provides on-site child care to fourteen (14) or fewer children for the exclusive use of employees, day care is allowed by right, providing the primary use meets City parking standards.
e. Exceptions. Nothing in this section shall prohibit applicants from requesting exceptions or variances from the strict interpretation of the Zoning Regulations to the extent allowed by said regulations. The Director may authorize minor exceptions to performance standards upon finding that:
1. The modification is in accordance with the intent and purpose of the Zoning Regulations and consistent with City day care policy.
f. Nonconforming Status. All day care facilities licensed by the State at the time of ordinance adoption (2020) shall be considered legal nonconforming uses, consistent with Article 18-23 of these regulations, except that nonconforming day care facilities may not be changed to another nonconforming use. (Ord. #248-2020, S2 (Exh. A))