§ 16.60

The general purpose of this Chapter is to implement the Child Care component of the Community Facilities Element of the General Plan. Implementation of said component includes the establishment of a fund to enable the development of facilities sufficient to meet existing and future preschool and school age child care needs. It is the policy of the City of Clayton to assist and encourage the development of adequate, affordable child care. It is recognized the provision of child care requires a partnership between public and private participants and that the role of the City of Clayton is to establish land use policies and ordinances to promote the provision of child care facilities in this community. It is further recognized that new development requires child care infrastructure. Existing development will benefit from said infrastructure and shall contribute to the establishment of child care facilities through the allocation of a portion of the

transfer tax received by the City, the percentage to be fixed by Council Resolution. Further, it is a policy of the City of Clayton to encourage, whenever possible, joint use facilities such as, but not limited to, public schools, churches, parks or other community facilities.

(Ord. 252. 1988; Ord. 325, 1996)

The Planning Department shall be designated as the City Agency responsible to ensure the coordination of child care needs assessments, the provisions of information concerning child care, and to assist in the preparation of child care programs (where appropriate), to assign the use of any child care funds generated by this Chapter to provide for the establishment of child care facilities and to coordinate the development of a child care program within City government.

(Ord. 252. 1988; Ord. 325, 1996)

The City Council may from time to time adopt by Resolution regulations for the administration of this Chapter, including procedures and policies.

(Ord. 252. 1988; Ord. 325, 1996)

Unless otherwise specifically provided, the following definitions shall govern the interpretation of this Chapter.

A.

"Child Care Facility". Child Care Facility or facility means an existing or proposed child day care facility and related improvements and structures as defined in Health and Safety Code Sections 1596.750.

Such child care facility includes the building, equipment, and any accessory structures, programs and personnel licensed by the State for direct child care services providing but not limited to shelter, food, educational, and play opportunities for less than twenty-four (24) hours per day.

B.

"Project" means any new residential development resulting in the addition of more than one bedroom, and any new non-residential development resulting in more than two thousand five hundred (2,500) gross square feet except buildings or improvements related to the following:

1.

Day care centers;

2.

Schools;

3.

Hospitals;

4.

Churches;

5.

Senior housing projects;

6.

Second residential units, as defined in Government Code Section 65852.2(e)(3);

7.

Units dedicated for persons of low and moderate income by official agreement and instrument of the City of Clayton; and

8.

The significant repair or reconstruction of a building resulting from damage by fire or other natural disaster, provided there is no intensification of the use or enlargement of the building.

(Ord. 252. 1988; Ord. 325, 1996)

Prior to issuance of a building permit for any project defined herein, applicant shall pay a fee or participate in the construction and establishment of child care facilities, in accordance with the following:

A.

Fees. The per unit fee shall be computed as follows:

1.

For residential development - the anticipated preschool and grade school pupil yield rate, per unit, multiplied by the number of units approved in the development, multiplied by the percent of residents anticipated to desire child care, multiplied by the per child cost of providing said child care in Clayton, divided by the number of units in the project, and

2.

For non residential development - the gross square feet of the project, multiplied by the projected number of employees, multiplied by the projected number of grade school age child care arrangements per employee, multiplied by the per child cost of providing said child care in Clayton.

Mixed residential/non-residential development - the sum of the fee required for each component, as stipulated in subsections A. and B. of this section.

The specific formula used to calculate the fee shall be indicated in a City Council Resolution establishing fee and charges. The fee may be reviewed annually utilizing the best available information, including the annual monitoring report required herein.

B.

Facilities in lieu of fees. The developer of a residential or non-residential project may, by instrument of the City of Clayton, satisfy the requirement for the payment of fees by agreeing to participate in the construction and establishment of one or more child care facilities. Such participation shall be secured generally as follows:

1.

Cost of Participation. The type and cost of participation shall bear a direct relationship to the fee otherwise required in subsection A. The Construction Cost Index, prevailing wage rates, and the best available index of costs of equipment and supplies shall determine the level of participation relative to the required fee.

2.

Type of participation. The Planning Department shall determine the type and extent of participation in the construction and establishment of facilities.

3.

Verification of participation. The Planning Director shall require that the developer submit a certificate of participation in meeting these requirements. Said certificate shall consist of documentation sufficient to enable the Director to readily determine compliance with the provisions of this Chapter. Upon receipt of such certificate, the Director shall issue a notice that the developer has complied with the requirements of this Chapter.

(Ord. 252. 1988; Ord. 325, 1996)

There is hereby established a separate fund within which shall be placed all fees required to be paid pursuant to this Chapter. Said fund shall be utilized to provide child care facilities within the corporate limits of the City of Clayton and to provide related services for residents and employees. The fund may also be used to cover the cost of a survey or assessment by the City Staff or retained consultant of the estimated child care needs for the project. The assessment shall include information on the location and capacity of existing or proposed child care facilities and how these will be used, established, maintained, and operated; the survey shall also include information addressing the facility expenses and parents' (guardians') ability to afford the child care facilities surveyed.

(Ord. 252. 1988; Ord. 325, 1996)

Funds may be made available to licensed child care providers based on the child care needs as determined in the survey and assessment. These funds shall be applied to facilities for development or maintenance.

(Ord. 252. 1988; Ord. 325, 1996)

A.

Upon the determination by the City Council that sufficient funds are available to provide assistance for the establishment or construction of a child care facility, the City Council shall request proposals from licensed child care facility at a designated site mutually approved by the City Council and, where applicable, the Mt. Diablo Unified School District. Proposals shall be evaluated utilizing, among others, the following criteria:

1.

Ability of the provider to document existing or pending non-profit status;

2.

Knowledge and experience of the provider in State of California child care facility licensing requirements and procedures;

3.

Documented education, training and experience of provider staff in managing and operating the type and size of facility proposed to be established;

4.

Documented experience of the provider in the construction, establishment and start-up of new child care facility, including the ability to secure equipment and supplies for the proposed facility;

5.

Suitable assurance by the provider of adequate employee compensation, in accordance with prevailing rates;

6.

Suitable assurance by the provider that the program and services offered at the facility will be safe, will be affordable, and will be of good quality consistent with or exceeding the state of the area in child care services delivery, as determined by the City Council.

7.

Proof of liability insurance coverage with limits of no less than amounts set by City Staff and policy provisions acceptable to City Attorney.

B.

The City Council may make available sufficient fees from the Child Care Fund for the establishment or construction and initial start-up of a facility.

C.

To the extent possible, child care facilities shall be integrated with other facilities. Cooperative efforts with public and private school shall be encouraged as the preferred method to provide off-site child care. Coordinated use of recreational or common areas with projects, with churches, parks or community facilities is to be fostered as a secondary method to provide child care facilities.

(Ord. 252. 1988; Ord. 325, 1996)

Annually a child care facilities report shall be submitted by the City Manager to the City Council for review and approval. Said report shall itemize the use of all funds expended for child care facilities and related activities. The report shall review the criteria for assessment of funds allocated for facility establishment or construction.

(Ord. 252. 1988; Ord. 325, 1996)

Any developer shall provide deed notification to all purchases or lessees that a child care facility may be located at any residential unit or lot or in any common area or facility within the project, as determined by the Planning Director.

(Ord. 252. 1988; Ord. 325, 1996)

Any applicant or developer shall provide in the covenants, conditions and restrictions, if any, or in similar documents, that a child care facility may be located at any residential unit or lot or in any common area or facility within the project, as determined by the Planning Director.

(Ord. 252. 1988; Ord. 325, 1996)

The Planning Director shall review and recommend appropriate revisions to this Chapter one year from the effective date of the Ordinance enacting the Chapter.

(Ord. 252. 1988; Ord. 325, 1996)