Chapter 82-22 — CHILD CARE FACILITIES

The purpose of this chapter is to implement the child care component of the community facilities element of the county general plan. It is the policy of Contra Costa County to assist and encourage the development of adequate affordable child care. It is recognized that the provision of child care requires a partnership between public and private participants and that the role of this county is to establish land use policies and ordinances to promote the establishment of child care facilities and the initiation of child care services in this community. It is further recognized that it is the developers' responsibility to address the child care needs associated with the development of their projects within the county, and that the establishment of such child care facilities and initiation of services will help satisfy the child care infrastructure requirements associated with new growth. Further, it is a policy of this county to encourage, whenever possible, joint use facilities such as, but not limited to, public schools, churches, parks or other community facilities.

(Ord. 88-1 § 3).

The community development department shall be responsible to ensure the coordination of child care needs assessment and the provision of information concerning child care, to assist in the preparation of child care programs (where appropriate), and to coordinate the development of a child care program within county government. As part of its responsibilities under this chapter, the department shall verify the need for child care facilities and programs in each unincorporated community in the county every three years.

(Ords. 92-56 § 3, 88-1 § 3).

The board of supervisors may issue regulations for the administration of this chapter, including procedures and policies.

(Ord. 88-1 § 3).

Article 82-22.4. Definitions

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

(Ord. 88-1 § 3).

"Child care facility" means an existing or proposed child care facility as defined in Health and Safety Code Section 1596.750. The three basic designations covered under this section are:

(1)

Small family day care home, as defined in Health and Safety Code § 1596.78(2), a facility licensed for the care of six or fewer children;

(2)

Large family day care home, as defined in Health and Safety Code § 1596.78(1), a facility licensed for the care of seven to twelve children;

(3)

Child care center, as defined in Health and Safety Code § 1596.76, a facility licensed for the care of more than twelve children.

"Child care facility" includes the building, modifications to buildings, equipment, and any accessory structures, in which there are programs and personnel licensed by the state for direct child care services including, but not limited to, shelter, food, education and play opportunities for fewer than twenty-four hours per day.

(Ord. 88-1 § 3).

"Project" means a proposal for the development of land, requiring a land use entitlement, whether residential or nonresidential, or both, which conforms to county requirements. A project includes but is not limited to the development of a lot or parcel or larger acreage, conversion of an existing use to a different use, and expansion of a use.

(Ord. 88-1 § 3).

Article 82-22.6. Permitted Use

A child care facility provided as a part of a project shall be a permitted use in all land use zoning districts except those designated as heavy industry or which allow hazardous waste disposal. Day care facilities that are not associated with projects as defined in this chapter shall be consistent with the county general plan, and shall be subject to county regulations and ordinance.

(Ord. 88-1 § 3).

Article 82-22.8. Projects

The requirements set out in this article shall be applicable to all projects.

(Ord. 88-1 § 3).

Before filing an application for a land use entitlement, the applicant or developer of a project shall confer with the community development department concerning child care needs and programs.

(Ord. 88-1 § 3).

(a)

An application for a land use entitlement shall include a survey or assessment of the estimated child care needs caused by the proposed project, together with a response program showing how the child care needs resulting from the project are to be mitigated within Contra Costa County. The response program to mitigate the child care needs of the project 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 response program shall also include information addressing the affordability of the child care to be provided. If the response program recommends that child care facilities be provided by existing facilities or through proposed facilities of others not part of the project, the applicant or developer shall provide

sufficient information to the community development director to determine that the child care needs generated by the project shall be mitigated.

(b)

The child care survey shall include an assessment of the estimated child care service needs caused by the proposed project. The response program shall show how those needs for child care services are to be mitigated within the county including, but not limited to, the manner in which the establishment of those services and the use of child care facilities will be assured by the availability of qualified care providers and related resources.

(c)

The community development department shall make a determination of the adequacy of the response document no later than thirty days prior to the public hearing on the project. If the director of community development determines that child care needs have not been adequately established or that child care needs not be satisfied for a proposed project, the applicant or developer may be required to enter into a contract with the county providing for the preparation of a report by a consultant selected by the community development department but paid for by the developer, to evaluate and assist in determining child care needs and programs to adequately address those needs for the proposed project.

(d)

The applicant or developer of a residential development with between one and twenty-nine units, inclusive, shall pay a fee, as established by the board in accordance with applicable law, toward child care facility needs in lieu of undertaking the child care survey required in this section. Such fee shall be reserved by the county to assist in meeting the child care facility needs in the community in which such development is located.

(Ords. 92-56 § 4, 88-1 § 3).

(a)

The developer of a nonresidential project having one hundred or more potential employees or having a floor area of fifteen thousand gross square feet or more shall provide for a child care facility (and the initiation of its use) on-site or off-site as part of the project consistent with the needs assessment and response program as required by this chapter or shall demonstrate that the child care needs of the project are mitigated through the use of existing facilities.

(b)

The applicant or developer of a residential project of thirty or more units shall provide a child care facility on-site or off-site consistent with the needs assessment and response program required by this chapter or shall demonstrate that the child care needs of the project are mitigated through the use of existing facilities. The new facility constructed by the developer for the purposes of satisfying the requirement of this chapter shall be available on an ongoing basis to satisfy the public need for not fewer than twenty-five years unless

approved for a change of use by the board on a recommendation by the zoning administrator through a public hearing process.

(Ord. 92-56 § 5, 88-1 § 3).

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

(Ord. 88-1 § 3).

The developer shall provide deed notification to all purchasers 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 zoning administrator.

(Ord. 88-1 § 3).

The 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 zoning administrator.

(Ord. 88-1 § 3).

Article 82-22.10. Exemptions

82-22.1002 - Exemptions.

The provisions of this chapter do not apply to the following:

(1)

Any project, as determined by the director of community development, which will not have a significant child care impact;

(2)

The significant remodeling or rehabilitation of a residential or nonresidential building, provided there is no intensification of the use or enlargement of the building;

(3)

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;

(4)

Any modification or remodel of an existing, legally established dwelling unit that does not create an additional dwelling unit, or the temporary occupancy of a mobilehome not situated in a mobilehome park;

(5)

Child care facilities;

(6)

Any project for which a final development plan approval has been given by the planning agency or for which a development agreement or amended development agreement exists prior to the effective date of the ordinance codified in this chapter, except those projects which include as part of the conditions compliance with this chapter or with the child care requirements of a TSM ordinance or program;

(7)

Studio and one-bedroom dwelling units shall not be counted in multifamily residential projects of more than thirty units;

(8)

Senior housing project;

(9)

Nonresidential projects having fewer than one hundred potential employees or having a floor area of fewer than fifteen thousand gross square feet.

(Ords. 92-56 § 6, 88-1 § 3).