32-126 CHILD CARE FACILITIES.

The purpose of this section is to implement the Public Facilities Section of the Danville General Plan (policies 7.11, 7.12 and 7.13); implementation strategy (D12) which calls for encouraging the development of quality child care in Danville; and further, to achieve the desired ratio of one (1) child care space per forty (40) residents Town wide, as identified in the Townwide Child Care Needs Assessment prepared as background to this section. Provision of quality child care requires a partnership between public and private participants and is necessary to promote the health and welfare of the citizens of the Town. The Town's responsibility shall be to establish land use policies and ordinances which promote the establishment of child care facilities and the initiation of child care services in the community. Establishment of such child care facilities and initiation of child care services will help satisfy the child care infrastructure requirements associated with new growth. It shall be the responsibility of new development to address child care needs associated with the development of new residential and non-residential projects within the Town. (Ord. #89-2, §8-5701)

As used in this chapter unless otherwise provided:

Child care facility means an existing or proposed child care facility including the site, building, equipment, and any accessory structures in which there are programs and personnel licensed by the State to provide child care services including but not limited to shelter, food, education and plan opportunities for fewer than twenty-four (24) hours per day.

Child care program means any preschool age or school age care program conducted within the following facilities:

• a. Small family day care home (a facility licensed for the care of six (6) or fewer children)

• b. Large family day care home (a facility licensed for the care of seven (7) to twelve (12) children)

• c. Child care center (a facility licensed for the care of more than twelve (12) children)

Multiple family residential means attached residential structures including for-rental apartments or for-sale condominiums.

Occupancy means the actual physical inhabitation or use of a residential or non-residential building following completion of a final building inspection.

Project means a proposal for the development of improved or unimproved land, requiring the granting of an entitlement whether residential or nonresidential or both, which conforms to Town of Danville 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.

Single family residential means a detached or attached residential structure including detached, patio or zero lot line, duplex and townhouse units.

(Ord, #89-2, §8-5702)

The provisions of this section shall apply to:

• a. The developer of a residential project of one (1) or more dwelling units.

b. The developer of a non-residential project having a gross floor area of two thousand five hundred (2,500) square feet or more.

(Ord. #89-2, §8-5703)

Any child care facility provided as part of a project shall be permitted in all zoning districts except those designated as industrial. Child care facilities not a part of a project as defined by this section shall be subject to the Town's regulations and zoning ordinance. (Ord. #89-2, §8-5704)

The following projects or uses are exempt from the provisions of this section:

• a. Single family remodel or expansion;

• b. Non-residential development of less than two thousand five hundred (2,500) gross square feet;

• c. Child care facilities;

• d. Schools;

• e. Hospitals;

• f. Churches;

• g. Senior housing projects;

• h. Second residential units as defined by Section 32-76 of the Danville Municipal Code;

• i. Units dedicated for persons of low and moderate income through official agreement with the Town of Danville;

j. The significant repair or reconstruction of any structure due to damage from fire or other acts of God such that no intensification or enlargements of the use or structure occurs.

(Ord. #89-2, §8-5705)

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

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

1. Residential. For residential development the fee shall be determined by determining the number of preschool age and school age children per unit, multiplied by the percentage of residents anticipated to desire child care, multiplied by the per child cost of providing child care in Danville. For Danville this formula is computed as follows:

(a) For single family residential development this formula is .61 x .22 x $2490 for a fee of three hundred thirty five ($335.00) dollars per unit.

(b) For multi family residential development this formula is .21 x .22 x $2490 for a fee of one hundred fifteen ($115.00) dollars per unit.

2. Non-residential. A fee of twenty-five ($0.25) cents per square foot of net leasable area.

b. Facilities in Lieu of Fees. Residential projects which exceed fifty (50) units, and non-residential projects may satisfy child care requirements by participating in the construction or establishment of child care facilities in lieu of paying fees as stipulated in subsection 32-126.6. Such participation shall be determined and secured as follows:

1. The developer shall prepare a survey or assessment of the estimated child care needs generated by the proposed project together with an action plan addressing how the child care needs resulting from the project will be mitigated. The action plan 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. If the action plan recommends that child care facilities be provided by existing facilities or through proposed facilities which are not a part of the project, the developer shall provide sufficient information to determine that child care needs generated by the project shall be mitigated. The child care survey or assessment may be prepared by a qualified consultant or by the developer using the preschool and school age child yield rates contained in subsection 32-126.6a.,1 and 2 of this section, as approved by the Chief of Planning.

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

3. The Chief of Planning shall require the developer to submit written verification that these requirements have been

met. This verification shall be sufficient to enable the Chief of Planning to readily determine compliance with the provisions of this section.

(Ord. #89-2, §8-5706)

The Town of Danville shall establish a separate fund within which shall be placed all fees collected pursuant to this section. These funds shall be utilized in the following order of priority:

a. Establishment of school age child care facilities upon the campuses of Montair, Green Valley and any future elementary school sites constructed within the Town of Danville. Such sites shall be operated by a State licensed and qualified non-profit child care provider selected by the Town of Danville and the San Ramon Valley Unified School District based upon the following criteria:

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

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

3. Evidence furnished by the provider that the program facilities, services and staff will meet or exceed quality and safety requirements established by the State of California.

4. Nature of facility ownership and program operation (whether owner-operated, profit or non-profit), financial resources and business management experience of applicant.

b. Purchase of land to be used for the development and ongoing operation of preschool age or school age child care facilities within the Town of Danville. Upon purchase of a site, the Town shall offer the site for lease or sale based upon establishment of a reduced purchase price. The Town shall solicit proposals from qualified child care providers, and select a provider to develop and operate a facility based upon the criteria identified in subsection 32-126.7a.,1 through 4.

c. Child care sites acquired, constructed or improved under this section must be utilized for the ongoing operation of preschool or school age child care consistent with the proposal submitted by the child care provider to the Town. Persons acquiring property or receiving funds under this section shall be required to enter into a written agreement with the Town setting forth the permitted uses of the property and providing for appropriate restitution to the Child Care Fund if a site developed under this section is subsequently used for different purposes or resold to other parties.

(Ord. #89-2, §8-5707)

Upon receipt of an application to establish or expand a preschool or school-age child care facility, the Chief of Planning shall have the authority to reduce application filing fees required pursuant to Danville Ordinance No. 136, "Fees for Planning and Related Services." The City Engineer shall have the authority to reduce fees associated with extraordinary off site improvement costs for any preschool or school age child care project. (Ord. #89-2, §8-5708)

For residential projects which do not provide Covenants, Conditions and Restrictions, or similar documents, the developer of the project shall provide deed notification to all purchasers or lessees that a child care facility for up to twelve (12) children may be located at any residential unit or lot or in any common area or facility within the project. (Ord. #89-2, §8-5709)

For residential projects which provide Covenants, Conditions and Restrictions or similar documents the developer shall include notice through the CC & Rs that a child care facility for up to twelve (12) children may be located at any residential unit or lot or in any common area or facility within the project. (Ord. #89-2, §8-5710)

This section shall be administered by the Planning Division of the Town of Danville, with the exception of subsection 32126.7 "Child Care Fund" which shall be administered by the Department of Administrative Services. (Ord. #89-2, §8-5711)