Chapter 17.212 — FAMILY DAY CARE HOMES

Chapter 17.212 - FAMILY DAY CARE HOMES[[18]]

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Editor's note— Ord. No. 348.4950, § 32, adopted March 2, 2021, amended chapter 17.212 in its entirety to read as herein set out. Former chapter 17.212, §§ 17.212.010—17.212.070, pertained to similar subject matter, and derived from Ord. No. 348.4596, § 31, 2-10-2009; Ord. No. 348.4926, § 8, 8-25-2020.

Pursuant to the California Child Day Care Facilities Act, Health and Safety Code Sections 1597.30 through 1597.622, the California Legislature has declared that it is the public policy of the State of California to locate family day care homes for children in normal residential surroundings so as to give children a home environment which is conducive to healthy and safe development. It is the declared public policy of the state to provide children the same environment as would be found in a dwelling unit. Pursuant to Health and Safety Code Section 1597.40.(b), the legislature has further declared that this policy is a matter of statewide concern with the purpose of occupying and shall preempt local laws, regulations and rules governing the use and occupancy of family daycare homes. Additionally, in accordance with Health and Safety Code Section 1597.45.(a), the use of a home as a small or large family daycare home shall be considered a residential use of property and a use by right.

(Ord. No. 348.4950, § 32, 3-2-2021)

In accordance with the above-referenced state policies, the use of a lawfully occupied detached one-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multiple family dwelling as a small-family day care home for up to seven children, including children under ten (10) years of age who reside at the home, shall be a permitted use in all zones where such dwelling unit types are permitted, and shall not require any permit pursuant to this chapter.

(Ord. No. 348.4950, § 32, 3-2-2021)

17.212.030 - Large family day care homes.

In accordance with the above-referenced State policies, the use of a lawfully occupied detached one-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multiple family dwelling as a large family day care home for eight to fourteen (14) children, including children under ten (10) years of age who reside at the home shall be a permitted use in all zones where such dwelling unit types are permitted, and shall not require any permit pursuant to this chapter.

(Ord. No. 348.4950, § 32, 3-2-2021)

No second unit or guest quarter may be used as a family day care home.

(Ord. No. 348.4950, § 32, 3-2-2021)

A family day care home operator shall obtain all necessary building permits in accordance with Ordinance No. 457 and comply with the following operational standards:

1.

A family day care home shall obtain a valid state license in accordance with Section 1597.54 of the Health and Safety Code, as may be amended, and upon receipt provide a certified copy of the state license to the planning director.

2.

A family day care home shall provide off-street parking as provided in chapter 17.188 of this chapter as required for similar residential uses. These parking spaces may include spaces provided to meet residential requirements.

3.

The unloading and loading of vehicle occupants shall be done in a manner that does not impede the flow of traffic on the adjacent roadways and does not allow for the stacking of vehicles on adjacent roadways.

4.

To ensure the health and safety of children, family day care homes shall comply with applicable Fire and Building Code regulations pursuant to Section 1597.46 of the Health and Safety Code, as may be amended.

5.

Family day care homes shall comply with the development standards for one-family or multiple family dwellings, as applicable, located within the same zone.

6.

Family day care homes shall comply with all applicable state fire marshal regulations.

An on-site identification sign may be installed in accordance with this chapter.

(Ord. No. 348.4950, § 32, 3-2-2021)

If the family day care operator fails to comply with any requirement of this section, the family day care home shall suspend operations until corrective action(s) are taken pursuant to Section 1597.58 of the Health and Safety Code, as may be amended.

(Ord. No. 348.4950, § 32, 3-2-2021)