Chapter 19.64 — FAMILY DAY CARE FACILITIES

It is the purpose of this chapter to provide normal residential surroundings so as to give children who are placed in family day care homes the home environment which is conducive to healthy and safe development, to ensure that family day care homes will not adversely affect the surrounding residential uses, and to protect the residential character of the zones in which these facilities are permitted.

(Ord. 94-884; Ord. 670 § 1, 1986)

"Child" means a person who is under eighteen years of age who is being provided care and supervision in a child day care facility.

"Child day care center" means a facility which provides non-medical care to children under eighteen years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty-fourhour basis. Child day care facility includes day care centers and family day care homes.

"Family day care home" means a home which regularly provides care, protection and supervision of twelve or fewer children, in the provider's own home, for periods of less than twenty-four hours per day, while the parents or guardians are away, and includes the following:

1. Small family day care home: a home which provides family day care to six or fewer children, including children under the age of ten years who reside at the home.

2. Large family day care home: a home which provides family day care to seven to twelve children under the age of ten years who reside at the home.

• (Ord. 94-884)

Small family day care homes as defined in Section 19.04.345 . and 19.64.020. are permitted in all residential structures located in single-family residences subject to the following limitations:

• A. Care is provided for children on a less than twenty-four hour full-time basis.

• B. Limited to a total of six children including children who live in the home.

• C. Subject to all small family day care home requirements as required by the State Fire Marshal.

• D. Subject to all codes and standards utilized by the city as they relate to the Group R Division 3 occupancy (single-family dwellings).

• E. Licensed by, or registered with, the state and/or the county of San Diego, as applicable. (Ord. 94-884)

Family day care homes as defined in Section 19.04.335 . and 19.64.020. are permitted in all singlefamily residences to the following:

• A. Family day care home must be operated as an incidental use to the residence.

• B. A play yard which satisfies the requirements of the county of San Diego day care licensing agency shall be provided.

• C. Play areas shall be situated in such a manner as to minimize the impact of noise on surrounding properties. The community development director may require the installation of block walls, not exceeding six feet in height, to minimize noise impacts. Should a wood fence be required in lieu of a block wall, it must be of tongue and groove construction.

• D. An area sufficient for dropping off and picking up children shall be provided to the satisfaction of the community development director.

• E. Large family day care facilities shall obtain and maintain all applicable county of San Diego and state of California licenses and permits. Such licenses and permits shall be kept current.

• F. One multi-purpose dry chemical fire extinguisher, type 2A:10BC, shall be located in the kitchen area.

• G. Large family day care facilities shall comply with all codes and standards utilized by the city as they relate to the Group R Division 3 occupancy (single-family dwellings).

• H. Photoelectric smoke detector(s) shall be provided and located subject to approval of the public safety director and building official.

• I. All exit doors are to be maintained in a clear and unobstructed manner at all times.

• J. Use of security bars shall be subject to approval of the public safety director and building official.

• K. Large family day care facilities shall be subject to administrative site plan review.

• L. A large family day care facility shall not locate:

  1. Within three hundred fifty feet of another such facility located on the same street;

  2. Within a property that is adjacent to the rear of another such facility.

• M. All applications for large family day care homes must be reviewed by the city traffic safety committee for the identification of potential impediments to vehicular traffic and/or traffic flow, so that appropriate mitigation measures may be applied. Such measures may include curb painting.

• (Ord. 670 § 1, 1986; Ord. 94-884)

• A. Application for administrative site plan review shall be made to the community development department. If the community development director finds that an application for a large family day care facility complies with the provisions of this chapter, the community development director shall approve the application and issue a permit. If the community development director finds that an application does not comply with this chapter the community development director shall deny the issuance of a permit.

• B. A nonrefundable fee as determined by resolution of the city council shall be paid to the city at the time of filing the application.

• (Ord. 670 § 1, 1986; Ord. 94-884)

Not less than ten days prior to the date on which the community development director shall make the decision on the issuance of the permit for a large family day care home, notification of the proposed permit shall be given by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within one hundred feet of the exterior boundaries of the proposed large family day care home.

(Ord. 670 § 1, 1986; Ord. 94-884)

• A. If the issuance of a large family day care home permit is denied by the community development director, or if a property owner within one hundred feet of the proposed large family day care home objects to issuance of the permit, the applicant or affected property owner may request, in writing, that the planning commission hold a public hearing on the subject application and make a decision regarding issuance of the permit. If the planning commission finds that the permit should be issued, the planning commission shall instruct the community development director to issue same. The decision of the planning commission shall govern, unless appealed to the city council.

• B. A nonrefundable fee, as determined by resolution of the city council, shall be paid to the city at the time of filing the appeal by the appellant.

• (Ord. 670 § 1, 1986; Ord. 94-884)