Chapter 21.103 — LARGE FAMILY DAY CARE PERMIT (LDC)

The large family day care home permit (LDC) process is established to grant the community development director with the authority to take action on requests to establish large family day care homes, where the requests constitute a reasonable use of residential property and where it can be shown that the use meets the intent of this Title and the general plan, serves the public's interest, and will not result in any adverse impacts on the subject or surrounding properties.

(Ord. 651, § 12, 2012).

An LDC is required prior to operating a large family day care home within a residential zoning district or residential structure.

(1) Every applicant for a LDC shall submit a complete city administrative permit application together with all fees, plans, maps and other required information. The fee shall be established by resolution of the city council.

(2) The applicant for an LDC shall reside in the home where the large family day care home is proposed.

(3) When the applicant is not the property owner of the site where the large family day care home is proposed, a notarized property owner's affidavit of consent to operate a large family day care home shall be submitted in conjunction with the application.

(4) The community development director or designee ('Director') shall conduct the LDC review process, including notification and a public hearing (if requested by the applicant or affected person) in accordance with California Health and Safety Code Section 1597.46, or any successor provision.

(5) The decision to approve or deny a LDC shall be made by the director within thirty calendar days of the date of submission of a completed application. Applications determined to be incomplete shall be returned with written notification of the deficiency.

(6) If the application is denied, the director shall specify the grounds for the decision in a written notice to the applicant. A copy of the decision shall be mailed to any affected person who requested a hearing. The applicant and any affected person shall have the right to appeal the decision to the planning commission. Appeals shall be filed and processed in accordance with Chapter 21.88 (“Appeals”) of Title 21 of the city's Municipal Code. However, noticing for the appeal hearing shall be limited to the affected persons and the applicant. The appellant shall be responsible for payment of any appeal fees as established by resolution of the city council. When more than one appeal is received, the costs shall be evenly divided among the appellants.

(7) The applicant and any affected person shall have the right to appeal the decision of the planning commission to the city council. Appeals shall be filed and processed in accordance with Chapter 21.88 ('Appeals') of Title 21 of the city's Municipal Code. However, noticing for the appeal hearing shall be limited to the affected persons and the applicant. The appellant shall be responsible for payment of any appeal fees as established by resolution of the city council. When more than one appeal is received, the costs shall be evenly divided. (Ord. 651, § 12, 2012).

21.103.030 Special noticing.

Not less than ten calendar days prior to the date on which the director intends to issue a decision granting an LDC permit, the director shall provide notice of the proposed use to all persons owning real property within a one hundredfoot radius of the property line of the proposed large family day care home (‘affected persons’). The applicant shall be responsible for providing the director with all notification materials, including a radius map, and certified address list sheets with mailing labels. Notices shall be sent via U.S. Postage, first class mail, in compliance with Health and Safety Code Section 1597.46. If within the ten-day notice period, a request for a hearing is made by the applicant or any affected person, a hearing shall be held by the director. The date of the hearing shall be set to occur within ten calendar days of the hearing request, and notice of the hearing shall be provided to the applicant and all persons requesting the hearing.

(Ord. 651, § 12, 2012).

In granting an LDC, the community development director shall be required to make the following findings:

(1) The granting of the LDC will not be detrimental to the persons or properties adjacent to the subject property, and will not be detrimental to the public interest, health, safety, convenience, or general welfare;

• (2) The subject property is physically suitable for the operation of a large family day care home;

(3) The granting of the LDC is consistent with the goals and policies of the general plan, and;

(4) The granting of the LDC meets the intent of the provisions of this Title.

• (Ord. 651, § 12, 2012).

The following conditions shall be imposed as part of any large family day care home:

(1) The home where the use is being conducted shall conform to the residential development standards of the zoning district in which it is located;

(2) The use shall be licensed pursuant to California Health and Safety Code Sections 1597.30 through 1597.621, including any or successor provisions;

(3) The operator shall obtain a city business license in accordance with Title 5 (‘Business Licenses’) of the city’s Municipal Code;

(4) There shall be one additional on-site parking space for each nonresident employee of the large family day care home. The parking shall comply with this Code;

(5) Based upon the potential for noise emanating from the day care home, as determined by the director,

construction of a six-foot-high, solid decorative fence or wall may be required as a noise mitigation measure. The fence or wall shall be constructed pursuant to Chapter 21.62 ('Fences and Walls'), of this Title;

(6) Based upon the potential for noise emanating from the large family day care home, as determined by the director, additional landscaping may be required as a noise mitigation measure. A landscape plan shall be submitted for review and approval by the director. Implementation and maintenance of the landscaping plan shall be required for as long as the large family day care home is in operation;

(7) A large family day care home cannot be located within five hundred lineal feet of an existing large family day care home, boarding home, or rooming house, measured property line to property line, except as hereinafter provided. If an applicant can demonstrate that the concentration of said uses within five hundred feet will not adversely affect traffic circulation or create congestion in the vicinity, then the large family day care home may be located no less than three hundred lineal feet from an existing large family day care home, boarding home, or rooming house; and

(8) Each large family day care home shall comply with the state fire marshal's fire and life safety standards, as specifically required by the California Health and Safety Code and the California Building Standards Code. (Ord. 651, § 12, 2012).

A permit, with or without conditions consistent with California Health and Safety Code Section 1597.46, shall be issued by the director if all the requirements of this Code are satisfied. Such permit shall only become valid after the designated ten-day appeal period has expired, or following a final decision to grant the permit. The permit is nontransferable and may not be utilized to operate at a different location.

(Ord. 651, § 12, 2012).

The Director may hold a hearing to revoke or modify a LDC upon giving notice no less than ten calendar days prior to the hearing. Notice shall be in writing and mailed to the permittee, as listed on the permit application, and owner of the property as shown on the current County of Los Angeles tax rolls. An LDC may be revoked or modified by the director, following a hearing, under any of the following circumstances:

(1) If conditions giving rise to a complaint that this chapter or permit condition is being violated, and that is determined to be well-founded by the director, have not been corrected within fourteen calendar days of the date a written notice to correct was served, and/or if the operator and/or property owner has been unable or unwilling to modify its operation to correct the violation, or to eliminate or reduce the adverse effects of the violation to an insignificant level;

(2) A change in circumstances that would substantially change the findings, conditions, or requirements set forth in the LDC application and/or permit;

(3) If the information on the LDC application was false or the permit was obtained by misrepresentation or fraud;

(4) If any of the requirements of this chapter, or conditions imposed on a permit, have not been met and continuously maintained;

(5) If the use is being conducted in a manner detrimental to public health, safety, or welfare, or such use constitutes a nuisance in accordance the city's Municipal Code;

(6) When the Director determines that the use or how it is being conducted, is in violation of any statute, ordinance, law, or regulation.

(Ord. 651, § 12, 2012).