Lincoln Municipal Code Ch. 18.61 Child Day Care Uses

Consistent with the findings of the state, the city council finds that child day care services are an essential service for working parents in the City of Lincoln and that child care services in family homes are desirable to parents and provide children with a residential environment that is conducive to healthy and safe development. Regulations in this chapter are intended to address child day care uses in both residential and nonresidential zoning districts consistent with the provisions of state law and in a manner that recognizes the need for such services and the importance of minimizing the effects on surrounding properties.

(Ord. 745B §2(part), 2003)

For the purpose of this chapter and in accordance with state law, the following words and phrases shall have the meaning respectively ascribed to them in this section.

"Child" means a person who is under 18 years of age.

"Child day care facility" means a facility that provides nonmedical care to children in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. This definition includes family day care homes, day care centers, and employer-sponsored child care centers as defined below.

(1) "Family day care home" means a home that regularly provides care, protection, and supervision for 14 or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a small or large family day care home as follows:

a. "Small family day care home" means a home which provides family day care to eight or fewer children in the provider's home, including children under the age of ten years who reside at the home (California Health and Safety Code section 1596.78(c)). A small family day care home may provide care for more than six and up to eight children without an additional adult attendant if the following conditions are met (California Health and Safety Code section 1597.44):

1. At least two of the children are at least six years of age;

2. No more than two infants are cared for during any time when more than six children are cared for;

3. The licensee notifies each parent that the facility is caring for two additional school-age children and that there may be up to seven or eight children in the home at one time; and

4. The licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented.

b. "Large family day care home" means a home which provides family day care to seven to 14 children in the provider's home, including children under the age of ten years who reside at the home (California Health and Safety Code section 1596.78(b)). A large family day care home may provide care for more than 12 children and up to and including 14 children, if all of the following conditions are met (California Health and Safety Code section 1597.465):

1. At least two of the children are at least six years of age;

2. No more than three infants are cared for during any time when more than 12 children are being cared for;

3. The licensee notifies each parent that the facility is caring for two additional school-age children and that there may be up to 13 or 14 children in the home at one time;

4. The licensee obtains written consent of the property owner when the family day care home is operated on property that is leased or rented.

(2) "Day care center" means any child day care facility other than a family day care home, and includes infant centers, preschools, and extended day care facilities.

(3) "Employer-sponsored child care center" means any child care facility at the employer's site of business operated directly or through a provider contract by any person or entity having one or more employees, and available exclusively for the care of children of that employer, and of the officers, managers, and employees of that employer.

(Ord. 745B §2(part), 2003)

The following table lists permit requirements by zoning district for child day care facilities that are not otherwise exempt in accordance with state law (e.g., recreation programs and after school day care on school campuses). Required permits shall be processed in accordance with the standard procedures of the California Health and Safety Code section 1597.46(2) and Title 18 of this code. The reference to administrative review refers to an informal procedure whereby the director of community development (or his or her designee) reviews the use to ensure compliance with applicable provisions of this chapter prior to granting a nondiscretionary permit.

Table 18.61.030-1 Permit Requirements for Child Day Care Facilities Permit Legend: N = Use not permitted P = Use permitted by right AR = Use permitted with Administrative Review CUP = Use permitted with Conditional Use Permit

(Ord. 745B §2(part), 2003)

Development and operational standards listed in this chapter are intended to supplement the standards in the underlying zoning districts for each type of child day care facility. All uses defined in this chapter shall comply with applicable state licensing requirements and all other provisions of this title.

(1) Small Family Day Care Homes. In accordance with state law, small family day care homes operated under the standards of state law constitute an accessory use of residentially zoned and occupied properties and do not fundamentally alter the nature of the underlying residential use. Therefore, small family day care homes simply require a current license from the state and shall contain a fire extinguisher and smoke detector device pursuant to State Fire Marshal Standards. Such use shall operate in compliance with the city's noise ordinance and will not be permitted any signs for the day care use.

(2) Large Family Day Care Homes. In order to obtain the required nondiscretionary permit listed in Table 18.61.030-1 of this chapter (e.g., administrative review in single-family residential zoning districts), large family day care homes shall comply with the following provisions:

a. License. All large family day care homes, regardless of the underlying zoning district, are required to obtain a business license from the city and provide the city with a copy of the state of California day care license;

b. Day Care Provider's Residence. The large family day care home shall be the principal residence of the day care provider, and the use shall be clearly incidental and secondary to the primary use of the property as a residence;

c. Separation. In order to maintain the integrity of residential neighborhoods, large family day care homes shall not be located closer than 200 feet from an existing state licensed large family day care home or within 200 feet of any other day care center or employer-sponsored child care center licensed to care for more than 12 children. Certain exceptions, in the form of legitimate physical barriers and buffers, such as a streambed corridor, highway, or arterial that would provide comparable separation may be allowable as determined by the director of community development;

d. Traffic Control. To ensure that children are not placed at risk and that street traffic is not unduly interrupted, each large family day care home shall provide the equivalent of two loading/unloading parking spaces for child drop-off and pick-up. Loading spaces may be located in the driveway of the home or on the street directly abutting the subject property where on-street parking is permitted;

e. Parking. In addition to the standard single-family parking requirement of two covered parking spaces located outside the required front yard and street-side yard setback areas, one additional off-street parking space shall be provided for each employee that does not reside at the home. The driveway may serve to meet the employee parking requirement;

f. Noise. In order to protect adjacent residential dwellings from noise impacts, outdoor activities are restricted to the hours of 8:00 a.m. to 8:00 p.m. Amplification equipment shall not be used for outdoor activities associated with the day care use. The day care use is subject to compliance with the city's noise ordinance;

g. Indoor Play Areas. All indoor play areas must comply with city building and zoning codes, subject to inspection and approval by the local building department, fire marshal, and the department of social services community care licensing;

h. Signs Prohibited. No signs shall be allowed in conjunction with the day care facility.

(3) Day Care Centers and Employer-sponsored Child Care Centers. In order to obtain required authorization or permits listed in Table 18.61.030-1 of this chapter (e.g., conditional use permit in public and quasi-public zoning districts), day care centers and employer-sponsored child care centers shall comply with the following provisions:

a. License. Day care centers and employer-sponsored child care centers, regardless of the underlying zoning district, are required to obtain a business license from the city and provide the city with a copy of the state of California day care license;

b. Traffic Control. Off-street loading areas shall be provided on-site and designated for the forward travel of vehicles both on entering and leaving the premises. The site plan shall clearly identify pedestrian routes to and from the drop-off and pick-up areas, including sidewalks and directional signage;

c. Parking. Required parking shall include one space for each employee, one visitor space for every ten students, plus adequate drop-off/pick-up areas as determined by the community development director. Parking shall be provided based on the maximum student and corresponding employee capacity for the facility;

d. Noise. In order to protect adjacent uses from noise impacts associated with the child day care facility, hours of operation are limited to 14 hours a day between the hours of 6:00 a.m. and 8:00 p.m., and outdoor activities are restricted to the hours of 8:00 a.m. to 8:00 p.m. Amplification equipment shall not be used for outdoor activities associated with the day care use. Day care centers and employer-sponsored child care centers shall comply with all applicable provisions of the city's noise ordinance;

e. Signs. Day care centers and employer-sponsored child care centers are permitted business signs as follows:

1. Freestanding Signs. One freestanding monument sign with a maximum sign area of 12 square feet and a maximum sign height of five feet,

2. Wall Signs. If located in a nonresidential zoning district, day care centers and employer-sponsored child care centers may also have one building-attached wall sign with a maximum sign area of 0.5 square feet for each lineal foot of primarily building frontage, up to a maximum of 20 square feet.

(Ord. 745B §2(part), 2003)