Menifee Zoning Code Ch. 9.60 Large Family Day Care Home Permit

Contents:

9.60.010 Purpose

9.60.020 Applicability

9.60.030 Application and Required Fees

9.60.040 Approving Authority

9.60.050 Public Hearing and Notice

9.60.060 Standards of Approval

9.60.070 Findings for Approval

9.60.080 Notice of Decision

9.60.090 Effective Date

9.60.100 Appeals

9.60.110 Expiration

9.60.120 Extension of Time

9.60.130 Modifications

9.60.140 Standards of Approval

It is the policy of the City, pursuant to the California Health and Safety Code Chapter 3.6 Family Day Care Homes, to provide for family day care homes in normal residential surroundings so as to give children the home environment which is conducive to healthy and safe development. This chapter establishes procedures for the review and approval of large family day care homes to ensure that they are compatible with the surrounding neighborhood character in compliance with state law.

A Large Family Day Care Home Permit is required prior to the establishment of a large family day care home.

1. Application Filing and Processing. Applications for a Large Family Day Care Home Permit shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).
2. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

Applications for a Large Family Day Care Home Permit shall be reviewed and approved by the designated approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, alter, or deny applications for a Large Family Day Care Home Permit.

No public hearing is required prior to action on an application for a Large Family Day Care Permit.

In approving a Large Family Day Care Home Permit, the approving authority may impose reasonable and appropriate standards of approval to achieve the purposes of this Title and consistent with Health and Safety Code Section 1597.46, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings.

Prior to approving an application for a Large Family Day Care Permit, the approving authority shall make all the following findings:

1. The large family day care home is consistent with the adopted General Plan and any applicable specific plan.
2. The large family day care home meets all applicable standards for development and provisions of this Title, including any applicable standards of approval.

Written notice of decision shall be provided within three business days of the date of decision to the applicant and to any interested parties who have requested notices in writing. The notice shall include:

1. The application request as acted upon by the Director.
2. The action taken by the Director.
3. Findings as listed for the request.

Large Family Day Care Home Permits shall become effective on the date an approval is issued by the approving authority.

Large Family Day Care Permits are ministerial and are not subject to appeal.

A Large Family Day Care Permit shall expire one year from the date the approval was granted, unless the permit has been exercised in accordance with Section 9.30.110 (Permit Time Limits, Expiration, and Extensions).

Large Family Day Care Home Permits may be extended in accordance with Subsection 9.30.110.C (Permit Extensions).

Any modification to an approved Large Family Day Care Home Permit shall be processed as a new application.

No application for a large family day care home permit shall be approved unless it complies with the following standards:

1. The applicant shall obtain a valid state license to operate a large family day care home on the site within 180 days of the date of issuance of a large family day care home permit. Within fourteen days of issuance of the state license, the applicant shall provide a certified copy of the license to the Community Development Director. The Director shall insure that the applicant has obtained a state license in a timely manner. The applicant's failure to obtain a state license or to provide a certified copy of the license to the Director may result in revocation of the large family day care home permit as provided in Subsection 9.60.140.H of this chapter.
2. The site shall be zoned for residential uses.
3. The unloading and loading of vehicle occupants shall only be permitted on the driveway, approved parking area, or directly in front of the site and shall not unduly restrict traffic flow. Residences located on arterial streets shall provide a drop-off and pickup area designed to prevent vehicles from backing into the roadway.
4. The applicant shall comply with all applicable State Fire Marshal regulations.
5. The site shall not be located within 300 feet of any other large family day care home, small family day care home, board and care home, group home or half-way house measured property line to property line.
6. To ensure the health and safety of children in family homes that provide daycare as specified within Sections 1597.30 and 1597.46 of the Health and Safety Code, if the site has a swimming pool or spa, the pool or spa shall meet all current code regulations for fencing, gate latches, and alarms.
7. An on-site identification sign may be permitted in accordance with the provisions of Subsection 9.255.040.K (Development Standards) or may be approved with the large family day care permit if submitted concurrently.