Montclair Municipal Code Ch. 11.48 Children's Day-Care Facilities

Recognizing that the unrestricted use of residential properties for purposes other than those normally associated with home living has a detrimental effect on the residential area in which the use is conducted, and further recognizing that quality licensed child care is essential to the well-being of parents and children in the community, it is the purpose and intent of this chapter to establish a comprehensive and reasonable system to regulate the operation of all child day-care facilities within the City in accordance with provisions and guidelines under the Health and Safety Code of the State of California.

(Prior code § 9-4.1816 (part))

A. A small family day-care home, as defined in Chapter 11.02 of this title, shall be considered to be a permitted use within any residential zone. No City business license, fees or permit shall be required to operate such a facility other than the required State license.

B. The operator of a large family day-care home, as defined in Chapter 11.02 of this title, shall first apply for and obtain a conditional child-care use permit pursuant to the provisions of Section 11.48.030 of this chapter prior to operation.

C. "Day-care center," as defined in Chapter 11.02 of this title, shall be subject to the conditional use permit requirements in accordance with the provisions of Chapter 11.78 of this title.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1816 (part))

A. Fees. Application fees for a conditional child-care use permit for a large family day-care home shall be as established by resolution adopted by the City Council.

B. Application. A child-care provider shall submit a formal application for a large family day-care home on a form furnished by the City providing specific information with regard to the proposal such as property ownership, location, plot plan, floor plan, staffing and enrollment capacity, program description, meal services and other data as may be required by the City.

C. Public Notices and Hearing. Not less than 10 days prior to the date on which the decision will be made on the application, the Secretary of the Planning Commission shall give notice of the proposed use by mail or delivery to all property owners shown on the last equalized assessment roll as owning real property within a 100-foot radius of the exterior boundaries of the parcel containing the proposed large family day-care home. No hearing on the application for a permit issued pursuant to this section shall be held before a decision is made unless a hearing is requested by the applicant or other affected person. The applicant or other affected person may appeal the decision within 10 calendar days in writing and by paying one-half of the original filing fee. The Community Development Department Director, or his/her designee, shall be authorized to act as Hearing Officer to consider such application at a time and date prescribed in the public hearing notice. The Hearing Officer may, in approving such application, impose reasonable requirements and conditions relative to spacing and concentration, traffic control, parking, and noise.

D. Revocation. Day-care permits granted in accordance with the provisions of this title may be terminated if the Planning Commission or Council makes any of the following findings:

1. That any condition of the day-care permit has been violated;

2. That the use has become detrimental to the public health or safety or is deemed to constitute a nuisance;

3. That the permit was obtained by misrepresentation or fraud; or

4. That the use for which the permit was granted has ceased or has become suspended for six consecutive months or more.

(Ord. 01-809 § 2: Ord. 99-791 Exh. A (part); prior code § 9-4.1816 (part))