San Fernando Municipal Code Div. 11 Large Family Day Care Home Permit

The large family day care home permit is applicable to all large family day care homes in a one-family zone within the city. The large family day care home permit considers the compatibility of large family day care homes to coordinate land planning, aesthetics, and economic cohesiveness within residentially zoned properties in the city.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

A large family day care home permit shall be obtained prior to the establishment of such a facility in an R-1 (one-family) zoned property.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) All large family day care home permit applications shall contain the following information:

(1) A detailed plot plan (to scale) showing the following:

a. Dimensions and location of all structures on the parcel.

b. Location of play areas and relationship to adjacent residences.

(2) A detailed floor plan of the facility showing the following:

a. Proposed location of use.

b. Restroom facilities.

c. Location of fire detection devices.

(3) The number of children, including the applicant's own, and the hours of operation.

(4) Method of drop off and pickup of children.

(5) Delineation of traffic patterns.

(6) Proximity to any other such use.

(7) Radius map and names and addresses of all property owners within 100 feet of the subject property.

(b) The applicant shall provide proof of having a minimum of one year's experience as a small family day care home.

(c) The applicant shall sign a statement agreeing to comply with all state requirements for large family day care homes.

(d) The applicant shall provide evidence of fire department clearance.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

The commission, in approving a large family day care home permit, shall find as follows:

(1) The proposed use is properly designed and complies with the requirements of the zone in which it is proposed.

(2) The proposed use, with any conditions to be imposed, is in harmony with the various elements or objectives of the general plan and is not economically or aesthetically detrimental to existing or previously approved uses or structures within the surrounding area.

(3) The proposed use is compatible with other uses and structures in the surrounding area.

(4) The proposed use shall be conducted only by the residents of the proposed location.

(5) There are no other such operations within 500 feet of the proposed structure.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) Notice of the application for a large family day care home permit shall be mailed, not less than ten calendar days prior to the hearing, to all owners of property within a radius of 100 feet of the exterior boundaries of the property under consideration, using for this purpose the names and addresses of such owners as shown on the latest available assessment roll of the county assessor.

(b) Application for a large family day care home permit shall be filed by the owner of the property for which the permit is being sought or his duly authorized agent. Application shall be made to the planning commission on forms furnished by the planning department. The application shall be accompanied by those materials required in section 106-620 at the time of application, and a filing fee shall be paid for the purpose of defraying costs incidental to the proceedings. Appropriate fees shall be determined by city council resolution.

(c) If there is no response by those notified requesting a public hearing within ten days of the notification, there shall be no public hearing.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) The planning commission may approve or conditionally approve the application for a large family day care home permit and shall announce and record its decision within 21 days following the conclusion of the public hearing. The decision shall set forth the findings by formal resolution of the planning commission. A copy of the resolution shall be mailed to the applicant.

(b) The decision of the planning commission shall be final and shall become effective ten days after the adoption of the resolution by the commission. However, if within such ten-day period an appeal of the decision is filed by an aggrieved person, the applicant or the city council, the filing of such appeal within such time limit shall suspend the decision of the planning commission until the determination of the appeal by the city council or its dismissal by the appellant. Such appeal shall be filed, in writing, with the city clerk on forms furnished by the clerk.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) The hearing date for the appeal of the planning commission's decision made under this division shall be set by the city clerk after the filing of the appeal on the forms provided.

(b) Notice of the hearing shall be given as provided in division 2 of article V of this chapter.

(c) The commission shall transmit to the council the original application, records, written reports, and commission resolution disclosing in what respect the application and facts offered in support thereof met or failed to meet the requirements set forth in this division.

(d) The council may by resolution affirm, reverse, or modify in whole or in part any appealed decision, determination or requirement of the commission. However, before granting any appealed petition which was denied by the commission or before changing any of the conditions imposed by the commission, the council shall make a written finding of facts setting forth wherein the commission's findings were in error and wherein the property or particular use involved meets or does not meet the requirements set forth in this division.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) Any permit granted pursuant to this division shall be revoked upon a finding that one or more of the following conditions exist:

(1) The large family day care home permit was obtained by misrepresentation or fraud.

(2) The use for which the permit was granted has ceased, or has been suspended for one year or more.

(3) The applicant has not complied with one or more of the conditions of approval of the permit.

(b) Any such finding shall be by the planning commission after public hearing of which the initial applicant shall be given ten days' advance written notice by first class mail directed to the applicant's address of record, as per the files of the planning commission. The finding of the commission and its determination pursuant thereto shall be subject to appeal by any interested person, including any councilmember, in the same manner and within the same time as provided in this division to the council, which shall, upon the same written notice, conduct a hearing, notice of which shall have, however, been given at such corrected address as the original certificate holder or his successor may have furnished in writing. The decision of the planning commission or of the council, as the case may be, shall be final and conclusive. Action of the planning commission or of the council shall be by resolution, shall contain specific findings, and shall contain specific action relative to revocation.

(c) Notwithstanding anything in this section contained, the commission or the council, as the case may be, with respect to any ground of revocation coming within subsection (a)(2) or (3) of this section, may grant a period of time within which the case may be reactivated or within which noncompliance with conditions may be remedied. In such event, the resolution shall be considered interlocutory to the first regular meeting of the body adopting the resolution following such extended date set for full compliance. Thereupon by further resolution, the body therefore otherwise finally acting shall take final action with respect thereto.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)