8.372 .090 - Existing Unpermitted Facilities.

• A. Requirement for an After-the-Fact Permit for Child Care Facilities:

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

1. Existing CCCs Currently Operating without a Permit. Operators of existing CCCs operating without a permit shall meet the requirements of, apply for, and obtain a permit as specified in this Chapter. Operators of unpermitted CCC(s) shall submit a complete application for such permit, to the satisfaction of the Planning and Building Department, and obtain such permit within one (1) year of the effective date of this Ordinance. Failure to do so may result in referral of the unpermitted facility to the Planning and Building Department’s Code Compliance Section, which may result in administrative citations and fines as set in Chapter 1.40 (Administrative Remedies) of the San Mateo County Ordinance Code.

• B. Amnesty Program: This Section establishes a streamlined process for existing CCCs that meet the following eligibility criteria. Section 8.372.090.B shall sunset one (1) year after the effective date of the Ordinance.

  1. Eligibility Criteria: To qualify for the amnesty program, a CCC shall have been in continuous operation at the subject location for a minimum of 3 years prior to the effective date of this Ordinance, as confirmed by State license documentation.

  2. Permit Requirement and Process:

     • a. Conforming facilities are eligible for a ministerial permit, as described in Section 8.372.060. Conforming facilities are facilities that conform (currently or through permitted modification) to all requirements of Section 8.372.010 Any modifications required to bring the facility into conformance with Section 6420 shall be made a condition of permit approval.

     • b. Non-conforming facilities require a Use Permit, as described in Section 8.372.070. The nonconforming aspects may be granted an exception from requirements of Section 8.372.010 as allowed in the Zoning Regulations. Non-conforming facilities are facilities that cannot be feasibly made to conform (currently or through permitted modification) to the requirements of Section 8.372.010.

On May 4, 2021 the Board repealed the former Section 6401.2. (General Provisions Relating to Large Family Day Care Homes) with this Ordinance (Chapter 8.372). When a discrepancy exists between the permissions, requirements, and procedures outlined in this Chapter and those of an individual zoning district pertaining to Child Care Facilities, the permissions, requirements, and procedures of this Chapter shall apply.

Section 6401.2 repealed and Chapter 22.2 added by Ordinance No. 4844 – May 4, 2021

Sections 6420.4.2. (Table 2) and 6420.5. amended by Ordinance No. 4874 – March 28, 2023); Certified by Coastal Commission on May 11, 2023