Vallejo Municipal Code Ch. 16.315 Day Care, Adult and Child

These regulations are intended to facilitate the establishment of state-licensed day care centers for seniors and children in safe and convenient locations to help meet the need for day-time care in a supervised setting. Pursuant to Health and Safety Code Section 1502, an adult day care is a community care facility maintained and operated to provide nonmedical care. In the event of conflict between these requirements and the provisions of state law, the state law shall prevail.

A. Family Day Care Facilities. Family day care facilities are permitted by-right as an accessory use of residential property in any zoning district or specific plan area where residential uses are permitted and shall be considered a residential use for purposes of zoning regulations.

B. Adult Day Care. Licensed adult day care facilities are permitted subject to compliance with the requirements applicable to the zoning districts where they are located and the requirements of this chapter.

C. Child Care and Early Education Facilities. Child care and early education facilities are permitted subject to compliance with the requirements of the State Health and Safety Code, applicable standards of the zoning districts where they are located and the following requirements:

1. Fences and Walls. Outdoor play areas shall be enclosed by a fence of at least four feet in height. In a required front setback, the minimum four-foot height shall be allowed by right. However, the fence height in a required front setback may not exceed four feet in height unless permitted through approval of an adjustment consistent with Chapter 16.505, Fences, Walls, and Screening and Chapter 16.608, Exceptions. Materials, textures, colors, and design of the fence or wall shall be compatible with on-site development and adjacent properties. All fences or walls shall provide for controlled points of entry.

2. Outdoor Play Area. For child care and early education facilities, outdoor space shall be provided for children older than two years in compliance with applicable state requirements. This area shall be either owned or leased by the applicant and cannot be shared with other property owners unless written permission is granted by the other property owners. This requirement may be waived if the applicant can demonstrate that there is a public park, school, or other public open area in close proximity to the facility that complies with the state licensing regulation.

3. Organized Outdoor Activities—Hours. If the child care and early education facility is located within or adjacent to a residential zoning district, or adjacent to a residential use, organized outdoor activities shall be limited to the hours of 8:00 a.m. to 8:00 p.m. or sunset, whichever comes first, on weekdays and 9:00 a.m. to 8:00 p.m. or sunset, whichever comes first, on weekends.

D. Additional requirements. All large adult day care and child care and early education facilities are subject to the following additional requirements:

1. Passenger Loading. A passenger loading plan shall be required for all large adult day care and child care and early education facilities subject to the approval of the director. All loading facilities shall be located off-street and within the subject property. The director may authorize up to one required on-street passenger loading space along a frontage curb for certain designated times.

2. Neighborhood Liaison. All day care facilities shall designate an on-site contact person to serve as a neighborhood liaison to address any neighborhood concerns related to the child care and early education facility operation.