Article 6 — Child Day Care Facilities

The purpose of this ordinance is to implement the provisions of the California Child Day Care Act set forth in Chapter 3.4, 3.5 and 3.6 of Division 2 of the Health and Safety Code (Section 1596.70 et seq.), and to provide reasonable standards, restrictions and requirements specifically relating to child day care facilities.

The provisions of this article shall not apply to:

Those facilities and arrangements excluded from the provisions of the California Child Day Care Act pursuant to Section 1596.792 of the Health and Safety Code;

A. Recreation programs excluded from the provisions of the California Child Day Care Act pursuant to Section 1596.793 of the Health and Safety Code;

B. Extended day care programs which are located on the campuses of public or private schools and only provide before and after school care for those students enrolled in the school.

Notwithstanding any other provisions of this chapter, and pursuant to Section 1597.45 of the Health and Safety Code, small family day care homes which are properly licensed pursuant to the provisions of the Act shall be considered a residential use of property and shall be allowed as a matter of right in all areas of the City zoned for residential uses, including, but not limited to, planned development districts where residential uses are allowed. Small family day care homes shall also be allowed as a matter of right in single family dwellings and multiple family housing units in commercial zones. The operation of a small family day care home without proper state licensing shall constitute a violation of this article, and, in addition to any remedies available to the state under the Health and Safety Code, any individual maintaining such a use shall be guilty of an infraction subject to citation pursuant to Section 1-2.06 of the Walnut Creek Municipal Code. (§3(2), Ord. 2248, eff. 2/21/25)

Notwithstanding any other provisions of this chapter, and pursuant to Sections 1597.45 and 1597.46 of the Health and Safety Code, large family day care homes shall be considered a residential use of property and shall be allowed as a matter of right in all areas of the City zoned for residential uses, including, but not limited to, planned development districts where residential uses are allowed. The operation of a large family day care home without proper state licensing shall constitute a violation of this article, and, in addition to any remedies available to the state under the Health and Safety Code, any individual maintaining such a use shall be guilty of an infraction subject to citation pursuant to Section 1-2.06 of the Walnut Creek Municipal Code. (§3(2), Ord. 2248, eff. 2/21/25)

Repealed by §3(2), Ord. 2248, eff. 2/21/25. (§21, Ord. 2134, eff. 11/20/14; §4, Ord. 2239, eff. 7/5/24)

A. Notwithstanding any other provision of this chapter, day care centers shall be permitted in any area of the City subject to the issuance of a conditional use permit by the Planning Commission pursuant to Part IV. Article 6. of this chapter, and subject to the provisions of this section.

B. Any person seeking a conditional use permit to operate a day care center shall submit an application for such permit to the Community Development Department setting forth any such reasonably required information which the Community Development Department shall request.

C. Notice of any public hearing held prior to a decision on an application for a conditional use permit to operate a day care center shall be as provided by Part IV, Article 3. of this chapter and by Government Code Section 65091.

D. The Planning Commission shall grant a conditional use permit to the applicant only upon making the required findings set forth in Part IV, Article 6. of this chapter and upon finding that the proposed day care center:

1. Complies with all City restrictions and regulations on yards, building height, setback and lot coverage standards in the zone in which the center is located. In P-D, H-P-D and commercial zones where no standards are specified, the Planning Commission shall have the authority to establish reasonable standards for yards, building heights, setbacks, and lot coverage;

2. Is compatible with the surrounding neighborhood, particularly in commercial districts;

3. Is located more than 500 feet from any other child day care center or large family day care home. Exceptions which decrease or eliminate this distance requirement may be approved by the Planning Commission;

4. Does not materially reduce the privacy otherwise enjoyed by residents of adjoining property;

5. Provides adequate access to the facility with minimal disruption to local traffic and circulation;

6. Seeks, by design and layout of the site, to avoid noise which may be a nuisance to neighbors.

E. In addition to conditions imposed by the Planning Commission in issuing a conditional use permit, the applicant shall also be required to:

1. Comply with the applicable provisions of the latest edition of the Uniform Building Code adopted by the City of Walnut Creek;

2. Comply with any standards promulgated by the State Fire Marshall and the Contra Costa County Consolidated Fire District relating to the subject of fire and life safety;

3. Be licensed or deemed to be exempt from licensure by the State of California as a day care center.