Chapter 8.82
DAY CARE CENTERS
8.82.010 Purpose.
The purpose of this Chapter is to establish regulations for the location and operation of Day Care Centers. Ord. 6-13 (November 2013)
8.82.020 Intent.
The intent of this Chapter is to:
A. Establish a ministerial process for the review and approval of Day Care Centers.
B. Establish development standards and regulations for the location and operation of Day Care Centers within the City.
C. Reduce the potential for noise impacts from Day Care Centers when located adjacent to a residential land use. Ord. 6-13 (November 2013)
8.82.030 Permitting Procedure.
A. A Day Care Center that meets the Development Standards and Regulations contained in this Chapter shall be subject to approval of a Zoning Clearance by the Community Development Director and shall be processed in accordance with Chapter 8.116 (Zoning Clearance).
B. A Day Care Center that does not meet the Development Standards and Regulations contained in this Chapter shall be subject to approval of a Minor Use Permit and shall be processed in accordance with Chapter 8.102 (Minor Use Permit). Ord. 6-13 (November 2013)
8.82.040 Development Standards and Regulations.
An application for a Zoning Clearance to establish a Day Care Center shall comply with the following development standards and regulations:
A. Permitted in All Zoning Districts Except A (Agricultural) and Comparable PD (Planned Development) Zoning Districts. A Day Care Center may be established in all Zoning Districts with the exception of the A (Agricultural) Zoning District and comparable PD (Planned Development) Zoning Districts with similar agricultural uses. A Day Care Center may be established in other PD (Planned Development) Zoning Districts if not specifically prohibited by the PD regulations and if the project site does not have a Rural Residential/Agricultural or Open Space General Plan Land Use designation. Any PD regulations which require a Conditional Use Permit for Day Care Centers shall be superseded by this Chapter and shall be subject to the requirements of this Chapter.
B. Parking. The Day Care Center shall provide the amount of parking required in Section 8.76.080 (Parking Requirements by Use Type) of the Off-Street Parking and Loading Regulations.
C. Drop-Off/Pick-Up. A Day Care Center that provides care for non-school aged children shall have staggered drop-off and pick-up of children across a minimum 1-hour time period.
D. Hours of Operation. Hours of operation for a Day Care Center shall be limited to between 6:00 a.m. and 9:00 p.m. Monday through Friday.
E. Outdoor Play Activity Hours. Outdoor play activities involving children associated with a Day Care Center that is located on a parcel of land that either shares a property line with a residential use or borders a vacant parcel that shares a property line with a residential use shall be limited to between 9:00 a.m. and 6:00 p.m. Monday through Friday. Outdoor play activities involving children associated with a Day Care Center that does not share a property line with a residential use or border a vacant parcel that shares a property line with a residential use shall be limited to between 8:00 a.m. and 7:00 p.m. Monday through Friday.
F. Outdoor Play Area.
1. Site Development Review Required. Modifications to existing outdoor play area(s) or the establishment of new outdoor play area(s) for use by children associated with a Day Care Center shall be subject to Chapter 8.104 (Site Development Review).
2. Day Care Center Adjacent to Residential Land Use. A Day Care Center that is located on a parcel of land that shares a property line with a residential land use or borders a vacant parcel that shares a property line with a residential land use and proposes to use an existing outdoor play area(s) or establish a new outdoor play area(s) shall be limited in the amount of outdoor play as set forth in Table 1, Number of Children-Hours per Day within an Outdoor Play Area, and Section 8.82.050.
3. Day Care Center Across from a Residential Land Use. A Day Care Center that proposes to use an existing outdoor play area(s) or establish a new outdoor play area(s) and is not adjacent to a residential land use as defined in subsection F.2 of this section, but is located along a residential street or residential collector street (as defined in the Dublin General Plan) that has residential land uses shall be reviewed by the Community Development Director to determine whether a Zoning Clearance or Minor Use Permit shall be required.
|
Distance from Center of Play Area to Residential Property Line (Distance “A”) |
AMBIENT NOISE LEVELS |
||
|---|---|---|---|
|
Quieter |
Moderate |
Noisier |
|
|
Max. Number of Children-Hours per Day |
|||
|
0-9 feet |
0 |
0 |
0 |
|
10-14 feet |
2 |
5 |
8 |
|
15-19 feet |
4 |
12 |
18 |
|
20-24 feet |
7 |
20 |
33 |
|
25-29 feet |
10 |
35 |
50 |
|
30-39 feet |
16 |
50 |
75 |
|
40-49 feet |
28 |
90 |
130 |
|
50-59 feet |
45 |
140 |
200 |
|
60-74 feet |
60 |
200 |
300 |
|
75-99 feet |
100 |
300 |
450 |
|
100+ feet |
180 |
500 |
800 |
Note: A distance that results in a fraction of 0.5 or greater shall be rounded up to the nearest whole foot.
G. Noise/Nuisance. All outdoor activities involving children shall occur within a designated Outdoor Play Area(s) and shall be monitored and controlled so as not to create unusual or unnecessary noise that may disturb or annoy persons living or working in the vicinity.
H. Signs. All signs associated with a Day Care Center shall conform to Chapter 8.84 (Sign Regulations).
I. State of California Licensing. Any Day Care Center that is required to obtain a license from the State of California to operate shall submit a copy to the Community Development Department prior to establishment of the Day Care Center and shall keep said license current and valid throughout the life of the Day Care Center. If a Day Care Center is exempt from licensing by the State of California as a child care center because they are registered as a Heritage School, proof of registration shall be submitted to the Community Development Department prior to the establishment of the Day Care Center and shall be kept current and valid throughout the life of the Day Care Center.
J. Business License. The operator of the Day Care Center shall obtain a City of Dublin Business License prior to establishing the Day Care Center. The Business License shall remain current and valid throughout the life of the Day Care Center.
K. Compliance with Local Ordinances. The operator of the Day Care Center shall comply with all applicable City of Dublin Ordinances including, but not limited to, Chapter 5.56 (Smoking Pollution Control); Chapter 5.64 (Property Maintenance); and Chapter 7.32 (Building Security). Ord. 6-13 (November 2013)
8.82.050 Determining the Number of Children-Hours per Day within an Outdoor Play Area.
A. Procedures. In order to determine the allowable “Maximum Number of Children-Hours per Day” as set forth in Table 1 (refer to Section 8.82.040.F) the following procedures shall apply:
1. Identify the location of the outdoor play area on the Applicant’s Site Plan and determine the center of the play area (refer to subsection B of this section).
2. Measure the distance from the center of the play area to the nearest residential property line (refer to subsection C of this section). Mark the location on the nearest residential property line as the “Ambient Noise Level Measurement Location” or “ANLML.”
3. Measure the distance from the ANLML to the edge of the nearest freeway (refer to subsection D of this section) and nearby roadways (refer to subsection E of this section). Based on the measured distances and visibility of the nearest freeway and nearby roadways, determine the Ambient Noise Level (Quieter, Moderate or Noisier) at the ANLML (refer to subsection F of this section).
4. Locate the applicable Distance “A” in Table 1 and the applicable Ambient Noise Level (Quieter, Moderate or Noisier). Where the row and column intersect is the maximum number of children-hours per day allowed (refer to subsection G of this section).
5. Calculate the Applicant’s proposed number of children-hours per day (refer to subsection H of this section). Compare this number with the maximum number of children-hours per day allowed from Table 1 (refer to subsection A.4 of this section). If the Applicant’s number is less than the number obtained from Table 1, the project meets the required development standard. If the Applicant’s number is more than the number obtained from Table 1, the Applicant may choose to reduce their number of children-hours or apply for a Minor Use Permit.
B. Determining the Center of the Play Area. The center of the play area is determined by drawing two diagonal lines from opposite corners of the play area. The center of the play area is the location where the two lines intersect. Any portion of a play area that is blocked from the nearest residential property line by a building shall be disregarded when determining the center of the play area. Refer to Section 8.82.060, Figure 1.
C. Determining the Distance from the Center of the Play Area to a Residential Property Line (Distance “A”). Distance “A” shall be measured as the shortest, straight-line distance between the center of the play area to the nearest residential property line. The location on the nearest residential property line shall be the “Ambient Noise Level Measurement Location” or “ANLML.” Refer to Section 8.82.060, Figure 1.
D. Determining the Distance from the Ambient Noise Level Measurement Location (ANLML) to the Nearest Freeway (Distance “X”). Distance “X” shall be measured as the shortest, straight-line distance from the ANLML to the edge of the traveled way of the nearest freeway. Refer to Section 8.82.060, Figures 2 and 3.
E. Determining the Distance from the Ambient Noise Level Measurement Location (ANLML) to the Nearest Roadway(s) (Distance “Y”). Distance “Y” shall be measured as the shortest, straight-line distance from the ANLML to the edge of the traveled way of the nearest Arterial or Class I Collector, as defined in the Dublin General Plan. Refer to Section 8.82.060, Figures 2 and 3.
F. Determining the Ambient Noise Level. The existing noise environment is defined by one of three Ambient Noise Level categories: Quieter, Moderate and Noisier. Each category describes the existing noise environment based on the proximity and visibility of freeways and/or roadways to the “Ambient Noise Level Measurement Location” (refer to subsection C of this section). The following describes the characteristics of each Ambient Noise Level category:
1. Quieter Noise Environment. A “Quieter” noise environment is when the “Ambient Noise Level Measurement Location” meets all of the following criteria: (a) is at least 500 feet from the edge of the traveled way of a freeway; (b) is at least 200 feet from the edge of the traveled way of an Arterial or Class I Collector (as defined in the Dublin General Plan); and (c) the line-of-sight to all freeways and roadways (except Residential and Residential Collector streets, as defined in the General Plan) is blocked by buildings and/or terrain (not including vegetation). Refer to Section 8.82.060, Figure 2.
2. Moderate Noise Environment. A location shall be considered a “Moderate” noise environment if it does not meet the criteria for a “Quieter” noise environment or a “Noisier” noise environment.
3. Noisier Noise Environment. A “Noisier” noise environment is when the “Ambient Noise Level Measurement Location” meets the following criteria: (a) is within 150 feet of the edge of the traveled way of a freeway or within 75 feet of the traveled way of an Arterial or Class I Collector (as defined in the Dublin General Plan); and (b) there is at least a partial line-of-sight to the freeway, Arterial or Class I Collector street. Refer to Section 8.82.060, Figure 3.
G. Determining the Maximum Number of Children-Hours per Day Allowed. The maximum number of children-hours per day allowed within the outdoor play area is set forth in Table 1 and shall be determined based on the distance between the center of the play area and the closest residential property line (Distance “A”) and the Ambient Noise Level (Quieter, Moderate or Noisier).
H. Calculating the Applicant’s Number of Children-Hours per Day. The Applicant’s Number of Children-Hours per Day shall be calculated by multiplying the number of children in the outdoor play area at any given time by the number of outdoor play periods per day by the duration of the outdoor play period(s). For example, if 30 children use the outdoor play area 4 times a day for 45 minutes each time, then the total “children-hours per day” is calculated as follows: 30 children x 4 play times x .75 (45 minutes equals .75 of 1 hour) = 90 Children-Hours per day. If the number of children and/or the duration of play varies throughout the day, then each play period shall be calculated individually and summed for the total Children-Hours per day. Ord. 6-13 (November 2013)
8.82.060 Figures.
Figure 1.
Note: Adjacent street types are shown as examples to illustrate the development standards contained in the text of this Chapter and do not represent a requirement that Day Care Centers be located along Arterial or Class I Collector Streets or be adjacent to Residential Collector Streets.
Figure 2.
Note: Adjacent street types are shown as examples to illustrate the development standards contained in the text of this Chapter and do not represent a requirement that Day Care Centers be located along Arterial or Class I Collector Streets or be adjacent to Residential Collector Streets.
Figure 3.
Note: Adjacent street types are shown as examples to illustrate the development standards contained in the text of this Chapter and do not represent a requirement that Day Care Centers be located along Arterial or Class I Collector Streets or be adjacent to Residential Collector Streets.
Ord. 6-13 (November 2013)