Chapter 5.100
LARGE FAMILY DAY CARE HOME
Sections:
5.100.030 Application of chapter.
5.100.040 Permit required—Compliance with other laws.
5.100.060 Application review and permit issuance.
5.100.100 Permit not transferable.
5.100.110 Suspension, modification or revocation of permit.
5.100.120 Effect of revocation.
5.100.010 Purpose.
The city council finds that child day care services are an essential service for working parents in the city and that child care services in family homes are desirable to parents and provide children with a residential environment that is conducive to healthy and safe development. Regulations in this chapter are intended to address large family day care home uses consistent with the provisions of state law and in a manner that recognizes the need for such services and the importance of minimizing the effects on surrounding properties. (Ord. 1219 § 2 (part), 2015)
5.100.020 Definitions.
The following definitions shall apply for purposes of this chapter:
A. “Administrative permit” means a nondiscretionary permit issued to a person or business entity for the purpose of operating a large family day care home in a single-family dwelling that complies with the standards, restrictions, and requirements contained in this chapter.
B. “Applicant” means the person or business entity applying for an administrative permit under this chapter for the purpose of operating a large family day care home.
C. “City manager” means the city manager of the city of Folsom or his/her designee.
D. “Large family day care home” means a family day care home under Section 1597.465 of the Health and Safety Code, as amended from time to time, providing care for more than eight children and up to and including fourteen children operated in the provider’s home with a license from the California Department of Social Services under the standards of state law, for periods of less than twenty-four hours per day while the children’s parents or guardians are away.
E. “Director” means the director of the city of Folsom community development department or his/her designee.
F. “Fire department” means the Folsom fire department.
G. “Permittee” means a person or business entity that has been issued an administrative permit as provided in this chapter.
H. “Provider” means a person or business entity operating a large family day care home.
I. “Small family day care home” means a family day care home providing care for up to eight children and operating with a license from the California Department of Social Services under the standards of state law. (Ord. 1219 § 2 (part), 2015)
5.100.030 Application of chapter.
A. Existing Large Family Day Care Home. The lawful operation of large family day care homes existing prior to the effective date of the ordinance codified in this chapter may continue without complying with the requirements of Sections 5.100.050(G) through (L); provided, that the provider applies and obtains a business license and an administrative permit under this chapter within four months of the effective date of the ordinance codified in this chapter; however, if the large family day care home use is abandoned or discontinued for a period of twelve consecutive months or more, subsequent use of the property as a large family day care home shall be in conformity with all provisions of this chapter.
B. New Large Family Day Care Homes. This chapter shall apply to all new large family day care homes operating or seeking to operate after the effective date of the ordinance codified in this chapter.
C. Small Family Day Care Homes. This chapter does not apply to small family day care homes providing care for up to eight children and operating under a license from the California Department of Social Services pursuant to Section 1597.44 et seq. of the Health and Safety Code, as amended from time to time. (Ord. 1219 § 2 (part), 2015)
5.100.040 Permit required—Compliance with other laws.
A. Large family day care homes operating in the city are required to have a valid administrative permit issued pursuant to this chapter.
B. Neither the obtaining of an administrative permit nor compliance with the operating standards provided in this chapter shall obviate the need for, or excuse any noncompliance with, the zoning code, building code, fire code or any other or additional licensing or permitting requirement or standards made applicable to the large family day care home under any other provision of this code or state or federal law. (Ord. 1219 § 2 (part), 2015)
5.100.050 Standards.
In order to be eligible for an administrative permit issued under this chapter, the applicant shall meet the following minimum criteria:
A. City Business License. All large family day care homes are required to obtain a business license from the city.
B. State License. All large family day care homes are required to have a valid and current day care license issued by the California Department of Social Services.
C. Noise. In order to protect adjacent residential dwellings from noise impacts, outdoor activities are restricted to the hours of 8:00 a.m. to 8:00 p.m. The large family day care home is subject to compliance with the city’s noise ordinance.
D. Traffic Control. To ensure that children are not placed at risk and that street traffic is not unduly interrupted, each large family day care home shall ensure a minimum of two on-street parking spaces are available adjacent to the large family day care home property, whether on public road or private street, for children drop-off and pick-up, in addition to the driveway of the large family day care home.
E. Session Separation. In the event the large family day care home operates more than one session at any given day where children are expected to be picked up at the end of the session, there shall be at least thirty minutes of separation between the end of a session and the start of the next session in order to minimize congregation of vehicles picking up and dropping off children and traffic impact to the surrounding neighbors. Existing large family day care homes operating multiple sessions per day shall comply with this provision within one year from the effective date of the ordinance codified in this chapter.
F. Indoor Areas. All indoor areas where children are regularly present and cared for must comply with the city’s building and zoning codes, subject to inspection and approval by the city’s building department and fire marshal.
G. Provider’s Residence. The large family day care home shall be the principal residence of the day care provider, and the use shall be clearly incidental and secondary to the primary use of the property as a residence.
H. Zoning. Large family day care homes are permitted only in single-family residences as an accessory use of the single-family residential property.
I. Separation. In order to maintain the integrity of residential neighborhoods, large family day care homes shall not be located closer than three hundred feet from an existing state-licensed large family day care home, measured from the closest point of the lot line. Certain exceptions, in the form of legitimate physical and topographical barriers and buffers such as an open space corridor, highway, or arterial that would provide comparable separation may be allowable as determined by the director.
J. Parking. In addition to the standard single-family parking requirement of two covered parking spaces located outside the required front yard and street-side yard setback areas, one additional off-street parking space shall be provided for each employee that does not reside at the large family day care home. The driveway of the large family day care home may serve to meet the employee parking requirement.
K. Signs. No sign shall be allowed in conjunction with the large family day care home facility.
L. Garage Conversion. No garage conversion shall be permitted for purpose of operating a large family day care home. (Ord. 1219 § 2 (part), 2015)
5.100.060 Application review and permit issuance.
A. Upon receiving an application for an administrative permit from an applicant, the director shall review the application and may obtain recommendations and reports from such other city departments as he/she deems necessary concerning the application.
B. The director shall approve the issuance of the administrative permit if he or she finds all of the following:
1. The proposed operation of the large family day care home has a current and valid family day care home license issued by the California Department of Social Services.
2. The proposed operation of the large family day care home at the proposed location meets all of the standards under Section 5.100.050.
3. The proposed location has a current fire department occupancy permit and has received a fire and life safety inspection.
4. It does not appear, based upon the information before the director, that the applicant has provided false or misleading material information in the application.
C. Where the director determines that a permit application should be denied, the director shall inform the applicant of the reason(s) for the denial in writing.
D. The standards set forth under Section 5.100.050 relating to the operation of a large family day care home shall be listed on, or attached to, the administrative permit. (Ord. 1219 § 2 (part), 2015)
5.100.070 Fees.
Every application for an administrative permit shall be accompanied by a nonrefundable application fee as established by resolution of the city council. This application fee shall be in addition to the city’s business license tax and any other license or permit fee imposed by this code upon the applicant. (Ord. 1219 § 2 (part), 2015)
5.100.080 Display of permit.
The administrative permit issued pursuant to this chapter shall at all times be displayed in a conspicuous place in the large family day care home for which it was issued and shall be immediately produced upon the request of any police and fire department personnel or code enforcement officer. (Ord. 1219 § 2 (part), 2015)
5.100.090 Duration of permit.
An administrative permit issued pursuant to this chapter shall be valid from the date it was issued, until change of ownership of the large family day care home business or the premises at the permit location, or until suspended or revoked under Section 5.100.110. (Ord. 1219 § 2 (part), 2015)
5.100.100 Permit not transferable.
Administrative permits issued pursuant to this chapter are not transferable to another person, provider, business entity or location. (Ord. 1219 § 2 (part), 2015)
5.100.110 Suspension, modification or revocation of permit.
A. The director may suspend, modify or revoke any permit issued pursuant to the provisions of this chapter, upon notice to the permittee and an opportunity for a hearing as provided in this chapter, for any of the following reasons:
1. The large family day care home has been conducted in a manner contrary to the findings for the issuance of a permit set forth in Section 5.100.050;
2. The permittee has failed to comply with one or more standards of the permit;
3. The permittee or his/her employees, agents, or representatives have failed to comply with all applicable federal, state and local laws, rules or regulations in connection with the large family day care home; or
4. The applicant has knowingly made a false statement of material fact or has knowingly omitted a material fact in the application.
B. The director’s determination to suspend, modify or revoke any administrative permit shall be in writing, setting forth the reasons for said determination. (Ord. 1219 § 2 (part), 2015)
5.100.120 Effect of revocation.
In the event an administrative permit is revoked by the director, no application for another administrative permit for a proposed large family day care home activity at the same location shall be considered by the director for a period of one year from the date of revocation, unless proof of bona fide change of ownership of the large family day care home has been presented to the director. (Ord. 1219 § 2 (part), 2015)
5.100.130 Appeal.
A. In the event a decision to deny, suspend, modify or revoke an administrative permit is made by a designee of the director, the applicant or permittee shall have the right to appeal from said action to the director within fifteen calendar days after the notice is personally served upon or mailed to the applicant or permittee. A written notice of appeal shall be timely filed with the director, and on receipt of said notice, the director shall set the matter for hearing within fifteen calendar days of the filing of said notice of appeal. Written notice of the time and place of such hearing shall be served upon the appellant at least five calendar days prior to the date set for such hearing. Notice may be given either by personal delivery to the appellant, or by depositing it in the U.S. mail in a sealed envelope, postage prepaid, addressed to the person to be notified at his or her address as it appears in the application.
B. Within five calendar days after the hearing, a written notice to the appellant either granting the permit or containing a statement of the grounds relied upon for suspending, modifying, revoking or denying the permit shall be personally served upon or mailed to the appellant. The decision of the director under this section may be appealed to the city manager within fifteen calendar days of the date of service or mail of the decision to the appellant. Notwithstanding any other provision of this code, the decision of the city manager shall be final.
C. If a written notice of appeal is not timely filed pursuant to this section, the decision of the director or his/her designee shall be final.
D. The director may order, on the basis of health and safety concerns, that no large family day care home activity may be provided on the premises specified in the application or the administrative permit while an appeal is pending. (Ord. 1219 § 2 (part), 2015)