ARTICLE 21
FAMILY DAYCARE HOMES

25-21-1: DEFINITIONS:

AFFECTED PERSON: A person shown on the last equalized assessment roll as owning real property within a one hundred foot (100') radius of the exterior boundaries of a proposed large family daycare home.

FAMILY DAYCARE HOME: A home which regularly provides care, protection, and supervision of fourteen (14) or fewer children, in the provider’s own home, and includes the following:

Large Family Daycare Home: A home which provides family daycare to nine (9) to fourteen (14) children, inclusive, including children under the age of ten (10) years who reside at the home, consistent with regulations issued by the state of California.

Small Family Daycare Home: A home which provides family daycare to eight (8) or fewer children, including children under the age of ten (10) years who reside at the home, consistent with regulations issued by the state of California. (Ord. #1563, §3)

25-21-2: USES:

Large family daycare homes. Large family daycare homes shall be permitted in residential zones, subject to first obtaining an administrative use permit pursuant to the procedure set forth below:

A. The development services director or his or her designee shall review and decide an application for an administrative use permit.

B. The development services director shall approve the application upon finding that:

1. There is available parking for any nonresident employee of the proposed large family daycare home.

a. Where parking is allowed on the residential street for residential uses, street parking shall be sufficient to meet this requirement. Where available street parking is used by a nonresident employee, such use must comply with all traffic laws and posted parking restrictions.

b. The applicant’s residential driveway is sufficient to meet this requirement if the proposed parking space does not conflict with any required child drop off/pick up area and does not block the public sidewalk or right of way.

2. There is adequate available parking for the loading and unloading of children from vehicles.

a. Where parking is allowed on the residential street for residential uses, street parking shall be sufficient to meet this requirement. Where available street parking is used by the applicant, nonresident employee, or persons who utilize applicant’s services, such use must comply with all traffic laws and posted parking restrictions. Double parking in the street is prohibited.

b. The applicant’s residential driveway is sufficient to meet this requirement.

c. The public sidewalk and/or right of way shall not be blocked while completing the loading and unloading process.

d. The applicant shall distribute a notice of loading and unloading procedures to all persons that utilize services of the large family daycare home. The applicant shall require all persons that utilize services of the large family daycare home to adhere to these rules.

3. The proposed large family daycare home is not located within three hundred (300) linear feet of an existing permitted large family daycare home; provided, however, that the development services director shall disregard this requirement if the applicant provides credible evidence that: a) the existing large family daycare home is operating at full capacity; or b) the applicant will provide a particular service not provided by the existing large family daycare home.

4. The applicant has been licensed for such use by the state of California, or has submitted an application for a license to the state of California and will obtain that license before commencing operation as a large family daycare home.

C. The development services director shall require the applicant, as a condition of the administrative use permit, to comply with the noise element of the city’s general plan applicable to residential properties.

D. At least ten (10) days prior to the date on which the decision will be made on the application, the development services director shall give notice of the proposed decision by mail to all affected persons, as that term is defined in this section.

E. No hearing on the application for an administrative use permit shall be held before a decision is made unless a hearing is requested by the applicant or by an affected person. If a hearing is requested, the hearing shall be held within thirty (30) days of the request.

F. The development services director shall prepare a written decision, which shall contain the findings of fact upon which such decision is based. Where no hearing is requested, the decision shall be mailed to the applicant within forty five (45) days of the application. Where a hearing has been requested, the decision shall be mailed to the applicant and any affected person who requested the hearing within ten (10) days of the hearing. Copies of the decision shall also be provided to the planning commission.

Small family daycare homes. Small family daycare homes are considered a residential use of property, and shall be a permitted use in all zones in which residential uses are permitted. (Ord. #1563, §3)

25-21-3: REVOCATION:

A. An administrative use permit for a large family daycare home may be revoked by the development services director, if any one of the following findings can be made:

1. That the permit was obtained by misrepresentation or fraud.

2. That the use for which the permit was granted has ceased or has been suspended for six (6) or more consecutive months.

3. That the permit holder has not complied with one or more of the standards or conditions of the permit.

B. The development services director shall notify the permit holder in writing of the pending revocation and state specifically the grounds upon which the revocation would be based.

1. In the event the grounds stated for the revocation are not corrected within thirty (30) calendar days of notice by mail to the permit holder, the permit shall be revoked.

2. The development services director may extend the thirty (30) day period if the permit holder demonstrates that substantial and good faith action has been taken to correct the deficiencies cited in the notice of pending revocation.

C. The decision of the development services director planning to revoke or to not revoke an administrative use permit can be set for a public hearing and appealed pursuant to the procedures contained in article 100 of this chapter, except that any complainant has standing to appeal for purposes of this section. (Ord. #1563, §3)