This chapter is intended to accommodate the development of facilities for child care, health care, and social services by establishing standards and conditions which enable such facilities to be created in accordance with state law and which also protect the character and integrity of surrounding property and neighborhoods.

Small family day care homes providing care for six or fewer children are a permitted use in all residential districts provided the operator has and maintains the appropriate license from the state of California.

Large family day care homes providing care for seven to 12 children shall be permitted in all residential, estate and agricultural districts; provided, that the home obtains a city permit and complies with the conditions listed in CMC § 17.63.070.

Applications for large family day care homes shall be filed with the community development department together with a filing fee as established by resolution of the city council. Application shall be accompanied by information and materials determined necessary by the community development department and reasonably related to areas of lawful city concern and authority, including but not limited to a site plan, a floor plan, a drop-off and pick-up plan, and documentation showing that all requirements for licensing have been met.

Within 10 calendar days after the application has been deemed complete, written notice of the proposed child care facility and information regarding the time limits to request a hearing by the planning commission shall be sent to all property owners and residents within a 100-foot radius, as well as to the planning commission and the city council. Requests for a hearing made by members of the public shall be in writing and submitted to the chief planning official. If, within 15 calendar days after notice has been mailed, no requests for a hearing have been received, the chief planning official shall approve the application; provided, that the conditions in CMC § 17.63.070 have been met.

If a request for a hearing has been submitted to the chief planning official, a date shall be set not less than 30 calendar days and not more than 60 calendar days from the date the notice was sent. At the hearing, the planning commission shall consider the information submitted in the application and the comments of the applicant and affected citizens. If the commission determines that the conditions listed in CMC § 17.63.070 have been met, it shall grant approval of the application.

A large family day care home shall be approved if the facility meets the following requirements:

The planning commission may revoke approval of the large family day care home upon a determination at a public hearing that the above conditions are not being met. Notification of the hearing shall be in accordance with standard notice procedures. The applicant or any interested person may appeal the decision of the planning commission to the city council within 10 calendar days of the planning commission hearing. The applicant shall be responsible for all city enforcement costs associated with the revocation of a permit as a result of the violation of applicable conditions.