A.

The use of a residence as a small family day care home, as defined in the California Health and Safety Code Section 1597.44, shall be considered a residential use of property of this chapter and shall be permitted outright in a legal dwelling unit in any zoning district.

B.

Large family day care homes, as defined in Health and Safety Code Section 1597.465, shall require an administrative use permit. In processing the administrative use permit, the standards and procedures set forth in this section shall be the sole process in which to obtain an administrative use permit to operate a large family day care home.

(Ord. 1321 § 2 (part), 2005)

A.

In processing the administrative use permit for large family day care homes, the zoning administrator or designee shall do all of the following:

1.

Provide notice of the proposed use to adjoining property owners within one hundred-foot radius of the exterior boundaries of the large day care home subject property;

2.

Notice shall be given not less than ten calendar days prior to the date on which the decision will be made on the application;

3.

Hold a public hearing on the subject application only if requested by the applicant or an interested party.

B.

The zoning administrator or designee shall grant an application for an administrative use permit to operate a large family day care home upon finding compliance with the following conditions and standards. The zoning administrator or designee may impose reasonable conditions of approval to ensure that these standards are met.

1.

The facility provider shall possess a current and valid large family day care license from the state of California, Department of Social Services.

2.

The applicant lives in the home, and the home is the applicant's legal principal residence, and the use is clearly incidental and secondary to the use of the property for residential purposes.

3.

The facility provider shall comply with all applicable regulations of the state fire marshal regarding health and safety.

4.

Spacing and Concentration. Properties proposed for large family day care homes shall be located at least three hundred feet apart in all directions. In no case shall there be more than one large family day care home fronting the same street within the same block. The planning division, in reviewing applications for large family day care homes, may allow minor deviations from the requirements on spacing and concentration if a finding can be made that no lot or home will be impacted by more than one day care facility.

5.

Parking. Large family day care homes shall be allowed only when there is adequate off-street or on-street parking which may consist of the following:

a.

A driveway at least nineteen feet long and eight and one-half feet wide which is kept free for loading and unloading of children;

b.

If the street is wide enough to have a parking lane, the on-street space in front of the driveway of the lot proposed for large family day care home is kept free for loading and unloading of children;

c.

In the case of large family day care homes for four or more infants (less than eighteen months old), there shall be an off-street parking space kept available for the parking of an assistant unless the applicant can prove that the assistant resides in the proposed family day care home. This space shall be in addition to the loading and unloading space required under subsections (B)(5)(a) and (b) of this section.

The zoning administrator may approve a deviation from the parking standards if a finding can be made that there are alternatives available to provide the required loading and unloading space for clients and the parking space for helpers/employees.

6.

Traffic Control. The family day care home shall not result in cars blocking neighbors' driveways or double parking.

7.

Noise. Prolonged or abnormally loud sounds or noise shall not be considered customary in a single-family residential zone and shall not be allowed in relation to the operation of a large family day care home. However, periodic sounds of children shall be considered customary in single-family residential zones during the daytime hours from seven a.m. to seven p.m.

a.

If requested by a resident or property owner within the public notice area, the zoning administrator or designee shall impose limitations on the hours of outside play. The zoning administrator or designee shall have discretion to limit the hours of outdoor play. In no event, however, shall hours of outdoor play be less than four hours per day. If there is no such request from an affected resident or property owner, there shall be no limitations on the hours of outside play.

8.

The large family day care provider shall pay a business tax fee as required by the city of Daly City.

(Ord. 1321 § 2 (part), 2005)

The applicant or other affected person may appeal the decision of the zoning administrator to the city council within ten days from the date of the decision. Said appeals shall be in writing stating the grounds therefor. All proceedings initiated by the action of the zoning administrator shall be suspended pending a determination by the city council on the merits of the appeal.

(Ord. 1321 § 2 (part), 2005)

The city council shall hold one public hearing within ninety days after the filing of an appeal and shall give notice thereof by first class mail to all property owners within one hundred-foot radius of the exterior boundaries of the large family day care home subject property and at least one publication in a newspaper of general circulation published within the city. In addition, not less than three notices of the public hearing shall be posted along the street on which the large family day care home fronts. Postings shall be completed not less than ten days prior to such public hearing.

(Ord. 1321 § 2 (part), 2005)

Upon receipt of an appeal, the zoning administrator shall make a written report to the city council setting forth the recommendations and findings relevant to circumstances of the case.

(Ord. 1321 § 2 (part), 2005)

Prior to the approval of any administrative use permit, the city council, upon receipt of the zoning administrator's report, shall find that the large family day care home will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood or be injurious or detrimental to the property and improvements in the neighborhood or to the general welfare of the city.

(Ord. 1321 § 2 (part), 2005)

Upon receipt of the zoning administrator's report, the city council may in its discretion affirm or deny the recommendation of the zoning administrator. The city council may designate and establish such conditions as it deems necessary in connection with the proposed administrative use permit, whether such conditions are different from, less than or in addition to those suggested by the zoning administrator.

(Ord. 1321 § 2 (part), 2005)

The zoning administrator may impose, as a condition of approval, an expiration date for any administrative use permit issued for the operation of a large family day care home. Any expiration date issued shall be included in the written findings as set forth in Section 17.43.020 of this chapter. Absent an expiration date imposed by the zoning administrator, an administrative use permit granted in accordance with the terms of this title shall remain in effect for five years from the date of issuance.

(Ord. 1321 § 2 (part), 2005)

A.

The zoning administrator may, after twenty days' notice by mail to the permit holder, revoke an administrative use permit if the property subject to the administrative use permit has been utilized contrary to the findings and requirements set forth in Section 17.43.020 of this chapter. The zoning administrator shall render a notice of its decision to revoke or to not revoke the administrative use permit. The decision of the zoning administrator 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 Section 17.43.030 of this chapter.

B.

The administrative use permit shall be automatically revoked if the state has revoked, terminated or otherwise rejected the issuance of a large family day care home license.

C.

The administrative use permit shall automatically be revoked upon the subject property being declared a public nuisance under Sections 8.16.030 and 8.16.040 of this code.

D.

Upon revocation of the administrative use permit, the applicant cannot apply or re-apply within a period established by the city council for the same or similar administrative use permit for a period that shall be no greater than two years.

(Ord. 1321 § 2 (part), 2005)