The purpose of this chapter is to authorize the establishment of large family day care homes in residential neighborhoods where such uses will not have an adverse effect on surrounding area.

(Prior code § 7255.01)

Large family day care homes shall comply with the following standards:

A.

An operating license, if required, shall be obtained through the state department of social services, community care licensing division, prior to or concurrently with obtaining a permit pursuant to this chapter. The applicant shall comply with all applicable state and county regulations, including, but not limited to, the following:

1.

Large family day care homes shall be located within a detached single-family dwelling.

2.

A large family day care home may provide care for more than twelve (12) children and up to and including fourteen (14) children if all of the following conditions are met:

a.

At least two (2) of the children are at least six (6) years of age.

b.

No more than three (3) infants are cared for during any time when more than twelve (12) children are being cared for.

c.

The licensee notifies a parent that the facility is caring for two (2) additional school age children and that there may be up to thirteen (13) or fourteen (14) children in the home at one time.

d.

The licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented.

B.

Sufficient off-street loading space shall be provided in addition to the required off-street parking to serve the dwelling. The required loading space may be located within the required front yard.

C.

Outside play areas shall be screened from adjacent properties with either a solid wood fence or masonry wall six (6) feet in height. The fence or wall height shall be reduced to four (4) feet within the required front yard. The screening requirement may be reduced or eliminated by the planning director with the written consent of all abutting property owners.

D.

No signs other than those permitted by the applicable zoning district regulations shall be permitted.

(Ord. G-6412 § 58, 1997: Ord. G-6297 § 67, 1996: Prior code § 7255.02)

(Ord. No. G-7821, § 78, 1-27-09)

No large family day care home shall be established until an application for a large family day care home permit has been submitted to and approved by the planning director in accordance with the procedures set out in Section 19.96.050.

(Ord. G-6077 § 306, 1994: Ord. G-5063 § 2, 1989: Prior code § 7255.03 (part))

An application for a large family day care home permit shall include the following:

A.

Name and address of the applicant;

B.

Name(s) and address(es) of the property owner(s);

C.

Assessor's parcel number(s);

D.

Legal description of the property;

E.

Plot plan drawn at the scale specified by the planning director, which includes the following information:

1.

Existing and proposed buildings and structures,

2.

Distance of all existing and proposed buildings and structures from property lines,

3.

Outside play areas, including screening,

4.

Off-street loading space,

5.

North arrow;

F.

Days and hours of operation;

G.

Number of children for whom care is to be provided;

H.

Copy of license or license application.

(Ord. G-6077 § 307, 1994; Prior code § 7255.03(A))

A large family day-care home permit application shall be approved according to the procedures set out in Sections 19.102.040 through 19.102.060 of this title, except as otherwise set forth below.

A.

Not fewer than ten (10) days prior to the date on which the decision will be made on the application, a notice of opportunity for public hearing shall be sent by mail or delivered to all property owners of property located within a one hundred (100) foot radius of the exterior boundaries of the proposed family day-care home. No hearing on the application shall be held before a decision is made unless a hearing is requested by the applicant or other affected person.

B.

If a public hearing is requested by the applicant or other affected person, a notice of public hearing shall be sent by mail or delivered to all property owners of property located within a one hundred (100) foot radius of the exterior boundaries of the proposed large family day-care home for consideration at a hearing to be held by the planning director. After considering input at a public hearing, the planning director shall render a decision in accordance with Section 19.102.100 of this title. In reaching a decision, the planning director shall consider the applicant's ability to ensure compliance with the provisions of this chapter and the spacing and concentration of other large family day-care homes in the immediate area and may impose conditions related to traffic control, parking and noise control, provided that any required noise control measures are consistent with the noise element of the governing specific or general plan. An application shall only be denied based on noncompliance with the requirements of this chapter or the stated intent of the applicant to violate any required conditions.

C.

The applicant or other affected person may appeal the decision of the planning director according to the procedures set out in Section 19.102.110 of this title.

(Ord. G-6077 § 309, 1994: Ord. G-5063 § 3, 1989: Prior code § 7255.03(B))

(Ord. No. G-7821, § 80, 1-27-09)

Any permit issued pursuant to this chapter may be revoked or modified pursuant to Section 19.102.020 of this title.

(Prior code § 7255.03(C))