Los Banos City Zoning Code
ARTICLE 37
CHILD DAY CARE FACILITIES
§ 9-3.3701 Purpose and intent.
The State of California has enacted laws and regulations with the intent to provide for the care of children in an appropriate environment. The purpose of this article is to implement said laws and regulations and to establish standards for child day care facilities as defined in Section 9-3.201.
(§ 22, Ord. 917, eff. June 6, 1997, as amended by § 161, Ord. 1095, eff. November 20, 2010, and § 3, Ord. 1174, eff. September 20, 2019)
§ 9-3.3702 Small family day care home.
(a)
Small family day care homes as defined in Section 9-3.201 shall be a permitted use in all residential zones (R-1, R-2, R-3, M-X), provided said uses are housed within structures which comply with the development standards required of all structures within the zoning district. Notwithstanding any other provisions of this chapter, and pursuant to Section 1597.45 of the Health and Safety Code, small family day care homes which are properly licensed pursuant to the provision of the Child Day Care Act shall be considered a residential use of property and shall be allowed as a matter of right in all residential zones.
(b)
Small family day care homes shall also be allowed as a matter of right in a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in nonresidential zones, so long as they are a legal nonconforming use.
(c)
Proper state licensing shall be obtained prior to operation of a small family day care home. A small family day care home shall not require a business license or zoning permit.
(§ 3, Ord. 1174, eff. September 20, 2019, as amended by § 16, Ord. 1189, eff. December 2, 2020)
§ 9-3.3703 Large family day care home.
(a)
Large family day care homes as defined in Section 9-3.201 shall be a permitted use in all residential zones (R-1, R-2, R-3, M-X), provided said uses are housed within structures which comply with the development standards required of all structures within the zoning district. Notwithstanding any other provisions of this chapter, and pursuant to Section 1597.45 of the Health and Safety Code, large family day care homes which are properly licensed pursuant to the provision of the Child Day Care Act shall be considered a residential use of property and shall be allowed as a matter of right in all residential zones.
(b)
Large family day care homes shall also be allowed as a matter of right in a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in nonresidential zones, so long as they are a legal nonconforming use.
(c)
Proper state licensing shall be obtained prior to operation of a large family day care home. A large family day care home shall not require a business license or zoning permit.
(§ 22, Ord. 917, eff. June 6, 1997, as amended by § 162, Ord. 1095, eff. November 20, 2010; § 3, Ord. 1174, eff. September 20, 2019, and § 17, Ord. 1189, eff. December 2, 2020)
§ 9-3.3704 Day care centers.
(a)
Operation of a child care center as defined in Section 9-3.201 shall be permitted in all zoning districts subject to the review and approval of a conditional use permit, in accordance with the following:
(b)
In accordance with the purpose of this article, all day care centers shall comply with the development standards for the zoning district in which they are located, including, but not limited to, the following:
(1)
Play area shall be enclosed with a solid minimum fence height of six feet. Wall and/or fencing shall be block wall, wrought iron, or wood fencing.
(2)
Play areas shall be located at a minimum of ten (10′) feet from any public right-of-way.
(3)
One off-street parking stall shall be provided for every four children, and one for every employee on the largest shift.
(4)
Loading and unloading area for children shall be provided to accommodate no less than two vehicles, and shall be located within proximity to the main entrance and shall not interfere with traffic and circulation of the area and on-site.
(5)
Site design shall minimize to the degree possible, excessive noise impacts to adjoining properties.
(c)
In addition to the development standards set forth in subsection (b) the following development standards shall apply in all residential zones:
(1)
No outdoor play equipment shall be located in required front or street-side yards.
(2)
Outdoor play areas shall be enclosed with a solid, six-foot high fence along property lines abutting residential uses.
(3)
No structural or decorative alterations are permitted that change the residential appearance of the building exterior.
(4)
Nighttime security lighting shall not be directed at neighboring properties and the light source shall be shielded from view off-site.
(5)
Days and hours of operation shall be limited to weekdays, between the 6:30 a.m. and 7:30 p.m.
(6)
No signage shall be permitted for day care centers in residential districts.
(7)
The site shall not be located within 1,200 feet of another child care facility on the same street as measured from the exterior boundaries of the property.
(d)
The applicant shall be required to:
(1)
Comply with the applicable provisions of the Uniform Building Code, as adopted by the City of Los Banos.
(2)
Comply with any standards promulgated by the State Fire Marshall and the City of Los Banos Fire Department relating to the subject of fire and life safety in child care centers, and the applicable provisions of the Uniform Fire Code.
(3)
Operator/applicant shall be licensed or deemed exempt from licensing by the State of California as a child care center.
(4)
Comply with any conditions imposed by the Planning Commission, deemed necessary to satisfy the requirements of this article.
(e)
Proper State licensing shall be obtained prior to operation of a child care center.
(§ 22, Ord. 917, eff. June 6, 1997, as amended by § 163, Ord. 1095, eff. November 20, 2010, and § 3, Ord. 1174, eff. September 20, 2019)
