Martinez City Zoning Code
CHAPTER 22
49 CHILD CARE FACILITIES
§ 22.49.010 Purpose.
The purpose of this Chapter is to implement the Child Care Component of the Community Facilities Element of the Martinez General Plan. It is the policy of the City to assist and encourage the development of adequate, affordable and quality child care. The City recognizes the need to provide infant and after-school care and thus encourages the development of facilities to address these two age groups. The City acknowledges that the provision of child care requires a partnership between public and private participants and that the role of the City is to establish land use policies and ordinances to promote the establishment of child care facilities in this City. It is recognized that it is the developer's responsibility to address child care needs associated with his/her development and that the establishment of such child care facilities will help satisfy the child care infrastructure requirements associated with new growth.
(Ord. 1148 C.S. § 1, 1990)
§ 22.49.020 Definitions.
A.
"Child care facility" or "facility"
means an existing or proposed child day care facility and related improvements and structures as defined in Health and Safety Code Section 1596.750.
B.
Such facility includes the building, indoor and outdoor equipment, landscaping, and other site development costs, and any accessory structures and programs licensed by the State for direct child care services providing but not limited to shelter, food and educational and play opportunities for less than 24 hours per day.
C.
"Project"
means any new residential development resulting in the addition of more than one bedroom, and any new non-residential development resulting in more than 2,500 gross square feet and any subdivision which is granted an extension of time for which to file the final or parcel map except buildings or improvements related to the following:
1.
Day Care Centers.
2.
Schools.
3.
Churches.
4.
Accessory Dwelling Units, as defined in Section 22.04.021.
5.
Repair and reconstruction of any building damaged by flood, fire, or other disaster.
6.
Senior housing project.
7.
Subdivisions for which, during the five-year period prior to this ordinance becoming effective (which date is May 10, 1990), a final or parcel map has been recorded.
8.
Subdivisions, the applications for which were deemed complete on or before February 3, 1990, the date notice of this ordinance was given per Section 66474.2(b) of the Subdivision Map Act.
(Ord. 1148 C.S. § 1, 1990; Ord. 1156 C.S. § 1, 1990; Ord. No. 1447, § 11, 7/19/2023)
§ 22.49.030 Permitted use.
Any child care facility provided as part of a project shall be permitted as an accessory use in all zoning districts except those designated as industrial. Child care facilities not a part of a project as defined by this Chapter shall be subject to the City's regulations and zoning ordinance.
(Ord. 1148 C.S. § 1, 1990)
§ 22.49.040 Child care requirement.
A.
Child care needs assessment. Staff will determine each project's child care needs based on generation rates and percent of working mothers.
B.
Response program. An application for a project, including building permits (with the exceptions as noted in Section 22.49.020 of this Chapter), as defined herein shall include a response program identifying how the needs as identified in Section 22.49.040 (A) shall be met within the City of Martinez. The response program shall include the manner in which the establishment of child care services and the use of child care facilities will be assured by the availability of qualified care providers and related resources.
(Ord. 1148 C.S. § 1, 1990)
§ 22.49.050 Facility repaired.
A.
Prior to issuance of a building permit for any project defined herein, applicant shall provide or guarantee through bonding or development agreement, a facility or participant in the construction and establishment of facilities as required to mitigate the project's child care impacts.
B.
In certain circumstances, the Planning Commission or City Council may consider payment in lieu of the facilities requirement. In-lieu fees shall be made according to the standards and formula contained in this Chapter.
(Ord. 1148 C.S. § 1, 1990)
§ 22.49.060 Standards and formula for facilities.
The applicant and/or developer shall provide a facility to serve the project residents and/or employees.
A.
The size of the facility required shall be as follows:
1.
Residential development.
Size of facility = number of children generated in need of child care × square feet of facility required per child.
2.
Non-residential development.
Size of facility = number of employees × percent of women in the workforce with children ages 0—12 × square feet of facility required per child.
B.
The child care facility standards shall equal those that are required for State licensing for the provision of child care as follows:
110 square feet of land per child; 35 square feet of building per child (excluding bathroom, kitchen, crib space and storage space).
(Ord. 1148 C.S. § l, 1990; Ord. 1156 C.S. § 2, 1990)
§ 22.49.070 Formula for fee in lieu of facility.
Should the provision of a facility prove to be infeasible due to the size of the project or other special circumstance as determined by the Planning Commission and/or City Council, the applicant shall, in lieu of providing the facility, pay a fee equal to the value of land and construction costs as prescribed in Section 22.49.060 and in an amount determined in accordance with the provisions of Section 22.49.080. Projects which do not require City Council or Planning Commission action shall pay fees. The fee is to be used for a local facility which will serve the project residents and/or employees.
(Ord. 1148 C.S. § 1, 1990)
§ 22.49.080 Amount of fee in lieu of facilities.
When a fee is required to be paid in lieu of facilities, the amount of the fee shall be based on the estimated fair market value of land for residential development or non-residential development as appropriate for the type of project for which an application has been submitted and the estimated cost of construction, (including site development, landscaping and indoor and outdoor equipment) and the number of children generated by the development in need of child care. This fee shall be set annually by Council resolution.
(Ord. 1148 C.S. § 1, 1990; Ord. 1156, C.S. § 3, 1990)
§ 22.49.090 Integration with other facilities.
To the extent possible, child care facilities shall be integrated with other facilities. Cooperative efforts with public and private schools shall be encouraged as the preferred method to provide off-site child care. Coordinated use of recreational or common areas within projects, with churches, parks or community facilities is to be fostered as a secondary method to provide child care facilities.
(Ord. 1148 C.S. § 1, 1990)
§ 22.49.100 Deed notification and restrictive covenants.
The developer shall provide in the deed or Covenants, Conditions and Restrictions to all purchasers or lessees of units or buildings in the project that a child care facility may be located at or on any residential unit or lot or in any common area or facility within the project.
(Ord. 1148 C.S. § 1, 1990)
