To promote child care uses in locations convenient to homes and employment centers that meet resident and employee needs while complying with State requirements.

(Ord. 1130.327 § 6, eff. 12-1-03)

(Ord. No. 1130-383, § 4(Exh. A), 4-12-21)

Small Family Child Care Home. A facility that provides care, protection, and supervision for eight (8) or fewer children, including children under ten (10) years of age who reside at the home, as set forth in Health and Safety Code Section 1597.44 and as defined in implementing State regulations.

Large Family Child Care Home. A facility that provides care, protection, and supervision for seven (7) to fourteen (14) children, inclusive, including children under ten (10) years of age who reside at the home, as set forth in Health and Safety Code Section 1597.465 and as defined in implementing State regulations.

Child Care Center. A facility that provides non-medical care to children under eighteen (18) years of age on less than a twenty-four (24)-hour basis. Child Care Centers include infant centers, preschools, extended day care facilities and school age Child Care Centers and exclude Family Child Care Homes.

(Ord. No. 1130-383, § 4(Exh. A), 4-12-21)

Child Care Centers are subject to the following regulations:

A.

Residential Zoning Districts. Child Care Centers located in the "RH," "R-1," "R-2," "R-3," "R-4," and "R-5" Zoning Districts shall be permitted subject to first securing a Use Permit. Child Care Centers are allowed by right in conjunction with any public or quasi-public use in residential districts.

B.

Nonresidential Zoning District (except for Mixed-Use Zoning Districts).

1.

Child Care Centers that are operated in conjunction with adjoining businesses shall be considered accessory uses and shall be permitted by right, based on the square footage of the facility and not based on the number of children allowed.

2.

Child Care Centers that are not operated in conjunction with businesses and/or that are not used by such businesses shall be subject to the following:

a.

Child Care Centers of up to sixty (60) children shall be permitted.

b.

Child Care Centers of more than sixty (60) children shall require a Use Permit.

C.

Mixed-Use Zoning Districts. Child Care Centers shall be permitted by right.

D.

Child Care Centers are subject to the following:

1.

The Facility provider shall possess a current and valid license from the State of California, Department of Social Services.

2.

The Child Care Center shall obtain a business license.

3.

Accessory Child Care Centers are not required to exclusively serve the primary use.

4.

The Child Care Center is subject to parking regulations set forth in Article 30.

5.

The Child Care Center operation shall not result in cars blocking neighboring driveways or commercial parking spaces.

6.

Any permanently installed playground apparatus (such as swings and jungle gyms) shall conform to setback requirements for accessory structures in that particular residential zoning district. No play equipment shall be allowed in the front yard.

7.

Commercial signage in residential zoning districts is subject to maximum signage area allowed for multifamily residential properties.

(Ord. 1130.327 § 6, eff. 12-1-03)

(Ord. No. 1130-383, § 4(Exh. A), 4-12-21; Ord. No. 1130-890, § 4(Exh. A), 8-26-24)

Editor's note— Ord. No 1130-383, § 4(Exh. A), adopted Apr. 12, 2021, added a new § 39.2, definitions, and renumbered former §§ 39.2, Child Care Centers, and 39.3, Family Child Care Homes, as §§ 39.3 and 39.4, respectively. The historical notations have been retained with the amended provisions for reference purposes.

Small and Large Family Child Care Homes shall be considered a residential use of property for the purposes of this Article and shall be permitted outright in a legal dwelling unit in any Zoning District. Family Child Care Homes are not subject to the requirements of Home Occupations and shall be subject to the following:

1.

The Facility provider shall possess a current and valid Large Family Child Care Home license from the State of California, Department of Social Services.

2.

The Facility is the residence of the provider and the use is clearly incidental and secondary to the use of the property for residential purposes.

3.

The Large Family Child Care Home operation shall not result in cars blocking neighbors' driveways or the public right-of-way.

4.

Any permanently installed playground apparatus (swings, jungle gym, etc.) shall conform to setback requirements for accessory structures in the underlying residential zoning district.

(Ord. 1130.327 § 6, eff. 12-1-03)

(Ord. No. 1130-358, § 3, 1-23-12; Ord. No. 1130-368, § 5, 1-9-17; Ord. No. 1130-383, § 4(Exh. A), 4-12-21)

Note— See editor's note at § 39.3.

Child care centers and/or independent nonprofit educational facilities open to the public within commercial, industrial, or mixed-use developments of at least fifty thousand (50,000) square feet of building gross floor area shall not be included in the gross floor area of total building area for the purposes of calculating the floor area ratio, and are thus exempt from applicable floor area ratio limitations, provided that the following conditions are met:

1.

In the case of a child care facility, the subject facility shall include at least two thousand (2,000) square feet of indoor area, and at least three thousand (3,000) square feet of outdoor space and shall be of adequate size to accommodate at least forty (40) children;

2.

The maximum floor area ratio exemption associated with the provision of a child care facility and/or an independent nonprofit educational facility open to the public shall not be greater than two percent (2%) floor area ratio relative to the land area of the development;

3.

A deed restriction shall be recorded on the property to ensure the long term use of the portion of the development for child care and/or independent nonprofit educational facility;

4.

Any floor area ratio exemption granted pursuant to this Section may be awarded by the review authority in conjunction with any permit issued pursuant to the Zoning Ordinance based on the following findings:

a.

The child care facility and/or independent nonprofit educational facility will be of benefit to the public;

b.

The development design can accommodate the additional floor area.

(Ord. No. 1130-383, § 4(Exh. A), 4-12-21; Ord. No. 1130-890, § 4(Exh. A), 8-26-24)