The purpose of this chapter is to ensure that large family day care homes provide a healthy and safe traditional home environment while providing uniform standards to preserve and promote the city's rural residential character consistent with California Child Day Care Act, Health and Safety Code Section 1596.70, et. seq.

(Ord. 571 § 1 (part), 1994)

The following large family day care permit requirements apply to all lots and premises in the R-A-E, R-P-D, RA-20, RA-15, RA-10 and "A" agriculture districts (thereinafter referred to as "districts").

(Ord. 571 § 1 (part), 1994)

Certain terms are defined for the purposes of this chapter as follows:

"Child" means a person who is under eighteen years of age who is being provided care and supervision in a child day care facility, except where otherwise specified in this chapter.

"Child day care facility" means a facility which provides nonmedical care to children under eighteen years of age in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four hour basis. A child day care facility includes day care centers and large family day care homes.

"Day care center" means any child day care facility other than a large family day care home, and includes infant centers, preschools and extended day care facilities.

"Large family day care home" means a home which regularly provides care, protection and supervision for a minimum of seven and up to a maximum of twelve children, for a period of less than twenty-four hours per day, while the parents or guardians are away. Children under the age of ten years who reside at the home shall be included in the number of children permitted in the large family day care.

"Provider" means a person who operates a child day care facility.

(Ord. 571 § 1 (part), 1994)

It shall hereafter be unlawful for large family day care homes to operate in the city except in accordance with the provisions of this chapter.

(Ord. 571 § 1 (part), 1994)

The following performance standards shall apply to all large family day care homes:

A.

Structure. A large family day care home shall conform to all property development standards contained in the Municipal Code. Floor space shall not be increased nor any other changes made to preclude the use as a single-family dwelling. The appearance of the home shall not be altered or the conduct of the large family day care use within the home be such that the home may be reasonably recognized as serving a nonresidential use (either by color, materials, construction, lighting, signs, sounds, noise, vibrations, etc.).

B.

Parking/Loading. A passenger loading and unloading plan and a parking plan shall be submitted for review and approval by the planning director to ensure than such parking/loading does not create a detrimental impact on traffic circulation.

C.

Lighting. Lighting for the large family day care homes shall comply with lighting standards set forth in Chapter 17.42 et. seq., of the Rolling Hills Estates Municipal Code.

D.

State and Other Licensing. All large family day care homes shall be state licensed and shall operate in compliance with all applicable state and local regulations.

E.

Fire Marshall. All large family day care homes shall comply and operate in compliance with all state fire marshal regulations and requirements.

F.

Noise. All large family day care homes shall comply with the city's noise ordinance, Chapter 8.32 of the Municipal Code.

G.

Public Address Systems. There shall be no public address systems or loud speakers. Recorded music used for the day care activity shall be indoors and sufficiently modulated to ensure it does not disturb adjacent properties. H. Hours of Operation. All large family day care homes shall submit the proposed hours of operation for review and approval by the planning director to ensure that the hours of operation do not create a detrimental impact on the neighborhood.

I.

Play Equipment. There shall be no play equipment in the front yard. All play equipment shall be in the rear yard or if in the side yard, the play equipment shall be sufficiently screened from public view.

J.

Business License. The large family day care providers shall obtain a business license from the city.

K.

Circulation. The large family day care providers shall make every effort to stagger arrival and departure times and encourage carpooling to further reduce any possible circulation impacts.

L.

Smoking. The applicant shall maintain a smoke free environment during the child day care operation.

(Ord. 571 § 1 (part), 1994)

A.

No large family day care home shall be permitted within one-half mile from the property on which an existing large family day care home is located except as provided below.

B.

If the proposed large family day care home is located within one-half mile from an existing large family day care home, the applicant may apply for an exception from the spacing and concentration requirement pursuant to this chapter. To grant an exception the planning commission must find that the proposed large family day care home will not create a negative impact associated with family day care homes to adjacent properties in terms of noise, parking or vehicular traffic.

(Ord. 571 § 1 (part), 1994)

Application for a large family day care home permit shall be made on forms provided by the city and shall include such plans and documents as may reasonably be required by the planning director for a complete understanding of the proposal (including a fully dimensional site plan, floor plan and a five-hundred-foot notification list) and a filing fee in an amount established by resolution of the city council.

(Ord. 571 § 1 (part), 1994)

At least ten days prior to the date on which the planning director or planning commission or city council will make a decision on the application, the planning department shall give written notice of the proposed use by mail to all owners of property within a five-hundred-foot radius of the exterior boundaries of the subject property, the owner of the subject property and the provider of the permit.

(Ord. 571 § 1 (part), 1994)

No public hearing shall be held before a decision is made by the planning director on the application, unless a hearing before the planning commission is requested by the applicant or any other interested party. There shall be no additional charge if a hearing is requested before a decision is made.

(Ord. 571 § 1 (part), 1994)

The director shall either grant, grant with conditions, or deny the application based on compliance with the performance standards listed in this chapter. The planning director shall set forth such additional conditions as are necessary and proper to preserve the integrity and character of the district, the utility and value of adjacent properties and to protect the health, safety and general welfare of the children and the district. A written determination shall be mailed to the applicant, property owner, residents within a five-hundred-foot notification radius, the planning commission and city council.

(Ord. 571 § 1 (part), 1994)

The decision of the planning director may be appealed to the planning commission within twenty calendar days of the date of the decision. The decision of the planning commission may be appealed to the city council within twenty calendar days of the date of the decision. The appellant shall be required to pay a fee for the cost of the hearing. The amount of the fee shall be established by resolution of the city council.

(Ord. 571 § 1 (part), 1994)

A large family day care permit shall be issued to the provider of the large family day care use only and shall not be transferred to another person. The provider shall not transfer this use from one property to another.

(Ord. 571 § 1 (part), 1994)

The planning commission shall revoke any large family day care permit in accordance with the following procedure.

A.

If the city manager finds that the family day care use does not comply with the conditions of approval, the planning commission shall conduct a revocation hearing. Notice shall be given pursuant to the chapter requirements; said notice shall contain reason(s) for revocation. The large family day care home provider shall terminate all operations immediately upon notification of violation by the planning commission.

B.

The large family day care permit shall be revoked if the planning commission determines any of the following:

1.

That the large family day care home constitutes a nuisance;

2.

That the large family day care permit was obtained by misrepresentation or fraud;

3.

That the large family day care home has ceased operations or its operations have been suspended for twelve or more consecutive months;

4.

That the large family day care home has not commenced operation within twelve months after the date the approval is granted;

5.

That the large family day care home violates or fails to comply with performance standards, conditions or agreements imposed by the final action of the planning director, planning commission, or city council, and/or any other provision(s) of any city, state or federal regulation, ordinance or statute.

C.

The planning commission may, as an alternative to revocation of the large family day care permit, modify the existing conditions of the large family day care permit or add new conditions if the ground which would otherwise justify the revocation of the large family day care permit can be corrected or cured by the modification of existing conditions or the addition of new conditions.

D.

Any party aggrieved by the decision of the planning commission may appeal the decision to the city council, which may affirm, reverse or modify such decision. If no appeal is filed in the fifteen days from the date of the planning commission decision, that decision shall be deemed final.

(Ord. 571 § 1 (part), 1994)

If any portion of this chapter is found to be in conflict with any other provision of any zoning, building, fire safety or health ordinance of this code, the provision which establishes the higher standard shall prevail.

(Ord. 571 § 1 (part), 1994)