This chapter does not apply to any of the uses identified in Health and Safety Code Sections 1596.792 or 1596.73, as may be amended.

(Ord. 800, § 2, 6-6-2011)

The following applies to all family daycare homes in the city:

A.

The use of a single-family dwelling for purposes of a family daycare home is not a change of occupancy for purposes of the state housing law or local building codes.

B.

Family daycare homes shall be considered a single-family residential use for the purposes of the State Uniform Building Standards Code and local building and fire codes, except with respect to any additional standards specifically designed to promote the fire and life safety of the children in these homes adopted by the state fire marshal pursuant to state law. The city shall not adopt or enforce any building ordinance or local rule or regulation relating to the subject of fire and life safety in family daycare homes which is inconsistent with those standards adopted by the state fire marshal.

(Ord. 800, § 2, 6-6-2011)

Small family daycare homes are permitted uses in permitted single-family residences in all zoning districts except open space (OS). Small family daycare homes are not subject to any business license, fee, or tax that may be imposed for the privilege of operating a small family daycare home. (Health and Safety Code Section 1597.45, as may be amended)

(Ord. 800, § 2, 6-6-2011)

A.

Large family daycare homes are permitted uses within permitted single-family residences in all zoning districts, except for open space (OS) provided all of the following criteria are met at all times during the use:

1.

There is only one large family daycare home on each parcel.

2.

Two off-street parking spaces are provided for the single-family residence (unless entitlements creating the subdivision require additional off-street parking spaces) and one-half parking space for each employee who does not reside in the home per largest shift is provided on-site. In the case of a fractional number of required parking spaces, the number shall be rounded up to the next whole number. Required parking spaces shall be designed and constructed in accordance with SMC Section 17.42.040.

3.

A drop-off and pick-up loading area for children is provided on-site.

4.

A fire extinguisher and smoke detector device and any other regulations adopted by the state fire marshal for large family daycare homes are provided.

5.

Noise levels generated by the large family daycare home are restricted to the exterior noise limits as prescribed in Figure 17 of Sonora General Plan 2020.

6.

Within any residential zoning district, the proposed large family daycare home shall be located at least three hundred feet from any other special needs housing facility housing more than six individuals and from any other large family daycare home already permitted in the neighborhood as measured from any point upon the outside walls of the structures housing the facilities. (Health and Safety Code Section 1597.46, as may be amended)

B.

Prior to occupancy, the operator/owner of a large family daycare home shall submit a consistency review application to the community development department on a form as prescribed by the community development director and subject to applicable fees. The consistency review application form for large family daycare home shall include a statement of the applicant's right to request written fee verification. The consistency review shall be processed as follows:

1.

A large family daycare home shall be exempt from CEQA (Health and Safety Code 1597.46 as may be amended).

2.

The community development director shall review the application. The permit may be granted if all of the following findings are made:

a.

The large family daycare home is consistent with the provisions of the Sonora Municipal Code and state law governing family daycare homes; and

b.

The large family daycare home complies with any regulations adopted by the state fire marshal and any applicable building ordinance or local rule or regulation that also applies to single- family residences in the same zoning district in which day care is not provided.

3.

Not less than ten days prior to the date on which the decision will be made on the application, the community development director shall give notice of the proposed use by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within a one hundred-foot radius of the exterior boundaries of the proposed large family day care home. A hearing on the application for a permit issued pursuant to this subsection shall not be held before a decision is made unless a hearing is requested by the applicant or other affected person. The applicant or other affected person may appeal the decision. The appellant shall pay the cost, if any, of the appeal.

(Ord. 800, § 2, 6-6-2011)

A.

Daycare centers are a permitted use in the C (commercial), GC (general commercial), SC (shopping center commercial), VC (visitor-serving commercial), NC (neighborhood commercial), SP (special planning), BP (business park) and M-1 (light industrial) zoning districts except that the use remains subject to the provisions of Chapter 17.32 (design review/historic zone) and 17.52 (site plans), where applicable.

B.

Daycare centers are a conditional use in the HC (historic central district commercial) zoning district. Daycare centers also are subject to the provisions of Chapter 17.32 (design review/historic zone) and 17.52 (site plans), where applicable.

(Ord. 800, § 2, 6-6-2011)