§ 26-88-080. Large family day care.

(a)

Performance Standards. Any applicant for large family day care shall provide evidence to the planning director at the time of application for a zoning permit of conformance to the following standards:

(1)

Application. An application for a zoning permit shall be accompanied by all information, plans, fees and descriptions required by the planning department to process the application.

(2)

Fencing. Any front side or rear yard areas intended for day care use shall be surrounded by a barrier to separate the children from neighboring properties. Examples of acceptable barriers include hedgerows, chainlink or wood fences, walls and the like. Fences shall be installed to protect the children from possible hazards (e.g., swimming pools, ravines, vicious animals, etc.) according to state Social Services licensing provisions. The application shall state the type of barrier proposed and the area to be fenced.

(3)

Health and Safety Codes. Proposed day care homes shall comply with applicable building and fire code provision, with the applicable building codes, health codes, fire code standards adopted by the state and administered by the county fire marshal, and with Social Services Department licensing requirements (California Administrative Code, Title 22, Division 2).

(4)

Spacing and Concentration. Properties used for large family day care homes may be located closer than three hundred feet (300′) from one another in all directions unless there is an appeal from a neighbor. In no case shall a residential property be directly abutted by large family day care on two (2) or more sides.

(5)

Noise. Noise emanating from a large family day care home or child care facility site shall not exceed sixty (60) decibels on the A scale measured at the property line. A noise wall or other sound attenuating device may be required to insure that this level of noise is not exceeded.

(6)

Circulation. Residences located on arterial streets (as shown on the general plan circulation map) must provide a drop-off/pick-up area designed to prevent vehicles from backing onto the arterial roadway. An accurate circulation plan, including parking, circulation and drop-off areas, shall be included with the application.

(7)

Parking. All dwellings used for large family day care facilities shall provide at least three (3) automobile parking spaces. These may include spaces already provided to fulfill residential parking requirements and on-street parking so long as it abuts the site.

(8)

Review and Enforcement.

(i)

One (1) Year Review. The zoning permit for large family day care shall be reviewed after one (1) year by the director to identify and achieve mitigation of any adverse conditions related to the day care activities conformance to these Zoning Ordinance regulations. The director may mitigate problems related to noise, traffic, parking and code violations by imposing new conditions, such as limiting hours of operation, requiring installation of solid fencing, subsequent or periodic review, etc. at his/her discretion. The director shall give notice of this review to owners and residents of property within one hundred feet (100′) of the large family day care to allow at least ten (10) days for comment.

(b)

Procedure for Application for Large Family Day Care.

(1)

An application for a zoning permit shall be accompanied by all information, plans, fees and descriptions required by the planning department. Large family day care is exempt from CEQA.

(2)

After the application is submitted, it will be referred to all interested agencies.

(3)

At least ten (10) days prior to the date upon which the zoning permit would be issued, the planning department shall mail notice of the application to all property owners within one hundred feet (100′) of the subject property and shall post a notice on the property for at least ten (10) days indicating the applicant's intent to locate a large family day care on the property. The written notice which is mailed and posted shall state that the county intends to issue a zoning permit on the property unless a written protest is received by the planning department within the ten (10) day period.

(4)

If no written protest and fee is received within the ten (10) day period, the planning department may issue a zoning permit for the day care, subject to the adopted standards.

(5)

If a written protest is filed within ten (10) days of posting or publication, it must be accompanied by a fee in an amount set by resolution of the board of supervisors. The only grounds for a written protest shall be that the proposed family day care does not meet the criteria set forth in this section.

(6)

If a written protest on proper grounds and fee is received within the ten (10) day period, the planning department will schedule a hearing on the proposed large family day care before the board of zoning adjustments. The board of zoning adjustments will determine whether the proposed day care meets the criteria set forth in this section.

(7)

Decisions of the board of zoning adjustments are appealable to the board of supervisors within twelve (12) days from the date of the board of zoning adjustment's action. Appeals shall be accompanied by a fee to be set by resolution of the board of supervisors. The board of supervisors shall hear the matter de novo.

(8)

If the day care application is appealed to the board of zoning adjustments or the board of supervisors, the appropriate board may approve, or deny or conditionally approve the permit based on the criteria set forth in this section.

(9)

Operators of existing large family day care homes shall have twelve (12) months after adoption of the ordinance codified in this chapter in which to apply for a zoning permit, thereby establishing the use as a legal day care facility. A fee shall be required for the zoning permit, but posting and standards shall be waived.

(Ord. No. 4643, 1993.)