The purposes of the child care development regulations are to:
A.
Recognize
that affordable, quality, licensed child care is critical to both
the well-being of children and parents as well as the economic vitality
of the city;
B.
Provide
a comprehensive set of guidelines to ensure a safe child care environment
and to maintain compatibility between child care facilities and surrounding
land uses;
C.
Ensure
that the needs of children for adequate care are balanced with the
rights of property owners;
D.
Facilitate
the establishment of child care facilities as a permitted use within
certain zones;
E.
Enhance
provider awareness of city requirements;
F.
Authorize
child day care centers in P-M and C-M zones as conditionally permitted
uses and subject to specified standards; and
G.
Implement
state law with regard to the provision of child care facilities. As
stated in Health and Safety Code, Section 1597.40: "Family Day Care
Homes must be situated in normal residential surroundings so as to
give children the home environment which is conducive to healthy and
safe development. It is the public policy of this state to provide
children in a Family Day Care Home the same home environment as provided
in a traditional home setting." It is the policy of the state that
small and large family day care homes do not constitute a change of
occupancy of residentially zoned and occupied properties for purposes
of local ordinances as well as local building and fire codes. Traffic
and noise generated by child day care homes are considered to be of
normal residential levels which may be reasonably restricted but not
used as a basis for permit denial. Conditions, covenants and restrictions
(CC&Rs) restricting or prohibiting child care homes in residential
neighborhoods were voided by Health and Safety Code Section 1597.40(c).
Judgments on the quality of child care are the responsibility of parents,
the provider, and the licensing agency.
(Ord. NS-409 § 21, 1997)
For the purposes of this chapter, the terms used herein relating
to the provision of child care services are defined as follows:
means substances which have the greatest potential to pose
a hazard to public health and the environment in the event of accidental
release. These substances are identified in California Health and
Safety Code Chapter 6.95.
means the amount of specific acutely hazardous materials
which, if accidentally released into the environment, are likely to
cause acute health effects resulting in significant injury to or death
of humans.
means a person or persons, under eighteen years of age being
provided care and supervision in a child care facility.
means a facility other than a family day care home which
provides nonmedical care, protection, and supervision for children
under eighteen years of age for periods of less than twenty-four hours
per day. Child day care centers include preschools, nursery schools,
employer-sponsored child day care facilities, and before- and after-school
recreational programs, but do not include public or private elementary
schools.
means any child day care center at the employer's site of
business and operated directly or through a provider contract by any
person or entity having one or more employees, and available exclusively
for the care of that employer, and of the officers, managers, and
employees of the employer.
means a single-family dwelling which regularly provides nonmedical
care, protection, and supervision of fourteen or fewer children, in
the provider's own home, for periods of less than twenty-four hours
per day, while the parents or guardians are away. The actual number
of children permitted in a family day care home is based on age composition
as determined by the permitting agency. Family day care homes include
either of the following:
"Large family day care home,"
means a detached, single-family dwelling which provides family
day care for seven to fourteen children, inclusive, including children
under the age of ten years who reside at the home as defined in Section
1596.78 of the California Health and Safety Code and as permitted
by the licensing agency;
"Small family day care home,"
means a detached, single-family dwelling which provides family
day care for eight or fewer children, including children under the
age of ten years who reside at the home as defined in Section 1596.78
of the California Health and Safety Code and as permitted by the licensing
agency.
means a person or entity who operates a child day care center
or a large family day care home and is licensed by the county to provide
child care services.
(Ord. NS-409 § 21, 1997)
The requirements of this chapter do not apply to the following:
A.
Any
child day care home providing care for the children of only one family
in addition to the provider's own children;
B.
Any
cooperative arrangement between parents for the care of their children
by one or more of the parents where no payment for the care is involved;
C.
Any
arrangement for the receiving and care of children by a relative;
D.
Any
public recreation programs conducted by a public entity specified
in and meeting the requirements of Health and Safety Code Section
1596.792(g); or recreation programs conducted for children by a Boys'
Club, a Girls' Club, the Brownies, the Cub/Boy/Girl Scouts, the Campfire
Girls or similar such organizations as determined by state regulations
issued pursuant to Health and Safety Code Section 1596.793; and
E.
Any
public or private schools operating before- and after-school recreational
programs or child day care centers.
(Ord. NS-409 § 21, 1997; Ord. NS-675 § 68, 2003)
The following use chart indicates the zones where small and
large family day care homes and child day care centers are permitted,
subject to the requirements of this chapter.
|
"P"
|
indicates that the use is permitted in the zone.
|
|
"LDCP"
|
indicates that the use is permitted subject to approval of a large family day care permit, processed in accordance with Section 21.83.050 of this chapter.
|
|
"MCUP"
|
indicates that the use is permitted subject to approval of a minor conditional use permit (process one) processed in accordance with Chapter 21.42 of this title.
|
|
"CUP"
|
indicates that the use is permitted subject to approval of a conditional use permit (process two) processed in accordance with Chapter 21.42 of this title.
|
|
"X".
|
indicates that the use is prohibited in the zone.
|
|
Zoning
|
Small Family Day Care Home (8 or fewer children)
|
Large Family Day Care Home (14 or fewer children)
|
Child Day Care Center
|
|---|---|---|---|
|
R-A, R-E, E-A
|
P
|
LDCP (1)
|
X
|
|
R-1
|
P
|
LDCP (1)
|
X
|
|
R-2
|
P
|
LDCP (1)
|
X
|
|
R-3, RD-M, R-P
|
P
|
LDCP (1)
|
MCUP(2)(3)
|
|
R-T, R-W, RMHP
|
P
|
LDCP (1)
|
X
|
|
O
|
X
|
X
|
MCUP(2)(3)
|
|
H-O
|
X
|
X
|
P(2)
|
|
C-F
|
X
|
X
|
MCUP(2)(3)
|
|
C-1, C-2, C-L
|
X
|
X
|
P(2)
|
|
P-M, C-M
|
X
|
X
|
CUP(5)
|
|
M, P-U, O-S, L-C, T-C, C-T
|
X
|
X
|
X
|
|
V-B, P-C
|
(4)
|
LDCP (1)(4)
|
(2)(3)(4)
|
|
Notes:
| |
|---|---|
|
(1)
|
Permitted only when the large family day care home is located on a lot occupied by a detached, single-family dwelling, subject to the provisions of Section 21.83.050 of this chapter.
|
|
(2)
|
Permitted subject to the provisions of Section 21.83.080 of this chapter.
|
|
(3)
|
Child day care centers are allowed as a permitted use (no conditional use permit or minor conditional use permit required) within existing buildings on developed church or school sites, subject to the provisions of Section 21.83.080 of this chapter.
|
|
(4)
|
Permitted subject to the standards of the controlling document
(Village and Barrio master plan or designated master plan).
|
|
(5)
| |
(Ord. NS-409 § 21, 1997; Ord. NS-765 § 4, 2005; Ord. CS-102 § CX, 2010; Ord. CS-178 § CXXII, 2012; Ord. CS-334 § 12, 2018)
A.
The
applicant shall obtain all licenses and permits required by state
law for operation of the facility and shall keep all state licenses
or permits valid and current.
B.
Large
Family Day Care Permit. No large family day care home shall operate
without first obtaining a large family day care permit issued by the
city.
1.
Application
and Fee.
a.
An application for a large family day care permit may be made by
the owner of the property affected or the authorized agent of the
owner. The application shall:
i.
Be made in writing on a form provided by the City Planner;
ii.
State fully the circumstances and conditions relied upon as grounds
for the application; and
iii.
Be accompanied by adequate plans, a legal description of the
property involved and all other materials as specified by the City
Planner.
iv.
Applicants who reside on rented or leased property shall provide
proof of written notice to the landlord or owner of the property that
they intend to operate a family day care home on the rented or leased
premises in accordance with Section 1597.40 of the California Health
and Safety Code.
b.
At the time of filing the application, the applicant shall pay the
application fee contained in the most recent fee schedule adopted
by the City Council.
2.
Decision-Making
Authority. The City Planner shall approve the large family day care
permit if the City Planner finds that the request complies with the
requirements of this section.
3.
Announcement of Decision and Findings of Fact. When a decision on a large family day care permit is made pursuant to this chapter, the decision-making body shall announce its decision in writing in accordance with the provisions of Section 21.54.120 of this title.
4.
Effective Date and Appeals. The decision of the City Planner made pursuant to this section shall become effective or may be appealed in accordance with Section 21.54.140 of this title.
C.
Development
Standards.
1.
The facility shall comply with all zoning standards otherwise applicable to other single-family residences, however, the use of a detached, single-family dwelling for the purposes of this section shall not constitute a change of occupancy for purposes of Title 18 of this code.
2.
The
facility shall comply with all standards relating to fire and life
safety applicable to single-family residences established by the state
Fire Marshal contained in Title 24 of the California Code of Regulations
as amended from time to time.
3.
The
subject site shall not be located closer than one thousand two hundred
lineal feet from any other large family day care home on the same
street.
4.
An
outdoor play area which satisfies the requirements of the state, community
care licensing division shall be provided in the rear yard and shall
be enclosed by a natural barrier, wall, solid fence, or other solid
structure a minimum of five feet in height. The provider shall ensure
that outdoor play times do not begin until after nine a.m. and end
before five p.m. The provider shall stagger the number of children
playing outdoors at any one time to reduce noise impacts on surrounding
residences.
5.
All
outdoor play areas shall be adequately separated from vehicular circulation
and parking areas by a strong fence such as chain link, wood or masonry.
6.
Required
garages shall be prohibited for use as a family day care home and
shall be utilized for parking two of the applicant's onsite vehicles
during the daily operation of the day care home rather than parking
the vehicles on the street or in the driveway.
7.
The
applicant shall designate the onsite driveway as the official drop-off
and pick-up area for children and shall notify parents of this requirement.
Said driveway shall remain free and clear of parked cars.
8.
The
applicant shall require that employees park in locations which will
not inconvenience nearby residents. To disrupt the neighborhood as
little as possible, best efforts shall be made by the applicant to
require employees to park as close as possible to the family day care
home.
(Ord. NS-409 § 21, 1997; Ord. NS-565 § 2, 2001; Ord. NS-675 § 69, 2003; Ord. CS-178 § CXXII, 2012)
A.
Child day care centers are permitted in the P-M and C-M zones with a conditional use permit (process two) processed in accordance with Chapter 21.42 of this title, and subject to Section 21.83.080 of this chapter and the following provisions:
1.
The
applicant shall conduct an evaluation of the health and safety risks
associated with the proposed child day care center. The evaluation
shall include a survey of all businesses within one thousand feet
of the proposed child day care center to determine the nature and
quantity of hazardous materials in use nearby. If the conditional
use permit is granted, thereafter, the provider shall conduct similar
annual evaluations and disclose results to the Fire Chief and City
Planner. The evaluations must demonstrate to the satisfaction of the
Fire Chief and City Planner that the occurrence of the following within
one thousand feet of the child care center presents no significant
health or safety risks to the occupants:
2.
Prior
to enrollment of the child in the child day care center, the provider
shall, in writing, inform the child's parents that their child(ren)
may be subject to health and safety risks due to the presence, use
and discharge of hazardous materials (including acutely hazardous
materials above the TPQs) in the area. Parents shall also be informed
that the provider may be required to retain custody of their children
for extended time periods during an emergency.
3.
Prior
to occupancy, the provider shall prepare and obtain approval by the
Fire Chief of an emergency operating plan which prescribes procedures
to be followed during the existence of the child day care center which
ensure the following:
4.
The applicant shall enter into an agreement with the city to discontinue operation of the child day care center immediately upon the discovery of the existence of hazardous materials as described in Section 21.83.060A.1.a above when such materials are found by the Fire Chief and City Planner to present a health and safety risk to children attending the child day care center. The applicant shall have ninety days to mitigate, to the satisfaction of the Fire Chief, the impacts created by the use of said hazardous materials. If impacts are not mitigated within ninety days, the conditional use permit for the child day care center shall become null and void. The applicant shall agree to indemnify and hold the city and its officers, employees, and agents free and harmless from any claims, actions, damages, costs, or expenses arising from exposure of children to hazardous substances as a result of the presence of the former in or near the child day care center. The Fire Chief or City Planner are authorized to enter into the agreement on behalf of the city.
5.
The
applicant shall submit a conversion plan at the time of application
which demonstrates to the satisfaction of the City Planner and the
Fire Chief that the child day care center could be converted to a
use permitted within the zone if the conditional use as a child day
care center is discontinued.
(Ord. NS-409 § 21, 1997; Ord. NS-565 § 3, 2001; Ord. CS-164 § 10, 2011; Ord. CS-178 § CXXII, 2012)
All child day care centers shall comply with the following development
standards:
A.
The
applicant has or will obtain all licenses and permits required by
state law for operation of the facility. The applicant shall keep
all state licenses or permits valid and current.
B.
The
center shall meet all zoning standards otherwise applicable to the
project site.
C.
Indoor
and outdoor play areas which satisfy the requirements of the County
of San Diego day care licensing agency shall be provided. The outdoor
play area shall be adjacent to the center and accessible through the
center itself. The outdoor play area shall be enclosed by a natural
barrier, wall, or fence a minimum of five feet in height. If located
adjacent to residentially-zoned property, the separating barrier,
wall, or fence shall be of solid construction. Said outdoor play area
shall not be allowed in any required front, side or rear yard setbacks
and shall be located and designed so as to reduce noise impacts on
adjacent properties.
D.
The
outdoor play space shall be viewable directly from the interior of
the structure by having windows at strategic points so that the yard
area can be seen from the inside of the child care center.
E.
Each
child day care center shall have a direct source of natural light
which shall be located so as to maximize the ability for children
to see out of windows.
F.
The
following parking requirements shall apply:
1.
Parking shall be provided consistent with the standards specified in Chapter 21.44, unless otherwise specified in this section.
2.
Parking
shall not be located in any required front yard setback.
3.
An
adequate on-site loading/unloading area shall be provided which can
be easily accessed from the child day care center without crossing
any driveways or streets. This area may be counted towards the required
parking.
4.
Clearly
designated pedestrian walkways shall be provided.
G.
Signs shall be permitted in accordance with the underlying zone as provided in Chapter 21.41 of this title.
H.
Any
additional conditions regarding safety and access deemed necessary
or desirable by the City Engineer, or Community and Economic Development
Director.
(Ord. NS-409 § 21, 1997; Ord. NS-675 § 79, 2003; Ord. CS-102 § CXI, 2010; Ord. CS-164 § 14, 2011)
