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:
"Acutely hazardous materials"
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.
"Threshold planning quantities"
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.
"Child or children"
means a person or persons, under eighteen years of age being
provided care and supervision in a child care facility.
"Child day care center"
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.
"Employer-sponsored child day care center"
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.
"Family day care home"
means a dwelling which regularly provides nonmedical care,
protection, and supervision of 14 or fewer children, in the provider's
own home, for periods of less than 24 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:
1.
"Large family day care home," means a dwelling which provides
family day care for seven to 14 children, inclusive, including children
under the age of 10 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;
2.
"Small family day care home," means a dwelling which provides
family day care for eight or fewer children, including children under
the age of 10 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.
"Family day care home"
Means a dwelling which regularly provides nonmedical care,
protection, and supervision of 14 or fewer children, in the provider's
own home, for periods of less than 24 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:
1.
"Large family day care home," means a dwelling which provides
family day care for seven to 14 children, inclusive, including children
under the age of 10 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;
2.
"Small family day care home," means a dwelling which provides
family day care for eight or fewer children, including children under
the age of 10 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.
"Provider"
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; Ord. CS-432, 9/27/2022)
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.
|
"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
|
P
|
X
|
R-1
|
P
|
P
|
X
|
R-2
|
P
|
P
|
X
|
R-3, RD-M, R-P
|
P
|
P
|
MCUP(1)(2)
|
R-T, R-W, RMHP
|
P
|
P
|
X
|
O
|
X
|
X
|
MCUP(1)(2)
|
H-O
|
X
|
X
|
P(1)
|
C-F
|
X
|
X
|
MCUP(1)(2)
|
C-1, C-2, C-L
|
X
|
X
|
P(1)
|
P-M, C-M
|
X
|
X
|
CUP(4)
|
M, P-U, O-S, L-C, T-C, C-T
|
X
|
X
|
X
|
V-B, P-C
|
(3)
|
(3)
|
(1)(2)(3)
|
Notes:
|
---|
(1)
|
Permitted subject to the provisions of Section 21.83.080 of this chapter.
|
(2)
|
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.
|
(3)
|
Permitted subject to the standards of the controlling document
(Village and Barrio master plan or designated master plan).
|
(4)
|
|
(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; Ord. CS-432, 9/27/2022)
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. Development Standards.
1.
The facility shall comply with all zoning standards otherwise applicable to other residences, however, the use of a 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 residences established by the state
fire marshal contained in Title 24 of the
California Code of Regulations
as amended from time to time.
3.
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.
4.
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.
5.
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.
6.
The applicant shall designate the on site 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.
7.
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; Ord. CS-432, 9/27/2022)
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:
a. Use or storage of acutely hazardous materials in amounts above the
threshold planning quantities (TPQs);
b. Use or storage of more than ten thousand gallons of flammable liquids;
or
c. Use or storage of more than one thousand five hundred pounds of flammable
compressed gas.
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:
a. That children can be evacuated from the building within five minutes
and relocated to a predetermined refuge area(s) within ten minutes
of emergency notification; and
b. Quarterly exercise of the plan.
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.
6. Upon acceptance of a complete application and payment of the required fees, the City Planner shall process the application in accordance with Chapter
21.54 of this title except that notices shall be given to all property owners within one thousand feet of the subject property.
(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)