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A. Intent. The provisions identified in this section are intended to enable child and adult day care opportunities throughout the city, to ensure that day care facilities will be compatible with residential uses, and to comply with applicable sections of the Health and Safety Code of the state.

B. Permits Required.

1. Adult day care facilities serving six or fewer clients on site at one time and small family day care homes for eight or fewer children are considered residential uses for the purposes of zoning regulations. They may be established in all zones where dwellings are allowed. No discretionary permit is required.

2. Adult day care facilities serving seven to twelve clients on site at one time and large family day care homes for children may be established in any zone where dwellings are allowed, subject to performance standards listed below. These facilities require written approval by the director as a director’s action. In accordance with applicable sections of the California Health and Safety Code, the director shall approve the use when he or she determines that the proposed facility:

a. Complies with all applicable provisions of the fire code regarding health and safety;

b. Complies with property development standards contained in Chapter 17.16 (Low Density Residential (R-1) Zone) and with city sign regulations;

c. Has been issued a day care license from the State Department of Social Services; and

d. Will satisfy performance standards of this section relating to noise, traffic, and parking.

3. Day care facilities serving more than twelve adults or more than fourteen children require discretionary review consistent with Table 2-1: Uses Allowed by Zone.

4. Day Care as an Accessory Use. When day care facilities are accessory to another use requiring a permit, only one permit application need be filed and acted on. As accessory uses to schools and churches, and where an employer provides on-site child care to fourteen or fewer children for the exclusive use of employees, day care is allowed by right, providing the primary use meets city parking standards.

C. Performance Standards for Day Care Facilities Serving More Than Six Adults or More Than Eight Children.

1. Noise. The day care facility shall be subject to all applicable provisions of Chapter 9.12 (Noise Regulations). Where the day care facility is adjacent to housing in a residential zone, outdoor play and activities shall be prohibited prior to nine a.m.

2. Traffic. Designated delivery and pick-up areas shall not pose any traffic or safety hazards. Operators of day care facilities shall provide carpool-matching services to all clients.

D. Exceptions. Nothing in this section shall prohibit applicants from requesting a director’s action or variance from the strict interpretation of the zoning regulations to the extent allowed by said regulations. (Ord. 1705 §§ 46, 47, 2021; Ord. 1657 § 18, 2019; Ord. 1650 § 3 (Exh. B), 2018)