HomeMy WebLinkAboutCC ORD 1985-1850 AMENDING TITLE 18 (ZONING) PERTAINING TO FAMILY DAY CARE FACILITIES (A-3-84)ORDINANCE NO. 1850
AN ORDINANCE AMENDING TITLE 18 (ZONING) OF THE
NATIONAL CITY MUNICIPAL CODE PERTAINING
TO FAMILY DAY CARE FACILITIES
(A-3-84)
BE IT ORDAINED by the City Council of the City of National City,
California, that there is hereby added to the National City Municipal Code, a
new Chapter 18.83 which is to read as follows:
CHAPTER 18.83
FAMILY DAY CARE FACILITIES
18.83.010 Intent. To provide facilities for family day care serving a
maximum of twelve children within residential structures located in residential
zones as an incidental use to residences. To ensure that family day care
facilities will not adversely affect surrounding residential uses. To protect the
residential character of the zones in which these facilities are permitted.
18.83.020 Definitions.
a. Family day care. "Family day care" means regularly provided
care, protection and supervision of twelve 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.
b. Large family day care home. "Large Family Day Care" means a
home which provides day care to seven to twelve children,
inclusive, including children who reside at home.
c. Small family day care home. "Small family day care"
means a home which provides day care to six or fewer children,
including children who reside at the home.
18.83.030 Small Family Day Care. Small family day care as defined
in Section 18.04.241.1 is permitted in all residential structures located in
residential zones subject to the following limitations:
1. Care is provided for children on less than a twenty-four hour
full-time basis;
2. Limited to a total of six children including children who live in
the home.
3. A play area which satisfies the requirements of the County of
San Diego Day Care Licensing Agency shall be provided.
4. Subject to all day care home requirements as required by the
City Fire Department.
5. Subject to all codes utilized by the City as they relate to the
Group R Division 3 occupancy (dwelling and lodging houses).
6. Licensed by, or registered with, the State and/or County of San
Diego.
7. Subject to the issuance of a home occupation permit and site
plan review approval from the City.
18.83.040 Large Family Day Care. Large family day care as defined
in Section 18.04.241 is permitted in single family residential structures located
in single family residential zones (RS-1, RS-2, RS-3 and RS-E) subject to the
following limitations:
1. Family day care must be operated as an incidental use to the
residence.
2. A play yard which satisfies the requirements of the County of
San Diego Day Care Licensing Agency shall be provided.
3. Play areas shall be situated in such a manner as to minimize the
impact of noise on surrounding properties. The Planning Director
may require the installation of landscaping and/or block walls,
not exceeding six feet in height, to minimize noise impacts.
4. An area sufficient for dropping off and picking up children shall
be provided to the satisfaction of the Planning Director.
5. Large family day care facilities shall obtain and maintain all
applicable County of San Diego and State of California licenses
and permits. Such licenses and permits shall be kept current.
6. One (1) multi -purpose dry chemical fire extinguisher, type
2A:10BC shall be located in the kitchen area.
7. Large family day care facilities shall comply with all codes
utilized by the City as they relate to the Group R Division 3
occupancy (dwellings and lodging houses).
8. Photoelectric smoke detector(s) shall be provided and located
subject to approval of the Fire Marshal.
9. All exit doors to be maintained in a clear and unobstructed
manner at all times.
10. Use of security bars shall be subject to approval of the Fire
Marshal.
11. Children seven years old and younger shall not be allowed above
the first story without constant adult supervision.
12. Large family day care facilities shall be subject to Site Plan
Review.
Facility.
13. A large family day care facility shall not locate within 700 feet
of another such facility. The required minimum distance between
any two large family day care facilities shall be measured in a
straight line, without regard to intervening structures, from the
closest exterior structural wall of each such facility.
18.83.040 Application Procedure For A Large Family Day Care
A. Application shall be made to the Planning Department. If the
Planning Director finds that an application for a large family day
care facility complies with the provisions of this chapter, he
shall approve the application and issue a permit. If the Planning
Director finds that an application does not comply with this
chapter, he shall deny the issuance of the permit.
B. A nonrefundable fee determined by the City Council shall be paid
to the City Treasurer at the time of filing the application.
18.83.050 Notification. Not less than ten (10) days prior to the date
on which the Planning Director shall make the decision on the issuance of the
permit for a large family day care permit, notification of the proposed permit
shall be given by mail or delivery to all owners shown on the last equalized
assessment roll as owning real property within 100 feet of the exterior
boundaries of the proposed large family day care home.
18.83.060 Appeals.
A. If the issuance of a large family day care facility permit is
denied by the Planning Director, or if a property owner within
100 feet of the proposed family day care facility objects to
issuance of the permit, the applicant or affected property owner
may request, in writing, that the Planning Commission hold a
hearing on the subject aplication and make a decision regarding
issuance of the permit. If the Planning Commission finds that
the permit should be issued, the Commission shall instruct the
Planning Director to issue same. The decision of the Planning
Commission is final.
B. A nonrefundable fee determined by the City Council shall be paid
to the City Treasurer at the time of filing the appeal by the
appellant.
BE IT FURTHER ORDAINED that Section 18.04.240 of the National
City Municipal Code is hereby amended to read as follows:
18.04.240 Family Day Care Home. "Family day care home" means a
dwelling unit where care, protection and supervision is provided for twelve of
fewer children, in the provider's own home, for periods of less than 24 hours per
day, while the parents or guardians are away.
18.04.241 Family Day Care Home, Large. "Family day care home,
large" means a home in which is provided day care for seven to twelve children,
inclusive, including children who reside at the home.
18.04.241.1 Family Day Care Home, Small. "Family day care home,
small" means a home which provides family day care to six or fewer children,
including children who reside at the home.
BE IT FURTHER ORDAINED that Section 18.14.140 of the National
City Municipal Code is hereby deleted in its entirety.
PASSED AND ADOPTED this 26th day of March, 1985.
ATTEST:
Passed and adopted by the Council of the City of National City, California,
on March 26, 1985 by the following vote, to -wit:
Ayes: Councilmen
Nays: Councilmen
Absent: Councilmen
Abstain: Councilmen
Cooper, Dalla VanDeventer, , Waters,. Morgan
None
None
None
AUTHENTICATED BY: KILE MORGAN
Mayor of the City of National City, California
.......... .. 9 A
By:
City Clerk e f the City of National City, California
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted
until seven calendar days had elapsed between the days of its introduction
and the days of its final passage, to wit, on March 5 , 1985
and on
March 26, 1985
I FURTHER CERTIFY THAT said ordinance was read in full prior to its
final passage or that the reading of said ordinance in full was dispensed
with by a vote of not less than a majority of the members elected to the
Council and that there was available for the consideration of each mem-
ber of the Council and the public prior to the day of its passage a written
or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and cor-
rect copy of ORDINANCE NO. .....1a5.0 of the City of National City, passed
and adopted by the Council of said City on March 26.,. 1985
(Seal)
City Cl k of the City of National Cit , California
By:
Deputy