Burbank Municipal Code Div. 13 Large Family Day Care Home

No person shall operate a large family day care home in any single family residential zone without first obtaining an Administrative Use Permit in compliance with the standards as set forth herein.

Upon the effective date of this division, those persons who are operating large family day care homes within the City of Burbank pursuant to a previously issued Conditional Use Permit shall be allowed to continue operation until such time as that Conditional Use Permit is revoked, or expires pursuant to its own terms.

Those persons who are currently operating large family day care homes within the City of Burbank and who have not been granted a Conditional Use Permit pursuant to those provisions of the Burbank Municipal Code in effect prior to the effective date of this division shall have 90 days from the effective date of this division to submit a completed application for an Administrative Use Permit to operate a large family day care home. [Added by Ord. No. 3139; Formerly numbered Section 31-75.30; Renumbered by Ord. No. 3058, eff. 2/21/87.]

The Director shall grant an application for an Administrative Use Permit to operate a large family day care home (the “home”) if they find that all of the following standards have been met; and they shall require that such standards be met at all times and maintained throughout the use of the permit by the proposed provider (hereafter “applicant”):

1. The applicant lives in the home, and the home is applicant’s legal principal residence. The applicant shall provide adequate written evidence of its residency.

2. The use of the home as a large family day care home is clearly incidental and secondary to the primary residential use of the property.

3. The property or home has not been altered or structurally changed in a way which is adverse to the character or appearance of the residential zone.

4. One (1) off-street parking space is provided for each non-resident employee. Such parking space shall be in addition to the minimum parking requirements applicable to the property consistent with the provisions of this chapter, including, but not limited to, provisions applicable to legal, non-conforming residential buildings. The residential driveway is acceptable so long as the parking space does not conflict with any required child drop-off/pickup area and does not block the public sidewalk or right-of-way.

5. The garage is not used for any purpose relating to the care giving of the children unless it has been converted in accordance with the provisions of this chapter. Replacement parking (if needed) is sufficient to comply with the requirements of this chapter, including the provisions of this section.

6. Procedures for the loading and unloading of children from vehicles have been submitted by applicant and are sufficient. If there is not sufficient on-street parking to allow for the safe loading and unloading of children from vehicles, the driveway shall be used for this purpose. The public sidewalk and/or right-of-way shall not be blocked while completing the loading and unloading process. Double parking in the street is prohibited. The applicant shall be responsible for the safe loading and unloading of children and shall distribute a notice of loading and unloading procedures to all persons that utilize services of the large family day care home. Day care provider is responsible for adherence to these rules.

7. If the residence is located on a major arterial street, there is a drop-off/pickup area designed to prevent vehicles from backing onto the major arterial roadway.

8. No signs or other indicia will identify the residence as a large family day care home are visible from the right-of-way.

9. There shall be a minimum distance of 500 feet between the parcel on which the large family day care home is located and the nearest parcel containing a licensed large family day care home.

10. No more than one (1) large family day care home shall be permitted within a 500 radius of any child day care facility or elementary school.

11. The applicant is in compliance with all applicable regulations of the Fire Department and the Building Official regarding health and safety requirements.

12. The applicant has applied for a large family day care home license from the State of California, Department of Social Services.

13. The applicant shall not allow smoking within the residence when any of the children being cared for are present in the residence. [Added by Ord. No. 3139; Formerly numbered Section 31-75.31; Renumbered by Ord. No. 3058; Amended by Ord. No. 3457, eff. 3/1/97.]

An application for an Administrative Use Permit to operate a large family day care home shall be made on a form to be provided by the Director. The applicant shall pay a fee as set forth in the Burbank Fee Resolution. [Added by Ord. No. 3139; Formerly numbered Section 31-75.32; Renumbered by Ord. No. 3058; Amended by Ord. No. 3457, eff. 3/1/97.]

In addition to termination/revocation process set forth in Section 10-1-1960 of this chapter, the Director may, after 20 days notice by mail to the permit holder, revoke an Administrative Use Permit on any one or more of the following grounds:

A. The property subject to the Administrative Use Permit has been utilized contrary to the findings and requirements set forth in Section 10-1-684;

B. The State has revoked, terminated or otherwise rejected the issuance of a large family day care home license;

C. The large family day care home is operated in a manner which adversely affects adjoining residences or is detrimental to the character of the residential neighborhood, as evident by a minimum of three (3) complaints, which shall relate to requirements imposed through the Burbank Municipal Code or the Conditions of Approval and be provided in writing on a form provided by the City, within a rolling six (6) month period by unrelated individuals; or

D. The large family day care home is operated in violation of the noise standards as contained within the noise element of the General Plan and the noise regulations of the Code.

The Director shall render a notice of its decision to revoke or to not revoke the AUP. The decision of the Director to revoke or to not revoke an Administrative Use Permit can be set for a public hearing and appealed pursuant to the procedures contained in Section 10-1-1959, except that any complainant has standing to request a hearing or an appeal for purposes of this section. [Added by Ord. No. 3457, eff. 3/1/97.]

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For example, if the measured front yard setbacks on a block are 45 feet, 60 feet, 75 feet, and 90 feet, all are counted. If there was one additional setback of 150 feet, it would not be counted because the average is 67.5 feet and 150 feet is more than 150 percent of the average.