Shafter Zoning Code § 11.130 Day Care Facilities

1. Intent

This Section is intended to ensure that day care facilities, as defined in Section 1.190 of this Title, which provide child care in residential districts do not adversely impact the adjacent neighborhood. While family day care facilities are needed by City residents in close proximity to their homes, care must be taken to prevent the potentially adverse traffic conditions, noise, and safety impacts this land use could have on the community. It is further the intent of this Section to allow day care operations in residential surroundings to give children a home environment which is conducive to healthy and safe development.

2. Performance Standards for Small Day Care Facilities

   • a. General Requirements

A small family day care facility shall conform to all property development standards and permit procedures of the zone district in which it is located in addition to the provisions of this Section and any

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requirements governed by California Health and Safety Code Section 1597.46.

b. Outdoor Play Area

An outdoor play area shall be provided which complies with the provisions of the California Health and Safety Code governing child day care homes. Stationary play equipment shall not be located in required front or side yard setbacks.

c.

Fences and Walls

When located within or adjacent to a non-residential district, a six (6) foot high solid fence or wall shall be constructed on all such property lines, except within the front yard area where the fence or wall shall not exceed forty (40) inches in height. Materials, textures, colors, and design of the fence or wall shall be compatible with on-site development and adjacent properties. All fences or walls shall provide for child safety with controlled points of entry.

d. Landscaping

On-site landscaping shall be maintained in good physical condition.

e. On-Site Parking

On-site parking for home-based day care facilities located within residential zone districts shall require no more than two on-site spaces.

f. Passenger Loading

A passenger loading/unloading plan shall be reviewed and approved by the City Engineer.

g. Lighting

All lighting shall comply with the provisions of Section 12.80 (Light & Glare) of this Title, except that when located within a residential district, lighting shall be directed away from adjacent properties and public right-of-way, except for passenger loading areas.

h. Hours of Operation

For the purposes of noise abatement, day care facilities in residential districts may only operate between the hours of 6:00 A.M. and 7:00 P.M., seven days a week.

i. Outdoor Activity

For the purposes of noise abatement, outdoor activities for day care facilities in residential districts may only be conducted between the hours of 8:00 A.M. to 7:00 P.M.

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• j. State and Other Licensing Requirements

All day care facilities shall be State licensed and shall be operated according to all applicable State and City regulations.

3. Performance Standards for Large Family Day Care Facilities

Applicants for a large family day care facility (7 to 12 children) shall be required to submit an application to the Planning Department for a large family day care facility. This application, which may be obtained at the office of the Planning Department, requires the applicant’s signature to acknowledge that the following conditions shall be adhered to if the permit to operate is to remain valid.

• a. The facility is a single family dwelling and is the principal residence of the provider. This use as a family day care home is clearly incidental and secondary to the use of the property for residential purposes.

• b. No structural changes or signage is proposed which will alter the character of the single family residence.

• c. In addition to the required off-street parking for the residence, a minimum of one (1) off-street parking space per employee is required. The residential driveway is acceptable as such a parking space if said parking space will not conflict with any required child drop-off/pick-up area and does not block the public sidewalk or any portion of the City right-of-way.

• d. The operation of the large day care facility shall comply with noise standards contained in the Noise Element of the General Plan and with Section 10.170 (Noise Hazards) of this Title.

• e. Any residence located on an arterial street must provide a dropoff/pick-up area designed to prevent vehicles from backing onto an arterial roadway. Curb-side drop-off/pick-up is acceptable if a curbside parking lane exists adjacent to the property. If existing curbside parking (drop-off/pick-up) is converted to a travel lane, this permit shall be terminated unless an adequate drop-off/pick-up area can be provided elsewhere to the satisfaction of the City Engineer.

• f. The provider shall comply with all applicable Building Code and Fire Code regulations regarding health and safety requirements. Provider shall, prior to operating the facility, apply for and receive a Change of Occupancy Permit from the Building Official.

• g. The provider has secured a large family day care facility (home) license from the State of California, Department of Social Services.

• h. The facility shall be operated in a manner which will not adversely affect adjoining residences or be detrimental to the character of the residential neighborhood in which it is located.

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• i. In addition to the provisions of this Section (11.130.3.), all provisions of Section 11.130.2. of this Chapter, not in conflict with this Section, shall apply.