A. Purpose. The purpose of this section is to implement the provisions of the California Child Day Care Act set forth in Chapter 3.4, 3.5 and 3.6 of Division 2 of the Health and Safety Code (Section 1596.70 et seq., hereinafter referred to in this section as the act), and to provide reasonable standards, restrictions and requirements specifically relating to child day care facilities in the city of Oroville.

B. Exclusions. The provisions of this section shall not apply to those facilities and arrangements excluded from the provisions of the California Child Day Care Act pursuant to Section 1596.792 of the Health and Safety Code.

C. Small Family Day Care Homes. Pursuant to Section 1597.45 of the Health and Safety Code, a small family day care home that is properly licensed pursuant to the provisions of the act shall be considered a residential use of property and shall be allowed as a matter of right in all areas of the city zoned for residential uses. Small family day care homes shall also be allowed as a matter of right in single family dwellings and multiple family housing units in commercial zones. The operation of a small family day care home without proper state licensing shall constitute a violation of this section, and, in addition to any remedies available to the state under the Health and Safety Code, any individual maintaining such a use shall be guilty of an infraction subject to citation pursuant to the code of the city of Oroville.

D. Large Family Day Care Homes. Pursuant to Section 1597.46 of the Health and Safety Code, a large family day care home shall be permitted as a matter of right in any single family or multiple family residence in any area of the city, only if it satisfies all the requirements for the issuance of a large family day care home permit by the zoning administrator, in accordance with this section.

E. Large Family Day Care Homes--Permit Issuance.

1. Any person seeking a large family day care home permit shall submit an application for such permit to the zoning administrator. The applicant shall provide any reasonably required information that the zoning administrator may request on application forms created by the zoning administrator. The zoning administrator shall act on the application within thirty days of the date it is received and deemed complete by the zoning administrator.

2. The zoning administrator shall grant a large family day care home permit to the applicant only if the following circumstances are present:

a. The proposed use complies with all city restrictions and regulations on yards, building height, setback and lot coverage standards in the zone in which the residence is located. Where a residence legally exists in a C-1 or N-C zone where no standards are specified, the zoning administrator shall have the authority to establish reasonable standards for yards, building height, setbacks, and lot coverage;

b. The proposed use is either situated on a lot zoned for single family dwellings or meets a minimum standard of seventy-five square feet of outdoor activity space for each child who is not an infant. The outdoor area must be owned or leased by the applicant and cannot be shared with other property owners unless written permission is granted by the owner(s) of the adjoining property;

c. The proposed use is located more than five hundred feet from any other large family day care home or child day care center;

i. The proposed use provides improved off-street parking at rate of one space per employee and one space for each six children served other than the resident’s children in the home;

ii. The proposed use has adequate vehicular access to the residence that provides a safe drop-off/pick-up area with minimal disruption to local traffic and circulation; and

iii. The proposed use complies with general plan noise requirements for residential uses and the provisions of this code relating to noise.

3. As conditions of approval of a large family day care home permit, the applicant shall be required to:

a. Comply with the applicable provisions of the latest edition of the Uniform Building Code adopted by the city of Oroville which apply to single family and/or multiple family residences;

b. Comply with any standards promulgated by the State Fire Marshall relating to the subject of fire and life safety in large family day care homes; and

c. Be licensed or deemed to be exempt from licensure by the state of California as a large family day care home. (Ord. No. 1635 § 2.)