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SANTA CLARA COUNTY CODE OF ORDINANCES: Division B24 LARGE FAMILY DAY-CARE HOMES

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Division B24
LARGE FAMILY DAY-CARE HOMES

Sec. B24-1. Definitions.

Large family day-care home means an establishment regularly providing for the care, supervision, and protection of between seven and 12 children (inclusive) in the provider's own home, for periods of less than 24 hours.

(Ord. No. NS-300.559, § 1, 12-6-94)

Sec. B24-2. License required.

Large family day-care homes must obtain a license from the secretary of the Planning Commission, subject to the requirements of Section B24-3.

(Ord. No. NS-300.559, § 1, 12-6-94)

Sec. B24-3. Findings.

The secretary of the Planning Commission or his/her designee may issue a license for a large family day-care when all of the following findings apply:

(a) The facility and its operation will not impair the single-family residential character of the premises or neighborhood. There shall be no external evidence of such a use except a maximum one square foot nonilluminated nameplate located inside a window.

(b) The facility will not likely cause a cumulative significant negative impact on the neighborhood, with respect to concentration and spacing, traffic, parking, and noise control.

(c) The facility must be licensed by the State of California Department of Social Services (CDSS).

(d) The rear yard must be enclosed with a fence which meets the criteria of CDSS for such uses.

(e) A minimum separation of 300 feet between large day-care homes is required.

(f) A minimum of two off-street parking spaces, plus one additional space per employee, must be provided.

(g) The facility operator must be a resident of the home.

(h) The requirements of the State Fire Marshal, as published in Title 24 of the California Administrative Code (for large family day-care homes) shall apply.

The secretary may impose any conditions that are reasonable and necessary to preserve the integrity and character of the neighborhood, and to secure the general purposes of the County Zoning Ordinance.

(Ord. No. NS-300.559, § 1, 12-6-94)

Sec. B24-4. License fee.

The application fee for a large family day-care home license shall be in an amount established by the Board of Supervisors. This fee must be submitted at the time of application, payable at the Planning Office, and is nonrefundable.

(Ord. No. NS-300.559, § 1, 12-6-94; Ord. No. NS-300.791, § 4, 4-22-08)

Sec. B24-5. Term of license.

The term of the County license shall be concurrent with that of the required CDSS license, and ordinarily shall be renewed (automatically) when the CDSS license is reissued. The licensee shall be required to supply the Department of Planning and Development with a copy of the current in-force license within 30 days of issue of a renewed CDSS license.

(Ord. No. NS-300.559, § 1, 12-6-94)

Sec. B24-6. Inspection.

Prior to the issuance of a license, the home will be subject to an on-site inspection by the secretary of the Planning Commission to ensure compliance with all County standards for large family day-care homes.

(Ord. No. NS-300.559, § 1, 12-6-94)

Sec. B24-7. Acceptance of license.

The resident licensee of the large family day-care home shall sign the original copy of the license certifying that the use shall remain in compliance with the terms of the license.

(Ord. No. NS-300.559, § 1, 12-6-94)

Sec. B24-8. Revocation of license.

The secretary of the Planning Commission may revoke a license where it is found that the large family day-care home is not being operated in compliance with the findings of Section B24-3, and/or any specified conditions of approval. The secretary shall notify the licensee in writing of the impending revocation of at least 30 days prior to the effective revocation date.

(Ord. No. NS-300.559, § 1, 12-6-94)

Sec. B24-9. Appeal.

Any person dissatisfied by the decision (or any condition) of the secretary may file an appeal in accordance with Article 48 [Chapter 5.30] of the County Zoning Ordinance. Appeals are filed at the current Planning Office and must be accompanied by a nonrefundable fee as established by the Board of Supervisors.

(Ord. No. NS-300.559, § 1, 12-6-94)

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