Walnut Creek - Planning - Large Family Day Care Home Permit Process


	Large Family Day Care Home Permit

	A large family day care home is a residence which provides family day care for seven to 14 children, including the children who reside at the home, as defined in regulations provided by the State of California. The City requires operators of large family day care homes to obtain a Large Family Day Care Home (LFDCH) permit for several reasons. Surrounding neighbors should be notified and allowed the opportunity to comment on the permit application. The City must also consider the possible impacts of the proposed facility, particularly with regard to spacing or concentration of facilities, traffic, parking, and noise control. While the City understands the need for child care and supports the provisions of this service, the City also recognizes that a large family day care home is a business being operated in a residential district, and that the impacts of such a business should be minimized. The City has established Good Neighbor Guidelines for Child Care Providers and Parents to help minimize the impacts of large family day care homes on surrounding neighborhoods. You should review these Guidelines before submitting your permit application.
WHO MUST OBTAIN A PERMIT?
Anyone providing day care for more than six children, including children residing at the home, must secure a permit from the City before commencing operation. A maximum of 14 children, including children residing at the home, can be cared for in such a facility. It is important to note that even if a license is issued by the Community Care Licensing Division, it is still necessary to obtain a LFDCH permit in this City prior to operation.
HOW DO I GET A LARGE FAMILY DAY CARE HOME USE PERMIT?
1. Project Consideration
Carefully review the General Plan and Zoning Ordinance requirements for the project site. Your proposal must be consistent with both documents. Community Development Department (CDD) staff should be consulted about the project and the conditions that may be imposed if the request is approved.
2. Filing the Application
You should submit your completed application to the Community Development Department. After the project application is submitted, the Planning Manager assigns the project to a staff planner who will review the materials to make sure all of the required information is provided. Within 30 calendar days after the application is submitted, the staff planner assigned to the project will provide you with a Notice of Application Status indicating whether your application is complete for processing or whether additional information is required. You will also be required to make an initial deposit at the time of submittal for processing the application. The final charge will be based upon the actual cost of staff time required to process the application to final action. When complete, your application will be scheduled for a meeting before the Zoning Administrator that is open to the public. You may not operate with more than six children until your application has been approved by the Zoning Administrator.
3. Zoning Administrator Evaluation
The Zoning Administrator or other staff will study your application and research similar proposals in the area as well as make an investigation of the site. At least 10 days prior to the date on which the Zoning Administrator will make a decision on the application for a LFDCH permit, notice of the proposed use shall be given to property owners within 300 feet of the subject property. No hearing shall be held before a decision is made on the application, unless a hearing is requested by you or any affected person who owns property, lives, or works within a 300-foot radius of the proposed large family day care home.
4. Zoning Administrator Decision
The Zoning Administrator will make a decision on your permit application within 30 days of the date it is deemed complete. If a public hearing is requested, the decision on the application can be postponed for up to 60 days from the date the application is deemed complete. The Zoning Administrator shall grant you a LFDCH permit if the proposed use meets the following standard requirements, set forth in Section 10-2.3.605 of Walnut Creek's Zoning Ordinance.
The proposed use must comply with all City restrictions and regulations on yards, building height, setback and lot coverage standards in the zone in which the residence is located. In P-D, H-P-D, and commercial zones where no standards are specified, the Zoning Administrator shall have the authority to establish reasonable standards for yards, building height setbacks, and lot coverage. The proposed use must be situated on a lot zoned for single family dwellings or meet a minimum standard of 75 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 permission is granted by the joint owners. This space requirement can be waived if the applicant can demonstrate that there is a public park, school or other public open area which is in close proximity to the large family day care home. The proposed use must be compatible with the surrounding neighborhood. The proposed use must be located more than 500 feet from any other large family day care home or child day care center. Exceptions which decrease or eliminate this distance requirement may be approved by the Zoning Administrator. The proposed use cannot materially reduce the privacy otherwise enjoyed by residents of adjoining property. The proposed use must provide parking as required in Part III, Article 2 of the Zoning Ordinance. The proposed use must provide adequate access to the facility with minimal disruption to local traffic and circulation. The proposed use must seek, by design and layout of the site, to avoid noise which may be a nuisance to neighbors. Through conditions of approval, you are required to: comply with the applicable provisions of the latest edition of the Uniform Building Code adopted by the City of Walnut Creek which apply to single family and/or multiple family residences; comply with any State Fire Marshall and Contra Costa County Consolidated Fire District standards relating to the subject of fire and life safety in large family day care homes; and be licensed or deemed to be exempt from licensure by the State of California as a large family day care home.
5. Other City Permits
A building permit will be required if any new construction or alterations to existing structures are made. Before commencing operation of a large family day care home, a City business license is required. For further information about a business license, contact the Finance Division at (925) 943-5821. A State license is also required to operate a large family day care home. A copy of your license must be presented to the Planning staff prior to commencing operation. Contact the State Office of Community Care Licensing at (510) 286-7062 for further information.
WHO HAS THE FINAL SAY?
The Zoning Administrator's decision is final, unless an appeal is filed by any interested person. The appeal must be made within 10 days after notice of the Zoning Administrator's decision is mailed to you. A public hearing will be held before the Planning Commission, and a decision will be made either affirming, modifying or reversing the decision of the Zoning Administrator. The Planning Commission's decision may be appealed to the City Council.
HOW LONG WILL THE PROCESS TAKE?
The estimated time for processing a LFDCH permit application will vary depending upon the complexity and magnitude of the project and staff workload. You will be notified within 30 days as to whether the project application is complete, or whether the application requires additional information. Once the application is accepted as complete, it will take a maximum of 30 days for the Zoning Administrator to reach a decision. If a public hearing is requested, the Zoning Administrator will reach a decision within 60 days.
Complete an application form and Statement of Understanding acknowledging the City's billing structure. Provide a deposit in accordance with the City's fees & deposits schedule. Make checks payable to the City of Walnut Creek. Prepare a business plan describing the large family day care home including:
number of children to be cared for, including the ages and number of children residing in the facility number of assistants hours operation description of children's outdoor play areas description of surrounding neighborhood (houses, offices, freeway, etc.) number of on-site parking spaces areas designated for vehicle drop-off and pick-up state license number (if already licensed) provide any other information which will assist staff with processing this application
Submit five site plans describing the existing or proposed facility at the time of the application and any improvements that would be made as part of opening the facility. Any person may prepare these plans, but the plans must be legible. It is recommended that the operator inspect other files in the Planning Division to see what a site plan should look like. Site plans must be drawn to scale and should show the following information:
the center ("middle") of the street the property lines all existing buildings, paved areas and landscaping all existing trees and landscaping all fences existing and proposed employee parking the scale of the drawing a floor plan of the interior of the house designating the portions of the home to be used for day care a map of the surrounding area showing the location of the home and of adjacent homes entrance to the home the proposed play area
TIPS FOR SUCCESS
Research the site history. Information regarding past applications on any property which may provide valuable information is available either through the Planning Division or Building Division.
B. Comply with all Zoning Requirements
Review the Zoning Ordinance provisions that pertain to the site. Do not rely solely on oral information given at the counter. Ask for copies of the code provisions and clarification for those items you do not understand.
C. Review the General Plan
Obtain copies of General Plan provisions that pertain to the site. Examine the Floor Area Ratio Map, the Height Map, the Setback Map, and the Land Use Descriptions.
D. Review the City's "Good Neighbor Guidelines"
Carefully review Walnut Creek's Good Neighbo Guidelines to reduce the impacts of your large family day care home on surrounding neighborhoods. Give thoughtful consideration to the life of the project, the proposed use and its contributions to the community. Remember, a proposed development does not stop at the property lines.
E. Maintain Public Contact
Obtain a copy of the mailing list for your project and prepare your own correspondence. You may wish to meet with neighboring property owners to discuss your proposal prior to filing the application.
F. Follow up with Outside Agencies
Initiate direct contact with key people from outside agencies where your project is referred. Many times you can answer questions or provide additional information that will reduce the time it takes to review your project.