HomeMy WebLinkAbout8.2 Attch 2 Propsed Ch 8.28 (daycare ctrs) DAY CARE CENTERS
Chapter 8.82
CHAPTER 8.82 DAY CARE CENTERS
8.82.010 Purpose. The purpose of this Chapter is to establish regulations for the location
and operation of Day Care Centers.
8.82.020 Intent. The intent of this Chapter is to:
A. Establish a ministerial process for the review and approval of Day Care Centers.
B. Establish development standards and regulations for the location and operation of Day
Care Centers within the City.
C. Reduce the potential for noise impacts from Day Care Centers when located adjacent to a
residential land use.
8.82.030 Permitting Procedure.
A. A Day Care Center that meets the Development Standards and Regulations contained in
this Chapter shall be subject to approval of a Zoning Clearance by the Community
Development Director and shall be processed in accordance with Chapter 8.116 (Zoning
Clearance).
B. A Day Care Center that does not meet the Development Standards and Regulations
contained in this Chapter shall be subject to approval of a Minor Use Permit and shall be
processed in accordance with Chapter 8.102 (Minor Use Permit).
8.82.040 Development Standards and Regulations. An application for a Zoning Clearance
to establish a Day Care Center shall comply with the following development
standards and regulations:
A. Permitted in all Zoning Districts except A(Agricultural) and comparable PD (Planned
Development) Zoning Districts. A Day Care Center may be established in all Zoning
Districts with the exception of the A (Agricultural) Zoning District and comparable PD
(Planned Development) Zoning Districts with similar agricultural uses. A Day Care Center
may be established in other PD (Planned Development) Zoning Districts if not specifically
prohibited by the PD regulations and if the project site does not have a Rural
Residential/Agricultural or Open Space General Plan Land Use designation. Any PD
regulations which require a Conditional Use Permit for Day Care Centers shall be
superseded by this Chapter and shall be subject to the requirements of this Chapter.
City of Dublin Zoning Ordinance 82-1 September 2013
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B. Parking. The Day Care Center shall provide the amount of parking required in Section
8.76.080 (Parking Requirements by Use Type) of the Off-Street Parking and Loading
Regulations.
C. Drop-Off/Pick-Up. A Day Care Center that provides care for non-school aged children
shall have staggered drop-off and pick-up of children across a minimum 1-hour time
period.
D. Hours of Operation. Hours of operation for a Day Care Center shall be limited to between
6:00 a.m. and 9:00 p.m. Monday through Friday.
E. Outdoor Play Activity Hours. Outdoor play activities involving children associated with a
Day Care Center that is located on a parcel of land that either shares a property line with a
residential use or borders a vacant parcel that shares a property line with a residential use
shall be limited to between 9:00 a.m. and 6:00 p.m. Monday through Friday. Outdoor play
activities involving children associated with a Day Care Center that does not share a
property line with a residential use or border a vacant parcel that shares a property line with
a residential use shall be limited to between 8:00 a.m. and 7:00 p.m. Monday through
Friday.
F. Outdoor Play Area.
1. Site Development Review Required. Modifications to existing outdoor play
area(s) or the establishment of new outdoor play area(s) for use by children
associated with a Day Care Center shall be subject to Chapter 8.104 (Site
Development Review).
2. Day Care Center Adjacent to Residential Land Use. A Day Care Center that is
located on a parcel of land that shares a property line with a residential land use or
borders a vacant parcel that shares a property line with a residential land use and
proposes to use an existing outdoor play area(s) or establish a new outdoor play
area(s) shall be limited in the amount of outdoor play as set forth in Table 1,
Number of Children-Hours per Day within an Outdoor Play Area and section
8.82.050.
3. Day Care Center Across from a Residential Land Use. A Day Care Center that
proposes to use an existing outdoor play area(s) or establish a new outdoor play
area(s) and is not adjacent to a residential land use as defined above in
8.82.040.F.2 but is located along a residential street or residential collector street
(as defined in the Dublin General Plan) that has residential land uses shall be
reviewed by the Community Development Director to determine whether a
Zoning Clearance or Minor Use Permit shall be required.
City of Dublin Zoning Ordinance 82-2 September 2013
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Chapter 8.82
Table 1. Number of Children-Hours per Day within an Outdoor Play Area
Distance from Center of
Play Area to Residential
Property Line
(Distance"A") . N`ulnber pf Ch ldren Hours per Day
0-9 feet 0 0 0
10-14 feet 2 5 8
15-19 feet 4 12 18
20-24 feet 7 20 33
25-29 feet 10 35 50
30-39 feet 16 50 75
40-49 feet 28 90 130
50-59 feet 45 140 200
60-74 feet 60 200 300
75-99 feet 100 300 450
100+feet 180 500 800
Note:A distance that results in a fraction of 0.5 or greater shall be rounded up to the nearest whole foot.
G. Noise/Nuisance. All outdoor activities involving children shall occur within a designated
Outdoor Play Area(s) and shall be monitored and controlled so as not to create unusual or
unnecessary noise that may disturb or annoy persons living or working in the vicinity.
H. Signs. All signs associated with a Day Care Center shall conform to Chapter 8.84 (Sign
Regulations).
I. State of California Licensing. Any Day Care Center that is required to obtain a license
from the State of California to operate shall submit a copy to the Community Development
Department prior to establishment of the Day Care Center and shall keep said license
current and valid throughout the life of the Day Care Center. If a Day Care Center is exempt
from licensing by the State of California as a child care center because they are registered as
a Heritage School, proof of registration shall be submitted to the Community Development
Department prior to the establishment of the Day Care Center and shall be kept current and
valid throughout the life of the Day Care Center.
City of Dublin Zoning Ordinance 82-3 September 2013
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J. Business License. The operator of the Day Care Center shall obtain a City of Dublin
Business License prior to establishing the Day Care Center. The Business License shall
remain current and valid throughout the life of the Day Care Center.
K. Compliance with Local Ordinances. The operator of the Day Care Center shall comply
with all applicable City of Dublin Ordinances including, but not limited to, Chapter 5.56
(Smoking Pollution Control); Chapter 5.64 (Property Maintenance); and, Chapter 7.32
(Building Security).
8.82.050 Determining the Number of Children-Hours per Day within an Outdoor Play
Area.
A. Procedures. In order to determine the allowable "Maximum Number of Children-Hours per
Day" as set forth in Table 1 (refer to Section 8.82.040.F) the following procedures shall
apply:
1. Identify the location of the outdoor play area on the Applicant's Site Plan and
determine the center of the play area(refer to Section 8.82.050.13).
2. Measure the distance from the center of the play area to the nearest residential
property line (refer to Section 8.82.050.C). Mark the location on the nearest
residential property line as the "Ambient Noise Level Measurement Location" or
"ANLML".
3. Measure the distance from the ANLML to the edge of the nearest freeway (refer to
Section 8.82.050.D) and nearby roadways (refer to Section 8.82.050.E). Based on
the measured distances and visibility of the nearest freeway and nearby roadways,
determine the Ambient Noise Level (Quieter, Moderate or Noisier) at the ANLML
(refer to Section 8.82.050.F).
4. Locate the applicable Distance "A" in Table 1 and the applicable Ambient Noise
Level (Quieter, Moderate or Noisier). Where the row and column intersect is the
maximum number of children-hours per day allowed (refer to Section 8.82.050.G).
5. Calculate the Applicant's proposed number of children-hours per day (refer to
Section 8.82.050.H). Compare this number with the maximum number of children-
hours per day allowed from Table 1 (refer to Section 8.82.050.A.4). If the
Applicant's number is less than the number obtained from Table 1, the project meets
the required development standard. If the Applicant's number is more than the
number obtained from Table 1, the Applicant may choose to reduce their number of
children-hours or apply for a Minor Use Permit.
City of Dublin Zoning Ordinance 82-4 September 2013
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B. Determining the Center of the Play Area. The center of the play area is determined by
drawing two diagonal lines from opposite corners of the play area. The center of the play
area is the location where the two lines intersect. Any portion of a play area that is blocked
from the nearest residential property line by a building shall be disregarded when
determining the center of the play area. Refer to Section 8.82.060, Figure 1.
C. Determining the Distance from the Center of the Play Area to a Residential Property
Line (Distance "A"). Distance "A" shall be measured as the shortest, straight-line
distance between the center of the play area to the nearest residential property line. The
location on the nearest residential property line shall be the "Ambient Noise Level
Measurement Location" or"ANLML". Refer to Section 8.82.060, Figure 1.
D. Determining the Distance from the Ambient Noise Level Measurement Location
(ANLML)to the Nearest Freeway (Distance"X"). Distance "X" shall be measured as the
shortest, straight-line distance from the ANLML to the edge of the traveled way of the
nearest freeway. Refer to Section 8.82.060,Figures 2 and 3.
E. Determining the Distance from the Ambient Noise Level Measurement Location
(ANLML) to the Nearest Roadway(s) (Distance"Y"). Distance "Y" shall be measured as
the shortest, straight-line distance from the ANLML to the edge of the traveled way of the
nearest Arterial or Class I Collector, as defined in the Dublin General Plan. Refer to Section
8.82.060, Figures 2 and 3.
F. Determining the Ambient Noise Level. The existing noise environment is defined by one
of three Ambient Noise Level categories: Quieter, Moderate and Noisier. Each category
describes the existing noise environment based on the proximity and visibility of
freeways and/or roadways to the "Ambient Noise Level Measurement Location" (refer to
8.82.050.C). The following describes the characteristics of each Ambient Noise Level
category:
1. Quieter Noise Environment. A "Quieter" noise environment is when the
"Ambient Noise Level Measurement Location" meets all of the following criteria:
1) is at least 500-feet from the edge of the traveled way of a freeway; 2) is at least
200-feet from the edge of the traveled way of an Arterial or Class I Collector (as
defined in the Dublin General Plan); and, 3) the line-of-sight to all freeways and
roadways (except Residential and Residential Collector streets, as defined in the
General Plan) is blocked by buildings and/or terrain (not including vegetation).
Refer to Section 8.82.060, Figure 2.
2. Moderate Noise Environment. A location shall be considered a "Moderate"
noise environment if it does not meet the criteria for a "Quieter" noise
environment or a"Noisier" noise environment.
3. Noisier Noise Environment. A "Noisier" noise environment is when the
*`Ambient Noise Level Measurement Location" meets the following criteria: 1) is
City of Dublin Zoning Ordinance 82-5 September 2013
DAY CARE CENTERS
Chapter 8.82
within 150-feet of the edge of the traveled way of a freeway or within 75-feet of
the traveled way of an Arterial or Class I Collector (as defined in the Dublin
General Plan); and, 2) there is at least a partial line-of-sight to the freeway,
Arterial or Class I Collector street. Refer to Section 8.82.060, Figure 3.
G. Determining the Maximum Number of Children-Hours per Day Allowed. The
maximum number of children-hours per day allowed within the outdoor play area is set
forth in Table 1 and shall be determined based on the distance between the center of the
play area and the closest residential property line (Distance "A") and the Ambient Noise
Level (Quieter, Moderate or Noisier).
H. Calculating the Applicant's Number of Children-Hours per Day. The Applicant's
Number of Children-Hours per Day shall be calculated by multiplying the number of
children in the outdoor play area at any given time by the number of outdoor play periods
per day by the duration of the outdoor play period(s). For example, if 30 children use the
outdoor play area 4 times a day for 45-minutes each time then the total "children-hours
per day" is calculated as follows: 30 children x 4 play times x .75 (45 minutes equals .75
of 1 hour) = 90 Children-Hours per day. If the number of children and/or the duration of
play varies throughout the day then each play period shall be calculated individually and
summed for the total Children-Hours per day.
8.82.060 Figures
City of Dublin Zoning Ordinance 82-6 September 2013
DAY CARE CENTERS
Chapter 8.82
Figure 1.
C/TYOFDUBLIN
CENTER OFPLAYAREA
Luc COUM R
i
PLAY AREA
DAY CARE
CENTER 90,
(
CIZ
CP)_
(ANLML
� � f
w
g
w
Cy-
MEAD
ANLML ..... AMBIENT NOISE LEVEL MEASUREMENT LOCA77ON
9(CP) ..... CENTER POINT OF PLAY AREA
DISTANCE A" ..... FROM CENTER POINT OF PLAY AREA TO
RESIDENTIAL PROPERTY LINE
R ..... PROPERTY LINE {
NOT TO SCALE
Note: Adjacent street types are shown as examples to illustrate the development standards
contained in the text of this Chapter and do not represent a requirement that Day Care
Centers be located along Arterial or Class I Collector Streets or be adjacent to Residential
Collector Streets.
City of Dublin Zoning Ordinance 82-7 September 2013
DAY CARE CENTERS
Chapter 8.82
Figure 2.
CITYOFDUBLIN
"QUIETER ENVIRONMENT"
j BUILDING
7'
III RESMEMUL COLLE 74Ri
DISTANCE "X">_ 500'—
('PLAY ARkA
DISTANCE "y"> 200'--_ _ DAY CARE
t
cFNTER t
+ (CP) X. -ANLML !
I
LINE Of 900...
TO FREEWAY
AND ARTERIAL i
BLOCKED
RESIDENAAL
BUILDING
;I
�I
ANLML ..... AMBIENT NOISE LEVEL MEASUREMENT LOCATION
I'
i (CP) ..... CENTER POINT OF PLAY AREA
DISTANCE "X" ..... FROM ANLML TO NEAREST FREEWAY
DISTANCE "Y" ..... FROM ANLML TO NEAREST ARTERIAL OR
j CLASS I COLLECTOR
'X ..... LINE OF SIGHT TO NEAREST FREEWAY AND
NEAREST ARTERIAL OR CLASS I COLLECTOR
NOT TO SALE BLOCKED
Note: Adjacent street types are shown as examples to illustrate the development standards
contained in the text of this Chapter and do not represent a requirement that Day Care Centers
be located along Arterial or Class I Collector Streets or be adjacent to Residential Collector
Streets.
City of Dublin Zoning Ordinance 82-8 September 2013
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Chapter 8.82
Figure 3.
C17 YOFDUBLIN
"NOISIER ENVIRONMENT"
BUILDING
1
r
DISTANCE "X"< 150` MAdE7Y & COLLECTOR
r
4
DISTANCE 1'"< 75' - DAY CARE --
C
1 -
"{'
PLAYQ40UN0
VRtSIDEN174L¢'
BUILDING
PARTIAL
LM1E OF 504T
LEGM
ANLML ..... AMBIENT NOISE LEVEL MEASUREMENT LOCATION
0 (CP) ...- CENTER POINT OF PLAY AREA
OISTANCE X" ..... FROM ANLML TO NEAREST FREEWAY
DISTANCE 'Y" ..... FROM ANLML TO NEAREST ARTERIAL OR
CLASS I COLLECTOR
..... LINE OF SIGHT FROM ANLML
NOT TO SCALE
Note: Adjacent street types are shown as examples to illustrate the development standards
contained in the text of this Chapter and do not represent a requirement that Day Care Centers
be located along Arterial or Class I Collector Streets or be adjacent to Residential Collector
Streets.
City of Dublin Zoning Ordinance 82-9 September 2013