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Ord 1842 - AMENDING THE ZONING ORDINANCE ALLOWING LARGE FAMILY DAY CARE HOMES IN RESIDENTIAL ZONES WITHOUT CONDITIONAL USE PERMITS SUBJECT TO STANDARDSORDINANCE 1842 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE ALLOWING LARGE FAMILY DAY CARE HOMES IN RESIDENTIAL ZONES WITHOUT CONDITIONAL USE PERMITS SUBJECT TO STANDARDS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS HEREBY ORDAINS: SECTION I Chapter 3.99 is added to read: CHAPTER 3.99 LARGE FAMILY DAY CARE HOMES 3.99.010 SCOPE Large Family Day Care Homes are allowed in all residential zones subject to the following regulations: (1) All perimeter gates must be self latching and the latches shall be a minimum of four feet above grade. (2) The rear yard must be enclosed with a minimum five -foot high fence. (3) Use of the garage for day care must meet Uniform Building Code for living space. (4) Two off - street parking spaces must be provided, plus one space for each employee. (5) No double key deadbolts may be used on exterior doors. (6) A minimum of two exits must be provided. (7) A minimum of 100 square fee of habitable space as defined by Section 409 of the Uniform Building Code shall be provided for each child. (8) No child care space is permitted on the second floor unless approved by the Building Official. (9) No signs may be displayed. (10) A minimum lot size of 6,000 square fee is required. (11) A minimum of 500 feet between Large Family Day Care Homes is required. (12) The Day Care Home operator must be a resident of the home. (13) The Large Family Day Care Home shall not alter the single - family residential character of the premises. 3.99.020 PERMIT A large family day care permit must be obtained from the Development Review Committee and all conditions identified in Section 4.20.010 must be satisfied prior to issuance. 3.99.030 INSPECTION Prior to issuance of a permit, the Large Family Day Care Home is subject to an on- site inspection to insure compliance with all regulations to the satisfaction of the Building Official and Planning Director. 3.99.040 NOTIFICATION All property owners within 100 feet shall be notified prior to the issuance that a Large Family Day Care Home permit will be issued and the notification shall include the conditions under which the permit shall operate. 3.99.050 AFFIDAVIT All property owners of the property where the large family day care home is to be located shall sign an affidavit certifying that the property shall remain in compliance with the requirements of Section 3.99.010. 3.99.060 DENIAL The Planning Director may not issue a Large Family Day Care Home Permit where he finds the day care home will not comply with the provisions of Section 4.20.010 of this ordinance. 3.99.070 REVOCATION The Planning Director may revoke Large Family Day Care Home Permits for violations of this chapter. Before revoking a Large Family Day Care Home Permit, the Planning Director shall give the permittee ten days notice in writing that revocation is under consideration, shall consider whatever evidence the permittee wishes to present to contest the revocation, and shall give permittee written notice of his decision. Both notices shall be mailed to the address given by the permittee in his application for the Large Family Day Care Home Permit or such other address as the permittee has provided the Planning Director. SECTION II The Table of Conditional Uses Sections 5.20.205 is amended as attached to reflect that large family Day Care Homes are permitted. SECTION III Section 5.60.100 is amended to read: SEC.5.60.100 DEVELOPMENT REVIEW COMMITTEE The Committee: (1) Regularly reviews and makes recommendations to the Planning Commission concerning the determination of all matters which come before the Commission except zoning ordinance amendments, zone changes (not including rezoning to PD), General Plan adoptions and amendments, specific plan adoptions and amendments, and capital improvement plans. (2) Reviews and makes recommendations to the Council concerning community- oriented bulletin boards and kiosks proposed to be erected on public property. (3) May on its own motion review and make recommendations concerning matters not assigned to it. (4) Reviews and makes recommendation on parking lot permits under Section 3.42.120 including reconfiguration or trade -off of zoning requirements under other Section of this ordinance. (5) Determines and issues zoning approval for the storage of hazardous materials as provided in Chapter 4.70. (6) Determines appropriate screening (fencing, landscaping or a combination) for hazardous materials storage sites as provided in Chapter 4.70. (7) Determines and issues zoning approval for Grading Permits as provided in Section 3.80.020 and 3.80.030 of this ordinance. (8) Determines and issues zoning approval for minor exterior alterations to commercial buildings. (9) Determines and issues zoning approval for lot line adjustments, and lot mergers. (10) Issues Large Family Day Care Home Permits. (11) Under the provisions of Section 3.10.010 of this Ordinance and Section 66424.2 of the Subdivision May Act, determines whether lots have merged. No Commission action is invalid because of omission of review and recommendation. SECTION IV This ordinance takes effect 30 days after the date it is adopted. Within 15 days after this ordinance is adopted, the Town Clerk shall cause it to be published once in a newspaper of general circulation published and circulated in the Town. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on March 18, 1991, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on April 1, 1991. COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Mayor Brent N. Ventura NAYS: None ABSENT: Joanne Benjamin, Eric D. 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