04 Attachment 1 - Draft Ordinance1 of 7
Ordinance Council Meeting Date
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 29 (ZONING REGULATIONS) OF THE TOWN CODE
REGARDING FAMILY DAYCARE HOME REGULATIONS
WHEREAS, in 2019, Senate Bill 234 amended Government Code Section s 1596.72
through 1597.543 regarding family daycare homes; to address the current shortage of
regulated childcare; and
WHEREAS, the current definition of large family daycare home within the Town Code is
for seven (7) to twelve (12) children; and
WHEREAS, the new State law requires family daycare homes to allow up to fourteen
(14) children; and
WHEREAS, the current regulations of family daycare homes within the Town Code
would require a large family daycare home to obtain approval of a discretionary large family
daycare home permit from the Development Review Committee; and
WHEREAS, the new State law requires large family daycare homes to be considered a
residential use by right; and
WHEREAS, the Town Council wishes to amend the Town Code, to consider a small or
large family daycare home as a residential use by right, to comply with the new State law; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Planning Commission for public hearing on February 26 , 2020; and
WHEREAS, on February 26, 2020, the Planning Commission reviewed and commented
on the proposed amendments regarding family daycare home regulations and forwarded a
recommendation to the Town Council for approval of the proposed amendments; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Town Council for public hearing on March 17, 2020; and
WHEREAS, on March 17, 2020, the Town Council continued this matter to the Town
Council meeting on April 7, 2020; and
ATTACHMENT 1
Draft Ordinance: subject to
modification by Town Council
based on
deliberations and direction
2 of 7
Ordinance Council Meeting Date
WHEREAS, on April 7, 2020, the Town Council reviewed and commented on the
proposed amendments regarding family daycare home regulations and the Town Council voted
to introduce the Ordinance.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES
ORDAIN AS FOLLOWS:
SECTION I
Chapter 29 of the Town Code is hereby amended as follows:
ARTICLE I. DIVISION 1. - MISCELLANEOUS
Sec. 29.10.020. - Definitions.
…
Family day care daycare home means a dwelling where day care daycare is provided for
children under eighteen (18) years of age who are unrelated to the licensee. A small family day
care daycare home is for six eight (6 8) or fewer children and a large family day care home is for
seven nine (7 9) to twelve fourteen (12 14) children. Both limitations include the number of
children residing in the dwelling unit children under 10 years of age who reside at the home.
…
Sec. 29.10.09050. – Large family day care homes.
(a) 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 (4) 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 (2) off-street parking spaces must be provided, plus one (1) space for e ach
employee.
(5) No double key deadbolts may be used on exterior doors.
(6) A minimum of two (2) exits must be provided.
3 of 7
Ordinance Council Meeting Date
(7) A minimum of one hundred (100) square feet 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 six thousand (6,000) square feet is required.
(11) A minimum of five hundred (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.
(b) Permit. A large family day care permit must be obtained from the Development
Review Committee and all conditions identified must be satisfied prior to issuance.
(c ) 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.
(d) Notification. All property owners within one hundred (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.
(e) 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 subsection 29.10.09050(a).
(f) 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 this
chapter.
(g) 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 (10) days' notice in writing that
revocation is under consideration, shall consider whatever evidence the permittee
4 of 7
Ordinance Council Meeting Date
wishes to present to contest the revocation, and shall give the permittee written
notice of this 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.
…
ARTICLE II. DIVISION 3. – APPROVALS
Sec. 29.20.185. – Table of conditional uses.
…
(4) Schools
…
…
ARTICLE II. DIVISION 7. – ASSIGNMENT OF DUTIES
Sec. 29.20.745. – Development Review Committee.
…
(10) Issue large family day care home permits Reserved.
…
ARTICLE IV. DIVISION 2. – RC OR RESOURCE CONSERVATION ZONE
Sec. 29.40.160. – Permitted Uses.
…
(4) Small family day care home Family daycare home.
…
ARTICLE IV. DIVISION 3. – HR OR HILLSIDE RESIDENTIAL ZONE
Sec. 29.40.235. – Permitted Uses.
…
(3) Small family day care home Family daycare home.
…
ARTICLE IV. DIVISION 4. – R-1 OR SINGLE-FAMILY RESIDENTIAL ZONE
5 of 7
Ordinance Council Meeting Date
Sec. 29.40.385. – Permitted Uses.
…
(3) Small family day care home Family daycare home.
…
ARTICLE IV. DIVISION 5. – R-D OR DUPLEX RESIDENTIAL ZONE
Sec. 29.40.510. – Permitted Uses.
…
(3) Small family day care home Family daycare home.
…
ARTICLE IV. DIVISION 6. – R-M OR MULTIPLE-FAMILY RESIDENTIAL ZONE
Sec. 29.40.610. – Permitted Uses.
…
(3) Small family day care home Family daycare home.
…
ARTICLE IV. DIVISION 7. – R-1D OR SINGLE-FAMILY RESIDENTIAL DOWNTOWN ZONE
Sec. 29.40.725. – Permitted Uses.
…
(3) Small family day care home Family daycare home.
…
ARTICLE IV. DIVISION 8. – RMH OR MOBILE HOME RESIDENTIAL ZONE
Sec. 29.40.835. – Permitted Uses.
…
(6) Family daycare home.
SECTION II
With respect to compliance with the California Environmental Quality Act (CEQA), the
Town Council finds as follows:
A. These Town Code amendments are not subject to review under CEQA
pursuant to sections and 15061(b)(3), in that it can be seen with certainty that there is no
possibility that the proposed amendment to the Town Code would have significant impact on
6 of 7
Ordinance Council Meeting Date
the environment; and
B. The proposed Town Code amendments are consistent with the General Plan
and its Elements.
SECTION III
If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid, such invalidly shall not affect other provisions or applications of
the ordinance which can be given effect without the invalid provision or applic ation, and to this
end the provisions of this ordinance are severable. This Town Council hereby declares that it
would have adopted this ordinance irrespective of the invalidity of any particular portion
thereof and intends that the invalid portions shoul d be severed and the balance of the
ordinance be enforced.
SECTION IV
Except as expressly modified in this Ordinance, all other sections set forth in the Los
Gatos Town Code shall remain unchanged and shall be in full force and effect.
7 of 7
Ordinance Council Meeting Date
SECTION V
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on the 7th day of April 2020, 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 the
21st day of April 2020. This ordinance takes effect 30 days after it is adopted. In lieu of
publication of the full text of the ordinance within fifteen (15) days after its passage a summary
of the ordinance may be published at least five (5) days prior to and fifteen (15) days after
adoption by the Town Council and a certified copy shall be posted in the office of the Town
Clerk, pursuant to GC 36933(c)(1).
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________