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HomeMy WebLinkAboutORDINANCES - 06031986 - 86-43 it 3 9 ORDINANCE NO. 86- 43 (Child Care Facilities ) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code ) : SECTION I . SUMMARY. This ordinance amends various sections in Titlew8 of the County Ordinance Code to permit child day care facilities for up to twelve persons , and to allow by land use per- mit such facilities for more than twelve persons in residential , recreation , and agricultural districts . SEC1ON_II . Section 84-4 . 402 of the County Ordinance Code is amended to read as follows : 84-4. 402 Uses - Permitted. The following uses are allowed in the R-6 district ( 1) A detached single- family dwelling on each lot and the accessory structures and uses normally auxiliary to it ; ( 2) Crop and tree farming, except raising or keeping any ani - mals other than ordinary household pets ; ( 3) Publicly owned parks and playgrounds ; ( 4) A residential care facility for the elderly, operated by a person with all required state and local agency approvals or licenses , where not more than six persons reside or receive care , not including the licensee or members of the licensee ' s family or persons employed as facility staff; ( 5) A family day care home where care , protection and super- vision of twelve or fewer children in the provider ' s own home are provided for periods of less than 24 hours per day, while the parents or guardians are away; ( 6) Aviaries , which shall be not over twelve feet high nor exceeding one square foot (not over 1, 600 ) in area for each fifty square feet of net land area per lot , and unless otherwise pro- vided herein , shall be set back at least twenty- five feet from the front property line and any street line and at least ten feet from any side or rear property line , and shall be maintained in a sani - tary manner as determined by the county health department . (Ords . 86- 43 §2 , 78-83 S1 , 77-51 §2 , 68-25 §2 : prior code S8142 (a ) : Oris . 1269 S1 , 1179 S3 , 1039, 1028, 382 M. ) SE_CTIO_N_ III . Section 84-4 . 404 of the County Ordinance Code is amended wtowread as follows : 84-4. 404Uses - Re9uiring land use Permit . The following uses are allowable on the issuance of land use permit : ( 1) A home occupation; ( 2) Hospitals , eleemosynary and philanthropic institutions , and convalescent homes ; ( 3) Churches and religious institutions and parochial and private schools including nursery schools; ( 4) Community buildings , clubs , and activities of a quasi - public , social , fraternal or recreational character , such as golf , tennis , and swimming clubs , and veterans ' and fraternal organizations ; ( 5) Greenhouses , over three hundred square feet ; ( 6) More than one detached dwelling unit on a lot or parcel , if the density is not greater than the following: (A) R-6 district - six thousand square feet per dwelling uni t , (B) R-7 district - seven thousand square feet per dwelling unit , (C) R-10 district - ten thousand square feet per dwelling unit , (D) R-15 district - fifteen thousand square feet per dwelling unit , (E) R-20 district - twenty thousand square feet per dwelling unit , (F) R-40 district - forty thousand square feet per dwelling unit , (G) R-65 district - sixty- five thousand square feet per dwelling unit , (H) R-100 district - one hundred thousand square feet per dwelling unit , (J) D- 1 district - no density restriction , (K) F-1 district - no density restriction; ( 7) Commercial nurseries ; an application shall include a site plan indicating planting and landscaping areas , existing and pro- posed structures , and plans and elevations to indicate architec- tural type ; ( 8 ) Medical and dental offices and medical clinics ; ( 9) Publicly owned buildings and structures except as pro- vided in Division 82 ; ( 10) Separate dwelling units , attached or detached , for ser- vants or members of the family within the third degree of consanguinity; ( 11 ) A family care home where care , protection and super- vision of thirteen or more children in the provider ' s own home are provided for periods of less than 24 hours per day , while the parents or guardians are away; ( 12) Commercial radio and television receiving and transmitting facilities other than broadcasting studios and busi - ness offices ; ( 13 ) The installation of exterior lighting at a height of seven feet or more above the finished grade of the parcel except exterior light placed upon the single- family residence . (Ords . 86- _43 S3 , 83-70 , 76-75 S1 , 76-36 §2 , 73-51 S3 , 67-38, 1762 , 1569��1 , 1549: prior code S8142 (b ) : Ords . 1405 , 1179 S3 , 382 S4A. ) SECTION IV. Section 84-14. 402 of the County Ordinance Code is amended to read as follows : 84-14.402 Uses - Permitted. The following uses are allowed in the R-20 district : ( 1) A detached single family dwelling on each lot and the accessory structures and uses normally auxiliary to it ; ( 2) Crop and tree farming, and horticulture; ( 3) A temporary stand for the sale of agricultural products grown on the premises , with two and one-half acres per stand , set back at least thirty- five feet from the front property line , and operated not more than three months in any calendar year ; ( 4) Small farming; including the raising of poultry and rab- bits or other grainfed rodents , primarily for home consumption thereon; ( 5) Keeping livestock on lots forty thousand or more square feet in area (with at least forty thousand square feet for each two head of livestock) and all contiguous and in one fee ownership; ( 6 ) Publicly owned parks and playgrounds ; ( 7) A residential care facility for the elderly, operated by a person with all required state and local agency approvals or licenses , where not more than six persons reside or receive care , not including the licensee or members of the licensee ' s family or persons employed as facility staff ; -2- ORDINANCE NO. 86- 43 ( 8) A family day care home where care , protection and super- vision of twelve or fewer children in the provider ' s own home are provided for periods of less than 24 hours per day , while the parents or guardians are away; ( 9) Aviaries , which shall be not over twelve feet high nor exceeding one square foot (not over 1600 ) in area for each fifty square feet of net land area per lot , and unless otherwise: pro- vided herein , shall be set back at least twenty- five feet from the front property line or any street line and at least ten feet from any side or rear property line , and shall be maintained in a sani - tary manner as determined by the county health department . (Ords . 86- 43 94 , 78-83 S2 , 77-51 §8 , 68-25 §2 , 2033 , 2032 , 1768 S2 : prior code S8146 (a ) : Ords . 1269, 1179 S8 , 382 S4V. ) SECTION V. Section 84-14. 404 of the County Ordinance Code is amended to read as follows : 84-14.404 Uses - Requiring land use permit . In the R-20 district the following uses are permitted on the issuance of a land use permit : ( 1) Same as in the R-6 district (Section 84-4 . 404 ) except for the deletion of "Greenhouses , over three hundred square feet" ; ( 2) Horse riding academies and horse riding instruction , if the requirements listed in Section 84-14. 402 ( 5) are met . (Ords . 86- 43 S5 , 1768 , 1569 : prior code §8146(b ) : Ords . 1269, 1179. ) SECTION VI . Section 84-26. 402 of the County Ordinance Code is amended to read as follows : 84-26.402 Uses - Permitted. Uses permitted in the M-29 district shall be as follows : ( 1) A detached single family dwelling on each lot and the accessory structures normally auxiliary to it ; ( 2) Duplex; (3) Multiple family buildings , but not including motels or hotels ; ( 4) Crop and tree farming, not including retail nurseries or the raising or keeping of any animals other than ordinary house- hold pets ; ( 5 ) Foster home or family care home operated by a public agency, or by a private agency which has obtained state or local approval (license ) for the proposed operation , where not more than six minors reside on the premises with not more than two super- visory persons ; ( 6) A family day care home where care , protection and super- vision of twelve or fewer children in the provider ' s own home are provided for periods of less than 24 hours per day, while the parents or guardians are away; ( 7) A residential care facility for the elderly, operated by a person with all required state and local agency approvals or licenses , where not more than six persons reside or receive care , not including the licensee or members of the licensee' s family or persons employed as facility staff . (Ords . 86- 43 S6 , 78-83 S3 , 78-40 §1 , 72-44 S2 , 68-25 S2 , 1761 , 1569: prior code §8151 (a ) : Ord . 1224. ) SECTION VII . Section 84-26. 404 of the County Ordinance Code is amended to read as follows : -3- ORDINANCE NO. 86- 43 r 84-26. 404 Uses-Requiring land use permit . In the M-29 district the following uses are permitted on the issuance of a land use permit : ( 1) A home occupation; ( 2) Hospitals , eleemosynary and philanthropic institutions , convalescent homes , and boarding homes ; ( 3) Churches , religious institutions , and parochial and pri - vate schools , including nursery schools; ( 4) Community buildings , clubs , and activities of a quasi - public , social , fraternal , or recreational character , such as golf , tennis , and swimming clubs ; veterans ' and fraternal organi - zations not organized for monetary profit ; ( 5) Greenhouses (over three hundred square feet ) and nur- series for the propagation of plants only and not including any retail sales of nursery products ; ( 6) Medical and dental offices and clinics ; ( 7 ) Publicly owned buildings and structures , except as pro- vided in Division 82 ; ( 8) Commercial radio and television receiving and transmitting facilities but not including broadcasting studios or business offices ; ( 9) A family care home where care , protection and supervision of thirteen or more children in the provider ' s own home are pro- vided for periods of less than 24 hours per day , while the parents or guardians are away . (Ords . 86- 43 §7 , 78-40 §1 , 72-44 §2 , 1761 , 1569: prior code §8151 (b ) : Ord . 1224. ) SECTION VIII . Section 84-32 . 402 of the County Ordinance Code is amended�towread as follows : 84-32 . 402 " Uses - Permitted. Uses permitted in the F-R district shall be as follows : ( 1) All of the uses permitted in single family residential districts and agricultural districts , together with the uses per- mitted by Division 84 after the granting of land use permits for the special uses authorized in any of these districts , except family care homes ; ( 2) For public and private parks and playgrounds , summer homes , hotels , golf courses , organized recreation camps , residen- ces , temporary and seasonal clubs and camps , and other recreational uses . (Ord . 86-_ 43 §8 : prior code §8153 (a ) (b ) (part ) . ) SECTION IX. Section 84-32 . 404 of the County Ordinance Code is amended to read as follows : 84-32 . 404 Uses Requiring land use permit . In the F-R district the following uses are permitted on the issuance of a land use permit : ( 1) Gift shops ; ( 2) Tea rooms ; ( 3) A family care home where care , protection and supervision of thirteen or more children in the provider ' s own home are pro- vided for periods of less than 24 hours per day, while the parents or guardians are away . (Ord . 86- 43 §9 : prior code §8153 (a ) (b ) (part ) . ) SECTION X. Section 84-34. 402 of the County Ordinance Code is amendedtoread as follows : -4- ORDINANCE NO. 86- 43 84-34. 402 Uses - Permitted. Uses permitted in the F-1 district shall be as follows : ( 1) A detached single family dwelling on each lot and accessory structures and uses normally auxiliary to it ; ( 2) Crop and tree farming, not including the raising or keeping of any animals other than ordinary household pets ;. ( 3) Noncommercial boating facilities with a maximum of two boat berths , provided that the boating facilities have adequate sanitary facilities provided on the lot onto which the boat berths are attached or on the piers which are attached to the subject lot . Also , for each boat berth there shall be provided two off- street parking spaces on the lot onto which the boat berth is attached . The residential off-street parking requirement may be used to satisfy the parking requirement for one boat berth; ( 4) Foster home or family care home operated by a public agency , or by a private agency which has obtained state or local approval (license ) for the proposed operation , where not more than six minors reside on the premises with not more than two super- visory persons . ( 5) A family day care home where care , protection and super- vision of twelve or fewer children in the provider ' s own home are provided for periods of less than 24 hours per day, while the parents or guardians are away. (Ords . 86- 4_3'S10, 68-25 §2 , 1958 : Ord. 67-38 S1 (part ) , 1967 : prior code S8154(a ): Ords . 671 , 613 . ) SECTION XI . Section 84-36. 402 of the County Ordinance Code is amended to read as follows : 84-36. 402 Uses - Permitted. Uses permitted in the A-1 district shall be as follows : ( 1) Small farming , including horticulture , floriculture , nur- series and greenhouses , mushroom rooms , fur farms , poultry raising, animal breeding, raising or grain- fed rodents , aviaries , apiaries , and similar agricultural uses ; ( 2) A stand not exceeding two hundred square feet for sale of agricultural products grown on the premises . The stand shall be set back at least twenty- five feet from the front property line; ( 3) A detached single family dwelling on each lot and the accessory structures and uses normally auxiliary to it ; ( 4) Publicly owned parks and playgrounds ; ( 5) The keeping of livestock. No livestock shall be kept on any taxable unit of land less than one acre , and no more than two head of livestock may be maintained per acre on any taxable unit of land in the A-1 district . Barns , stables , and other buildings or structures used to house livestock shall not be located or maintained in the A-1 district nearer than one hundred feet to the boundary line of any street or public road , nor nearer than fifty feet to any side , front , or rear property line of the lot or par- cel of land . Fenced pasture , paddocks ,. or other enclosed livestock areas shall not be located nearer than ten feet to any front , side , or rear property line of the lot or parcel of land; ( 6) Foster home or family care home operated by a public agency , or by a private agency which has obtained state or local approval (license ) for the proposed operation , where not more than six minors reside on the premises with not more than two super- visory persons . ( 7) A family day care home where care , protection and super- vision of twelve or fewer children in the provider ' s own home are provided for periods of less than 24 hours per day, while the parents or guardians are away . (Ords . 86- 43 S11 , 68-25 52 , 1968 , 1569: prior code §8155(a ) : Ord . 1406.T -5- ORDINANCE NO. 86- 43 SECTION XII . Section 84-36. 404 of the .County Ordinance Code is amended�to^read as follows : 84-36. 404 Uses - Requiring land use permit . (a ) In an A-1 district the following uses are allowable on the issuance of a land use permit . (b ) Allowable uses are: ( 1) Home occupations ; ( 2) Publicly owned parks and playgrounds ; ( 3) Dude ranches , riding academies and stables , and dog kennels ; ( 4) Publicly owned buildings and structures , except as provided in Division 82 ; ( 5) Commercial radio and television receiving and transmitting facilities but not including broadcasting studios or business offices ; ( 6 ) Wind energy conversion systems , except when used only as an accessory to an allowable residential or agricultural use; ( 7) A family care home where care , protection and super- vision of thirteen or more children in the provider ' s own home are provided for periods of less than 24 hours per day , while the parents or guardians are away. (c ) Other allowable uses are: ( 1) Hospitals , animal hospitals , eleemosynary and phi - lanthroic institutions , and convalescent homes ; ( 2) Churches , religious institutions , and parochial and private schools , including nursery schools; ( 3) Community buildings , clubs , and activities of a quasi -public , social , fraternal , or recreational character , such as : golf , tennis and swimming clubs , and veterans ' and fraternal organizations not organized for monetary profit ; these uses are allowed only where not organized for monetary profit ; ( 4) More than one detached dwelling unit on a lot or parcel of land; ( 5) Medical and dental offices and medical clinics . (Ords . 86- 43 §12, 84-24 §2 , 74-37 §1 , 1569 §2 : prior code §8155(b ) : Ords . 1406 92 , 705 §4 [ 382 54 (P) ] . ) SECTION XIII . Section 84-38. 402 of the County Ordinance Code is amendedwto�read as follows : 84-38. 402 Uses - Permitted. Uses permitted in the A-2 district shall be as follows : ( 1) All types of agriculture , including general farming, hor- ticulture , floriculture , nurseries and greenhouses , mushroom rooms , dairying, livestock production , fur farms , poultry raising, animal breeding, aviaries , apiaries , forestry , and similar agri - cultural uses ; ( 2) Other agricultural uses , including the erection and main- tenance of sheds , warehouses , granaries , dehydration plants , hullers , fruit and vegetable packing plants , and buildings for the storage of agricultural products and equipment ; -6- ORDINANCE NO. 86-43 ( 3) A stand not exceeding two hundred square feet for sale of agricultural products grown on the premises . The stand shall be set back at least twenty- five feet from the front property line; ( 4) A detached single family dwelling on each parcel and the accessory structures and uses normally auxiliary to it ; ( 5) Foster home or family care home operated by a public agency, or by a private agency which has obtained state or. local approval (license ) for the proposed operation , where not more than six minors reside on the premises with not more than two super- visory persons . ( 6) A family day care home where care , protection and super- vision of twelve or fewer children in the provider ' s own home are provided for periods of less than 24 hours per day, while the parents or guardians are away . (Ords . 86- 43 §13 , 68-25 §2 , 1968 , 1569, 1555 , 1535 : prior code §8156(a ) : Ord . 1406. ) SECTION XIV. Effective_Date. This ordinance becomes effective 30 days�after�passage , and within 15 days of passage shall be published once with the names of supervisors voting for and against it in the CONTRA COSTA TIMES ____, a newspaper of general circulation published~in this County. PASSED on June 3, 1986 , 1986 by the following vote: AYES : Supervisors Fanden, Schroder, McPeak, Torlakson and Powers NOES : None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator B y Bo r Cha i r� [SEAL] -7- ORDINANCE NO. 86- 43