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Council updates code to conform with state law on family day care homes
Summary
Council introduced an ordinance to amend the Walnut Creek Municipal Code to align with state law for family day care homes: large-family permit requirements were removed and licensed home-based day care providers are exempted from business-license fees. The introduction and first-reading waiver passed unanimously.
The council introduced and waived first reading of an ordinance that amends city code to conform to state law for family day care homes.
Planner Aaron Sage told the council state law defines family day care homes as licensed facilities providing care for up to 14 children in the provider's own residence; the state treats small family day care homes (eight or fewer children) and large family day care homes (seven to 14 in the recent statutory language) as uses that must be allowed by right and not subject to discretionary approvals or special business-license fees.
Key code changes: staff proposed removing the city's large-family day care home permit requirement and listing large family day care homes as a by-right use wherever dwelling units are allowed (all residential districts except Business Park and Community Facilities). Staff also proposed exempting licensed family day care homes from business-license fees by amending the home-based-business definition and adjusting parking standards so a large family day care home would not trigger additional parking requirements beyond what applies to the residential unit.
Council action: Council voted unanimously to waive first reading and introduce the ordinance amendments.
What's next: The ordinance will return for final adoption on the next required reading or at the next available council meeting per standard municipal code procedures.
