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Proposal In response to the issues outlined above, staff proposes a new Planning Policy (Attachment 1) related to child care, that: Uses the broad State definition of "providing care and supervision" of minors, looks at the number of hours the child attends the program, whether or not transportation is provided, and whether families rely on the facility for care of their children while they are at work, to determine if a child related use is defined as child care; and, Declares that those uses defined as child care are subject to the requirements and standards imposed on child care and nursery schools in the City of Pleasanton's Zoning Ordinance; and, Requires that all uses defined as child care obtain a child care license from the State Community Care Licensing Division. The requirement that programs that function as child care are licensed by the State would ensure a basic level of review of the operator of the facility, his or her employees, the program, and of the facility itself prior to the opening of the facility. It would also provide a forum to which any parent may take a complaint or concern about the facility or the staff. The State is obligated to investigate complaints against licensed facilities and its employees are trained to do so. Classifying these uses as child care or nursery schools, will restrict the areas where these businesses can locate, compared to current practice. For example, child care centers or nursery schools are allowed with conditional use permits in only four standard non residential zoning districts (CR(m), CR(p), CN and P), and in a few commercial Planned Districts, as shown on Figure 1, Attachment 5. Most of the areas identified on Figure 1 are already developed. Child care and nursery schools are also allowed in R -1 (single family) and RM (multifamily) districts, as a conditional use. However, it is unlikely that the City would see a significant number of new child care businesses in residential areas since existing homes would not meet the development regulations for child care businesses with more than 12 children (parking requirements, for example), and there is a very limited amount of vacant land zoned R -1 or RM. Furthermore, the State's requirement for an outside recreation area will limit the suitable locations for these uses. Staffs research indicates that the Community Care Licensing Division seldom grants an exemption for this requirement, and therefore, many locations in existing buildings in developed business parks and other areas may not meet this requirement. Alternative Policy In addition to the above proposed planning policy, Planning Division staff also developed an alternative policy which was discussed with both the Human Services Commission and the Planning Commission. This option is described further in Attachment 2: Alternative Policy: Protection of children receiving instruction, tutoring and other services and care. Page 5 of 7