16.315 DAY CArE, ADULT AND CHILD

I. Solid Waste, Recycling, and Organic Waste.

Appropriately sized trash and recycling receptacles shall be screened and located on the site in compliance with the applicable requirements of Section 16.501.08,

Solid Waste, Recycling, and Organic Waste Storage.

The garden coordinator shall be responsible for arranging for and making payment for regular trash collection. The operating rules shall encourage onsite composting of plant materials only and encourage gardeners to take their trash off-site for disposal. J. Lighting. Outdoor lighting shall be located and designed to meet the applicable requirements of

Chapter 16.506, Lighting and Glare, to avoid glare that would be visible from adjacent properties. Low level light controlled by motion sensors is preferred. K. Other Operational Requirements.

1. Allowable uses include the cultivation of fruits, vegetables, plants, flowers, or herbs. The cultivation of cannabis and any plants prohibited by the Solano

County Department of Agriculture is not allowed. 2. Gardening activity shall be conducted between the hours of 7 a.m. and 8 p.m. or sunset, whichever is more restrictive.

a. Heavy equipment may be used initially to prepare land for agricultural use; b. Landscaping equipment designed and used for home use is permitted; c. Equipment shall be enclosed or screened from sight when not in use.

3. Plants and produce grown in a community garden may be sold and marketed in the following manner:

a. At Farmers’ Markets subject to compliance with the Market’s rules and requirements; b. Community garden members may sell plants and flowers that they have grown on their own plots as a home-based business subject to the requirements of Chapter 16.321, Home-Based Business. c. Produce may be distributed or sold from the community garden site subject to approval of a Temporary Use Permit issued in compliance with Chapter 16.338, Temporary Uses.

16.315.01 PURPOSE AND APPLICABILITY

These regulations are intended to facilitate the establishment of State-licensed day care centers for seniors and children in safe and convenient locations to help meet the need for day-time care in a supervised setting. Pursuant to Health and Safety Code Section 1502, an adult day care is a community care facility maintained and operated to provide nonmedical care. In the event of conflict between these requirements and the provisions of State law, the State law shall prevail.

16.315.02 REQUIREMENTS

A. Family Day Care Facilities. Family Day Care

Facilities are permitted by-right as an accessory use of residential property in any zoning district or Specific Plan area where residential uses are permitted and shall be considered a residential use for purposes of zoning regulations. B. Adult Day Care. Licensed Adult Day Care Facilities are permitted subject to compliance with the requirements applicable to the zoning districts where they are located and the requirements of this Chapter. C. Child Care and Early Education Facilities. Child

Care and Early Education Facilities are permitted subject to compliance with the requirements of the State Health and Safety Code, applicable standards of the zoning districts where they are located and the following requirements:

1. Fences and Walls. Outdoor play areas shall be enclosed by a fence of at least 4 feet in height. In a required front setback, the minimum 4-foot height shall be allowed by right. However, the fence height in a required front setback may not exceed 4 feet in height unless permitted through approval of an adjustment consistent with Chapter 16.505,

Fences, Walls, and Screening and Chapter 16.608,

Exceptions. Materials, textures, colors, and design of the fence or wall shall be compatible with on-site development and adjacent properties. All fences or walls shall provide for controlled points of entry.