Daycare and Education Space in San Clemente

What to diligence before LOI

1. 01

   San Clemente Zoning Ordinance Table 17.36.020 requires a Conditional Use Permit (C) for Day Care Centers in every commercial zone: NC 1.1, NC 1.2, NC 1.3, NC 2, NC 3, CC 1, CC 2, CC 3 and CC 4. There is no by-right commercial zone for a licensed center, so build CUP time into the lease contingency.

2. 02

   Tutoring and enrichment fit the code's Group Instruction use, which needs a Minor Conditional Use Permit (MC) in all of those commercial zones and in the mixed-use zones under Table 17.40.030. That definition (17.88) covers classes of five or more people at a time, so one-on-one or very small group tutoring may be classified differently; ask Planning. In the Central Business (-CB) overlay, a footnote says Group Instruction can be subject to locational criteria within the building under 17.56.030, so ask whether a ground-floor storefront is allowed.

3. 03

   Section 17.28.100 applies to every child day care center: a passenger loading plan has to be approved by the decision-making body, stationary play equipment cannot sit in a required setback, and the city can require a six-foot solid fence or wall on side and rear property lines for noise. Get the landlord's sign-off on a drop-off lane and yard location before you file.

4. 04

   Parking under Table 17.64.050 is one space per two employees plus one per five children with a three-space minimum for day care, and one space per employee plus one per two students at maximum capacity for Group Instruction. The Group Instruction ratio is heavy for a tutoring center in a small strip, so run the count early.

5. 05

   Goddard's 144-child license on Calle Avanzado works out to 10,800 sq ft of outdoor activity space at 75 sq ft per child, and even that school has a CDSS waiver to rotate playground use. Las Olas has a waiver for staggered outdoor schedules. Expect outdoor area to cap your capacity.

6. 06

   State licensing sets the floor plan before the city does: Title 22 requires 35 sq ft of indoor activity space per child (22 CCR 101238.3), 75 sq ft of outdoor activity space per child enclosed by a fence at least four feet high (22 CCR 101238.2), and a fire clearance requested through CDSS (22 CCR 101171). Size the suite and the play yard against your target licensed capacity before you negotiate.