Daycare and Education Space in San Juan Capistrano

What to diligence before LOI

1. 01

   Zoning under the current code: Table 3-4 in Section 9-3.303 (amended through Ord. 1082, 2021) lists child day care centers as not permitted in Town Center (TC), permitted by right in Town Center Edge (TCE), conditional in Neighborhood Commercial (NC) and General Commercial (GC), and not permitted in Office Commercial (OC). Table 3-6 also allows them with a conditional use permit in the CM, IP and A districts. The earlier reading of this table, based on the 2012 code where 'TC' meant Tourist Commercial, is out of date.

2. 02

   Tutoring and enrichment: the 'Schools (business, vocational, and professional schools not requiring outdoor facilities)' row, which names art, dance, drama and music schools, is permitted only in GC and OC, and not in TC, TCE or NC. It excludes swimming schools and preschools. Ask Planning in writing how a tutoring or learning center will be classified before choosing a TC, TCE or NC suite.

3. 03

   Parking: Table 3-37 in Section 9-3.535 requires 1 space per employee or staff member plus 1 per 8 children at maximum occupancy for child care centers, day nurseries and preschools, and 1 per staff member plus 1 per 3 students for business, professional and trade schools. In the downtown Park Once Area (about 1,500 feet from Camino Capistrano and Forster Street), 9-3.535(h) lets nonresidential uses count City lots with the Development Services Director's approval after using their own on-site parking, but child care keeps the standard ratio under (h)(1)(G). A 100-child center with 14 staff needs about 27 spaces.

4. 04

   Play yard placement in TCE: Section 9-3.554 sets frontage zones along Camino Capistrano, Ortega Highway, Del Obispo Street and nearby streets for ground-floor shops, restaurants and other sidewalk uses, says site walls and fences cannot block views of public spaces or sit where a frontage is required, and allows solid walls up to 96 inches at the back of lots. Plan the fenced outdoor area behind the building, not along a required street frontage.

5. 05

   State licensing sets the floor plan: 22 CCR 101238.3 requires 35 sq ft of indoor activity space per child, 22 CCR 101238.2 requires 75 sq ft of outdoor space per child inside a fence at least four feet high, and 22 CCR 101239 requires one toilet and one handwashing fixture per 15 children. At Marbella Montessori's capacity of 124, that is 4,340 sq ft indoors, 9,300 sq ft of yard and 9 toilets. Fairmont's license shows CDSS will grant restroom-sharing waivers on a school campus.

6. 06

   Approvals to line up: 22 CCR 101171 requires every child care center to secure and keep a fire clearance from the local fire authority or State Fire Marshal. In NC and GC, make the lease contingent on the conditional use permit under Section 9-2.317, the fire clearance and the CDSS license, and in TCE on the fire clearance and license.