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Novato, CA Building Safety: Childcare Center Rules (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Center threshold
15 or more children
Permit
Use Permit approval under § 19.42.050
Minimum parcel
10,000 square feet
Parking
At least one space per employee on the largest shift
Drop-off
Safe pickup area in a driveway or approved parking area
State license
Required from the California Department of Social Services

Summary

In the City of Novato, Marin County, California, a child day care center serving 15 or more children needs Use Permit approval under § 19.42.050 and must meet the standards in Novato Municipal Code § 19.34.070.A.3: a 10,000 square foot minimum parcel, at least one parking space per employee on the largest shift, and a safe pickup and drop-off area. State licensing is required.

A.Applicability. ... Child day care facilities shall be allowed as follows: ... 3.Child Day Care Centers (15 or More Children). Allowed in the zoning districts determined by Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), subject to Use Permit approval, in compliance with Section 19.42.050, and the standards as follows:a.The minimum parcel size for a child day care center shall be 10,000 square feet;b.Off-street parking shall be as determined through Use Permit approval, but shall be a minimum of one space per employee on the largest shift.c.A safe area for picking up and dropping off children shall be provided. This activity shall only be allowed in a driveway, in an approved parking area, or in an area with direct access to the facility.d.Potential noise sources shall be identified during the Use Permit process, and noise attenuation and sound dampening shall be addressed. ... e.Alternative Standards. Alternatives to the standards of this Section may be authorized through the Use Permit approval if the Review Authority determines that:(1)The intent of these standards is met; and(2)There will be no detriment to surrounding properties or residents.

Full Breakdown

Section 19.34.070 sets location and operational standards for child day care facilities in addition to the rest of the Zoning Ordinance and the requirements of the California Department of Social Services, and it states that licensing by the Department of Social Services is required for all facilities. The glossary in § 19.60.020 defines a Child Day Care Center as a commercial or non-profit facility designed and approved to accommodate 15 or more children, including infant centers, preschools, sick-child centers and school-age day care, whether run with a school or church facility or as an independent land use.

A center is allowed in the zoning districts determined by Article 2, subject to Use Permit approval under § 19.42.050. In the residential district table (Table 2-4), the row for day care of 15 or more persons prints UP in every residential column, against P for 14 or fewer persons. Subsection A.3 then sets the standards. The minimum parcel size is 10,000 square feet. Off-street parking is determined through Use Permit approval but is a minimum of one space per employee on the largest shift. A safe area for picking up and dropping off children must be provided, and that activity is allowed only in a driveway, in an approved parking area, or in an area with direct access to the facility. Potential noise sources are identified during the Use Permit process, noise attenuation and sound dampening must be addressed, and noise levels must comply with § 19.22.060 and the Safety and Noise Chapter of the General Plan.

Alternatives to the standards are possible only through the Use Permit, and only if the Review Authority determines that the intent of the standards is met and that there will be no detriment to surrounding properties or residents. Because the permit is discretionary, a center that breaks its conditions risks revocation after a public hearing under § 19.59.070, with written notice delivered ten days before the hearing.

Violations & Fines

Operating a center without Use Permit approval, or outside its conditions, is a use contrary to the Zoning Ordinance and a public nuisance under § 19.59.040. The Director can serve a Notice of Violation with 30 days to correct, a violation is a misdemeanor or an infraction at the election of the City or its prosecuting official, and under § 19.59.070 a permit can be revoked or modified when its conditions have been violated. State licensing by the Department of Social Services is required for every facility.

Frequently Asked Questions

What counts as a child day care center in Novato?
A facility designed and approved to accommodate 15 or more children, whether commercial or non-profit. The § 19.60.020 glossary lists infant centers, preschools, sick-child centers and school-age day care as examples, and says a center can run in conjunction with a school or church facility or as an independent land use.
How much parking does a Novato day care center need?
The amount is determined through Use Permit approval, but the floor is one space per employee on the largest shift under § 19.34.070.A.3.b. The center must also provide a safe area for pickup and drop-off, allowed only in a driveway, an approved parking area or an area with direct access to the facility.
Can the day care center standards be relaxed?
Yes, but only through the Use Permit. Subsection A.3.e lets the Review Authority authorize alternatives if the intent of the standards is met and there will be no detriment to surrounding properties or residents. The minimum parcel size, parking floor and drop-off rule are the baseline the alternative has to answer.
How is noise from a day care center handled?
Potential noise sources are identified during the Use Permit process, and noise attenuation and sound dampening must be addressed. Noise levels must comply with § 19.22.060 (Noise) and the Safety and Noise Chapter of the General Plan, so the conditions of approval can carry specific noise measures.
Do home day cares need the center Use Permit?
No. Small family day care homes (8 or fewer children) and large family day care homes (9 to 14 children) are covered by subsections A.1 and A.2 as uses allowed within a single-family residence in a residential zoning district. The 10,000 square foot parcel standard and the other items in A.3 are written for centers of 15 or more.

Sources & Official References

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