Burbank Told to Set Day-Care Standards

A Los Angeles Superior Court judge on Monday ordered Burbank to draft an ordinance that would set standards for granting permits to providers of home child-care services.

Ruling that the city’s permit process violates state law, Judge Kurt Lewin gave the Burbank City Council 60 days to draft an ordinance that sets “reasonable standards” for the issuance of permits for “large family day-care homes.”

Under state law, such homes are allowed seven to 12 children.

The ruling resulted from a lawsuit filed April 5 on behalf of Kathleen Angelheart, who in March was denied a conditional-use permit to operate a day-care facility at her Burbank home.

Child-care facilities are licensed by the state. Angelheart had already received a state permit when Burbank denied the conditional-use permit.

The lawsuit asked that Burbank’s permit process be declared in violation of state law.

The suit contends that Burbank has been hostile to large family day-care homes in residential areas.

State law prohibits cities from banning the homes. Cities are allowed only to set standards concerning noise, traffic, parking and the number of homes per neighborhood, said Pegine Grayson, an attorney for the plaintiff. Michael Magnuson, another attorney for Angelhart, argued in court papers that Burbank has no ordinance setting reasonable standards for residential day-care facilities.

“The absence of any standards whatsoever governing the operation of these homes will necessarily result in the arbitrary denial of all permits to operate day-care homes,” Grayson said.

Burbank requires that home operators seek conditional-use permits and mandates that public hearings be held on each proposed home, Grayson said. State law requires a public hearing only if one is requested by an interested party or by the applicant, she said.

Assistant City Atty. Juli Scott argued that Burbank’s regulation of home day-care facilities is not preempted by state law and that the city, under state law, is allowed maximum control of zoning.

Lewin ordered the city to return to court with the new standards Aug. 15.