Law Would Restrict Home-Based Day Care : Thousand Oaks: The proposed ordinance would give neighbors the right to protest the granting of a permit if they felt a facility would create excessive noise or traffic.

A proposed Thousand Oaks law could require owners of home-based day-care centers to fence their yards with solid block walls or to restrict children’s play hours--but only if neighbors complain about unbearable noise.

The Thousand Oaks City Council will consider the day-care ordinance on Tuesday, as part of its continuing effort to regulate small businesses without crushing entrepreneurial spirit.

The law would require all operators of large residential child-care centers, defined as those sheltering six to 14 children, to obtain a $75 special-use permit every three years.

Before granting the permit, the city would notify homeowners within 100 feet of the proposed day-care center. Those neighbors would have the right to protest during an administrative hearing, or to challenge the operator’s right to set up a business on a residential street.

Although the city has received only a handful of complaints about existing day-care centers over the years, some irate residents have announced they will not tolerate more child-care facilities in their neighborhoods.

“Even if you like children, and enjoy the sounds of their playing, hearing the noise all day long can be overwhelming,” a group of Foxmoor Hills homeowners wrote in a letter to the council. “Tranquillity, and the small-town character of our community would be affected negatively as the residential flavor evolved into a more commercial feel.”

Those same concerns recently prompted Thousand Oaks leaders to consider imposing stringent restrictions on other home-based businesses, such as photography, dog-grooming and auto repair. A draft ordinance would limit or ban any occupation that creates significant noise, traffic or fumes in a residential neighborhood.

Although day-care centers can generate as many disturbances as other businesses, the city has little control over them because the state assumes sole responsibility for most child-care regulation.

Cities cannot regulate day-care homes with fewer than six children, and cannot place onerous burdens on larger centers.

“We have to recognize that there’s a very big need for these facilities, and regulating them should be on a common-sense basis,” Councilman Frank Schillo said.

The proposed law, drafted by city staff after months of consultation with politicians and day-care providers, seeks to codify those common-sense criteria.

As a compromise, “I don’t think it’s out of line,” day-care provider Michelle Cope said.

But her own center could be forced out of business by a section of the law prohibiting large home-based day-care centers from operating within 300 feet of one another.

As written, the draft contains no grandfather clause, and Cope’s day-care center stands right next door to a similar facility.

Cope also worried that other providers might try to avoid the $75 fee and the red tape--a one-page form and a site plan of the center--by failing to register with the city. “I don’t know how enforceable this would be,” she said.

In fact, few of Thousand Oaks’ 30 large home-based centers held city permits under the old municipal code, which required operators to fill out extensive paperwork and ante up a $390 fee.

Recognizing that law was impractical, the city drafted the new ordinance, which received endorsement from the Planning Commission in July.

The proposed changes would require care-givers to explicitly agree to keep noise and traffic within city standards. If neighbors complained, a city code enforcement officer would investigate and could recommend revoking the permit unless the day-care operator took steps to solve the problem.

For example, the owner might have to fence the yard with solid walls or stagger drop-off times so cars didn’t pile up outside the center.

In a concession to day-care owners, city staff eliminated a provision that would have automatically sent Thousand Oaks inspectors to every facility.

Still, some day-care providers are concerned that the law could allow city officials to meddle in their businesses by forcing them to move jungle gyms or limit outdoor play if neighbors complain about noise.

“My concern is the law’s open-endedness,” said Lisa Cummins, who cares for 14 children in her day-care center. “A lot of it is coming from an adult point of view, and not considering how children act.

“If for some reason, someone complains about traffic, am I to pay for a circular driveway?” Cummins asked. “If someone doesn’t want to see play equipment, are we to put up solid wall blocks? These are expensive changes, and we’re not rich.”