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HomeMy WebLinkAbout1997-05-07; Planning Commission; ; ZCA 93-01|LCPA 97-03 - CHILD CARE ORDINANCE'rne City of CARLSBAD Planning Department A REPORT TO THE PLANNING COMMISSION ItemNo.@ Application complete date: NA P.C. AGENDA OF: MAY 7, 1997 Project Planner: Adrienne Landers Project Engineer: NA SUBJECT: ZCA 93-01/LCPA 97-03 -CHILD CARE ORDINANCE -A Zone Code Amendment and Local Coastal Program Amendment adding Chapter 21.83 to the Carlsbad Municipal Code and amending various sections of the zoning ordinance to address the provision of small and large family day care homes as well as child day care centers throughout the City. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4092, RECOMMENDING APPROVAL of the Negative Declaration issued by the Planning Director and ADOPT Planning Commission Resolutions No. 4093 and 4094, RECOMMENDING APPROVAL of ZCA 93-01 and LCP A 97-03 based on the findings contained therein. II. INTRODUCTION The proposed zone code amendment addresses revisions to child care regulations as follows: 1. Updates current regulations with regard to small and large family day care homes to provide consistency with State law; 2. Provides development standards for child day care facilities; 3. Allows child day care centers in certain zones as a permitted use and in other zones as a use approved by administrative permit; 4. Permits child day care centers in industrial zones as an ancillary use with approval of a condition use permit; 5. Requires new master plans to reserve a site for child day _care centers; and 6. Amends the zoning ordinance to revise current child day care requirements and presents these regulations as a new Chapter (21.83) of the zoning ordinance to create a more user-friendly document for potential child care providers. The proposed revisions are consistent with all applicable policies and regulations; all issues have been resolved. III. PROJECT DESCRIPTION AND BACKGROUND In 1991, the City Council accepted the Carlsbad Child Care Needs Assessment and Recommendations Summary Report prepared for the City by the International Child Resource Institute. This document assessed the demand for child care, evaluated the supply of child care 0 ZCA 93-01/LCPA 97-03 -L,tlILD CARE ORDINANCE MAY 7, 1997 PAGE2 services, and proposed recommendations to make child care more affordable and accessible in Carlsbad. Preparation of the study revealed a number of inconsistencies in the Zoning Ordinance with regard to child care which make requirements difficult for a novice to understand. Child day care centers are permitted by right in the multi-family R-3 zones but are permitted by conditional use permit in the multi-family RD-M zones. Child day care centers are permitted by CUP in the industrial zones but, for safety reasons, have been discouraged from locating in these zones by City staff. Large family day care home regulations have not been updated to be consistent with State law. In many zones child day care centers are not addressed, either as a permitted or prohibited use; potential providers have "worked around" this issue by calling their facility a "school" which is allowed in any zone with a CUP. In addition, there are no development standards clearly outlined in the code so providers do not know ahead of time what requirements they must follow. The land use recommendations in the Summary Report suggested that the City lower processing fees; prepare a flow chart of the planning process; present child care standards as one chapter of the zoning ordinance; and consider requiring child care sites in new master plan documents. These suggestions were based on the study's :findings that many potential child care providers have decided not to develop child care facilities in the City due to high fees; unclear and complex regulations and long application processing times. As a result, staff began the preparation of a child care ordinance to clarify and expedite the processing of child day care facilities. This effort took the form of a separate chapter of the zoning ordinance with the following objectives in mind: 1. Update current regulations with regard to small and large family day care homes to reflect changes in State law; 2. Prepare clear, concise development standards so child care providers would know in advance the types of design criteria that would be required of them; 3. Allow child day care centers as a use permitted by right or by administrative permit rather than as a conditional use where possible, thereby reducing fees and processing time for potential child care providers; 4. Permit child day care centers in industrial zones if health, safety, and economic impacts could be reduced to reasonable levels of impact; 5. Consider child day care facilities when preparing new master plans; and, 6. Create a more user-friendly document by placing all regulations in one section of the zoning ordinance rather than scattered throughout the code as is currently the case. Major Features of The Proposed Ordinance The proposed zone code amendment includes several new features. In response to the recommendations of the Summary Report, all child care regulations are proposed to be addressed in a new chapter of the zoning ordinance. Previous child care references are deleted from the current code or replaced with cross-references to the new ordinance. Potential child care providers will have all necessary provisions in one chapter of the zone code and will easily be able to locate the requirements of each zone. ZCA 93-01/LCPA 97-03 -l-tlILD CARE ORDINANCE MAY7, 1997 PAGE3 Regulations regarding small and large family day care homes are updated to reflect changes in State law allowing an increased number of children in these types of child care facilities. Additional provisions are added to the section addressing large family day care homes to provide increased compatibility with surrounding property owners. In certain commercial zones (C-1 and C-2), the Hospital Overlay Zone, school sites and developed church sites (except in industrial zones), child day care centers are proposed to be allowed as permitted uses when required development standards are met. In multi-family and office zones, child day care centers are proposed to be allowed with an administrative permit when required development standards are met. Employer-sponsored child day care centers are proposed to be permitted in industrial zones (PM and CM) with a conditional use permit but are still prohibited in the manufacturing (M) zone. Conditions are proposed to provide a reasonably safe environment for children while ensuring that nearby industrial property owners will be economically impacted as little as possible. Maintaining compatibility with surrounding industrial properties is designated as the responsibility of the company offering the employer-sponsored child day care center. The proposed amendment requires new residential master or specific plans to reserve a site for a child care facility for five years after issuance of the first residential building permit. Each of these features is discussed in more detail in the Analysis section below as well as the proposed project's compliance with the General Plan and the Local Coastal Plan. The City's Zoning Ordinance also functions as the implementing zoning for Carlsbad's Local Coastal Program (LCP). Accordingly, a Local Coastal Program Amendment is being processed to ensure consistency between the proposed zone code amendment and the City's LCP. IV. ANALYSIS The recommendation for approval ·of this zone code amendment was developed by analyzing the accomplishment of the project objectives as well as compliance with applicable policies and regulations listed above. Each of these items are reviewed in separate discussion sections below. A. General Plan Consistency The proposed new ordinance is consistent with the Land Use Element of the General Plan and directly addresses Policy C. l 0, Overall Land Use Pattern. This policy states the City should: "Encourage and promote the establishment of child care facilities in safe and convenient locations throughout the community to accommodate the growing demand. for child care in the community caused by demographic, economic, and social forces." This policy is proposed for implementation in several ways. By presenting all child care standards in one chapter of the zoning ordinance, the proposed zone code amendment creates a more user-friendly tool for potential child care providers. In addition and as discussed in the following sections, required regulations are easier to understand and potential child day care locations are easier to identify; the child day care review process has been eliminated or streamlined; compatibility has been improved in single family neighborhoods and industrial zones. Further, child day care centers ZCA 93-01/LCPA 97-03 -LtlILD CARE ORDINANCE MAY7, 1997 PAGE4 can now be conditionally located in the City industrial parks to serve employees' child care needs. Consistent with the General Plan, all of these revisions contribute to encouraging and promoting the establishment of additional child care facilities in Carlsbad. B. Code Update to Comply with State Law The proposed ordinance also updates the City's current family day care home regulations consistent with recently revised State Law. In 1984, the State of California determined that there was an insufficient number of family day care homes in the State. The State also concluded that there would continue to be a growing need for such homes and mandated local jurisdictions to adopt regulations to facilitate the establishment of small and large family day care homes. "Family day care homes" are defined as being a family dwelling which regularly provides non- medical care, protection and supervision of children, in the providers' own home, for periods of less than 24 hours per day, while the parents or guardians are away". These include both small family day care homes with fewer than 8 children under the age o_f 10 and large family day care homes with fewer than 14 children under the age of 10. State law allows cities to regulate large family day care homes in four areas: spacing, traffic control, parking and noise. These homes are not considered a change of occupancy for Fire or Building Code purposes and may not be precluded by CC&Rs. Simply, cities may regulate such facilities to some extent but may not prolµbit them. This mandate has caused frustration among single family home owners who believe they are affected by noise as well as traffic, and who believe their peace of mind and property values are impacted. In 1985, the City did address this mandate through an administrative permit process and adopted regulations for large family day care homes stipulating the provision of adequate ingress and egress; a 1,200 foot separation between large family day care homes; and leeway to require a fence for noise mitigation. Current City regulations define small family day care as homes accommodating 1-6 children and large family day care accommodating 7-12 children. The State recently increased the number of children· permitted in each type of home as follows: small homes at fewer than 8 children and • 1arge homes at fewer than 14 children. The proposed ordinance reflects the increased numbers of children allowed in each type of home and provides the following additional measures to facilitate neighborhood compatibility: 1. Garages must be used to park two of the providers' on-site vehicles during the daily operation of the day care home and are not allowed to be used as part of the child care facility; 2. Outdoor play areas must be in the rear yard and fenced; 3. The number of children playing outdoors at any one time must be staggered and play hours may begin no earlier than 9:00 a.m. and end no later than 5:00 p.m.; 4. The providers' driveway must be designated as the official drop-off and pick-up location; 5. Providers must direct employees to park as close as possible to the day. care home to inconvenience nearby property owners as little as possible; 6. A 1,200 foot separation must be maintained between large family day care homes; 7. A minimum lot size of 7,500 sq. ft. is required and Large Family Day Care Homes are prohibited from locating on the bulb of a cul-de-sac; and ZCA 93-01/LCPA 97-03 -LtlILD CARE ORDINANCE MAY 7, 1997 PAGES 8. If the subject site is being rented or leased, the applicant must provide written proof that the property owner has been notified of the applicant's intent to operate a large family day care home on the subject property. These requirements meet with the intent of State law and provide increased compatibility with nearby property owners. Although nearby homeowners may find that not all impacts are eliminated, the impacts have been minimized as much as possible while still allowing the City to maintain compliance with State directives. C. Development Standards The proposed child care ordinance includes development standards for all child day care centers. The purpose of including these provisions is twofold. One, child care providers will now know in advance what requirements they have to comply with in order to operate a child day care center in the City. Two, with the assurance that these basic standards would be met, the proposed ordinance recommends that the City allow some child day care centers to be considered as a permitted use or as an administratively-approved use, thereby reducing processing time and expense for potential child care providers. The proposed development standards are general in nature and address measures commonly required by other jurisdictions. Provisions include fencing, loading and unloading areas, and outdoor play areas. The standards function to make the centers safer for children and more compatible with nearby properties. Interior design, staffing, etc. are regulated by the State and are not included in the proposed ordinance. The proposed standards are consistent with all other sections of the zoning ordinance as well as accepted engineering practices. Parking standards have also been included to create a more-user friendly code by having all standards for child day care centers in one chapter of the code. Parking requirements remain the same as current standards with one exception. Up to 50 percent of the parking facilities required for a church are proposed to be jointly available to an on-site, accessory child day care center provided there is no substantial conflict in the principal operating hours of the buildings or uses. This provision is not available to churches located in industrial areas but is available on all other developed church sites. The impacts of locating a child care facility in an existing building on this type of site create no greater parking impacts than those produced by a church use itself. For example: in the case of a small church of 19,600 sq. ft. the parking requirement would be 196 spaces. On the other hand, a child day care center of 19,600 sq. ft. for 135 children has a parking requirement of only 26 spaces. The impacts are reduced even further when one considers that a child care facility is utilized during the week and the church on weekends. Section 21.44.050 (Parking) of the zoning ordinance includes provisions for this type of joint use parking when the parking area is shared primarily by daytime and nighttime uses. The case of child care and churches is similar except that the parking is shared by a weekday use and a weekend use. The proposed zone code amendment to permit this shared parking is consistent with the intent of Section 21.44.050 as discussed above. ZCA 93-01/LCPA 97-03 -\.,tlILD CARE ORDINANCE MAY 7, 1997 PAGE6 D. Small and Large Family Day Care Homes and Child Day Care Centers by Zone Zoning designations proposed to allow small and large family day care homes as well as child day care centers can be found on the following use chart. Permitted, administrative, conditional, and prohibited uses are shown as follows: "P" Indicates that the use is permitted in the zone. "A" Indicates that the use is permitted subject to approval of an administrative permit. "C" Indicates that the use is permitted subject to approval of a conditional use permit. "X" Indicates that the use is prohibited in the zone. RA,RE,EA R-1 R-2 R-3, RD-M, RP RT,RW, RMHP 0 HO C-1, C-2 PM,CM M, PU, OS, LC,TC,CT VR,PC !i!lli!,;!:::}}'.: ':ti' '''i':'''' '·•·• ,:,uy:aa ViOAY,.c p p p p p X X X X X (4) '':_:!CRIED::JlAY· ·.•'CARE', 'CENTER'· P(l) X P(l) X P(l} X P(l) A(2) P(l) X X A(2) X P(3) X P(3) X C X X (4) (4) 1------Permitted only when the large family daycare home is located on a lot occupied by a detached, single family dwelling on a lot of 7,500 square feet or more by ministerial approval without a public hearing and subject to the provisions of Section 21. 83. 050 of this Chapter. 2------Permitted subject to the provisions of Sections 21. 83. 070 and 21. 83. 080 of this Chapter. 3------Permitted subject to the provisions of Section 21.83.080 of this Chapter and any requirements of a regulating document, e.g., a site development plan. 4------Permitted subject to the standards of the regulating document (Village Redevelopment Master Plan and Design Guidelines or designated Master Plan) and the provisions of Section 21. 83. 080 of this Chapter. As indicated in the above land use chart, child day care centers are allowed by right, by administrative permit, and by conditional use permit. In evaluating which process would be appropriate in each zone, staff viewed land use compatibility and child safety as the main considerations. Staff also evaluated whether a proposed child day care center would create noise, traffic, safety, or economic impacts that were greater than the impacts generated by the existing, surrounding uses. ZCA 93-01/LCPA 97-03 -CfilLD CARE ORDINANCE MAY 7, 1997 PAGE7 In the C-1, C-2 zones and in the Hospital Overlay Zone, child day care centers are proposed as permitted uses. In these zones, higher levels of noise and traffic generation are expected and child care facilities have proven to be a compatible land use by not significantly increasing the levels of noise or traffic impacts. Proposed development standards discussed in the preceding section are generally the only standards necessary to create compatibility and address safety issues. To expedite processing, these requirements will be reviewed during building plan check or business license inspection rather than as part of a discretionary permit review. The obligation of complying with the required development standards and any requirements of a regulating site document (e.g., a site development plan for a shopping center) should address any impacts caused by the child care center. An additional layer of discretionary review is not necessary as evidenced by the fact that child day care centers have been allowed in the City in or near these zones for years without incident. In some zones where there may be issues of compatibility (multi-family zones and office zones), an administrative permit is required. This provides the opportunity to add any conditions necessary to create a better interface between the child care facility and nearby land uses. The administrative permit also gives nearby property owners/residents the opportunity to comment on the project. A conditional use permit is required in industrial zones where the issue of land use compatibility needs to scrutinized most closely. This item is discussed in more detail in Section "E" below. The proposed land use procedures provide adequate review to ensure compatibility between land uses, to provide a safe environment for children, and to allow the opportunity for public input. At the same time, the levels of discretionary review and subsequent processing time have either been eliminated or substantially reduced except in the most necessary cases-the industrial zones. E. Child Day Care Centers in the Industrial Zones In 1996, Council directed staff to hire a consulting firm, David J. Powers and Associates to prepare a study, Child Care Facilities in Industrial Areas, evaluating the health, safety, and economic impacts of locating child day care centers in Carlsbad's industrial zones. The subsequent report indicated that the impacts of permitting child care facilities in these zones could be minimized but not eliminated. Council considered the health, safety and economic impacts as well as the land use impacts and directed staff, in the proposed child care ordinance, to allow child care centers in industrial areas upon approval of a conditional use permit. The proposed ordinance addresses these areas of impact to the greatest extent possible. Section 21.83.070 of the draft ordinance requires the company proposing the employer- sponsored child day care center to comply with certain conditions to provide a reasonably safe environment for children and to maintain compatibility with nearby industrial uses.. Proposed conditions also place the responsibility for continued compatibility with the child day care center rather than with the industrial use. However, if the industrial property owner is creating an unsafe situation by operating illegally in violation of fire or building code requirements, then the ZCA 93-01/LCPA 97-03 -L-tlILD CARE ORDINANCE MAY7, 1997 PAGE8 industrial property owner would be held responsible for correcting the situation. Main provisions of this section require the following: 1. A health risk analysis provided by the sponsoring company, which surveys nearby businesses and demonstrates that no acutely ha2.ardous materials above certain quantity levels are used or stored within 1,000 feet of the child day care center; 2. An evacuation plan which demonstrates that children can be safety evacuated from the center within 5 minutes and relocated to a safe area within 10 minutes; 3. An acknowledgment indicating that parents are aware that their children may be subject to exposure of health and safety risks due to the presence, use and discharge ofha7.ardous materials in the area; 4. A legal agreement from the sponsoring company consenting to discontinue operation of the center immediately upon discovery of the existence of ha7.ardous materials as outlined in the ordinance. The sponsoring company would have 90 days to mitigate the impacts or the conditional use permit for the child day care center would become null and void; and 5. A conversion plan, submitted with the CUP application by the sponsoring company, which demonstrates that the child care facility could be converted to a use permitted within the zone should the child care facility discontinue as a permitted use. After lengthy analysis of the health and safety issues of locating child day care centers in the industrial zones, staff believes the proposed ordinance addresses these issues as comprehensively as possible while providing a reasonably safe environment for children. The proposed requirement of a 1,000 foot buffer distance between the child day care center and companies using acutely hazardous materials above certain quantities reduces health and safety risks to an acceptable level. The sponsoring company's agreement to potentially discontinue operation of the center reduces economic impacts by establishing industrial activity as the priority with respect to land use. It establishes the right of industry as more prominent to those of dissimilar uses, but allows the dissimilar use as long as no conflict exists. In addition to reducing economic impacts for industrial property owners, the proposed ordinance provides child care in close proximity to the work place, retains City decision-making authority, and finally, allows the City to continue to attract target industries. While the proposed ordinance does not eliminate health and safety risks, it does provide a means by which each can be minimized. F. Reservation of Child Day Care Centers in New Master Plans Another recommendations of the Summary Report suggested that consideration be given to the development of child care as a component in new master plans. The proposed ordinance addresses this recommendation by including provisions for each new residential master plan to reserve a site for a child day care center of reasonable size for a period of five years from the date of issuance of the first residential building permit within the master plan area. The intent of this requirement is to set aside a site for a potential child care facility until there is adequate nearby residential development to create a demand for a day care center rather than trying to retrofit a center after development has already occurred. During review of recent master plans, staff has required developers to provide child day care center sites as a means of meeting the child care ZCA 93-01/LCPA 97-03 -\..,tllLD CARE ORDINANCE MAY7, 1997 PAGE9 needs of the master plan neighborhood. Some of these plans include Arroyo La Costa, Kaiza, Zone 20, and the proposed Poinsettia Properties Specific Plan. This provision meets the demand for child care within master planned communities but does not penalize the developer if the market demand does not materialize. G. Local Coastal Program Amendment Because the Zoning Ordinance functions as the implementing zoning for Carlsbad's Local Coastal Program, all amendments to the zone code require the processing of a Local Coastal Program amendment. As a legislative document, the proposed ZCA is consistent with all LCP policies because no physical land use changes or impacts are proposed at this time. In addition, no changes are proposed to the coastal land use map. All future child day care centers will be reviewed for compliance with the implementing zone and all pertinent coastal regulations. V. ENVIRONMENTAL REVIEW Environmental review for this legislative action was performed and staff determined that no significant environmental impacts will result from the approval of this zone code amendment. Proposed regulations addressing child day care centers will allow the development of these facilities to occur in areas consistent with existing land uses. By providing an opportunity for a potential increase in child day care centers, both traffic circulation and air quality will be incrementally improved. Parents may be able to place children in centers closer to their homes or place of employment thereby reducing the number of daily automobile trips which would improve traffic congestion and contribute to the improvement of air quality. Mitigation measures have been included in the proposed ordinance to create a safe environment for child day care centers in the industrial zones and reduce impacts to a level of insignificance. In addition, future child day centers proposing to locate in industrial zones will be required to perform additional environmental review which may further mitigate impacts. This is an improvement over present policies which do not address safety factors or the use of hazardous materials. The environmental review of this project indicates that all impacts have been reduced to a level of insignificance and that instead, environmental conditions will be improved as a result of this zone code amendment. To that effect, a Negative Declaration was prepared for Planning Commission and was noticed for a 30 day public review period on April 3, 1997. No comments were received during the public comment period. Fees for Large Family Day Care Homes and Child Day Care Centers Although not a part of this zone code amendment, staff has researched the fees charged by other cities for large family day care homes and child day care centers (Exhibit "B"). This was done in an effort to reduce fees as much as possible to encourage the provision of child day care facilities in Carlsbad. Although the establishment of fees is not included in the purview of the Planning Commission, staff has included it as an item of information As noted earlier, to enc.ourage and promote the establishment of child day care centers in the City, staff has streamlined and expedited the discretionary review process. The requirement for a Conditional Use permit has been reduced in many zones and replaced by an Administrative Permit. A fee of $250 is proposed for an Administrative Permit to reflect the reduced requirement for staff review. This ZCA 93-01/LCPA 97-03 -'--tlILD CARE ORDINANCE MAY7, 1997 PAGE 10 fee is less than the actual cost of providing the service but is proposed as a means of encouraging and supporting child day care in the City. The existing fee amounts of $125 for a Large Family Day Care Permit (minimum cost of service approximately $450) and $2,500 for a Conditional Use Permit are proposed to remain as existing. ATTACHMENTS: 1. Planning Commission Resolution 4092 2. Planning Commission Resolution 4093 3. Planning Commission Resolution 4094 4. Exhibit "A", Redline/Strikeout Version dated May 7, 1997 5. Exhibit "B", Fee Survey dated May 7, 1997 6. Exhibit "C", Flowcharts dated May 7, 1997. EXHIBIT "A" MAY 7, 1997 REDLINE/STRIKEOUT VERSION OF PROPOSED REVISIONS TO TITLE 21 Definitions Child Care Redline SECTION I: That Title 21, Chapter 21.04 of the Carlsbad Municipal Code is amended by amendments to Sections 21.04.086, 21.04.140, 21.04.146, and 21.04.147 and the additions of new Sections 21.04.170, and 21.04.149 to read as follows: 21.04.086 Child Day Care Center. "Child Day Care Center" means 9ff¥ a facility, of aRy sar:»asify, other than a family daycare home as de:fiRed iR this shapter iR whish less thaR W.'eRt)' four hour J:)0r day which provides non-medical care, protection and supervision is J:lro>w1ieoEI for children iR a group seHiRg .under 18 years of age for periods of less than 24 hours per day " Child day care center" includes preschools, nursery schools, employer-sponsored day care facilities and before and after- school recreational programs, but does not include public or private elementary schools. 21.04.140 Educational Institution or School. "EElusatioRal iRstitutioR meaRs kiRdergarteR, elemeRtary, juRior high aRe high sshools, solloges or uRi11ersities or other sshools gi¥iRg geReral asaElemis iRstrustioR iR se>w1oral l':lraRshes of learRiRg aRe study reEJuirod to ee taught ey the EElusatioR of tho State of Califomia. Educational institution or school means an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university. 21.04.146 Large Family Day Care Mame Family Day Care Home. "Large family Elaysaro home" moaRs a home whish pro>.tidos saro, protestioR aRd s1:1pentisioR of se110R to &¥ol1i.to shildroR, iRsl1:1si110, iRsh::1diRg shilElreR who rosiEle at the homo. IA tho saregi'Jor's 0'1'iR homo for perioEI of loss thaR t\t.'eRfy fo1:1r ho1:1rs per day, ·.t:hilo the paroRts or g1:1arEliaRs are a·1i-ay."11Family Day Care Home" means a single family dwelling which regularly provides non-medical care, protection, and supervision of 14 or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away. The actual number of children permitted in a Family Day Care Home is based on age composition as determined by the State of California, Department of Social Services. Family Day Care Homes include Large or Small Family Day Care Homes. Page 1 EA RA Child Care Redline 21.94.147 FaFRily daysare heFRe, eFRall. "SFRall faFRily eaysare l=lsFRo" FRoaRs a hsFRe whioh pF01.•iees oare, prc>toetioR aRe s1:1porvisisR sf siM sr ferl.«or shileroR, iRelbleing shileron who resiee at tho hoFRe, iR tho saregi11or's owR l=lsFRo for porise sf loss thaR twenty foblr hoblrs per aay, while paroRts er g1:1aFaiaRs are ati.•~a'f. 21.04.147 Family Day Care Home, Large. "Large Family Day Care Home" means a detached, single family dwelling which provides family day care for 7 to 14 children, inclusive, including children under the age of 10 years who reside at the home as defined in Section 1596.78 of the California Health and Safety Code and permitted by the licensing agency. 21.04.148 Family Day Care Home, Small. "Small Family Day Care Home" means a detached, single family dwelling which provides family day care for eight or fewer children, including children under the age of 10 years who reside at the home as defined in Section 1596. 78 of the California Health and Safety Code and permitted by the licensing agency. 21.04.149 Employer-sponsored Child Day Care Center. "Employer-sponsored Child Day Care Center" means any Child Day Care Center at the employer's site of business and operated directly or through a provider contract by any person or entity having one or more employees, and available exclusively for the care of that employer, and of the officers, managers, and employees of the employer. 21.04.170 Director. "Director'' means the Director of Planning unless otherwise specified. SECTION II: That Title 21, Chapter 21.07, Section 21.07.020 of the Carlsbad Municipal Code is amended by the additions of Subsections 21.07.020(15) and (16) to read as follows: "(15) Small Family Day Care Homes; (16) Large Family Day Care Homes, subject to the provisions of Chapter 21.83." SECTION Ill: That Title 21, Chapter 21.08 of the Carlsbad Municipal Code is amended by the additions of Subsections 21.08.01 O (11) and 12) to read as follows: "(11) Small Family Day Care Homes; (12) Large Family Day Care Homes, subject to the provisions of Chapter 21.83." Page2 RE R-1 Child Care Redline SECTION IV: That Title 21, Chapter 21.09 of the Carlsbad Municipal Code is amended by the addition of Subsections 21.09.020(8) and (9) to read as follows: "(8) Small Family Day Care Homes; "(9) Large Family Day Care Homes, subject to the provisions of Chapter 21.83. 11 SECTION V: That Title 21, Chapter 21.10, of the Carlsbad Municipal Code is amended by the amendment of Subsections 21.10.010 (11) and (12) to read as follows: "(11) Small Family Day Care Homes; JUO¥iding eaFe fer siK er fewer ehildFen. (12) ~'\) barge family dayeaFe hemes pFe•.tiding eaFe fer s011on te t\•,ol\«e ohildFen if a permit fer operation is fiFGt appro¥od by the lane yse planning manager. The land Yse planning manager shall issl::le a permit fer operation if the manager finEls: (i) .'\EJoqyate ingFess and ogFess to tho property is or i.ti.till be pro¥idoEI to ensl::lre the safe Elropping off anEJ pieking l::IP of ehilEIFen; (ii) The lot is not leeated Gieser than ene the1:Jsand t\¥0 h1:Jnered lineal feet ff:em another large family EJayeaFe Genter on the same stFeot. (iii) The lot is sitl::lateEI anEJ the play area designeEJ to minimize any ad¥oFGe noise impaets to aeijaeent prepertios. The land Yso planning manager may req1:1ire noise atten1:1ati0n meas1:1Fes (e.g. bleek wall) if ho EJotermines that tho 1:1so ool::lld GFeate s1:1eh impaots to aeijaoent properties; (i•I) That the applieant has or will ob~ain all lieenses and permile Fef:ll:liFed by state law fer operation of tho faeilify. The applioant shall keep all state lieenees or permits 11alid and Gl::IFFent. (v) The faoilily meole all applieable bl::lilding standards and will not ha•.«e a signifioant ad¥eFGe affoot on tho en•1ironment whioh oannot be miligated or fer wl=liol=I a finding ef o•.«erriding ooneideration oannot be made; (•ii) The fa~ilit:y meets all zoning standards othew,iso applioable to other single family Fesidenoee; Page3 R-3 RP R-T (Ii) Tl=le owner of tl=le sl:lbjeet preperty shall ffiake ·.•.1ritten applieation to the lanel l-:lse planning ffianager. Sl-:lel=I applieations l=lall inell-:lele all ffiaterials eeefl:lee neeessary ey the lane l-:ISe planning ffianager to show that the reetl:lireffients of Sl-:leseotien (A) are ffiet. The applieant shall pay a foe set l:ly City Col-:lnoil resoll-:ltion. (C) All property ewnor within three hl-:lnereel feet of the sl-:lbjoot propeffY shall ee notifieel in •1.1riting ef saiel FOEtl-:lesteet l-:ISO at least ten elays prior to the Eteoision of the lane l:lse planning manager. No hearing shall eehele l-:lnless reetl-:lesteel l:ly the applieant or an affeotee person. Tho Eteoision of the lane l:ls·e planning manager ffiay ee appealee to the planning eommission within fifteen oalenear Etays of the 11.1ritten Eteoision ef tl=te lane 1:1se planning manager. The appellant shall pay the eo&t of the appeal. (12) Large Family Day Care Homes, subject to the provisions of _, Chapter 21.38." SECTION VI: That Title 21, Chapter 21.16, is amended by the addition of Subsection 21.16.010(9) and (10) and Section 21.16.018 to read as follows: "(9) Small Family Day Care Homes (10) Large Family Day Care Homes, subject to the provisions of Chapter 21.83." 21.16.018 Child Day Care Centers by administrative permit. Child Day Care Centers may be permitted by administrative permit subject to the provisions of Chapter 21.83." SECTION VII: That Title 21, Chapter 21.18 is amended by the addition of Section 21.18.043 to read as follows: "21.18.043 Child Day Care Centers permitted by administrative permit. A. Child Day Care Centers may be permitted by administrative permit, subject to the provisions of Chapter 21.83." SECTION VIII: That Title 21, Chapter 21.20, Section 21.20.010 is amended by the addition of Subsection 21.20.010(6) and (7) to read as follow: 11(6) Small Family Day Care Homes Child Care Redline Page 4 HO RW RDM C-1 Child Care Redline (7) Large Family Day Care Homes, subject to the provisions of Chapter 21.83.11 SECTION IX: That Title 21, Chapter 21.21, Section 21.21.040 of the Carlsbad Municipal Code is amended by the addition of Subsection 21.21.040(3) to read as follows: "(3). Child Day Care Centers, subject to the provisions of Chapter 21.83." SECTIONX: That Title 21, Chapter 21.22, Section 21.22.010 is amended by the addition of Subsection 21.22.010(6) and (7) to read as follows: 11(6) Small Family Day Care Homes (7) Large Family Day Care Homes, subject to the provisions of Chapter 21.83." SECTION XI: That Title 21, Chapter 21.24, of the Carlsbad Municipal Code is amended by the repeal of Subsection 21.24.020(5) and the addition of Subsections 21.24.010(7) and (8) and 21.24.027 to read as follows: 1121.24.010 "(7) Small Family Day Care Homes. (8) Large Family Day Care Homes, subject to the provisions of Chapter 21.83." "21.24.027 Child Day Care Centers by administrative permit. A. Child Day Care Centers may be permitted by administrative permit, subject to the provisions of Chapter 21.83." SECTION XII: That Title 21, Chapter 21.26, Section 21.26.010 of the Carlsbad Municipal Code is amended by the addition of Subsection 21-.26.010(31) to read as follows: "(31) Child Day Care Centers, subject to the provisions of Chapter 21.83." Page5 0 CM M Child Care Redline SECTION XIII: That Title 21, Chapter 21.27 of the Carlsbad Municipal Code is amended by the addition of Section 21.27.021 to read as follows: "21.27.021 Child Day Care Centers by administrative permit. Child Day Care Centers may be permitted by administrative permit, subject to the provisions of Chapter 21.83." SECTION XIV: That Title 21, Chapter 21.27 of the Carlsbad Municipal Code is amended by the addition of Section 21.27.021 and the amendment of Section 21.27.040 to read as follows: ''21.27.021 Child Day Care Centers by administrative permit. Child Day Care Centers may be permitted by administrative permit, subject to the provisions of Chapter 21.83. Application for administrative permit shall demonstrate site design compatibility with surrounding development." "21.27.040 Site Development plan required. Approval of a site development plan processed according to the provisions of Chapter 21.06 shall be required for any development in the O zone except Child Day Care Centers." SECTION XV: That Title 21, Chapter 21.30., is amended by the addition of Section 21.30.011 to read as follows: "21.30.011 Uses and structures permitted by conditional use permit. Child Day Care Centers are permitted by conditional use permit, subject to the provisions of Chapters 21.50 and 21.83. ": SECTION XVI: That Title 21.32 is amended by the amendment of Section 21.32.010(1) to read as follows: "(1) Any use permitted in the C-M zone, except Child-Day Care Centers, except that a dwelling conforming to the yard requirements of the R-3 zone shall be permitted on the same lot on which a factory is located, and which dwelling is used exclusively by a caretaker or superintendent of such factory and his family." Page6 PM RMHP PC Parking Child Care Redline SECTION XVII: That Title 21, Chapter 21. 34, Section 21.34.030 of the Carlsbad Municipal Code is amended by the amendment of Subsection 21.34.030(4) to read as follows: (4) Child Day Care Centers, subject to the provisions of Chapter 21.83. SECTION XVIII: That Title 21, Chapter 21.37, Section 21.37.020 is amended by the addition of Subsection 21.37.020(7) and (8) to read as follows: 11(7) Small Family Day Care Homes (8) Large Family Day Care Homes, subject to the provisions of Chapter 21.83." SECTION XIX: That Title 21, Chapter 21.38, is amended by the amendment of Section 21.38.020 of the Carlsbad Municipal Code to read as follows: 21.38.020 Permitted uses and structures. "In the P-C, planned community zone, the permitted uses and structures shall be established by a master plan of development approved in accordance with this Chapter which may include any use found to be necessary and desirable for a community planned in accordance with the purposes of this Chapter, provided that such permitted uses and structures shall be consistent with the general plan and applicable specific plans. Any such master plan which includes a residential component shall include graphic plans and text to reserve a site within the master plan area for a Child Day Care Center of reasonable size for a period of five years from the date of issuance of the first building permit Prior to approval of a master plan, the property may be used as permitted by Chapter 21.07 for the E-A exclusive agriculture zone. After approval of a master plan, such agricultural uses may be continued if the master plan so provides." SECTION XX: That Title 21, Chapter 21.44, Section 21.44.050 of the Carlsbad Municipal Code is amended by the addition of Subsection 21.44.050(a)(4)(E) to read as follows: Page7 Child Care Redline 21.44.050 General requirements:. (E) Up to 50 percent of the parking facilities required by this Chapter for a church may be jointly utilized by an on-site, accessory, Child Day Care Center provided there is no substantial conflict in the principal operating hours of the church and Child Day Care Center. 11 Page8 FEE SURVEY ON CIDLD DAY CARE FACILITIES Chula Vista $350 NA $2000 Coronado $100 NA $2,395 Del Mar $350 NA Less than 501 sq ft-$350; 501-1500 sq ft-$750; 1501+ sq ft-$1200 El Cajon $750(SDP) $750 $750 Encinitas No fee NA $400 Escondido $130 NA $705 in existing bldg; $2755 in new bldg. Imperial $450 (Site plan $450 (Site plan $300 plus $450 for site plan Beach review) review) review plus time and materials La Mesa No fee NA $1,275 Lemon Grove $135 NA No CUPs for child day care centers. Permitted in commercial, none elsewhere National City $200 NA No CUPs for child day care centers. Permitted in commercial, none elsewhere Oceanside NoFee NA $1,828 Poway No Fee NA $1,600 San Diego $150 NA $2,000 San Marcos $425 (Minor CUP) NA $700 Santee $250 for more than 8 NA $250-800 existing bldg; % of children valuation. cost for new construction ($.003 X sq. ft) Solana Beach $750 (CUP) NA $750 Vista $3,152 (CUP) NA $3,152 EXHIBIT "B" MAY7, 1997 To encourage and promote the establishment of child day care centers in the City, staff has streamlined and expedited the discretionary review process. The requirement for a Conditional Use permit has been reduced in many zones and replaced by an Administrative Permit. A fee of $250 is proposed for an Administrative Permit to reflect the reduced requirement for staff review. This fee is less than the actual cost of providing the service but is proposed as a means of encouraging and supporting child day care in the City. The existing fee amounts of$125 for a Large Family Day Care Permit and $2,500 for a Conditional Use Permit are proposed to remain as existing. L ... tLD DAV CARE FLOWCH~.~TS LARGE FAMIL\' DA\' CARE HOME EXHIBIT "C" MAY 7, 1997 Planning Submit simple ¢ Staff Review ¢ Director application ______ _. Approval Building & ¢ Fire Inspection Obtain ¢ State License Obtain ¢ Business License Begin ¢ Operation Submit building plans for new construction/remodel 'No new construction or remodel Submit Application e Plans, and ' inary lnspec- Simpl Prelim tion b andW y Building, Fire ater I -0, Building & ¢ Fire Inspections PERMITTED USE Occupancy Obtain ¢ Granted ¢ Business License 11' I ¢ ADMINISTRATIVE PERMIT Notice to Review& ¢ Property ¢ approval by Owners within 300' Planning Director ~ ~ If remodel or new construction submit plans If no remodel or new construction Occupancy Granted Obtain Obtain ¢ State License Begin ¢ Business License ¢ Operation CONDITIONAL USE PERMIT Application submitted: ❖ Health Risk Analysis ❖ Legal Agreement to discontinue use ❖ Conversion plan -0, Staff Review & Preliminary ¢ Inspection by Building, Fire & Water Notice to ¢ Property ¢ Planning Owners Commission within 1000' Obtain Obtain Obtain State Begin License ¢ Operation ~ Building & Fire Construction ~ Inspections Submit building plans ¢ for new construction or remodel Building & Fire Inspection ¢ Evacuation Plan Submitted .-J\. Occupancy .-J\. Business ,-J\. State ...,,, Granted ...,,, ...,,, License License Begin ¢ Operation Parents ¢ Notified of Risks May 7, 1997 TO: FROM: PLANNING COMMISSION Planning Department ERRATA FOR CHILD CARE ORDINANCE -ZCA 93-01/LCPA 97-03 The following changes have been made as listed below: Staff Report 1. Page 6, Section D, Use Chart should read: Small Family Large Family Child Day Zoning Day Care Home Day Care Home Care (Fe1.ver tha.a g ChilElfM) (¥wner tfiafl 14 ChilmR) Center (8 or Fewer Children) (14 or Fewer Children) Exhibit X, Dated May 7, 1997 1. Page 8, Section 21.83.040, Use Chart should read: Small Family Large Family Child Day Day Care Home Day Care Home Care (¥B'lrBf tha.a g ChilereR) (¥01.,rer t:han 14 ChilElfM) Center (8 or Fewer Children) (14 or Fewer Children) 2. Page 10, Section 21.83.060 A.l.(a)(l) should read: "( 1) Use or storage of more than ~ 10,000 gallons of flammable liquids." 3. Page 12, first sentence should read: "the project is or is not in conformity with the requirements of Section ll.g~_Q9Q 21.83.080" 4. Page 13, line 4 should read: "EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. (Notwithstanding the proceeding, this ordinance shall not be effective within the City's Coastal Zone until approved by the California Coastal Commission.)"