HomeMy WebLinkAboutLCPA 97-03; Childcare Ordinance; Local Coastal Program Amendment (LCPA)The City of CARLSBAD Planning Department
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: MAY 21,1997
Application complete date: NA
Project Planner: Adrienne Landers
SUBJECT: ZCA 93-01LCPA 97-03 - CHILD CARE ORDINANCE - A Zone Code
Amendment and Local Coastal Program Amendment adding Chapter 2 1.83 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 LCPA 97-03 based on the findings contained therein.
11. BACKGROUND
This item was heard by the Planning Commission at its meeting of May 7, 1997. After much
discussion of the PM-CM zone issues addressed in proposed Section 21.83.060, the item was
continued to the meeting of May 21". Staff has considered the comments expressed by the
Planning Commission and the public and has revised Section 21.83.060 to broaden the scope of
child care centers in the industrial zones. These revisions are included in a redlinehikeout
version on the attached Errata #2. Staff will discuss these revisions at the meeting.
ATTACHMENTS:
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Errata sheet #2, dated May 21, 1997
Planning Commission Resolution No. 4092
Planning Commission Resolution No. 4093
Planning Commission Resolution No. 4094
Staff report dated May 7, 1997, with attachments
Errata sheet #1, dated May 7, 1997
ERRATA #2
May 21, 1997
21.83.060 Child Day Care Centers
Child Day Care Centers are permitted in accordance with Section 21.83.040
subject to the following limitations:
1. In the PM and CM zones, fi Cke
&&e with a conditional use permit in accordance with Section 21.83.080 and subject to the
following provisions:
(a) The applicant shall conduct
an evaluation of the health and safety risks associated with the proposed Child Day Care
Center. The evaluation shall include wlwkwhk a survey of all businesses within 1,000
feet of a the proposed Cehild Day Csare4ae&yCenter to determine the nature and quantity of
hazardous materials in use nearby. If the conditional use permit is granted, thereafter, the
Provider shall conduct similar annual evaluations and disclose results to the Fire Chief and
Planning Director.. The surveys must demonstrate to the satisfaction of the Fire Chief and
Planning Director that ,,,,he occurrence of the following -within &e 1000 feet of the
Cehild Day Csare Center4ieMy presents no significant health or safety risks to tlie
occupants:
Use or storage of Acutely Hazardous Materials in amounts
above the threshold planning quantities (TPQs);
Use or storage of more than 4+€@ 10,000 gallons of
flammable liquids; or
Use or storage of more than 1,500 pounds of flammable
compressed gas.
ie#bmed Prior to enrollment of the child in the Child Day Care Center, the Provider shall, in
writing, inform the child’s parents that their child(ren) may be subject to mpxwe4e health and
safety risks due to the presence, use and discharge of hazardous materials (including Acutely
Hazardous Materials above the TPQs) in the areat. Parents shall also be informed that the
Provider may be required to retain custody of their children for extended time periods during
an emergency.
(c) Prior to occupancy, the Provider shall prepare &
maktak and obtain approval by the Fire Chief of an emergency operating plan which4dkte
5 prescribes procedures ~BH+@+w to be followed during
the existence of the Child Day Care Center which ensure the following:
That children can be evacuated fiom the building within
five minutes and relocated to a predetermined refuge area(s) within 10 minutes of emergency
notification;
9Quarterly exercise of the pian;
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(1)
(2)
(3)
(b)
(1)
(2)
(3 n
(d) The applicant shall enter into an agreement with the
City to discontinue operation of the Child Day Care Center immediately upon the discovery of
the existence of hazardous materials as described in Section 21.83.060 A l(a) above when such
materials are found by the Fire Chief and Planning Director to d
EiRd-kdregttlakerts * . present a health and safety risk to children attending the Child Day Care
Center. The applicant shall have 90 days to mitigate, to the satisfaction of the Fire Chief, the
impacts created by the use of said hazardous materials. If impacts are not mitigated within 90
days, the conditional use permit for the Child Day Care Fadity Center shall become null and
void. The applicant shall agree to indemnify and hold the City of Carlsbad and its officers,
employees, and agents free and harmless from any claims, actions, damages, costs, or
expenses arising from exposure of children to hazardous substances as a result of the
presence of the former in or near the Child Day Care Center. The Fire Chief or Planning
Director are hereby authorized to enter into the agreement on behalf of the City.
The applicant shall piwide submit a conversion plan, at the time
of application, which demonstrates to the satisfaction of the Planning Director and the Fire
Chief that the Child Day Care F-aeiMy Center could be converted to a use permitted within the
zone . if the conditional use as a
Child Day Care Center is discontinued.
Upon acceptance of a complete application and payment of the
required fees, the Planning Director shall process the application in accordance with Chapter
21.52 except that notice shall be given to all property owners within 1,000 feet of the subject
property . .
As a permitted use on developed church or school sites, except in
industrial zones, and subject to the provisions of Section 21.83.090 below.
In the R-3, RD-M, RP and 0 zones, with an administrative permit, subject
to the provisions of Sections 21.83.070 and 21.83.080.
In the HO, C-1 and C-2 zones, as a permitted use subject to the provisions
of Section 21.83.080.
(e)
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(f)
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