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Home My WebLink About1984-07-25; Planning Commission; Resolution 2237II * e 1 2 3 4 5 6 7 8 PLANNING COMMISSION RESOLUTION NO. 2237 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVA OF A ZONE CODE AMENDMENT, AMENDING TITLE 21, CHAPT 21.04, 21 . 10 AND 21 . 12 OF THE CARLSBAD MUNICIPAL CODE, BY THE ADDITION OF SECTIONS 21.04.086, 21.04 21.04.107, 21.10.010(11) AND 21.10.010(12) AND THE DELETION OF SECTION 21.12.050(4) TO PROVIDE FOR FA DAY CARE HOMES. APPLICANT: CITY OF CARLSBAD CASE NO: ZCA-171 WHEREAS, the Planning Commission did, on the 25th t g July, 1984, hold a duly noticed public hearing as prescribec 10 to consider said request: and 11 WHEREAS, at said public hearing, upon hearing and 12 B) That based on the evidence presented at the public heari 18 A) That the above recitations are true and correct. 17 Commission as fo~~ows: 16 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni 15 relating to the Zone Code Amendment. 14 desiring to be heard, said Commission considered all factor: 13 considering all testimony and arguments, if any, of all per: Commission recommends APPROVAL of ZCA-171, according to hereof, based on the following findings: 19 'A', dated July 25, 1984, attached hereto and made a par 20 21 22 Bill 163 which provides for the location of family day c Findings: 1) This zone code amendment implements California State Sen homes in single family residential zones. 23 2) This zone code amendment provides for reasonable regulat 24 and standards for family day care homes in single family residential zones to ensure that the public's health and 25 welfare are maintained and that such uses will be compat with single family homes. 26 3) The Land Use Planning Manager has determined that this p 27 will not cause any significant environmental impacts and therefore, has issued a Negative Declaration, dated Decel 28 27, 1983, which was approved by the Planning Commission I 25, 1984. A copy of the environmental documents is on f: the Land Use Planning Office. ll a e 1 2 3 4 5 6 7 8 PASSED, APPROVED AND ADOPTED at a regular meeting Planning Commission of the City of Carlsbad, California, he the 25th day of July, 1984, by the following vote, to wit: AYES : Chairman Rombotis, Commissioners Marcus, Farrow, McFadden and Rawlins. NOES : None. ABSENT: Commissioner Smith. ABSTAIN: None. 9 10 11 12 ATTEST : ~~ x/i42k&- MImAEL J. HmZMILLER 1 LAND USE PLANNING MANAGER 17 18 19 20 21 22 23 24 25 26 27 28 PC RES0 NO. 2237 I, -2- \% 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ i I I 0 0 EXHIBIT "A" JULY 25, 1984 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTERS 21.04, 21.10 AND 21.12 OF THE CARLSBAD MUNICIPAL CODE, BY THE ADDITION OF SECTIONS 21.04.086, 21.04.106, 21.04.107, 21.10.010(11) AND 21.10.010(1 AND THE DELETION OF SECTION 21.12.050(4) TO PROVIDE FOR FAMILY DAY CARE HOMES. APPLICANT: CITY OF CARLSBAD CASE NO: ZCA-171 SECTION 1: That Title 21, Chapter 21.04, of the Cz Municipal Code is amended by the addition of Sections 21.04. 21.04.106 and 21.04.107 to read as follows: 21.04.086 Child Day Care Center. Any facility, ol capacity, other than a family day care home as defined herej which less than 24 hour per day non-medical care and supervj provided for children in a group setting. Child Day Care Cf includes nursery schools but does not include elementary sck 21.04.106 Family Day Care Home, Large. A .home whj provides care, protection and supervision of seven to twelvf children, inclusive, including children who reside at the hc the caregivers own home, for periods of less than 24 hours 1 while the parents or guardians are away. 21.04.107 Family Day Care Home, Small. A home whj provides care, protection and supervision of six or fewer cf including children who reside at the home, in the caregiver: home, for periods of less than 24 hours per day, while the I or guardians are away. SECTION 2: That Title 21, Chapter 21.10 of the Cal Municipal Code is amended by the addition of Sections 21 -10, and (1 2) to read as follows: I*( 11) Small family day care homes providing care ! fewer children." 'I( 12) (a) Large family day care homes providing cal to 12 children if a permit for operation is first approved I Land Use Planning Manager. The Land Use Planning Manager SI issue a permit for operation if the Manager finds: ( 1 ) Adequate ingress and egress to the propel or will be provided to ensure the safe dropping off and pic1 of children; (2) The lot is not located closer than 1200 : feet from another large family day care center on the same 2 //// ._ 1 0 0 1 2 designed to minimize any adverse noise impacts to adjacent use could create such impacts to adjacent properties. attenuation measures (e.g. block wall) if he determines that 3 properties. The Land Use Planning Manager may require noise application to the Land Use Planning Manager. Such applicati 5 shall include all materials deemed necessary by the Land Use Planning Manager to show that the requirements of subsection 6 are met. The applicant shall pay a fee set by City Council resolution"; property shall be notified in writing of said requested use a 8 least 10 days prior to the decision of the Land Use Planning Manager. No hearing shall be held unless requested by the 9 applicant or an affected person. The decision of the Land Us Planning Manager may be appealed to the Planning Commission F 10 15 calendar days of the written decision of the Land Use Plar Manager. The appellant shall pay the cost of the appeal. n licenses and permits required by state law for operation of t 12 facility. The applicant shall keep all state licenses or per valid and current. 13 (5) The facility meets all applicable buildinc standards and will not have a significant adverse affect on t 14 environment which cannot be mitigated or for which a finding overriding consideration cannot be made. 15 (6) The facility meets all zoning standards otherwise applicable to other single family residences. 16 17 (3) The lot is situated and the play area 4 "(b) The owner of the subject property shall make v 7 "(c) All property owners within 300 feet of the sub 11 (4) That the applicant has or will obtain all SECTION 3: That Title 21 , Chapter 21 -12 of the Carl Municipal Code is amended by the deletion of Section l8 i21.12.050) (4). 19 I EFFECTIVE DATE: This ordinance shall be effective t 20 21 22 23 24 25 26 27 I days after its adoption, and the City Clerk shall certify to adoption of this ordinance and cause it to be published at le once in the Carlsbad Journal within fifteen days after its adopt ion . //// //// //// I//// 28 //// -2- *1 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 e 0 INTRODUCED AND FIRST READ at a regular meeting of Carlsbad City Council held on the day of 1984, by the following vote, to wit: AYES: NOES : ABSENT : MARY CASLER, Mayor ATTEST : ALETHA L. RAUTENKRANZ, City Clerk ( SEAL )