HomeMy WebLinkAbout1997-05-21; Planning Commission; Resolution 40930 0
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PLANNING COMMISSION RESOLUTION NO. 4093
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT TO ADD
CHAPTER 21.83 TO TITLE 21 OF THE CARLSBAD
MUNICIPAL CODE AND AMENDING VARIOUS SECTIONS
OF TITLE 21 TO REGULATE SMALL AND LARGE FAMILY
DAY CARE HOMES AND CHILD DAY CARE CENTERS.
CASE NAME: CHILD CARE ORDINANCE
CASE NO: ZCA 93-01
WHEREAS, the City of Carlsbad has initiated this zone code amendme]
encourage and promote the establishment of child day care facilities in the City;
WHEREAS, the City Council wishes to streamline and update the review of (
day care center applications;
WHEREAS, the City Council has requested that staff prepare a separate ch
of Title 21 addressing child care facilities;
WHEREAS, the Planning Commission did on the 7th day of May 1997, and
21st day of May 1997, hold a duly noticed public hearing as prescribed by law to consider
request; and
WHEREAS, at said public hearing, upon hearing and considering all testirr
and arguments, if any, of all persons desiring to be heard, said Commission considered all fac
relating to the Zone Code Amendment; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plm
’ Commission as follows: i
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commis:
RECOMMENDS APPROVAL of Zone Code Amendment ZCA 93
according to Exhibit “X” dated May 7, 1997, attached hereto and made a
hereof, based on the following findings:
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Findings:
1. The Planning Commission finds that the project is in conformance with the Land
Element of the General Plan based on the following: The proposed zone
amendment encourages and promotes child care in the community by streamli
and expediting the processing of child day care centers; by creating a r
compatible environment for large family day care homes; by assuring a
environment for children in industrial park day care centers; and by clc
presenting day care center requirements for potential day care center providers.
2. Approval of the proposed amendment is consistent with the public necessity,
convenience and general welfare.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planninl
Commission of the City of Carlsbad, held on the 21st day of May 1997, by the following vot
wit:
AYES: Chairperson Nielsen, Commissioners Compas, Heinel
Monroy, Noble and Savary
NOES: None
ABSENT: Commissioner Welshons
ABSTAIN: None
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ROB&Rf NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
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Planning Director
PC RES0 NO. 4093 -2-
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0 0 EXHIBIT “X”
MAY 7,1997
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE BY ADDING CHAPTER
21.83 AND AMENDING VARIOUS SECTIONS OF TITLE 21
TO REGULATE SMALL AND LARGE FAMILY DAY CARE
HOMES AND CHILD DAY CARE CENTERS.
CASE NAME: CHILD CARE ORDINANCE
CASE NO.: ZCA 93-01/LCPA 97-03
The City Council of the City of Carlsbad, California, does hereby ordai
follows:
SECTION I: That Title 21, Chapter 2 1.04 of the Carlsbad Municipal COC
amended by amendments to Sections 21.04.086, 21.04.140, 21.04.146 and 21.04.147 ana
additions of new Sections 2 1.04.170, and 21.04.149 to read as follows:
“21.04.086 Child Day Care Center.
“Child Day Care Center” means a facility, other than a family daycare home vt
provides non-medical care, protection and supervision for children under 18 years of agt
periods of less than 24 hours per day. “ Child Day Care Center” includes preschools, nul
schools, employer-sponsored day care facilities and before and after-school recreatj
programs, but does not include public or private elementary schools.”
21.04.140 Educational Institution or School.
“Educational Institution or School means an institution of learning for minors, whe
public or private, which offers instruction in those courses of study required by the Califc
Education Code or which is maintained pursuant to standards set by the State Boarc
Education. This definition includes a nursery school, kindergarten, elementary school, ju
high school, senior high school or any special institution of higher education, includir
community or junior college, college, or university.”
2 1.04.146 Family Day Care Home.
“Family Day Care Home means a detached single family dwelling which regu:
provides non-medical care, protection, and supervision of 14 or fewer children, in the provic
own home, for periods of less than 24 hours per day, while the parents or guardians are a’
The actual number of children permitted in a Family Day Care Home is based on
composition as determinedl by the State of California, Department of Social Services. Far
~ Day Care Homes include Large or Small Family Day Care Homes.” , 2 1.04.147 Family Day Care Home, Large.
“Large Family Day Care Home” means a detached, single family dwelling which
provides family day care far 7 to 14 children, inclusive, including children under the age of 1(
years who reside at the home as defined by Section 1596.78 of the California Health and Safe
Code and permitted by the licensing agency.
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21.04.148 Family Day Care Home, Small.
“Small Family Day Care Home” means a detached, single family dwelling P
provides family day care for eight or fewer children, including children under the age of 10 :
who reside at the home as defined in Section 1596.78 of the California Health and Safety (
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 s,
employer’s site of business’ and operated directly or through a provider contract by any persc
entity having one or more employees, and available exclusively for the care of that employer.
of the officers, managers, and employees of the employer.
21.04.170 Director.
“Director means the Director of Planning.”
SECTION It: That Title 21, Chapter 21.07, Section 21.07.020 of the Carl
Municipal Code is amended by the additions of Subsections 21.07.020(15) and (16) to re2
follows:
21.07.020 Permitted uses and structures.
(1 5) Small Family Day Care Homes;
(1 6) Large Family Day Care Homes, subject to the provisions of Chapter 2 1.83.
SECTION 111: That Title 21, Chapter 21.08 of the Carlsbad Municipal Coc
amended by the additions olf Subsections 21.08.0 10 (1 1) and (12) to read as follows:
“21.08.010 Permitted uses.
(1 1) Small Family Day Care Homes;
(12) Large Family Day Care Homes, subject to the provisions of Chapter 2 1.83.”
SECTION IV: That Title 21, Chapter 21.09 of the Carlsbad Municipal Cod
amended by the addition of Subsections 21.09.020(8) and (9) to read as follows:
“21.09.020 Permitted uses.
(8) Small Family Day Care Homes;
(9) Large Family Day Care Homes, subject to the provisions of Chapter 21 $3.’’
SECTION V: That Title 2 1, Chapter 21.10, of the Carlsbad Municipal Cod
amended by the amendments of Subsections 21.10.010 (1 1) and (12) to read as follows:
“2 1.10.01 0 Permitted uses.
(1 1) Small Family Day Care Homes;
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(12) Large Fami1.y Day Care Homes, subject to the provisions of Chapter 2 1.83 .”
SECTION VI: That Title 2 1, Chapter 21.16, of the Carlsbad Municipal Co
amended by the addition of Subsections 21.16.0 1 O(9) and (1 0) and Section 2 1.16.0 18 to re;
follows:
“21.16.010 Permitted uses.
(9) Small Family Day Care Homes;
(10) Large Family Day Care Homes, subject to the provisions of Chapter 21 33.”
“21.16.01 8 Child Day Care Centers bv administrative permit.
Child Day Care Centers may be permitted by administrative permit, subject tc
provisions of Chapter 21.83.
SECTION VII: That Title 2 1, Chapter 2 1.18 of the Carlsbad Municipal Co
amended by the addition of Section 2 1.18.043 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 tc
provisions of Chapter 21 -83.
SECTION VIII: That Title 21, Chapter 21.20, Section 21.20.010 of the Carl
Municipal Code is amended by the addition of Subsections 21.18.020(6) and (7) to rea
follows:
“21.20.010 Permitted uses and structures.
(6) Small Family Day Care Homes;
(7) Large Family Day Care Homes, subject to the provisions of Chapter 21.83.”
SECTION IX: That Title 2 1, Chapter 2 1.2 1, Section 2 1.2 1.040 of the Carl:
Municipal Code is amended by the addition of Subsection 21.21.040(3) to read as follows:
(3) Child Day Clare Centers, subject to the provisions of Chapter 21.83.
SECTION X: That Title 21, Chapter 21.22, Section 21.22.010 of the Carls
Municipal Code is amended by the addition of Subsection 21.22.010(6) and (7) to rea(
follows:
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“21.22.01 0 Permitted uses.
(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 Co
amended by the repeal of Subsection 21.24.020(5)and the addition of Subsections 21 -24.01
and (8) and 21.24.027 to read as follows:
“21.24.01 0 Permitted uses.
(7) Small Family Day Care Homes;
(8) Large Family Day Care Homes, subject to the provisions of Chapter 21 33.”
“21.24.027 Child Day Care Centers by administrative permit.
A. Child Day Care Centers may be permitted by administrative permit, subject tc
provisions of Chapter 2 1.83 ,”
SECTION XI: That Title 21, Chapter 21.26, Section 21.26.01 0 of
Carlsbad Municipal Code is amended by the addition of Subsection 21.26.010(3 1) to rea
follows:
“21.26.01 0 Permitted uses.
(3 1) Child Day Care Centers, subject to the provisions of Chapter 21.83.”
SECTION XIII: That Title 21, Chapter 2 1.27 of the Carlsbad Municipal COI
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 tc
provisions of Chapter 21 233”.
SECTION XIV: That Title 21, Chapter 21.27, of the Carlsbad Municipal COI
amended by the addition of Section 21.27.021 and the amendment of Section 21.27.040 to
as follows:
“21.27.021 Child Day Care Centers by administrative permit.
Child Day Care Centers may be permitted by administrative permit, subject to
provisions of Chapter 21.83. Application for administrative permit shall demonstrate site de
compatibility with surrounding development.”
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“21.27.040 Site Development plan required.
Approval of a site development plan processed according to the provisions of Ch
2 1.06 shall be required for any development in the 0 zone except Child Day Care Centers.”
SECTION XV: That Title 21 , Chapter 21.30., is amended by the additic
Section 21.30.01 1 to read as follows:
“21.30.01 1 Uses and structures permitted by conditional use Dermit.
Child Day Care Centers are permitted by conditional use permit, subject to the provi:
of Chapter 21.50 and 21.83.
SECTION XVI: That Title 21, Chapter 21.32, of the Carlsbad Municipal Co
amended by the amendment of Subsection 21.32.010(1) to read as follows:
“21.32.010 Conditional uses.
(1) Any use permitted in the C-M zone, except Child Day Care Centers, except t,
dwelling conforming to the yard requirements of the R-3 zone shall be permitted on the sam
on which a factory is located, and which dwelling is used exclusively by a caretake
superintendent of such factory and his family.”
SECTION XVII: That Title 21, Chapter 21.34, Section 21.34.030 of
Carlsbad Municipal Code ks amended by the amendment of Subsections 21.34.030(4) to re2
follows:
“21.34.030 Permitted uses and structures
(4) Child Day Care Centers, subject to the provisions of Chapter 21 33.
SECTION ‘XVIII: That Title 21 , Chapter 21.37, Section 21.37.020 of
Carlsbad Municipal Code is amended by the addition of Subsection 21.37.020(7) and (8) to
as follows:
“(7) Small Fami1.y Day Care Homes;
(8) Large Fami1.y Day Care Homes, subject to the provisions of Chapter 21.83.”
SECTION XIX: That Title 21, Chapter 21.38, of the Carlsbad Municipal Coc
amended by the amendment of Section 21.38.020 to read as follows:
21.38.020 Permitted uses and structures.
“In the P-C, planned community zone, the permitted uses and structures shd:
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established by a master p1.an of development approved in accordance with this Chapter v
may include any use found. to be necessary and desirable for a community planned in accorc:
with the purposes of this Chapter, provided that such permitted uses and structures sha
consistent with the general plan and applicable specific plans. Any such master plan F
includes a residential component shall include graphic plans and text to reserve a site withi
master plan area for a Child Day Care Center of reasonable size for a period of five years
the date of issuance of the first building permit. Prior to approval of a master plan, the pro]
may be used as permitted by Chapter 21.07 for the E-A exclusive agriculture zone. ,
approval of a master pan, such agricultural uses may be continued if the master pla
provides.”
SECTION XX: That Title 21, Chapter 21.44, Section 21.44.050 0:
Carlsbad Municipal Code is amended by the addition of Subsection 21.44.050(a)(4)(E) to re
follows:
21.44.050 General requirements.
(E) Up to 50 percent of the parking facilities required by this Chapter for a ch
may be jointly utilized by an on-site, accessory, Child Day Care Center provided there i
substantial conflict in the principal operating hours of the church and Child Day Care Center.
SECTION XXI: That Title 21 is amended by the addition of Chapter 2
to read as follows:
Chapter 2 1.83
CHILD CARE
Sections:
21.83.010
2 1.83.020
21.83.030
21.83.040
21.83.050
21.83.060
21.83.070
21.83.080
Purpose
Definitions
Exclusions
Use Chart
Requirements for Large Family Day Care Homes
Child Day Care Centers
Child Day Care Centers by Administrative Permit
Development Standards for Child Day Care Centers
21.83.010 Purpose
The purposes of the Child Care Development Regulations are to:
A. Recognize that affordable, quality, licensed child care is critical to both the 1
B. Provide a comprehensive set of guidelines to ensure a safe child care environn
C. Ensure that the needs of children for adequate care are balanced with the righi
being of children and parents as well as the economic vitality of the City;
and to maintain compatibility between child care facilities and surrounding land uses;
property owners;
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D. Facilitate the establishment of child care facilities as a permitted use ‘LI
E. Enhance provider awareness of City requirements;
F. Authorize Child Day Care Centers in P-M and C-M Zones as conditio
permitted uses and subject to specified standards; and,
G. Implement State law with regard to the provision of child care facilities. As s
in Health and Safety Code, Section 1597.40: “Family Day Care Homes must be situatc
normal residential surroundings so as to give children the home environment which is condl
to healthy and safe development. It is the public policy of this State to provide children
Family Day Care Home th.e same home environment as provided in a traditional home sett.
It is the policy of the State that Small and Large Family Day Care Homes do not constitl
change of occupancy of residentially zoned and occupied properties for purposes of
ordinances as well as local building and fire codes. Traffic and noise generated by Child
Care Homes are considered to be of normal residential levels which may be reasonably restr
but not used as a basis for permit denial. Conditions, covenants and restrictions (CCi
restricting or prohibiting Child Care Homes in residential neighborhoods were voided by H
and Safety Code Section 1597.40(c). Judgments on the quality of child care are
responsibility of parents, the provider, and the licensing agency.
certain zones;
21.83.020 Definitions
For the purposes of this chapter, the terms used herein relating to the provision of
care services are defined as follows:
potential to pose a hazard to public health and the environment in the event of accidental re1
These substances are identified in California Health and Safety Code Chapter 6.95.
Materials which, if accidentally released into the environment, are likely to cause acute hl
effects resulting in significant injury to or death of humans.
provided care and supervision in a child care facility;
which provides non-medical care, protection, and supervision for children under 18 years 0:
for periods of less than 24. hours per day. Child Day Care Centers include preschools, nu
schools, Employer-Sponsored Child Day Care Facilities, and before and after-school recreat
programs, but do not include public or private elementary schools.
at the employer’s site of business and operated directly or through a provider contract bq
person or entity having one or more employees, and available exclusively for the care of
employer, and of the officers, managers, and employees of the employer.
provides non-medical care, protection, and supervision of 14 or fewer children, in the provi
own home, for periods of less than 24 hours per day, while the parents or guardians are a
The actual number of children permitted in a Family Day Care Home is based on
composition as determined by the permitting agency. Family Day Care Homes include eith
the following:
dwelling which provides family day care for 7 to 14 children, inclusive, including children c
A. “Acutely Hazardous Materials” means substances which have the grc
B. “Threshold Planning Quantities” means the amount of specific Acutely Hazar
C. “Child or Children” means a person or persons, under 18 years of age 1:
D. “Child Day Care Center” means a facility other than a Family Day Care E
E. “Employer-sponsored Child Day Care Center” means any Child Day Care C
F. “Family D,ay Care Home” means a single family dwelling which regu
1. “Large Family Day Care Home”, means a detached, single fa
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the age of 10 years who reside at the home as defined in Section 1596.78 of the California H
and Safety Code and as permitted by the licensing agency;
dwelling which provides family day care for 8 or fewer children, including children unde
age of 10 years who reside at the home as defined in Section 1596.78 of the California H
and Safety Code and as permitted by the licensing agency.
Large Family Day Care Home and is licensed by the County of San Diego to provide child
services.
2. “Small Family Day Care Home”, means a detached, single fa
G. “Provider” means a person or entity who operates a Child Day Care Center
21.83.030 Exclusions
The requirements of this chapter do not apply to the following:
A. Any child d.ay care home providing care for the children of only one famil
B. Any cooperative arrangement between parents for the care of their children bq
C. Any arrangement for the receiving and care of children by a relative;
D. Any public recreation programs conducted by a public entity specified in
meeting the requirements of Health and Safety Code Section 1596.792(g); or recrel:
programs conducted for children by a Boys’ Club, a Girls’ Club, the Brownies, the Cub/Boy/
Scouts, the Campfire Girls or similar such organizations as determined by State regulat
issued pursuant to Health and Safety Code Section 1596.793; and,
E. Any public or private schools operating before or after-school recreati
programs or Child Day Care Centers.
21 33.040 Use Chart
Zones in which Small and Large Family Day Care Homes and Child Day Care C~I
are shown on the following use chart. Permitted, administrative, conditional, and prohibitec
authorized as follows:
addition to the provider’s own children;
or more of the parents where no payment for the care is involved;
“P” Indicates thdt the use is permitted in the zone.
“A” Indicates that the use is permitted subject to approval of an administrative per!
“C” Indicates thdt the use is permitted subject to approval of a conditional use pern
“X” Indicates that the use is prohibited in the zone.
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II HO I X I X I P(3) I\ 1 I I ,,,i- c-1, c-2 X P(3) X
PM, CM X
LC, TC, CT
X X M, PU, OS, X
C X
I1 I I I I1 WPC I (4) I (4) I (4) u I 1 I
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1------ Permitted only when the Large Family Day Care Home is located on a lot occupied by a detached, ~
family dwelling on a lot of 7,500 square feet or more by ministerial approval without a public hearin;
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 the requirements 0'
controlling document (e.g., Site Development Plan).
Design Guidelines or designated Master Plan) and the provisions of Section 21.83.080 of this Chapter.
21 A3.050 Requirements for Large Family Day Care Homes
All Large Family Day Care Homes shall comply with the following development requiremen
A. The applicant shall obtain all licenses and permits required by State law
operation of the facility and shall keep all State licenses or permits valid and current.
B. Applicants who reside on rented or leased property shall provide proof of wr
notice to the landlord or owner of the property that they intend to operate a Family Day (
Home on the rented or leased premises in accord with Section 1597.40 of the California Hc
and Safety Code.
C. The facility shall comply with all zoning standards otherwise applicable to c
single family residences, however, the use of a detached, single family dwelling for the purp
of this section shall not constitute a change of occupancy for purposes of Title 18 of this Codc
D. The facility shall comply with all standards relating to fire and life sb
applicable to single family residences established by the State Fire Marshal contained in Titlc
of the California Code of Regulations as amended from time to time.
E. The subject site shall not be located closer than 1,200 lineal feet from any o
Large Family Day Care Home on the same street. In addition, Large Family Day Care Ho
shall not be located on either the "bulb" of a cul-de-sac street or on a panhandle lot.
F. An outdoor play area which satisfies the requirements of the State of Calif01
Community Care Licensing Division shall be provided in the rear yard and shall be enclosed
natural barrier, wall, solid fence, or other solid structure a minimum of five feet in height.
provider shall ensure that outdoor play times do not begin until after 9:OO a.m. and end be.
5:OO p.m. The provider shall stagger the number of children playing outdoors at any one tim
reduce noise impacts on surrounding residences.
G. All outdoor play areas shall be adequately separated from vehicular circula
and parking areas by a strong fence such as chain link, wood or masonry.
4""" Permitted subject to the standards of the controlling document (Village Redevelopment Master Plar
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H. Required garages shall be prohibited for use as a Family Day Care Home
shall be utilized for parking two of the applicant’s onsite vehicles during the daily operatic
the day care home rather than parking the vehicles on the street or in the driveway.
up area for children and shall notify parents of this requirement, Said driveway shall remain
and clear of parked cars.
J. The applicant shall require that employees park in locations which will
inconvenience nearby residents. To disrupt the neighborhood as little as possible, best ef
shall be made by the applicant to require employees to park as close as possible to the Fa
Day Care Home.
K. Large Family Day Care Home Providers shall make written application tc
Director and shall include all materials deemed necessary by the Director to show tha
requirements of this section are met. The Director shall grant the permit without a hearing
the requirements of this section are satisfied. The decision of the Director shall be made w
15 working days of the receipt of a complete application and provided to the applicant in wri
The decision of the Director may be appealed to the Planning Commission within 10 cale
days of the date of the written decision of the Director. The appellant shall pay the cost ol
appeal. Any appeal shall1 be filed in accordance to the procedures set forth in Section
54.140; the appellant shall pay the fee applicable to single family dwellings.
I. The applicant shall designate the onsite driveway as the official drop-off and I
21 33.060 Child Day Care Centers
A. Child Day Care Centers are permitted in accordance with Section 21.83
subject to the following limitations:
1. In th:e PM and CM zones, with a conditional use permit in accordance
Section 21.83.080 and subject to the following provisions:
(a) The applicant shall conduct an evaluation of the health and si
risks associated with the proposed Child Day Care Center. The evaluation shall include a su
of all businesses within 1,000 feet of the proposed Child Day Care Center to determine the n;
and quantity of hazardous; materials in use nearby. If the conditional use permit is gra~
thereafter, the Provider shall conduct similar annual evaluations and disclose results to the
Chief and Planning Director. The evaluations must demonstrate to the satisfaction of the
Chief and Planning Directlor that the occurrence of the following within 1,000 feet of the (
Care Center presents no significant health or safety risks to the occupants:
(1) Use or storage of Acutely Hazardous Materials in am0
above the threshold planning quantities (TPQs);
(2) Use or storage of more than 10,000 gallons of flamm
liquids; or
22 (3) Use or storage of more than 1,500 pounds of flamrr
compressed gas.
23 (b) Prior to enrollment of the child in the Child Day Care Center
Provider shall, in writing, inform the child’s parents that their child(ren) may be subject to hc
24 and safety risks due to the presence, use and discharge of hazardous materials (including Acl
Hazardous Materials above the TPQs) in the area. Parents shall also be informed thai 25 Provider may be required to retain custody of their children for extended time periods durin
26 (c) Prior to occupancy, the Provider shall prepare and obtain appl
27 by the Fire Chief of an emergency operating plan which prescribes procedures to be folk
emergency.
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during the existence of the Child Day Care Center which ensure the following:
(1) That children can be evacuated from the building w
five minutes and relocated to a predetermined refuge area(s) within 10 minutes of emerg
notification; and
(2) Quarterly exercise of the plan.
(d) The applicant shall enter into an agreement with the Cit
discontinue operation of the Child Day Care Center immediately upon the discovery 0:
existence of hazardous materials as described in Section 21.83.060Al(a) above when
materials are found by the Fire Chief and Planning Director to present a health and safety ri
children attending the Child Day Care Center. The applicant shall have 90 days to mitigat
the satisfaction of the Fire Chief, the impacts created by the use of said hazardous material
impacts are not mitigated within 90 days, the conditional use permit for the Child Day (
Center shall become null and void. The applicant shall agree to indemnify and hold the Cil
Carlsbad and its officers, employees, and agents free and harmless from any claims, actj
damages, costs, or expenses arising from exposure of children to hazardous substances as a rl
of the presence of the former in or near the Child Day Care Center. The Fire Chief or Plan
Director are hereby authorized to enter into the agreement on behalf of the City.
(e) The applicant shall submit a conversion plan at the timl
application which demonstrates to the satisfaction of the Planning Director and the Fire (
that the Child Day Care Center could be converted to a use permitted within the zone ij
conditional use as a Child Day Care Center is discontinued.
(f) Upon acceptance of a complete application and payment oj
required fees, the Planning Director shall process the application in accordance with Ch
21.52 except that notices s,hall be given to all property owners within 1,000 feet of the SUI
property.
2. As ;I permitted use on developed church or school sites, excep
industrial zones, and subject to the provisions of Section 21.83.090 below.
3. In th.e R-3, RD-M, RP and 0 zones, with an administrative permit, SUI
to the provisions of Sections 21 33.070 and 21 33.080.
4. In the HO, C-1 and C-2 zones, as a permitted use subject to the provis
of Section 21.83.080.
Child Day Care Centers may be approved by administrative permit in zones specified there
in Section 21.83.040 of this Chapter. The owner of the subject property shall make wr
application to the Director. Such application shall include all materials deemed necessary b!
Director to show that the r'equirements of Section 21 33.080 are met. If the site is in the Co
Zone, the application shall also constitute an application for a Coastal Development Permit.
A. The Director shall give written notice to all property owners within 300 feet 0:
subject property of pending development decision after the application is complete, at 1
fifteen working days prior to the decision on the application as follows:
1. Contents. The notice shall include all requirements of Section 21.54
of this code, including a notice of a public comment period of at least 15 working days suffic
to receive and consider comments submitted by mail prior to the date established for
decision. The notice shall (also include a statement that a public hearing shall be held upon
21.83.070 Child Day Care Centers by Administrative Permit
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request by any person and a statement that failure by a person to request a public hearing
result in the loss of that person’s ability to appeal approval of the administrative permit b
Director to the Planning Commission.
Director may waive a public hearing on an administrative permit if notice has been providl
accordance with subsection (A)(1) of this section and a request for a public hearing has not .
received by the city within 15 working days from the date of sending the notice. If a reques
a public hearing is received, a public hearing before the Director shall be held in the s
manner as a Planning Commission hearing. In either event, the Director’s decision sha!
based upon the requirements of, and shall include, specific factual findings supporting wht
the project is or is not in conformity with the requirements of Section 21.83.080.
The Director’s decision shall be made in writing. The date of the decision sha
the date the writing containing the decision or determination is mailed or otherwise deliver(
the person or persons affected by the decision. If the matter includes a Coastal Develop]
Permit, unless the decision is appealed to the Planning Commission, the Director shall provi
notice of final action in accordance with Sections 21.201.160 and 21.201.170 of this codr
addition to the Director’s written decision.
C. The Director’s decision shall be final unless the decision is appealed bj
interested person to the Planning Commission. The written appeal shall specifically state
reason or reasons for the appeal and the manner in which the decision of the Director is in e
The decision of the Director shall be affirmed by the Planning Commission unless the appe
shows by a preponderance of evidence that the decision of the Director is in error, inconsi!
with State law, the general plan, this zoning ordinance or any policy of the city. The appeal I
be filed in writing with the: secretary of the Planning Commission within 10 calendar days 2
the date of the Director’s decision. The decision by the Planning Commission on appeals of
Director’s decision shall be final. If the matter includes a Coastal Development Permit,
Director shall give notice of final action on the appeal in accordance with Sections 21.201.
and 21.201.170.
21 33.080 Development Standards for Child Day Care Centers
All Child Day Care Centers shall comply with the following development standards:
A. The applicailt has or will obtain all licenses and permits required by State lam
operation of the facility. The applicant shall keep all State licenses or permits valid and curre
B. The center shall meet all zoning standards otherwise applicable to the project s
C. Indoor and outdoor play areas which satisfy the requirements of the Count.
San Diego Daycare Licensing Agency shall be provided. The outdoor play area shall be adjal
to the center and accessible through the center itself. The outdoor play area shall be enclosed 1
natural barrier, wall, or fence a‘ minimum of five feet in height. If located adjacen
residentially-zoned property, the separating barrier, wall, or fence shall be of solid construct
Said outdoor play area shall not be allowed in any required front, side or rear yard setbacks
shall be located and designed so as to reduce noise impacts on adjacent properties.
D. The outdoor play space shall be viewable directly from the interior of the struc
by having windows at strategic points so that the yard area can be seen from the inside of
child care center.
E. Each Child Day Care Center shall have a direct source of natural light which s
be located so as to maximize the ability for children to see out of windows.
B. The Director may approve, approve with conditions, or deny the permit.
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F. Notwithstanding Chapter 21.44, parking shall be provided at one space/empl
plus one space for each 10 children, minimum. Such parking shall not be located in any req1
fiont yard setback. An adequate on-site loading/unloading area shall be provided which cz
easily accessed from the Clhild Day Care Center without crossing any driveways or streets.
area may be counted towards the required parking. Clearly designated pedestrian walkways :
be provided.
1. Up t,o 50 percent of the parking facilities required by Chapter 2 1.44 1
church may be jointly utilized by an on-site, incidental, Child Day Care Center provided the
no substantial conflict in the principle operating hours of the buildings or uses for which the,
use of off-street parking facilities is proposed.
G. Signs shall be permitted in accordance with the underlying zone as providt
Chapter 2 1.4 1.
H. Any additional conditions regarding safety and access deemed necessar:
desirable by the City Engineer, Planning Director, or Principal Building Inspector.
EFFECTIVE DATE: This ordinance shall be effective thirty days afte
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it tl
published at least once in a newspaper of general circulation in the City of Carlsbad wi
fifteen days after its adoption. (Notwithstanding the proceeding, this ordinance shall no
effective within the City’s Coastal Zone until approved by the California Coastal Cornmissior
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
Council held on the day of , 19 -and thereafter.
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PASSED AND ADOPTED at a regular meeting of the City Council of the Ci
Carlsbad on the day of 1997, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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