HomeMy WebLinkAbout2000-11-15; Planning Commission; Resolution 48661
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PLANNING COMMISSION RESOLUTION NO. 4866
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT TO AMEND
SECTIONS 21.83.050(E) AND 21.83.060A.2. OF THE CHILD
CARE ORDINANCE; AND TO AMEND SECTION 21.12.010
TO ADD PROVISIONS FOR LARGE AND SMALL FAMILY
DAY CARE HOMES WITHIN THE R-2 ZONE.
CASE NAME: CHILD CARE ORDINANCE
AMENDMENT
CASE NO: ZCA 00-03
WHEREAS, the Planning Director has prepared a proposed Zone Code
Amendment pursuant to Section 21.52.020 of the Carlsbad Municipal Code to:
Amend Section 21.83.050(E) of the Child Care Ordinance in order to be consistent with
State law, to amend Section 21.83.06OA.2. of the Child Care Ordinance to clarify permitted
use limitations for child day care centers, and to amend Section 21.12.010 of the R-2
Ordinance by adding provisions for large and small family day care homes; and 1.
WHEREAS, the proposed amendment is set forth in the draft City, Council
Ordinance, Exhibit “A” dated, November 15, 2000, and attached hereto CHILD CARE
ORDINANCE AMENDMENT - ZCA 00-03; and
WHEREAS, the Planning Commission did on the 15th day of November, 2000,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Zone Code Amendment; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of Zone Code Amendment CHILD CARE
ORDINANCE AMENDMENT - ZCA 00-03, based on the following findings:
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Findings:
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That the Planning Director has determined that the project qualifies as an action that has
been determined by the State Legislature pursuant to Section 15061(b)(3) as a project
that has no potential for creating a significant effect on the environment and Section
15274 as a project relating to the establishment or operation of family day care
homes to be statutorily exempt from CEQA.
That the proposed Zone Code Amendment is in the public interest and is consistent
with the General Plan goal of encouraging and promoting the establishment of
childcare facilities in safe and convenient locations throughout the City.
That the proposed ZCA reflects sound principles of good planning.
The proposed amendment will revise a section of text relating to large family day care
homes so that the Child Care Ordinance will comply with State law.
The proposed amendment will add provisions for large and small family day care
homes in the R-2 zone which were inadvertently left out of the previous zone
ordinance amendment ZCA 93-01 and will achieve consistency with the Child Care
Ordinance Use Chart listing day care homes as allowable uses in the R-2 zone.
The proposed amendment will clarify permitted use limitations for child day care
centers to those associated with existing church or school sites and not requiring
expansion of the use on those sites.
PC RESO NO. 4866 -2-
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 15th day of November 2000, by the following
vote, to wit:
AYES: Chairperson Compas, Commissioners Baker, Heineman,
L’Heureux, Nielsen, Segall, and Trigas
NOES:
ABSENT:
ABSTAIN:
WILLIAM COMPAS, Chairper&
CARLSBAD PLANNING COMMISSION
ATTEST: . _a-
MICHAEL J. H&ZMWLER
Planning Director
1 PC RBSO NO. 4866 -3-
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EXHIBIT “A”
NOVEMBER 15,200O
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 21,
SECTIONS 21.12.010, 21.83.050(E), AND 21.83.060A.2. OF
THE CARLSBAD MUNICIPAL CODE TO MODIFY
REGULATIONS RELATING TO FAMILY DAY CARE HOMES
AND CHILD DAY CARE CENTERS.
CASE NAME: CHILD CARE ORDINANCE AMENDMENT
CASE NO.: ZCA 00-03
The City Council of the City of Carlsbad, California does ordain as follows:
SECTION I: That Title 21, Chapter 21.12, Section 21.12.010 of the Carlsbad
Municipal Code, is amended by the additions of Subsections 21.12.010 (8) and (9) to read as
follows:
“21.12.010 Permitted uses.
(8) Small Family Day Care Homes;
(9) Large Family Day Care Homes, subject to the provisions of Chapter 21.83 of this
title.”
SECTION II: That Title 21, Chapter 21.83, Section 21.83.050 of the Carlsbad
Municipal Code, is amended by the amendment of Subsection 21.83.050 (E) to read as follows:
“21.83.050 Requirements for large familv dav care homes.
E. The subject site shall not be located closer than one thousand two hundred
lineal feet from any other large family day care home on the same street.”
SECTION III: That Title 21, Chapter 21.83, Section 21.83.060 of the Carlsbad
Municipal Code, is amended by the amendment of Subsection 21.83.060 A. 2. to read as follows:
“21.83.060 A. Child day care centers.
2. As a permitted use within existing buildings on developed church or school
sites, except in industrial zones, and subject to the provisions of Section 21.83.090 of this
chapter.
SECTION IV: That the findings of the Planning Commission as set forth in
Planning Commission Resolution No. 4866 constitute the findings of the City Council.
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 within fifteen days after its
adoption.
1 1 published at least once in a newspaper of general circulation within fifteen days after its
2 2 adoption.
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4 4 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
5 5 Council held on the Council held on the day of day of ,2000, and thereafter. ,2000, and thereafter.
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8 8 PASSED AND ADOPTED at a regular meeting of said City Council held on the PASSED AND ADOPTED at a regular meeting of said City Council held on the
9 9 day of day of , 2000, by the following vote, to wit: , 2000, by the following vote, to wit:
10 10 AYES: AYES:
11 11 NOES: NOES:
12 12 ABSENT: ABSENT:
13 13 ABSTAIN: ABSTAIN:
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16 16 CLAUDE A. LEWIS, Mayor CLAUDE A. LEWIS, Mayor
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18 18 ATTEST: ATTEST:
19 19
20 20 LORRAINE M. WOOD, City Clerk LORRAINE M. WOOD, City Clerk
21 21 (SEAL) (SEAL)
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