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HomeMy WebLinkAbout2000-11-15; Planning Commission; Resolution 48661 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 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: e ; I s l( 11 1; 1: 14 1: 1t li 1: 1S 2c 21 22 23 24 25 26 27 28 Findings: 1. 2. 3. 4. 5. 6. . 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- 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 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. 3 3 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. 6 6 7 7 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: 14 14 15 15 16 16 CLAUDE A. LEWIS, Mayor CLAUDE A. LEWIS, Mayor 17 17 18 18 ATTEST: ATTEST: 19 19 20 20 LORRAINE M. WOOD, City Clerk LORRAINE M. WOOD, City Clerk 21 21 (SEAL) (SEAL) 22 22 23 23 24 24 25 25 26 26 27 27 28 28 -2-