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HomeMy WebLinkAbout1984-09-25; City Council; 9731; CMC 21.04.146/.147/.010(11)/(12) add/21.12.010(4) delete - Day care homesc .. 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 2" 2E ORDINANCE NO. 9731 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, 21.04.146, 21.04.147, 21.10.010(11) AND 21.10.010(12) AND THE DELETION OF SECTION 21.12.010(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 Carlsbad Municipal Code is amended by the addition of Sections 21.04.086, 21.04.106 and 21.04.107 to read as follows: 21.04.086 Child Day Care Center. Any facility, of any capacity, other than a family day care home as defined herein in which less than 24 hour per day non-medical care and supervision is provided for children in a group setting. Child Day Care Center includes nursery schools but does not include elementary schools. 21.04.146 Family Day Care Home, Large. A home which provides care, protection and supervision of seven to twelve children, inclusive, including children who reside at the home, in the caregiver's own home, for periods of less than 24 hours per day, while the parents or guardians are away. 21.04.147 Family Day Care Home, Small. A hl me which provides care, protection and supervision of six or fewer children, including children who reside at the home, in the caregiver's own home, for periods of less than 24 hours per day, while the parents or guardians are away. SECTION 2: That Title 21, Chapter 21.10 of the Carlsbad Municipal Code is amended by the addition of Sections 21.10.010(11) and (12) to read as follows: 'I( 11) Small family day care homes providing care for 6 or fewer children. I' If( 12) (a) Large family day care homes providing care for 7 to 12 children if a permit for operation is first approved by the Land Use Planning Manager. shall issue a permit for operation if the Manager finds: The Land Use Planning Manager (1) Adequate ingress and egress to the property is or will be provided to ensure the safe dropping off and picking up of children; '. 1 2 3 4 5 6 7 8 9 10 11 12 9 d ; 0 18 19 20 21 22 23 24 25 26 27 28 (2) The lot is feet from another large famil! street; (3) The lot is to minimize any adverse noise not da located closer than 1200 lineal care center on the same situated and the play area designed impacts to adjacent properties . The Land Use Planning Manager may require noise attenuation measures (e.g. block wall) if he determines that the use could create such impacts to adjacent properties. licenses and permits required by state law for operation of the facility. The applicant shall keep all state licenses or permits valid and current. standards and will not have a significant adverse affect on the environment which cannot be mitigated or for which a finding of overriding consideration cannot be made. otherwise applicable to other single family residences. "(b) The owner of the subject property shall make written application to the Land Use Planning Manager. Such application shall include all materials deemed necessary by the Land Use Planning Manager to show that the requirements of subsection (a) are met. The applicant shall pay a fee set by City Council resolution"; property shall be notified in writing of said requested use at least 10 days prior to the decision of the Land Use Planning Manager. No hearing shall be held unless requested by the applicant or an affected person. The decision of the Land Use Planning Manager may be appealed to the Planning Commission within 15 calendar days of the written decision of the Land Use Planning Manager. The appellant shall pay the cost of the appeal . 'I (4) That the applicant has or will obtain all (5) The facility meets all applicable building (6) The facility meets all zoning standards "(c) All property owners within 300 feet of the subject SECTION 3: That Title 21, Chapter 21.12 of the Carlsbad Municipal Code is amended by the deletion of Section 21.12.010(4). 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 the Carlsbad Journal within fifteen days after its adoption. ... ... ... ... 4 c L 6 7 8 9 10 11 12 a 6 I- O 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 18th day of September r 1984 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 25th day of September , 1984 by the following vote, to wit: AYES : NOES: None ABSENT: Council wnber Prescott Council Fknbzrs Casler , Lewis, Kulchin and Chick ATTEST: Jj_e;ta, s 6- ALETHA L. RAUTENKRANZ, City C1 - ASLER, Mayor