HomeMy WebLinkAbout1984-09-04; City Council; 7870; Regulating Family Day Care Homes in R-1 Zone* co 0-l rl
/I ;I CITI-JF CARLSBAD - AGENDI~ILL
ZONE CODE AMENDMENT REGULATING FAMILY TITLE: DAY CARE HOMES IN THE R-1 ZONE. AB#
MTG. 9/4/84 ZCA-171 - CITY OF CARLSBAD
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RECOMMENDED ACTION:
Both the Land Use Planning staff and Planning Commission recommend that this application be APPROVED and that the City Council introduce Ordinance No. -3/ .
ITEM EXPLANATION
This item is a zone code amendment which defines and regulates
family day care centers in the R-1 zone. This amendment would implement California Senate Bill 163, adopted last year which requires cities to permit family day care centers of a limited size (12 or less) in single family zones. The major features of this amendment include the following:
1) It defines a "small" family day care center as one serving 6 or fewer children. This type of center would be permitted by right in the R-1 zone.
2) It defines a "large" family day care center as one serving 7 to 12 children. This would be permitted in
the R-1 zone if standards relating to traffic safety, noise and minimum spacing between centers are met. Any application for such centers require notification of property owners within 300 feet.
3) It defines child day care centers which are presently
allowed in the R-3 zone but are not defined by the
Zoning Ordinance. Such centers could provide care for more than 12 children.
Through staff review and Planning Commission hearing, all issues on this matter have been satisfactorily resolved.
ENVIRONMENTAL REVIEW
The Land Use Planning Manager has determined that this project
will not cause any significant environmental impacts and, therefore, has issued a Negative Declaration, dated December 27,
1983, which was approved by the Planning Commission on July 25,
1984. A copy of the environmental documents is on file in the Land Use Planning Office.
EXHIBITS
1) City Council Ordinance No. %g73/ 2) Planning Commission Resolution No. 2237
3) Staff Report, dated July 25, 1984
4) State Senate Bill No. 163
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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,
21.04.106, 21.04.107, 21.10.010(11) AND 21.10.010(12)
AND "FIE 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
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.
21.04.106 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.
21.04.107 Family Day Care Home, Small. A home 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:
"(11) Small family day care homes providing care for 6 or fewer children."
a (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. The Land Use Planning Manager shall issue a permit for operation if the Manager finds:
(1) Adequate ingress and egress to the property is or will be provided to ensure the safe dropping off and picking
up of children;
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(2) The lot is not located closer than 1200 linea
(3) The lot is situated and the play area designel
feet from another large family day care center on the same street;
to minimize any adverse noise 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 permit 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. "
(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 subjec,
SECTION 3: That Title 21, Chapter 21.12 of the Carlsbac
Municipal Code is amended by the deletion of Section
21.12.050)(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 ai
least once in the Carlsbad Journal within fifteen days after its
adopt ion.
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INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the day of I
1984, by the following vote, to wit:
AYES :
NOES :
ABSENT:
MARY CASLER, Mayor
ATTEST :
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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PLANNING COMMISSION RESOLUTION NO. 2237
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, 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( 12) AND THE
DELETION OF SECTION 21.12.050(4) TO PROVIDE FOR FAMILY DAY CARE HOMES. APPLICANT: CITY OF CARLSBAD CASE NO: ZCA-171
WHEREAS, the Planning Commission did, on the 25th day of
July, 1984, hold a duly noticed public hearing as prescribed by la
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.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, th Commission recommends APPROVAL of ZCA-171, according to Exhibi 'A', dated July 25, 1984, attached hereto and made a part hereof, based on the following findings:
Findings:
This zone code amendment implements California State Senate
Bill 163 which provides for the location of family day care homes in single family residential zones.
This zone code amendment provides for reasonable regulations and standards for family day care homes in single family residential zones to ensure that the public's health and welfare are maintained and that such uses will be compatible with single family homes.
The Land Use Planning Manager has determined that this project will not cause any significant environmental impacts and, therefore, has issued a Negative Declaration, dated December 27, 1983, which was approved by the Planning Commission on Jul
25, 1984. A copy of the environmental documents is on file in the Land Use Planning Office.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
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.
Jm Bs MBOTIS, Chairman
ARLS D PLANNING COMMISSION /p ATTEST:
- MIaAEL J. HmZMILLER LAND USE PLANNING MANAGER
PC RES0 NO. 2237 -2-
a _-
STAFF REPORT
DATE : July 25, 1984
TO: Planning Commission
FROM: Land Use Planning Office
SUBJECT: ZCA-171 - CITY OF CARLSBAD - An amendment to the zoning ordinance regulating family day care homes in the R-1
zone .
I. RECOMMENDATION
It is recommended that the Planning Commission adopt the Negative
Declaration as approved by the Land Use Planning Manager and
adopt Resolution No. 2237, recommending APPROVAL of ZCA-171 to
the City Council based on the findings contained therein.
11. PROJECT DESCRIPTION AND DISCUSSION
This item is a zone code amendment which would define and regulate family day care homes for children in the R-1 zone.
This amendment was prompted by the recent adoption of Senate Bill 163 by the California Legislature (1983 Statutes, Chapter 12.33).
This bill defines two types of family day care homes: 1)
"Small" family day care homes - those providing care for 6 or
fewer children; and 2) "Large" family day care homes - those providing care for 7 to 12 children. The text of the senate bill is attached for your information.
To implement this new legislation, staff is recommending that "small" day care homes be allowed in the R-1 zone as a permitted
use. Staff is also recommending that "large" day care homes be allowed in the R-1 zone if approved by the Land Use Planning Manager. In granting such approval, the Land Use Planning
Manager may impose reasonable conditions relating to spacing, traffic control and noise control.
Attached Exhibit "A" is the amendment proposed by staff to comply
with Senate Bill 163. In summary, this amendment would:
1) Define "small" family day care centers (6 children or less), "large" family day care centers (7-12 children) and child day care centers (presently allowed in the R-3
zone but not defined) pursuant to the State of
California, Department of Social Services definitions.
2) Permit "small" family day care centers in the R-1 zone
by right.
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3) Permit "large" family day care centers in the R-1 zone if approved by the Land Use Planning Manager. In making such approval, the Land Use Planning Manager must find
that the following requirements are met by the proposed use:
A drop off and pick up area shall be provided which allows safe ingress and egress.
The site shall be designed to minimize play yard noise impacts to adjacent properties. The Land Use Planning Manager would have the ability to require noise attenuation measures (e.g. walls or fences).
A minimum spacing requirement of 1200 lineal feet between "large" day care homes located on the same
street shall be maintained.
Any application for a "large" family day care center would require notification of all property owners within 100 feet of the proposed site. Also, any decision of the Land Use Planning
Manager would be appealable to the Planning Commission.
Staff believes this amendment adequately implements SB 163 and,
therefore, recommends approval of ZCA-171.
111. ENVIRONMENTAL REVIEW
The Land Use Planning Manager has determined that this project
will not cause any significant environmental impacts and, therefore, has issued a Negative Declaration, dated December 27, 1983, which was approved by the Planning Commission on July 25, 1984. A copy of the environmental documents is on file in the Land Use Planning Office.
ATTACHMENTS
1. PC Resolution No. 2237 2. Exhibit "A", dated January 11, 1984 (City Council Ordinance)
3. Environmental Documents
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AMENDED IN ASSEMhY AUGUST 23,1983
AYIENDED IN ASSEMBLY JULY 6,1983
AMENDED IS SEXATE MAY 3,1983
AhIENDED IN SESATE APRIL 11,1983
AMENDED IN SENATE APRIL 4,1983 . r SENATE BILL No. 163
Introduced by Senator Watson
(Coauthor: Assemblyman Bates)
January 17, 1983
An act to amend Sections 1597.51, 1597.52, 1597.54, and
1597.61 of, to amend and renumber Sections 1597.50 and 1597.501 of, to add Sections 1597.35, 1597.45, 1597.46, 1597.47,
and 1597.63 to, and to repeal Section 1597.63 of, the Health and Safety Code, relating to family day care homes.
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LEGISLATIVE COUNSEL'S DIGEST
SB 163, as amended, Watson. (1) Under existing law, all family day care homes for children are required to be considered a residential use of
property for the purposes of local zoning and no conditional use permit or special exception may be required for such residences. The bill would classify family day care homes into hvo
classes, large family day care homes and small family day care
homes. It would, in relation to a large family day care home, authorize a local government to classifv those homes as a permitted use of residential property for zoning purposes,
grant a permit to use residential property to such a home that complies with specified local ordinances and specified provisions of state law and any regulations adopted by the State Fire Marshal pursuant thereto, or require such a home
Family day care homes.
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September 17, 1984,
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Mayor Mary Casler City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008
Honorable Mayor Casler and Council Members:
It has come to our attention that the Council will be considering at the Tuesday, September 18, 1984 meeting, Ordinance 9731 ZCA 171 (ITEM#15). The adoption of the zone
code amendment regulates the operation of day care facilities
in the R-1 zone.
The adopting resolution would specifically allow:
‘I... 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.
However, the resolution does not address the possibility of operatkng a day care facility in an R-1 zone without the
owners zesiding on the premises.
We believe the Council should include this option in ordinance 9731.
If the Council members do not feel they can include this statement as a general provision, we would urge yoil to include a provision for the Land Use Planning Manager to consider the operation of this type of facility on an individual basis.
In addition, we would recommend that the maximum number of children allowed in a day care center in the R-1 zone be
greater than 12 proyided that the center still meets required conditions.
This letter 2s written with a specific day care facility in mihd .
September 17, 1984 Letter: !layor Casler & Council Members Page Two
The Oak Avenue Family Learning Center is a very high quality operation that currently has a waiting list.
As you are well aware, the need for high quality day care facilities that provide a positive learning and growing environment for our children, evidences an increasing concern for all communities.
We the undersign, believe Oak Avenue Family Learning Center provides an essential and quality service to the City of Carlsbad.
The aforementioned revisions to ZC ,171 would allow for the potential expansion and continued operation of the Oak Avenue
Center.
We appreciate your consideration of our requests.
cc: City of Carlsbad Clerk Land Use Manager
Carlsbad Journal
Decreed a Legal Newspaper by the Superior Court of Son Diego County
3 138 ROOSEVELT ST. 0 P.O. BOX 248 CARLSBAD, CA 92008 729-2345
Proof of Publication
STATE OF CALIFORNIA, ss,
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled matter.
I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation,
published twice weekly in the City of Carlsbad, Cclunty of Sun Diego, State of California, and which
newspaper is published for the dissemination of locctl news and intelligence of a general character, and
which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying
subscribers, and which newspaper has been established and published at regular intervals in the said
City of Carlsbad, County of Sun Diego, State of California, for a period exceeding one year
next preceding the date of publication of the
notice hereinafter referred to; and that the notice
of which the annexed is a printed copy, has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
-
NOTICE OF PUBLIC HEARING ZCA-171
......... .August. 2.2.. .......... 19.84.
NOTICE IS HEREBY GIVEN that the City Council of the City of Carls- bad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad. California, at 6:WP.M.. onTuesday, September 4, 1984. to consider an application for a zone code amendment to per- mit family day care centers in the R-1 zone. Applicant: City of Carlsbad
CI W274: August 22, 1984 CARLSBAD CITY COUNCIL
................................. 19 ....
................................. 19 ....
................................. 19 ....
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I certify under penalty of perjury that the foregoing is true
and correct. Executed at Ca Isba o ty of San Diego,
State of California on
dayof-- August 1984
the 4fnY
p. C2t/& & CGS L7!/4b--yl
,herk of the Printer
. ..
dOTICE OF PUBLIC HEARING
ZCA-171
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will
hold a public hearing at the City Council Chambers, 1200 Elm Avenue,
Carlsbad, California, at 6:OO P.M., on Tuesday, September 4, 1984, to
consider an application for a zone code amendment to permit family day care centers in the R-1 zone.
APPLICANT: City of Carlsbad
PUBLISH : August 22, 1984 CARLSBAD CITY COUNCIL
NOTICE IS HERE6Y GIVEN that the Planning Cdssion of the City of Carlsbad will
hold a public hearing at the City Council Chars, 1200 Elm Avenue, Carlsbad,
California, at 7:OO p.m. on Wednesday, July 25, 1984, la oomider approval of a zone de mndment to permit family day care centers in the R-1 zone.
Those persons wishing to speak on this proposal are oordially invited to attend the public hearing.
Off ice at 438-559 1 . If you have any questions please call the Land Use Planning
CASE FILE: ZCA-171
APPLICANT: City of Carlsbad (Family Day Care Centers)
PUBLISH : July 14, 1984
CITY OF CARLSBAD PLANNING OOMMISSION