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HomeMy WebLinkAbout1984-09-25; City Council; 7870-1; Regulating Family Day Care Homes in R-1 zoneA. CIT\ JF CARLSBAD - AGENDP ILL 4~# 7870-#1 \IITG. 9/25/84 ZONE CODE AMENDMENT REGULATING FAMILY DAY CARE HONES IN THE DEPT. HD.""" CITY ATTY- CA DEPT. RECOMMENDED ACTION: R-1 ZONE. CITY MGR..-- ZCA-171 - CITY OF CAFtLSBAD That the City Council adopt Ordinance No. 9731. ITEM EXPLANATION The City Council, at your meeting of September 18, 1984, introduced Ordinance No. 9731 permitting and regulating family day care centers in the R-1 zone in compliance with SB-163. Under the new state law, as implemented by the ordinance, a small family day care center serving six or fewer children would be permitted by right in the R-1 zone. Large centers serving from seven to twelve children would be permitted if certain specified standards are met. Council raised a question as to the definition of the term "children" for purposes of the ordinance. Section 1527 of the Health and Safety Code empowers the state to adopt regulations for all types of child day care facilities. The section also specifies that the term "children" refers to infants, pre-school and school age children under 18 years of age for a series of facilities expressly including family day care homes. It appears that the maximum age is 18, that it is defined by the state, and that the City may not impose a more restrictive definition. We have been told that the state does regulate the number, age and mix of children as a function of their licensing procedures. As a result some licenses may limit the age of the children to be served but that is a function of the licensing authority and not a subject amenable to regulation by the City. EXHIBIT Ordinance No. 9731 I 1 2 3 4 5 6 7 8 9 10 11 12 a 19 20 21 22 23 24 25 26 27 28 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 . 12.01 O( 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 khildren, inclukive, 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 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 Carlsbac 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. " (12) (a) Large family day care homes providing care foi 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; 1 2 z 4 fi w E 7 e 9 1c 11 >o k 0 18 19 20 21 22 23 24 25 26 27 28 (2) The lot is not located closer than 1200 linea: -(3) The lot is situated and the play area designec 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 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 . (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 Carlsbac 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 al least once in the Carlsbad Journal within fifteen days after its adopt ion. 0.. ... .e. ... . i 2 3 4 5 6 7 8 9 10 11 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 Septffnber I 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: Council Enhrs Casler, lewis, Kulchin and Chick NOES: None ABSENT: Council "her Prescott ATTEST : -4 ALE HA L. MUTE ( Seal ) . .. , ~ -~ ASLER, Mayor