HomeMy WebLinkAbout1989-01-10; City Council; 9813; APPEAL OF A PLANNING COMMISSION APPROVAL OF A LARGE FAMILY DAYCARE PERMIT DC 88-03 (FRAZAR)0 c,
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m The Planning Commission and staff are recommending that the City Council
0 the appeal upholding the Commission’s decision to approve DC 88-3.
c -- ITEM EXPLANATION
This is an appeal of a Planning Commission approval of a large family Da Permit for property located at 2606 El Rastro Lane in the Rancho Pond subdivision. The applicant received a previous large Daycare Permit at an location from the Planning Commission but was evicted by her landlord afte years of operation. The eviction took place following complaints by neig after they received a public hearing notice from the City.
In reviewing a large family Daycare Permit, the Planning Commission, under code, must find that there will be no more than 12 children on the premis any one time, there is adequate ingress and egress to the property, that th is situated to minimize noise impacts to adjacent properties, that the appl has all applicable licenses, and that the facility meets all other z
Both staff and the Planning Commission felt that all of the findings cou made. Numerous unannounced field checks have indicated that there are no than 12 children onsite at one time. The City Engineering Departmen reviewed the property and found street capacity and ingress and egress safe. It was also felt that the proposed site is one of the best homes i area for daycare as it contains 30 to 50 foot bluffs on three sides. The t contain heavy landscaping and will help buffer visibility of the site and coming from the facility. Only one home is directly adjacent to the prof It is vacant and currently owned by a church. A solid fence separates tt
The Planning Commission 1 istened to considerable testimony from both sides proponents of the project stressed the critical need for in-home day carc minimum amount of traffic, and the fact that the applicant runs an excc family-like facility. The opponents felt that the project would add noi: traffic to the neighborhood and questioned the traffic engineers’ positior the streets are safe and adequate to handle the facility.
The Planning Commission felt that all the findings could be made and wer obligated under current state legislation to approve the project.
ENVIRONMENTAL REVIEW
Large family Daycare Permits are statutorily exempt under the State Heal Safety Code Section 1597.46. Because it is an existing unit in an ex neighborhood it is unlikely that staff would have required any addi
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Page 2 bf Agenda Bill No. 9 813
FISCAL IMPACT
There is no direct fiscal impact to the City from either the approval or denial of this project.
EXHIBITS
1) Location Map
2) Planning Commission Reso. No. 2798
3) Planning Commission Staff Report dated 12/7/88 4) Excerpt from Planning Commission minutes dated 12/7/88
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city of Carlsbai
FRAZAR DC 88-
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PLANNING COMMISSION RESOLUTION NO. 2798
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A LARGE FAMILY DAYCARE CENTER ON PROPERTY
GENERALLY LOCATED AT 2606 EL RASTRO LANE.
APPLICANT: FRAZAR CASE NO.: DC 88-3
WHEREAS, a verified application for certain property to wit:
Lot 267 of Carlsbad Tract No. 73-18, Unit No. 4.
has been filed with the City of Carlsbad and referred to the P1
Commission; and
WHEREAS, said verified application constitutes a request as provi
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of December,
hold a duly noticed public hearing as prescribed by law to conside
request; and
WHEREAS, at said public hearing, upon hearing and considerii
testimony and arguments, if any, of all persons desiring to be heard
Commission considered all factors relating to DC 88-3.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commiss
follows:
i A) That the above recitations are true and correct.
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That based on the evidence presented at the public hearinc
Commission recommends APPROVAL of DC 88-3, based on the fol
findings and subject to the following conditions:
B)
Findinqs:
1. The property does have adequate ingress and egress to ensure tt
dropping off and picking up of children since the home’s gara
adequate space to accommodate two cars and this approval ha
conditioned to require the applicant’s car to be parked‘in the
during daycare operating hours.
The center would not substantially increase traffic and parking o
density residential street since the use generates a very low vo-
traffic and only requires two employees to park on the street.
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3. The center would be compatible with the existing residential us would not be disruptive to the single family character of the because the use will occur entirely within the house or the rearyard of the property.
The play area for twelve children is adequate in size and surroun a solid wood and chainlink fence so the proposed use will not adv impact the adjacent properties.
4.
Conditions
1. This daycare permit is issued for a period of one year. The P1 Department shall conduct quarterly reviews of the site to ensur the conditions of approval are being adequately met and that the d use is compatible with the surrounding neighborhood in terms of tr parking, noise, access and pub1 ic safety and we1 fare. If at somc the Planning Director determines that problems in these areas this daycare permit shall be brought back to the Planning Corn for review. At that time the Planning Commission may add f conditions or may revoke this permit. After ten months the app may request an extension of this permit from the Planning Commisc one year increments.
2. Operating hours shall be weekdays from 7:15 a.m. to 6:15 p.m. exc major holidays.
3. No more than twelve children shall be onsite during daycare including children living onsite.
4. All children attending this daycare facility shall be under six of age with the exception of the applicants own children.
5. The applicant’s car will be parked in the garage during d operating hours in order to have the driveway free and clear f dropping off and picking up of children.
6. The applicant shall take all reasonable measures possible t activity planning to hold noise to a minimum.
7. The lock on the front door shall be adjusted and the fire alarms to the satisfaction of the Fire Marshall.
Indoor/outdoor carpet shall be installed on the concrete patio L the children on the east side of the property. 8.
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PC RES0 NO. 2798 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the P1
Commission of the City of Carlsbad, California, held on the 7th (
December, 1988, by the following vote, to wit:
AYES : Matthew Hall, Vice Chairman, Commissioners: Schramm,
NOES: None.
ABSENT: Chairperson McFadden.
ABSTAIN: None.
Schlehuber, Holmes, Erwin and Marcus.
H, 1 \Cx MATT# Cw
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOkZlhILLEw
PLANNING DIRECTOR
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PC RES0 NO. 2798 -3-
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I APPLICATION COMPLETE DAT NOVEMBER 8, 1988
,< a STAFF REPORT
DATE: DECEMBER 7, 1988
TO : PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: DC 88-3 FRAZAR - Request for approval of a large family Daycai Permit on property located at 2606 El Rastro Lane in the Plannc Community Zone in Local Facilities Management Zone 12.
I. RECOMMENDAT ION
That the Planning Commission ADOPT Resblution No. 2798 APPROVING DC 88-3, bas€ on the findings and subject to the conditions contained therein.
11. PROJECT DESCRIPTION AND BACKGROUND
The applicant has applied for a large family Daycare Permit to be located at 260
El Rastro Lane. A large daycare home provides care for seven to twelve children A large family Daycare Permit is usually handled administratively, unless a appeal is made to the Planning Commission. In this case, after the public notic was sent out, staff received numerous requests for a public hearing. Subsectio 21.10.010 (12)(A) of the Carlsbad Zoning Ordinance states that the decision o the Planning Director can be appealed to the Planning Commission. In thi instance it became obvious that whatever decision the Planning Director mad would be appealed to the Planning Commission. In an effort to avoid unnecessar delays this item is being submitted directly to the Planning Commission.
The applicant is currently renting the house on a year-to-year lease. She move( into the neighborhood on November 15, 1988 and continued operating the daycart facility that she had at her previous location. Staff had hoped to schedule tht public hearing prior to her moving, but due to workload was unable to.
111. ANALYSIS
Plannins Issues
1. Does the proposed project comply with the requirements for a large familq
daycare home?
A. Is adequate ingress and egress to the property provided to ensure the safe dropping off and picking up of children?
B. Is the lot located at least one thousand two hundred lineal feet from another large family day care center on the same street?
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DC 88-3 FRAZAR DECEMBER 7, 1988 PAGE 2
C. Is the lot situaied and the play area designed to minimized a adverse noise impacts to adjacent properties?
Has the appl icant obtained all 1 icenses and permits required by stai law for operation of the facility?
Does the facility meet all applicable building standards and wi' not have a significant adverse affect on the environment which cannc be mitigated or for which a finding of overriding consideratic cannot be made?
Does the facility meet all zoning standards otherwise applicable t other single-family residences?
D.
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Discussion
Staff has visited the site on several occasions and recommends approval of C 88-3 for the following reasons:
1. The home provides a two and a half car garage which allows the applican to park inside leaving the driveway clear for dropping off and picking u of children. The facility averages two employees whose cars will be parke on the street. All in all, the proposed site provides safe and adequat ingress and egress for the daycare facility.
The proposed facil ity is not located within 1,200 1 ineal feet from anothei licensed large family daycare facility. There is, however, a smal' licensed (six children and under) childcare facility located at 2706 E Rastro Lane. The City's ordinance does not prohibit a large family daycarc from locating near or adjacent to any small family daycare facijities. A small family daycare is considered a family with little or no impact: to the surrounding neighborhood.
The site has more than adequate play area (indoor and outdoor) to satisfj the requirements of the San Diego Daycare Licensing Agency. The City ana state do not have any specific square footage requirements, although they do require that the outdoor play area be fenced in and separated from vehicular circulation and parking area. The proposed site has a large landscaped slope in the rear and west2rly side yard which will provide an excellent noise buffer from neighboring homes. It also provides the required six foot high fence encompassing the entire rear yard.
The applicant is a licensed daycare provider. She has contacted the Social Services Department and Fire Department and has obtained the necessary permi t s .
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0 0 DC 88-3 FRAZAR DECEMBER 7, 1988
PAGE 3
5. The Fire Marshal has visited the site and found that the site meets
applicable fire and life safety codes contained in Title 24 of California Administrative Code as amended, except for two items. The 1 on the front door will have to be changed and the fire alarm needs to wired. One of the conditions of approval requires that these changes made.
6. The facility meets all zoning standards applicable to other single fam homes.
The proposed facility meets all of the City requirements for a large fam- daycare. However, the surrounding neighbors are very concerned about impac such as traffic, noise, and a possible violation of the Rancho Ponderosa cC&R'
The CUR'S prohibit the operation of a business in one's home. Although the C- does not enforce CC&R's, it should be brought up that the state has voided CC&I restricting or prohibiting childcare homes in residential neighborhood Attached is Section 1597.40(C) of the State Health and Safety Code which dea with this issue. Also attached to this report are the neighbors' letters concern. Since a form letter was circulated, several are duplicate letters.
In summary, the proposed facility meets all zoning regulations and would provi a much needed service to the community. As conditioned, it should have adverse impact on the neighborhood. Staff recommends approval of DC 88-3 wi the condition that this permit be issued for a period of one year. After t months the applicant could request an extension in one year increments.
I V . ENV I RONMENTAL REV I EW
According to the State Clearinghouse, large family daycare permits a statutorily exempt under Health and Safety Code Section 1597.46.
ATTACHMENTS
1. Planning Commission Resolution No. 2798 2. Location Map 3. Background Data Sheet 4. Exhibit "A-B" dated September 29, 1988 5. Letters in support 6. Letters in opposition
WJD: af November 9, 1988
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BAcKQMuNDmTAsHEET
CASE No: K! 88-3
APPLIW: mery1mzar
-t t I7EQuEsTANDL13cATIoN: be located at 2606 El Rastro Lane
Requ est am- of a larye family daycare perrm
LEGAL I)EsmmON: bt 267 of Carlsbad bract No. 73-18, Unit NO. 4
AFW: 255-112-09
Acres .27 Proposed No. of Lotsflnits 1
cxNER?G PLAN AND zc"G
Lard Use Designation RLM
Density Allwed 0-4 Wac -itY m'oposed -
PC Existingzone PC Proposed zone
surrolnding zoning and Land use:
zoning Land use
Site PC SFD
North PC SFD
sauth PC SFD
East PC SFD
west PC SFD
EuaLIC FACILITIES
scfiool District SanDieguito Water Olivenhain Sewer Leucadia
EDU'S public Facilities Fee Agrement, Date
E"MENTAL IMPACT ASSISSENT
Negative Declaration, issued
E.I.R. certified, dated
other, Statutorily exempt under Health and Safety Code Section 1597.46
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Pamily my Care mes
Dt-rPtS fran Chapter 3.6, Division 2 of the Health and Safety MF!
Repealer Note: Chapter 3.6, Division 2 of the tie
and Safety Code is repealed on July 1, 1'
undzr the provisions of Health ad Safety
section 1597.65.)
(Section 1597.35 repaled by Stats. 1984, 1615.)
Legislature that fanily day care homes
children must be situated in normal resident
surroundings so as to give children the k
environment which is conducivo to heal thy safe developnent. It is the public policy
this state to provide children in a family care home the same home environment as provi in a traditional hane setting.
The Legislature declares this policy to be
statewide concern with the purpose of occupy
the field to the exclusion of municipal toni
building ard fire des and regulations govern
the use of occwancy of family day care homes
children, except as specifically provided for this chapter, and to prohibit any restrictic
relating to the use of single-fanily residenc
for family day care hcws for children except
provided by this chapter. (b) Every provision in a written instrume
entered into relating to real property whi
purports to forbid OK restrict the con;reyanc
encunbrance, leasing, or mortgaging of such re property for use OK occupancy as a fanily d
care home for children, is void and eve
restriction or prohibition in any such writt
instrument as to the use OK occupancy Of ti
proprty as a family day care hane for childrc
is void.
(c) Every restriction or prohibition sntert
into, wh2ther by way of covenant, condition up( use or occupancy, or upon transfer of title i
real property, which restricts or prohibit
directly, or indirectly limits, the acquisitior
use, OK occupancy of such property €or a famil
day care home for children is void.
(Renunbered--focmerly 1597.501--ad amended t:
Stats. 1983, Ch. 1233.)
1597.45. All of the followinq shall apply t
small family day care homes:
(a) The use of single-fanily residence as small family day care hane shall be considered
pol icy 1597.40. (a) It is the intent of
NEe-b
[ CC-C RE
Applicable to small
family day care hanes
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November 14,1988
The City of Carlsbad
Planning Department
Dear Sirs:
As the homeowner of 2606 El Rastro Lane, I felt compelled to
write this note regarding tbe request by Cheryl Frazar for a iarg family day care permit. Although much has been said and written b
' the neighbors on El Rastro Lane, and others in areas less affecte
by this request, I believe it's equally important for the city to
take into account the opinion of Cheryl's new landlord.
When I was first notified by our real estate agent that a "d
care" person was interested in renting our home, there were obvio
concerns relating to upkeep of the home, wear and tear, noise in
the neighborhood, increased traffic and the general deterioration
of the living environment for our neighbors. However, I was invit
by Cheryl to visit her La Costa residence, at my leisure, to view
firsthand the way her day care facility is operated and the overa:
condition of the home. I did so unannounced on several occasions
during the following weeks and was extremely impressed with the
upkeep of the house, her professional approach to running the day
care, and the relatively unobtrusive nature of the operation. In
short, I found the facility to be quiet (both inside and out), we:
maintained, and having no obvious detrimental affect on the qualil
of the neighborhood.
With these psychological hurdles overcome, we agreed on a
lease for our home on the conditions that a liability insurance
policy be obtained for the day care operation, and that a gardener
be retained to insure the proper appearance of the home. Cheryl
suggested that we have a get together with the immediate neighbors
to introduce her and make them aware of her day care operations.
Having done this, and receiving no written or verbal complaints, I
was quite surprised by the outpouring of negative emotion one rnont
later when the notice was sent by your office.
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I believe unequivocallY that Cheryl should be granted her permit to operate the large..famiIY day care. Although Sone of th
neighbors have now expressed concerns ranging from increasing no
to decreasing home values,
demonstrated that home day care can, and will continue to be, an
asset to the cornnunity.
I believe that Cheryl has clearly
L Sincerely,
Timot <3 Going +3 2606 El Rastro Lane
Carlsbad CA 92009
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-NORTH COAST/TO R R EY PIN ES PEDIATI
MEDb
DAVID R. SCHM(
SARITA DOYLE EASTMAN, M.D. VICTOR LIPP, M.D. 0 DOUGIASV
STEVEN A BALCH, M.D. DOROTHY DAMES JOHNS3N. M.D.
THOMAS G. NEGLIA, M.D.
VJ Lo FELLOWS. AMERICAN ACADEMY OF PEDIATRICS
/ November 16, 1988
Mr. Michael Holzmiller
Planning Director
2075 Las Palmas Drive
Carlsbad, California 92009-4859
Dear Mr. Holzmiller:
I am writing to you in support of Mrs. Cheryl Frazar's requc
for a business license to operate a daycare center in her hox
As you are aware, I am sure daycare,is a very important s
- necessary 'aervice in this day of working parents. Our practj
in La Costa sees approximately seventy-five new babies per mon!
with at least half of these infants needing daycare. we t
receiving requests daily to recommend good, reliable, conscit
tious daycare providers from these parents.
I feel that it is partly a responsibility of local government
allow good daycare centers to be provided in the local cornmunit
I also feel that a properly supervised home daycare Center C
provide a much more personal and familiar setting for the
children than the larger,commercially run centers.
It is for this reason that I feel that home daycare, like MI
Frazar's and similar homes, be licensed by the City of CarlSl
for use by our children.
I would be very willing to discuss this with you if you WOU
like to call me. S-e>+& A">
Thomas G. Neglia, M.D. HN . i?,
TGN/lc j/P r*, a ' ,
PEDIATRICS & ADOLESCENT MEDICINE
530 LOMAS SANTA FE 9834 GENESEE, SUITE 312 7690 EL CAMIF LA JOLLA CA 92037 SOLANA BEACH, CA 92075 CARLSBAD. C/
(619) 457-4470 (619) 755-9776 (619) 436-4
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October 19, 1988
Planning Department
2075 Las Palmas Drive
Carlsbad, California 92009
To the Members of the Planning Department;
want to protest the proposed large family daycare permit at 2606 El
Rastro Lane, Carlsbad, It 267 of map 8362 of Carlsbad Tract 73-18,
Unit No. 4 as recorded by San Diego County.
It is next door to one of the parsonages owned by the church, a
house in which I lived for the last four years, which makes me familar
with the neighborhood.
As senior pastor of the San Dieguito United Methodist church, I
My reasons for opposition are the following:
1. There is a daycare facility in one of the homes four doors
2. There are many young couples with large families who live
on El Rastro Lane which makes the child population on
that street very large. This is not only a noise factor,
but a concern shared by many neighbors with their driving
patterns. Toys and other play objects are continually
left on sidewalks and in the gutters.
3. Perhaps most importantly, which ties in with the above
reasons, is the tremendous increased traffic flow that will
occur if the permit is granted. In addition to the other
daycare a few doors down the street, parents will constantly
be coming and going to drop off and pick up their children.
In principle, I'm not against daycare centers of this kind. Indeed, I
am for them. However, in light of neighborhood demographics which
includes another daycare center on same street, I believe it would be
unwise to grant the permit.
down on the same side of the street.
Sincerely,
JH ti ,7-)?- 1 KL ,L i;/zc(
Rev. Dr. James Dallas
333 EiiciIiitas 13otilcvard Ik*initas, ('uli1i)niiu 92024-3793 l'lio~ic: (ti I!)) i53-(E
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October 21, 1988
City of Carlsbad r :; Planning Department
2075 Las PsLrnas Drive
Carlsbad, Ca. 92009
RE: Case File DC 88-3
To Whom It May Concern
I am a resident of Rancho Ponderosa in Carlsbad.
This letter concerns the permit request being made by
Cheryl Frazar to enable her to have a day care center
for 7-12 children in her rented home at 2606 El Rastro
Lane.
It specifically states in our CC&R's that one cannot
run a business out of their home. I understand the need
for family day care.and have no objection to people
watching 4-6 children in their homes. However, I feel
7-12 children goes beyond what can be considered a
service to the neighborhood. The increased traffic,
parked cars and up to 12 children in a concentrated area
would be a safety hazard to existing homeowners and their families. Also, I feel the two employees that Ms. Frazar
needs to safely run her day care definitely constitutes
a small business. This type of large day care Operation
would be better,suited to a building not located in a
residential area. Therefore, I strongly oppose granting
this day care license.
I would appreciate your careful consideration in this
matter.
Thank you.
Sincerely,
+-.J.-jL LL ' y=-Y
\,IiCCL /"i I I i -c L i C'C. 'C 1 .,
7968 La Gacha Lane
Carlsbad, CA 92009
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October 21, 1988
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City of Carlsbad
Planning Department
2075 Las Palmas Drive
Carlsbad, Ca. 92009
RE: Case File DC 88-3
To Whom It May Concern
I am a resident of Rancho Ponderosa in Carlsbad.
This letter concerns the permit request being made by
Cheryl Frazar to enable her to have a day care center
for 7-12 children in her rented home at 2606 El Rastto
Lane.
It specifically states in our CC&R's that one cannot
run a business out of their home. I understand the need
for family day care and have no objection to people
watching 4-6 children in their homes. However, I feel
7-12 children goes beyond what can be considered a
service to the neighborhood. The increased traffic,
parked cars and up to 12 children in a concentrated area
would be a safety hazard to existing homeowners and their
families. Also, I feel the two employees that Ms. Frazar
needs to safely run her day care definitely constitutes
a small business. This type of large day care operation
would be better suited to a building not located in a
residential area. Therefore, I strongly oppose granting
this day care license.
I would appreciate your careful consideration in this
matter. ..
Thank you.
Sincerely,
d&r?Lh dw
7966 /2LP!kwQJ cchce, * ca 9doo9
0. 1,
October 21, 1988
City of Carlsbad
Planning Department
2075 Las Palmas Drive
Carlsbad, Ca. 92009
RE: Case File DC 88-3
To Whom It May Concern
I am a resident of Rancho Ponderosa in Carlsbad.
This letter concerns the permit request being made by
Cheryl Frazar to enable her to have a day care center
for 7-12 children in her rented home at 2606 El Rastro
Lane.
It specifically states in our CC&R's that one cannot
run a business out of their home. I understand the need
for family day care and have no objection to people
watching 4-6 children in their homes. However, I feel
7-12 children goes beyond what can be considered a
service to the neighborhood. The increased traffic,
parked cars and up to 12 children in a concentrated area
would be a safety hazard to existing homeowners and their
families. Also, I feel the two employees that Ms. Frazar
needs to safely run her day care definitely constitutes
a small business. This type of large day care operation would be better.suited to a building not located in a
residential area. Therefore, I strongly oppose granting
this day care license.
I would appreciate your careful consideration in this
matter.
.I
Thank you.
Sincerely,
\
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October 21, 1988
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, Ca. 92009
RE: Case File DC 88-3
To Whom It May Concern
Planning Department ft
I am a resident of Rancho Ponderosa in CarLsbad.
This letter concerns the permit request being made by .
Cheryl Frazar to enable her to have a day care center
for 7-12 children in her rented home at 2606 El Rastro
Lane.
It specifically states in our CCsR’s that one cannot
run a business out of their home. I understand the need
for family day care and have no objection to people
watching 4-6 children in their homes. However, I feel
service to r;he neighborhood. The increased traffic,
parked cars and up to 12 children in a concentrated area
would be a safety hazard to existing homeociners and their
families. Also, I feel the two employees that Ms. Frazar
needs to saEely run her day care definitely constitutes
a small business. This type of large day care operatlori
would be better suited to a building not located in a
residential area. Therefore, I strongly oppose granting
this day care license.
. 7-12 children goes beyond what can be consldered a
I would appreciate your careful consideration in this
matter. .
Thank you.
Sincerely,
9kLJ.d LLu.-d&-
--PI 30 LtX. CqWL 71
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October 21, 1988
City of Carlsbad
Planning Department
2075 Las Palmas Drive
Carlsbad, Ca. 92009
RE: Case File DC 88-3
To Whom It May Concern
'I am a resident of Rancho Ponderosa in Carlsbad.
This letter concerns the permit request being made by .
Cheryl Frazar to enable her to have a day care center '
for 7-12 children in her rented home at 2606 EL Rastro
Lane.
It specifically states in our CC&R's that one cannot
run a business out of their home. I understand the need
for family day care and have no objection to people
watching 4-6 children in their homes. However, I feel
7-12 children goes beyond what can be considered a
service to the neighborhood. The increased traffic,
parked cars and up to 12 children in a concentrated area
would be a safety hazard to existing homeowners and their
families. Also, I feel the two employees that Ms. Frazar
needs to safely run her day care definitely constitutes
a small business. This type of large day care operation
would be better suited to a building not located in a
residential area. Therefore, I strongly oppose granting
this day care license.
I would appreciate your careful consideration in this
matter. .
Thank you. &JJ@ -&%G p<
Sincerely, /i
,774'2 L$J lt?/ &&L- dew
@LY -7GL3
-
a w
October 21, 1988
City of Carlsbad Planning Department
2075 Las Palmas Drive
Carlsbad, Ca. 92009
RE: Case File DC 88-3
To Whom It May Concern
I am a resident of Rancho Ponderosa in Carlsbad.
This letter concerns the permit request being made by
Cheryl Frazar to enable her to have a day care center
for 7-12 children in her rented home at 2606 El Rastro
Lane.
It specifically states in our CC&R's that one cannot
run a business out of their home. I understand the need
for family day care and have no objection to people
watching 4-6 children in their homes. However, I feel
7-12 children goes beyond what can be considered a
service to the neighborhood. The increased traffic,
parked cars and up to 12 children in a concentrated area
would be a safety hazard to existing homeowners and their
families. Also, I feel the two employees that Ms. Frazar
needs to safely run her day care definitely constitutss
a small business. This type of large day care Operation
would be better'suited to a building not located in a
residential area. Therefore, I strongly oppose granting
this day care license.
I would appreciate your careful consideration in this
matter. ,
Thank you.
Sincerely, -
hLafl./\ \/f c- ?-A
?W@ 7& /7 .C&!> /> -d 47 y2. Uccd-r PC, qj2 c,?? (
i u "
e W
Ci'ty oi Carlsba,d
* Planning Department
2075 Las Palmas Drive
Carlsbad, Ca. .. 92009
RE: Case File DC 88-3
To Whom It May Concern
i am a resident of Rancho Ponderosa in Carlsbad.
This letter concerns the permit request being made by
Cheryl Frazar to enable herto have a day care center
for 7-12 children in her rented home at 2606 El Rastro
Lane.
It specifically states in our CC&R's tha,t one cannot
run a business out of their home. I understand the need
for family day care and have no objection to people
watching 4-6 children in their homes., However, I feel
7-12 children goes beyond what can be considered a
service to the neighborhood. The increased traffic,
parked cars and up to 12 children in a concentrated area
would be a safety hazard to existing homeowners and their
families. Alsor I feel the two employees that Ms. Frazar
needs to safely run her day care definitely constitutes
a small business. This type of large day care Operation would be better'suited to a building not located in a
residential area. Therefore, I strongly o.ppose granting
this day care license.
I would appreciate your careful consideration in this '
matter. *
Thank you.
Sincerely,
.-I t .~.d :) -. 1 . LC % <. . //L *!'c-
I 7 _. ,,- ,'
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October 26, 1988
City of Carlsbad
Planning Department
2075 Las Palmas Drive
Carlsbad, California 92009
Attention : Wilma Diepersloot
Gen tlemen :
This letter is in response to the Notice of Request for a Large Family
Daycare Permit at 2606 El Rastro Lane, Carlsbad, California, dated
October 17, 1988, which we received last week.
As homeowners at 2605 El Rastro Lane, we are very much concerned and
vehemently opposed to a daycare center almost directly across the street.
El Rastro Lane is a street of young couples with small children, whom we
enjoy. However, we do almost constantly have children playing in the
street, seemingly with no supervision, and near-accidents have occurred.
We feel it is only a matter of time before one or more children are injured
or worse.
Further, cars coming early in the morning and again in late afternoon
would create additional traffic problems (i.e., parking on this narrow strc
with a blind corner adjacent), along with the noise and confusion.
The entire neighborhood is upset about this. Personally, we ask that yo1
reconsider the request of Ms. Frazar. It would create a dangerous, un-
desirable situation on El Rastro Lane at the very least.
Yours very truly,
1
7 I. // ’- -- /4’ [: / /fl’ q
7 - ( *: I,
[;>,‘I-,, t. 7 ’ .’’-L. /-L /
Phyllis and James Jaenicke
2605 El Rastro Lane
Carl sbad, Ca I i fornia Qi:i )
(61 9) 944-5641
0. a
CUrnSiS M~~~g~~~!i% C0RTIpariuy
October 25, 1988
Planning Department
2075 Las Palmas Drive
Carlsbad, CA 92009
Attention : Wilma Die pe r s loot
RE: DC 88-3
Dear Ms. Diepersloot:
The Board of Directors at Rancho Ponderosa have furthe
researched the large day care facility being considered i
Eancho Ponderosa.
They met with the prospective resident and the owner of th
property and have addressed their concerns. Nothing really ha
been resolved.
While we recognize the C.C.&R.’s may no longer be valid with th
City of Carlsbad or the State of California in regard to larg
day care facilities, these are the governino, documents the Soar
of Directors for Rancho Ponderosa have been elected to uptiold
The Board perceives that a large day care facility will $?grad
the quality of living within the Area. The traffic wil
increase as a result of parents droppjnp, their childreri \~ff i
the morning and picking them up in the evening.
With the above concerns and perhaps more judging by the phon
calls received in this office with regard to your notice
perhaps it would be in the best interest of the pendin
permittee, the homeowners of Rancho Ponderosa and the City o
Carlsbad to schedule a hearing to address all concerns. slmlsmd(v e
Don Giangreco
Property Elanager KT 1 ’
DG:bar
cc: Board of Directors
REAL ESTATE MANAGEMENT & I’vlARKETING
10455 SORRENTO VALLEY ROAD, SUITE 102, SAN DIEGO, CA 92121 (619) 587-9844,436-4
0. e
0) 25,/9?@B
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in dvy fle/q&hwd I ad f& fhe most pot+, fb am mdi~+inqulsh~b/e acept' & fhe added -fraf so my cbvlcems am dded af fie ~~Miyjm5
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~hhdvevl on this sfweif-, AM^ alfiouqh Y""7 we have c~~ufibr?ed owaw~ aildrw ab&- the L~YYIW, mny CLZifdrm (~~td Somet)& OW
oLJ9 .g iy I;? fhe sk-ef OH ~I%-CS a& shf~h
ne +v aft& is addrh;?Ma// L~AZ~L~~US in -t /~)-e afkmaon tuhm wesf Y mnd aufomohr'les &e the Sefftlzg SUM * -fbk 1s precisel ccthev
mosf of the do7 are ohrldrm are like -f-o 1
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picked up
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fhe tornvnuni'fy n<ed &- andfhw d
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jabs i~to acaumt fie above &ck 2 rsl
The City df W~C its ConC/USloMS about
re mkv ai ibis locsfiq ayahsf "I fhe
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CUfliS Mari-uag@lT,=Ent
~O~p~lil~ <, .
October 25, 1988
Planning Department
2075 Las Palrnas Drive
Carlsbad, CA 92009
Attention: Wilma Diepersloot
' RE: DC 88-3
Dear Ms. Diepersloot:
The Board of Directors at Rancho i'oriderosa have furthe1
researched the large day care facility being considered it
fiancho Ponderosa.
They met with the prospective resident and the owner of tht
property and have addressed their concerns. Nothing really ha:
been resolved.
While WE: recognize the C.C.&R.'s may no loriqer be valid xith thl
City of Carlsbad or the State of California in regard t.o !argl
day care facilities, these are the governin< documents tht- I5oari
of Directors €or Rancho Ponderosa hiivc hccn cl cc'tet! to ii;~!i~.)I(!
The Board perceives that a large day care facility will. <!?grad
the qual.ity of living within the Area. The traffi:: i;il
increase BS a result of parents dropping their children "ff i
the morn.ing and picking them up in the evening.
With the above concerns and perhaps more ji~dgiilq t)y t .: plloni
calls received in this oEFice with regartl to your notice
perhaps it would be in the best interest of the pendin!
permittee, the homeowners of Rancho Ponderosa and the City o
Carlsbad to schedule a hearing to address all concerns.
Sincerely, 2?s=i&(-J~ 9-
Don Giangreco
Property Manager
DG: bar
cc: Board of Directors
REAL ESTATE MANAGEMENT & MARKETING
10455 SORRENTO VALLEY ROAD, SUITE 102. SAN DIEGO, CA 92121 (619) 587-9844,436-4
0 01. ot,er. 25, 1988
J. G. Iler.r.pr.ft
‘7972 La tiaclla Lane
Carlsbad, Ca 9200!
Wilma Diepersloot
Planning Department
2075 Las Palmas Drive
Carlsbad, Ca 92009
Ref. Case File: DC 88-3
Dear Ms. Diepersloot:
We are immediate neighbors to the property for which n daycc
home permit application has been made. he are opposed to tl
permit being granted for the following reasons:
1. The market value of our home could be adversely affec
by having a business on the adjacent pro.perty.
2. Our fioineowriers i-~ssoc.iat jori (:~‘hIt’s, which is iriteridec
maintain a certairi quality of life in our neiqhbortioc
specifically prohibits conimercial, i.e., for profj
activities within our commuiii ty. Tlie daycare center w.
be operated as a business rather than as a commurij
self-help service.
3. There will be an increase in car traffic 011 a stre
already filled witti children.
4. T1ier.e is no effective method of motii toririq compl iance
the permit’s maximum limit of tr4elx.e cliiIdreri nirich 11
enforce it. Please note ttiat the per.rnit’s appl.ic~
already has 15 ciiildreri siqried ILL), of which 13 will
present at tfie sattie Lime.
5. Tfiere is a strong concensus iri t,fic> rieigfibor-hood agAi.1
the issuance of this permit.
6. There already , esists a nttniber of siritti I daycare servic
( six or less children) within our community .
7. The lot on whicli the daycare would be operated is shal
like ail amphitheater with a steep slope witii houses abc
the backyard. The natural shape of the slope D AS 1
physical characteristic of amplifyiris sound emariati
from the backyard, Thus all homes above this lot w.
have the poteritial of increased noise.
Please carefully consider our obje~tioris arid those of c
neighbors arid reject the 1-equcsted 1,er.mi t.
Siricer-efy’ . ,
0 - ,. -,:;/’+. -*.
_- ~,
- -_ _._.._- - - -_
).
LA;-,
L-
J. 6 Herrera
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,
October 24, 1988
Planning Department
Ci ty of Car 1 sbad
2075 Las Falrnas Dr.
Car 1 sbad , CA 92009
Dear Ma. Diepersloot,
With reference to your file number DC 88-3, application
large family day care facility at 26C)b El Hastro Lane in R
Ponderosa development, I/we very stronqly oppose the issuanc
this large day care .facilty permit.
There are already several day care facilities in the.. area.
is, another one on this street.
It will create hazard and traffic for the residents of
street. The situation is bad to start with, the additional pc
will make it worse.
Si ncerel y ,
2... El Rastro Lane
Carl sbad , CR 92009
4
'7 c dL LL' ' {, C'. ( c ~ g. ;' i
, < -?[. 3 </( ,r, (< c-
75, 7- y'?..?/
x <- ' i\
._
0 a
James Horton
2611 El Rncltro l.anc
Carlsbad, California 92009
October 24, 1988
TiInia Gicpersloot
City of Carlsbad
Planning Department
2075 Las Palmas Drive
Carlsbad, California 92009-4859
Dear Wilma:
As per my telephone conversation with you on Thursday, October 20, 1988, we are total
against the above action as we live almost directly across the street from the proposed
site. Our neighborhood is zoned residential not business or commercial. The narrow
street (El Rastro Lane) is heavily populated with children and at times fast moving
vehicles. Several of our children have nearly been hit with cars traveling west toward
proposed site. Many residents park their cars on the street. making adcquatc parking
unavaiIablc at peak periods when homeowners arc home. b’c would like to remain a
peaceful community not business or commercial. Lastly, this strcet already supports on1
child are center just five houses to the east of the new proposed large day carc center a
f ra n k 1 v t h;\
Jim Horton
,SA?; , c 1-f”- ,, L%+iL - -,
/
JHH/gg
I 1 ‘_ ,
0 e
October 24, 1988
P1 ann i ng Depart men t
City of Carlsbad
2075 Las Falmas Dr.
Car 1 sbad , CA 92009
Dear Ms. Diepersloot,
With reference to your file number DC 88-3, application
large family day care facility at 2606 El Rastro Lane in
Ponderosa development, I/we very strongly oppose the iss~ia
this large day care facilty permit.
There are already several day care facilities in the area.
is another one on this street.
It will create hazard and traffic for the residents of
streek. The situation is bad to start with, the additional
will make it worse.
/3 /’; / /> Qv&@yi CML
Sincerely, .d
26QY~l ~astro Lane
Carlshad, CA 92009
@ 0
October 24, 1988
Planning Department
City of Carlsbad
2075 Las Falmas Dr.
Car 1 sbad , CA 92r:)09
Dear Ms. Diepersloot,
With reference to your file number DC 88-3, applicatioi
large family day care facility at 2606 El Rastro Lane in
Ponderosa development, I/we very stronqly oppose the iss~t~
this large day care facilty permit.
There are already several day care facilities in the area
is another one on this street.
It will create hazard and traffic for the residents 0.
street. The situation is bad to start with, the additional
will make it .worse.
Sincerely, ,' \:-b .. i LN\Lp1. crl 5 e-' c 7-q t-- .e.. 9-L ,./..- f? \ .
.2,. .: El Rastro Lane
Carlsbad, CA 92009
0 0
October 24, 1988
P1 ann i ng Department
City of Carlsbad
2075 La5 Falmas Dr.
Car 1 sbad , CA 92009
Dear Ms. Diepersloot,
With reference to your file number DC 88-5, application
larqe family day care facility at 2606 €1 kastro Lane in F
Ponderosa development , I /we very strong1 y oppose the i ssuar
this large day care facilty permit.
There are already several day care facilities in the area.
is another one on this street.
It will create hazard and traffic for the residents of
street. The situation is bad to start with, the additional F
will make it worse.
Sincerely, d2L ‘&/m
p74)
~;U$-EI Rastro Lane
Car 1 shad , CA 92009
e @
October 24, 1988
Planning Department
City of Carlsbad
2075 Las Falmas Dr.
Car 1 sbad , CA 92009
Dear Ms. Diepersloot,
With reference to your file number DC 88-3, application.
large family day care facility at 2606 El Rastro Lane in F
Ponderosa development, I/we very stronqly oppose the issuar
this large day care facilty permit.
There are already several day care facilities in the area.
is another one on this street.
It will create hazard and traffic +or the residents of
street. The situation is bad to start with, the additional F
will make it worse.
Sincerely ,
I L
foo //fibd-tcl_ , 7- /l kldi l,C
k& &Lt .m twL-A &7AD bh&ht i#
Ylk-mL aui,, , / &.,x
23#d El Rastro Lane
Carlsbad, CA 9209
d r (?ih %?b%l 7 r & Lpw
0 0
u
October 24, 1988
Planning Department
Ci ty of Car 1 sbad
2079 Las Falmas Dr.
Car 1 sbad , CA 92009
Dear Ms. Diepersloot,
With reference to your file number DC 88-5, application q
large family day care facility at 2606 El Rastro Lane in Ri
Ponderosa development, I/we very strongly oppose the is5uanc
this large day care facilty permit.
There are already several day care facilities in the area. *
is another one on this street.
It will create hazard and traffic for the residents of
street. The situation is bad to start with, the additional pc
will make it worse.
I!
&=A
/
-Sine rely, ,! 7
4- /,-*& /..* * +u* 1 ,
i 2S,tl! i1 Rastro Lane
j9 I .* '* 2 A' --
,4' J
f' Car &bad, CA 92009
.3 tp. 4Jc;f" L. !! 2;; f i -. . .C
0 a
October 24, 1988
Planning Department
City oi Carlsbad
2075 La5 Falrnas Dr.
Car 1 sbad , CA 92009
Dear Ms. Diepersloot,
With reference to your file number DC 88-5, application .
large 2606 El Rastro Lane in R,
Ponderosa development, I/we very stronqly oppose the issuanc
this large day care facilty permit.
There are already ~jeveral day care facilities in the
is another one on this street.
It will create hazard and traffic for the residents of
street. The situation is bad to start with, the additional pc
will make it worse.
family day care Sacility at
area. -
SifirC-ipy, f&LL&-
2... El Rastro Lane
Car 1 sbad , CA 92009
(J7G3)
e. 0
1
CITY OF CARLSBAD
PLANNING DEPARTMENT
2575 LAS PALMAS DRIVE
CARLSBADi CA 92009
, ATTN: WILHA DIEPERSCOOT
SUBJ: PERMIT FOR LARGE FAMILY DAYCARE HOHE AT
2606 EL RASTRO LANE, RANCHO PONDEROSA HOA, CARLSBAD, CA
bJE OWN AND OCCUPY A SINGLE FAMILY RESIDENCE AT 7970 LA GACHA LANE.
THE ABOVE SUBJECT PROPERTY IS CONTIGUOUS TO OURS.
WE OBJECT TO THE GRANTING OF THE PERHIT ON THE BASIS OF.SAFETY
AND NUHBER OF CHILDREN (UP TO TWELVE). AS WELL AS THE FACT THAT
THERE ALREADY EXISTS A DAYCARE HOME ONLY FIVE DOORS TO THE EAST OF
si
, THE SUBJECT PROPERTY.
WE SUGGEST THE PLANNING DEPARTMENT HAVE AN OPEN HEARING OF THIS
SUJECT AS SOON AS FEASIBLE. I
SINYRELY i AIc-& ,'L/ 9 c/ L LLfi-j-/
,7970 u/e GACHA LANE
ELEANOR E BATTERSOM
RANC PONDEROSA HOA
CARL BADi CA 92009
1 c e
Dctober 24, 1988
Planning Department
City of Carlsbad
2075 La5 Palmas Dr,
Car 1 sbad , CA 92009
Dear Ms. Diepersloot,
With reference to your file number DC 88-3, applicatior
large family day care facility at 2606 El Ras-tro Lane in
Fonderosa development, I/we very stronqly oppose the ~SSLI;
this larqe day care facilty permit.
There are already several day care facilities in the area.
is another one on this street.
It will create hazard and traffic for the residents of
street. The situation is bad to start with, the additional
will make it worse.
Si ncerel y &fi$!fi]7 /@&&c
./' ,//; / 2.. . El "Rastro Lane
Car 1 sbad , CA 92009
P7 ) 4
e. e
rlctcitseu' .24, J. 388
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October 24, 1988
P1 anni ng Department
City of Cdrlsbad
2075 La5 Falmas Dr.
Carl sbad , CA 920(:)9
Dear Ms. Diepersloot,
With reference to your file number DC 88-3, application
large
Ponderosa development, f/we very stronqly oppose
There are already several day care facilities in the area.
is another one on this street.
It will create hazard and traffic for the resident5 of
street. The situation is bad to start with, the additional F
will make it worse.
family day care fhcility at 2606 €1 Rastro Lane in f
the issuar /. .. this large day care facilty permit. /
Sincerely,
,Lay) &47ULL;C, .3 >LLC--
3610 El Rastro Lane
Car 15bad, CA 92009
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10/23/88
City of Carlsbad Re: Daycare Permit
Planning Dept. Cheryl Frazer
2075 La Palmas Drive Case DC88-3 Carlsbad, Ca. 92009
Dear Sirs,
We have been residents of Carlsbad for over eight years and a
extremely concerned about the possibility of a large daycare
permit being issued in our quiet residential area.
Please consider the following items during your decision
process.
1. Increased traffic on El Rastro Lane will result in
dangerous conditions for neighborhood children.
2. El Rastro Lane has a high number of children, Approx
30-35.
3. There is a blind curve less than 900 feet leading
to the proposed Daycare Home (on the west side)
which increases the possibility of accidents and
injuries.
We are asking you to support our efforts to maintain a
safe and healthy environment for our children in Rancho
Ponderosa.
Sincerely
3d7@(4W?f
Mr. and Mrs. David R. Massey
* i
/;{ * 4r 1;:: &%Oi
a
NOTICE OF REQUEST FOR A LARGE FAMILY DAYCARE PER MI^'\ Q;Z~ \3 4 4, Notice is hereby given that a large family Daycare Home Permit has bamMq
for to provide care and supervision for seven to twelve children on’jsrob
located at 2606 El Rastro Lane, Carlsbad California, and more particul
described as :
tot 267 of map 8362 of Carlsbad Tract 73-18, Unit No. 4 as recorded by San Diego County.
If you have any objections to the granting of this permit or wish to have
informal hearing to d~srtiss tho roqcestod permat, pleise cctify the Plaar Department, at 2075 LaS Palmas Drive, CarlSbad, California 92009, in writ within 10 days of the date of this notice. Issuance of a daycare permit is
administratiw action requiring no further noticing. If you have any questic please call the P1 anning Department at 438- 1161.
APPLICANT: CHERYL FRAZAR DATE : OCTOBER 17, 1988 PROJECT PLANNFR: WILMA DIEPERSLOOT
CASE FILE: DC 88-3
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October 21, 1988
City of Carlsbad
2075 Las Pahas Drive
Carlsbad, Ca. 92009 c- '
Planning Department $1 '1
, I$
RE: Case File DC 88-3
To Whom It May Concern
I am a resident of Rancho Ponderosa in Carlsbad. This letter concerns the permit request being made by
Cheryl Frazar to enable her to have a day care center
for 7-12 children in her rented home at 2606 El Rastro
Lane.
It specifically states in our CC&R's that one cannot
run a business out of their home. I understand the need
for family day care and have no objection to people watching 4-6 children in their homes. However, I feel
7-12 children goes beyond what can be considered a
service to the neighborhood. The increased trafgic,
parked cars and up to 12 children in a concentrated area
would be a safety hazard to existing homeowners and their
families. Also, I feel the two employees that Ms. Frazar
needs to saEely run her day care definitely constitutes
a small business. This type of large day care operation
would be betGer'suited to a building not located in a
residential area. Therefore, I strongly oppose grantin7
this day care license.
I would appreciate your careful consideration in this
matter. .
Thank you.
Sincerely,
hiG&?:& ; Q& gl&-
'7T70 .WdU$b%&
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October 21, 1988
Planning Department
2075 Las Palmas Drive
Carlsbad, CA 92009
Attn: Wilma Diepersloot
RE: DC 88-3
Dear Ms. Diepersloot:
I am writing on behalf of the Rancho Ponderosa Board of
Directors regarding a notice received about the issuance of a
large family day care home permit at 26UG El Kastro Lane,
Carlsbad.
The Board wishes to go on record that they are opposed to n
large day care facility permit being issued ae 2606 El Rastro
Lane. They are not opposed to a small day care facility with
not more than 6 children. There are many throughout Rancho
Ponderosa.
The concerns are the following:
1.) It will start a precedent.
2.) The common area facilities wil 1 be iiscd aiitl could
cause an insurance liability to the Association.
3.) The property could begin 10 dctcrior,itc aiicl ,iffcct
property values.
4.) Noise level could affect homeowners in the area
that work nights and sleep days.
Sincerely, =+ Don Giangreco
Property Manager
DG:mfm
REAL ESTATE MANAGEMENT & MARKETING
10455 SORRENTO VALLEY ROAD, SUITE 102, SAN DIEGO. CA 92121 (619) 587-9844.436-4560
0 *
October 21, 1988 r
City of Carlsbad Planning Department
2075 Las Palmas Drive
Carlsbad, Ca. 92009
RE: Case File DC 88-3
To Whom It May Concern
I am a resident of Rancho Ponderosa in Carlsbad.
This letter concerns the permit request being made by
Cheryl Frazar to enable her to have a day care center
for 7-12 children in her rented home at 2606 El Rastro
Lane.
It specifically states in our CC&R's that one cannot
run a business out of their home. I understand the need
for family day care and have no objection to people
watching 4-6 children in their homes. However, I feel
7-12 children goes beyond what can be considered a
service to the neighborhood. The increased traffic,
parked cars and up to 12 children in a concentrated area
would be a safety hazard to existing homeowners and their
families. Also, I feel the two employees that Ms. Frazar
needs to safely run her day care definitely constitutes
a small business. This type of large day care operation
would be better 'suited to a building not located in a
residential area. Therefore, I strongly oppose granting
this day care license.
I would appreciate your careful consideration in this
matter.
Thank you.
Sincerely ,
gz/&-L& 0 '&4@ /:
7- (71 ,$' (j . &dl&& .&t
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October 21, 1988
City of Carlsbad
Planning Department
2075 Las Palrnas Drive
Carlsbad, Ca. 92009
RE: Case File DC 88-3
To Whom It May Concern
I am a resident of Rancho Ponderosa in Carlsbad.
This letter concerns the permit request being made by
Cheryl Frazar to enable her to have a day care center for 7-12 children in her rented home at 2606 El Rastro
Lane.
It specifically states in our CC&R's that one cannot
run a business out of their home. I understand the need for family day care and have no objection to people
watching 4-6 children in their homes. However, I feel
7-12 children goes beyond what can be considered a
service to the neighborhood. The increased traffic,
parked cars and up to 12 children in a concentrated area
would be a safety hazard to existing homeowners and their
families. Also, I feel the two employees that Ms. Frazar
needs to safely run her day care definitely constitutes a small business. This type of large day care operation
would be better suited to a building not located in a
residential area. Therefore, I strongly oppose granting
this day care license.
I would appreciate your careful consideration in this
matter.
Thank you.
Sincerely,
Ct\85 p)& Ih'QCO '4 !&(\b CLi<N&. C' t
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Page 4 COMMISSIONERS % %% 6 December 7, 1988 PLANNING COMMISSION
public testimony closed and opened the item for discussion
among the Commission members.
Commissioner Erwin cannot support the project because he
feels that placing four homes that close to the railroad
tracks will have an environmental effect on the human beings who live there.
Commissioner Marcus agrees that putting houses that near to
the tracks may not be the most desirable location but she can support the project since she feels that the proposed noise
mitigation is adequate. She cited a development along 1-5
which has no windows on the freeway side.
Motion was duly made, seconded, and carried to adopt Erwin x
Planning Commission Resolution No. 2765 approving the Hall X Negative Declaration issued by the Planning Director and Holmes X
adopt Planning Commission Resolution No. 2782 approving Marcus X CT 87-4 based on the findings and subject to the conditions Schlehuber x x
contained therein, with the addition that the developer Schramm X must meet the new 60 dba CNEL noise requirement, a wording
change to Condition t14 to read prior to issuance of
building permits, and deleting the words "private and" in Condition 34 (3) as recommended by staff memo dated
December 7, 1988.
Vice Chairman Hall asked if the applicant understood that
meeting the 60 dba CNEL requirement will probably mean that
the homes might need to be one story. Mr. Cohn replied that
he did understand.
PUBLIC HEARING:
3) DC 88-3 FRAZAR - Request for approval of a large family
daycare permit on property located at 2606 El Rastro
Lane in the Planned Community Zone in Local Facilities
Management Zone 12.
Vice Chairman Hall announced to the gallery that the
Commission had received letters from: Mr. and Mrs. John
Wells, Mrs. Jane McGavin, Mary C. Kattus, Leslie Reilly,
Barbara Chernofsky, Mr. and Mrs. Mark Gernandt, Mr. and Mrs. Andrew Mercer, Mr. and Mrs. Charles Batterson, Rev. James W. Dallas, Maria Miller, and George Furuya.
Charles Grim, Assistant Planning Director, showed a slide
presentation of the site and surrounding area.
reviewed the background of the request and stated that the
applicant has applied for a large family Daycare Permit to be
located at 2606 El Rastro Lane in the Rancho Ponderosa
Development, South Carlsbad. Ms. Frazar appeared before the
Commission several months ago at a different location where
she operated a daycare facility in her garage for two years.
Because garages are required in that area of Carlsbad, Ms.
Frazar's application for daycare was approved with the
condition that the garage be returned to its intended use.
However, her landlord evicted her due to pressure from the
neighbors. Ms. Frazar then moved to El Rastro Lane. Mr.
Grim commented that State law requires that daycare
facilities be encouraged in residential settings and City
code allows daycare in single family areas. Staff feels that this location is an excellent site for a daycare facility due to the high banks in the rear yard acts as a visual and a
noise buffer. She does not have homes on both sides of her;
and the one home next door which is currently vacant. The
project is consistent with State law and all findings of the
City code can be met.
He then
Staff recommends approval.
@ MINUTES 0
$595%& December 7, 1988 PLANNING COMMISSION Page 5 COMMISSIONERS \\ Z. (s, $ (s,
Vice Chairman Hall opened the public testimony and issued the invitation to speak.
Georgine Brave, Attorney, 110 West C Street, Suite 1903, San Diego, CA 92101, representing the applicant, addressed the
Commission and stated that Ms. Frazar has met all of the
requirements of the California Health and Safety Code
1597.46. There have been no complaints on parking or noise;
she has six children full time; she has adequate off-street
parking; and there are never more than two cars at a time picking up or dropping off children. Ms. Brave noted that
there is a severe need for family daycare homes in Carlsbad. Ms. Frazar would like to have the age level raised to eight
years.
Cheryl Frazar, 2606 El Rastro Lane, Carlsbad, addressed the
Commission and stated that she has submitted a schedule to
staff of arrivals and departure times since there seems to be confusion about how many children are at the daycare at any
one time. She has part time and full time children. Also, she has met with parents and requested them to enter and depart the area by a specific route to alleviate traffic
concerns. her livelihood; she loves her work and spends much of her
leisure time involved in daycare-related activities.
Vice Chairman Hall requested confirmation from Ms. Frazar
that the only change being requested is Condition #4,
changing the age limit to eight years. Ms. Frazar replied
that it was.
Commissioner Schlehuber inquired if the applicant would have
any problem adding indoor-outdoor carpet to the patio.
Ms. Frazar replied that it would not be a problem.
Dan Hansen, 4531 St. George Court, Carlsbad, addressed the Commission and stated that his son attends the Frazar daycare
facility and that the children are only allowed outside at
specific times for organized play;
noise is a problem.
Chris Hogan, 1856 Tule Court, Carlsbad, addressed the
Commission and stated that he has never observed children in
the front area of the home and they are always in the back
yard. There is no signage, no toys, or no visual evidence
that a daycare facility exists in the home; he does not feel
there can be a stigma on the neighborhood.
Mark Gernandt, 4330 El Capitan Court, Carlsbad, addressed the
Commission and stated that his daughter, age 2-112, has
attended Cheryl's daycare facility for two years. He and his
wife have lived in Carlsbad for eight years and, in his
observation, most parents of small children are both working
which creates a significant need for adequate and licensed
child care. He has peace of mind knowing that his daughter is safe and that a family setting is most important.
Julie Rule, 1852 Lilac Court, Carlsbad, addressed the
Commission and stated that she prefers family daycare over
institutional daycare because she likes the teacher-child
ratio. She feels the nutrition of home cooked meals is
important, there is better control of infectious disease, and
the children's self esteem is much better in a small family
setting. She considers Cheryl's daycare home is the same as
an extended family.
She urged approval of the permit.
She is a single parent and the daycare facility is
he does not feel that
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?4+!h "0 %p, Page 6 COMMISSIONERS Z. @ 5 December 7, 1988 PLANNING COMMISSION
Susan Igo, 3287 Corte Vera Cruz, Carlsbad, addressed the
Commission and stated that the recent Child Care Task Force
identified a significant need for quality daycare. She likes the safety of the Frazar facility and the fact that Cheryl
requires parents to follow a specific route when entering and leaving the area.
Jane McGavin, 1738 Catalpa Road, Carlsbad, addressed the
Commission and stated that she is a teacher with the San
Marcos Unified School District. She feels there is a crisis
where good quality child care is concerned. Her son attends the Frazar facility and she is pleased because Cheryl
provides a quality environment.
Kay DeWeese, 2410 La Plancha Lane, Carlsbad, addressed the
Commission and stated that she is the Preschool Director at
Christ Presbyterian Church and also teaches a preschool administration class at Mira Costa College in the evening.
She feels there is a critical need for daycare in Carlsbad and stated that there are hundreds of children on the waiting
list at her preschool. Many children need a small intimate
family-based daycare setting to flourish. She feels that the
community has a responsibility to provide quality daycare.
She urged support of the Frazar daycare permit.
Margie Davis, 8745 Aero Drive, Suite 200, San Diego,
addressed the Commission and stated that she is the Childcare
Ombudsman for the San Diego County. When family daycare
permits are denied, it discourages many providers from
applying for the proper licenses and they go underground
which could cause the children to be at risk. She is in
favor of the Frazar facility and requested that the permit be
approved.
Karen Forino, 3106 Unicornio Street, Carlsbad, addressed the
Commission and stated that most homeowners are concerned
about a decrease in property values when there is a daycare
facility in the neighborhood. She is a licensed real estate
agent and is very familiar with the South Carlsbad area.
used the multiple listings and did a survey of neighborhoods that contained family daycare homes. Her survey results showed that the property values where daycare homes exist are
the same as those neighborhoods without daycare.
Commissioner Erwin inquired if the multiple listing form
contains a daycare disclosure. Ms. Forino said that it did
not but she surveyed neighborhoods where she personally knew
that family daycare homes existed.
Natalie Hailey, 2551 Luciernaga Street, Carlsbad, addressed
the Commission and stated that she is a widow with a small
child and has no family in the vicinity.
facilities do not accept children under 2-1/2 years unless
they are toilet trained.
are badly needed in Carlsbad.
Brenda Dizon, 2781 Vista del Oro, Carlsbad, addressed the
Commission and stated that small family daycare homes do not require fire extinguishers or inspection by the Fire
Department. stringent regulations and, as a result, provide safety for
the children. care situation.
Rosalind Unger, 128 Via de la Valle, Solana Beach, addressed
the Commission and stated that many misinformed people
believe false rumors about daycare. She drives from Solana
She
Commercial daycare
Family daycare homes like Cheryl's
Large family daycare homes must adhere to
Cheryl Frazar's home provides an ideal child
* MINUTES e
December 7, 1988 PLANNING COMMISSION
Beach to Carlsbad every day because of the quality care which
Cheryl provides and her children have benefited greatly from
the experience.
Chuck Batterson, 7970 La Gacha Lane, Carlsbad, addressed the
Commission and stated that his property backs up to El
Rastro. He is President of the Rancho Ponderosa Homeowners
Association and the Board of Directors enforces the CC&R's
which do not permit a commercial business. He feels that a
large daycare permit will have adverse affects, namely noise,
security, and traffic, and that the value of the homeowner's
investment will be seriously affected. Mr. Batterson is also
concerned about the possibility of insurance premiums being
raised due to the daycare. He urged denial.
Ben Cappa, 2703 El Rastro Lane, Carlsbad, addressed the
Commission and stated that he is disappointed that staff did
not address the proliferation of small day care homes within
the Rancho Ponderosa development since it is much more
concentrated than other areas of Carlsbad. He displayed a
map showing where the daycare homes are located. He feels
that staff should consider the impact on the community. He is is in opposition to the permit.
Ron Ball, Assistant City Attorney, requested Mr. Cappa to
identify the map for the record. He stated that it was a map
of the Rancho Ponderosa development.
David Massey, 2607 El Rastro Lane, Carlsbad, addressed the
Commission and stated that he has lived in Rancho Ponderosa
for eight years and has two sons, aged 6 and 10; there are
34 children under the age of 14 living on 23 lots on
El Rastro Lane. He feels that the Frazar daycare facility
will have a negative impact on his family and their quality
of life.
Richard Benson, 2603 El Rastro Lane, Carlsbad, addressed the
Commission and stated that he is concerned about the added
traffic which the daycare facility will bring to El Rastro
Lane. He analyzed some traffic figures from SANDAG and
stated that with 15-16 children being cared for by Cheryl
Frazar it would create six times the current traffic flow.
Also, he feels that the blind corner will be dangerous. He
does not think another daycare should be allowed because
there is already one located just 1,200 ft. away from the
Frazar home.
Diane Herrera, 7972 La Gacha Lane, Carlsbad, addressed the
Commission and stated that she lives above the Frazar home and has lived there for 11 years. She does not think that
staff has addressed all of the adverse impacts. Although the
lot is unique, it is like an amphitheater and the noise
travels up into their area. She is concerned that there is
no method for monitoring noise or compliance to the
regulations.
her constitutional rights under Article 1.
Roger and Ruth McMonagle, 2613 Jacaranda Avenue, Carlsbad,
did not wish to speak but want the record to show that they
are opposed to the Frazar daycare.
Patty Kattus-Mercer, 2908 Unicornio Street, Carlsbad,
addressed the Commission and stated that she ris has written a letter but has nothing new to speak about. She would like
to go on record that she is very much in favor of Cheryl Frazar's daycare facility.
favor are not present is because Cheryl only cares for 12
She feels that the daycare is robbing her of
The reason that more people in
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children. She showed the map and instructions that each
parent must follow when dropping off and picking up children.
Parents are not allowed to turn around on the street or park
anywhere other than in front of Cheryl's home.
Ann Loomis, 7970 Amargosa Drive, Carlsbad, addressed the
Commission and stated that there is not one child who lives
in Rancho Ponderosa being served by the Frazar daycare.
is concerned about the added traffic since the street she
lives on is one of the streets that parents have been
instructed to use.
Dr. Mary Davidson, 2613 Sombrosa, Carlsbad, addressed the Commission and stated that adequate liability insurance
should be required by all large daycare operators.
Georgine Brave, attorney representing the applicant, was
given time to rebut the objections and stated that:
(1)
She
Family daycare homes are permitted by the California Health and Safety Code 1597.40 and are not considered a
business when located in a residential area. This precludes the CC&R's.
Although there could very well be 11 small daycare homes
in Rancho Ponderosa, her information indicates that
there are only three which have licenses.
Neighborhood children currently play in the street
rather than the parks while the children being cared for
by Cheryl Frazar are never allowed in the front yard,
let alone the street.
The problem with the blind corner has been taken care of
because there is a specific route for parents to follow
when dropping off and picking up children.
Visits 57 licensing personnel are made unannounced and
this will ensure that no more than 12 children are
present at any one time.
Cheryl is required by the code to have liability
insurance in order to be licensed. Ms. Frazar has liability insurance and her landlord has co-insurance.
Commissioner Erwin inquired if Cheryl's liability insurance
covers the common area. Ms. Brave replied that it covers the
premises only and the children are kept on the premises at all times; they are now allowed in the common areas.
There being no other persons desiring to address the
Commission on this topic, Vice Chairman Hall declared the
public testimony closed and opened the item for discussion
among the Commission members.
Vice Chairman Hall inquired if staff would like to respond to
the traffic questions. David Hauser, Assistant City
Engineer, replied that a traffic study had not been taken and
therefore he could not respond to traffic counts. Staff
looked at the overall use of the roads and felt they were
adequate to handle the added daycare traffic.
Vice Chairman Hall inquired if staff would like to respond to
the comment regarding increased cost of liability for the
common areas. Mr. Grimm replied that the permit could be
conditioned to restrict children from using the park area, if that is the concern. Mr. Batterson, President of the
(2)
(3)
(4)
(5)
(6)
0 MINUTES a
December 7, 1988 PLANNING COMMISSION
Homeowners Association, responded that a hypothetical
question was posed to their insurance agent who stated that
their premium could be doubled or the policy cancelled because in California, all persons (renters included) who
live in a development are entitled to use the common areas.
Vice Chairman Hall inquired if staff was aware of how many
licensed daycare homes there are in the Rancho Ponderosa
area. Mr. Grimm replied that there are no large licensed day
care homes. There is no regulation for small daycare homes
and they are permitted to operate without notifying the city;
they are considered an extension of the family.
There were 33 persons in attendance opposing the Frazar
permit and 24 persons in favor.
Commissioner Schlehuber does not like the child care law
because he feels that it does take away a homeowner's rights.
He has a concern about the blind curve. He sees the need for
daycare and feels that this is an ideal location. He can
support it.
Commissioner Marcus is concerned about the small daycare
homes who might actually have more than six children at a
time and she is concerned with the proliferation of daycare
homes in a residential area. She will support the project
although she will be curious to see what it looks like after
a year has passed.
Commissioner Erwin has a major problem with the law and can
understand the parents as well as the homeowners concerns.
He will support the project, however he does want the age limit to remain at six years and he would like to see the
operating hours restricted to 7:OO a.m.-6:00 p.m.. excluding
major holidays.
Care Coordinator to answer to the Council, the Planning
Commission, the parents, and the neighbors.
Vice Chairman Hall inquired if Ms. Prazar would like to
respond to the time restriction.
have no problem in the morning but needs an additional
15 minutes in the evening. She could accept 7:15 a.m.-6:15
p.m.
Commissioner Schramm recognizes the concerns of both sides but feels that Ms. Frazar has worked very hard with her
parents to work out a traffic solution. She has visited the
site and thinks that Ms. Frazar provides quality care to the
children. She does not want the age limit increased and can
accept the adjusted hours. She will support it because she
knows that it will be monitored by staff.
Commissioner Holmes is sorry for the differences of opinion.
He feels that Ms. Frazar is an excellent daycare operator. He can support it.
Vice Chairman Hall stated that Commissioners Schlehuber and
Erwin expressed his feelings. Perhaps the best way around the insurance issue would be to
exclude the parks. by staff.
property owners.
Ron Ball, Assistant City Attorney, inquired if the parks are privately or publicly owned. Mr. Grimm replied that they are privately owned. Mr. Ball stated that this permit cannot
address the parks if they are privately owned.
He thinks the City desperately needs a Child
She replied that she would
He can accept the time change.
He thinks the traffic should be monitored
He will support it but he does feel for the
I
Motion was duly made, seconded, and carried to adopt
Resolution No. 2798 approving DC 88-3, based on the findings
and subject to the conditions contained therein, subject
to adding time limits from 7:15 a.m. to 6:15 p.m. on
weekdays, excluding holidays, and that a condition be
added requiring indoor/outdoor carpeting on the concrete patio in the side yard.
Erwin X
Hall X
Holmes
Marcus X
Schlehuber x x
Schramm
X
X
I' I t 0 e \
December 29, 1988
Mr. Ray Patchett
City Manager
City of Carlsbad
1239 Elm ?,vnuz
Carlsbad, CA 92008
RE: Appeal of Case DC 88-3 Frazar Large Family Daycare Permit
Dear Mr. Patchett:
Due to major scheduling conflicts, we hereby request a continuanc
of the appeal hearing scheduled for the January 10, 1989 City
Council meeting.
We request that you reschedule the hearing for February 7, 1989.
Please confirm this change in writing by signing and returning
the enclosed copy of this letter in the envelope provided. Than1
you for your prompt attention to this matter.
Sincerely,
Charles Batterson, President
Rancho Ponderosa Homeovners Association
(619) 436-0773
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7979 La Gacl
Carlsbad, Cr
December 1,
<* 0 m
City of Carlsbad
PL anning Department
2075 Las Palrnas Drive
Dear Members of the Planning Commission:
Thank you for your letter indicating that consideration is be.
gi-ven to the granting of a large family Daycare remit at 2606 El 1
Lane. I would like to be at the meeting on December 7 to voice my I
about the safety of having a daycare which will bring increased tr,
to a blind curve located at the bottom of a hill. where El Rastro bl
La Gacha Lane. Unfortunately, I will be out of tom that evening ai
unable to attend the public hearing.
A previous form notice from your office to me indicated that
permit would allow seven to twelve children to receive daycare at
address, As you knot-r, ther3is already a daycare in operation on thl
same block a few houses down at 2706 El Kastro. There are also sev
other daycare homes operating in our neighborhood of Rancho Ponder1
at this time. Ifost of these appear to be one mother taking care of
to a half dozen children in her own home,
Although the Rancho Ponderosa neighborhbod off of Wlivenhain 1
doesn’t appear to need additional daycare iacilities, my main cone
and the focus of this letter is the appropriateness of granting a I
care permit at that particular location which is part of a dangeroi
curve. Ita Gacha is a hill which ends with a blind curve where the
becomes El Rastro. There is a very large embankment on the corner I
La Gacha and El Rastro that prevents cars going in either directioi
from seeing what cars or children are on the other street until th(
already rounding the curve, Although the street area is wide, most
make the turn as they would a regular 90 degree turn, Many cars go
I*”
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around the curve faster than they should because they have picked u
speed going doTmhill on La Gacha or are increasing their accelerati.
in order to drive uphill on La Gacha.
I have lived at 7979 La Gacha Lane since the homes were built
eleven years ago. I have one eleven-year-old son. I3ecause of the cu
my son has been instructed since the time he vas allowed to play ou
' by himself that whenever he hears a car coming that he cannot see,
must get over to the curb at once or even on to the sidewalk. On F12
of this year, he heard a car and was attempting to move quickly int
a driveway to get off the road when his bicycle skidded on some sat-
that had blown on to the driveway, Ire broke his elbow in many place
and had to have two surgeries as a result.
During my eleven years on the block, I have heard brakes scree
at that curve too many times. The prospect of many additional cars
and going around the curve and even parking there at busy times of
day has me very concerned, It will surely make a dangerous curve ev
- more dangerous, There are at least ten children under the age of tT%
who live on the west side of the curve in the area marked in red or
map. At least three times that many children live and play on that
block of El Rastro and La Gacha,
Although I would prefer not to get involved, I feel I must prc
'my concern about the safety involved in this issue, I could not li\
with myself if someone were to be hit or suffer a severe injury as
my son did as a result of increased congestion or obstruction on tt
curve.
I thank the Planning Commission for its careful consideration
this mattersand for the opportunity to express my concern about the
effect of the proposed daycare permit.
Sincerely, -*
'I E m 0
NOTICE OF PUBLIC HEARING
APPEAL
DC 88-3
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a
hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6
on Tuesday, January 10, 1989, to consider an appeal of a Planning Commission appr
of an application for a large family Daycare Permit on property located at 2606 E
Lane, in the Planned Community Zone in Local Facilities Management Zone 12, and m
particularly described as:
Lot 267 of Carlsbad Tract No. 73-18, Unit No. 4.
If you have any questions regarding this matter, please call the Planning Departm
at 438-1161.
If you challenge the Daycare Permit in court, you may be limited to raising only
issues you or someone else raised at the public hearing described in this notice,
written correspondence delivered to the City of Carlsbad City Clerk's Office at o
prior to the public hearing.
APPELLANT: Rancho Ponderosa Homeowners Association
(By: Charles Batterson, Pres.)
PUBLISH: December 30, 1988 CARLSBAD CITY COUNCIL
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Xro and Mrs o John weI:s 2302 21 Ras;---- bLV - Lane
L,a.!rlsbad, rz CA 92009
(619) 944-3558
-1 .I ;- LLLY cf Carl~bad 2-332 Elm Stre&
c2.r j. ahad I CA 9 2 0 9 8
Janu.ary 10th 0
- --
-ne 2.5" 2,?2-:mo ;4"&aiA.lLss license fsr Cheryl Frazay; aLppea.? Heari;2g ~i2
&TT~: fin ;<cl-,l-,Fn ?a~d/a;'. =e'r?.er C~+XJ I--_ C?a~zci.l %ember
1% has come to our atten-ticn thak some cf av:r ~eightsors have
~razar, p?hn is d~ing daycare far 12 snail c%iJ.2resz at her
doxpjn from hey, x _find no prablgrr;: wj..C,k traffic or with noise. She
is a -t.iery pleasane r~jornan B very crganized, &ad. verq7 professi~i~a.l
ifisid5 and outside. There is nc. evidence frcr!; the street thzt s:2;';2 is d~j-ng daycare at all, and I find. no ~.nus;:al smsunt e2
r_oise coming from her hcme zr her yard., 1: kave never sea^ mcre
-$- ,.,iibrir x. 3 q sne car in fx-on-jr. c>f her Fr;usc at a kine, and I have "ever
e:<p-ess& some -cnccyns ah;out a GZifJ neighbor c,f o-LLrsy Mrs, Cheryl
&@;:ess E:n 31 Ras.i;rQ La23 in Cz;r?sbad. AS a PeiCJhbC3r 'LlGa docjrs
abowt her bnslness s She keeps her house lo~king lovely g !OD+?- i ,. L
.ard acy Car driVi3g d.GWfi the Street,, destined for her
t didn7-t Jy-<ve G.. & in a ~~~2s-t cau';i.=:is an;d CJ~~CJC pLansz:cn
T - dG :,,,e esch.clcl c$:j-l6res af 1317 3pjcF 3jh~ play out,sj.de Pr, frsn
-cb.e r-sk of their ssifety becz~se sf pare-r,ts c:::
3-c nc'c thir,k ?/irs o Fyazax- 3 s dsijcare incz-eases - cI .c "L my ht'iseI b?J.k ._
1.. L.2e ; m3s-t ,:-srefuP scj.ve.-s il beczl;ise they :3w ilne dangers sf likk2.
,- ._/ 7 &heir &i'i$&ren c m-- iil0se parents T,rjE_c +22~.72 ~]?xi~:i:
;3rh-qds , As I i3ave 0;Cies op; -Line str-e3ts in rcslaen-kiai n,-ii. VI
s.b,&ed, 1 :;,a.ve see3 no speedrng c_r rec :SS dri~i3.5 ~5 a.i>y kind- s~ 331 s+-.k-eei; as s result of hey 2z-i7",3le 13a.r212t;s, n=r have I
hesi-G ani7 k;lndce 2m3~3~ sf asise as a result SI %he children
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The cjr;,ild-rzn ari3 =nllT cut 2.t playing cilesi& .. in her yard,
~~i~~:~~ g2-y nysslf at ar,y -kiE!,
~n shsre, x dt: hop ~QL; b7j.ll gran'c her 2 i:c.ense -Lo do &yr,a.re i
he.- koa2 CR EZ gss.krD fizae in CaylsbaZ";.
specific times &r<Eg khz Szy, and ehey h,s\ye .r,evey d-is-kr;rbed my
- >.
Sir?.c:rely ~
jiidy Wells
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Committed To Employee Dependent Care Needs
18198 Vdadares Dr.
§an Diego, CA 92127
(619) 485-0286 Jctnuary 8, f ggg
t- ,a pi 5; h * $4 ;-. r, ti;: 3..-i.:kcJ> b.W
,, it has ~sc~~i]~ ~Q~~~ ta MU attgfitjo~ f,hj-=it the~g i~ 5 sjf~~af-jrjg tnpirjjch Rgs - .A .. &:&oped in ihg Rancf$ij F;-Jn&yQspj a'rga of Ciy-js?J& $h{y[l ch &e$y cQficeyyi:z
":5 G&*m ;ii.Zd-r@!,m to tian yp, T2rt la f-hr 8c$-jons $77 resj&yj+-s jn this i-?~r--*w;lqjf!? *4>*:$:i$,4: J .-~
3 feyjj';j $3:~ cdrg ggeg-st-gr jjcensgd for j 2 {Chey~l Frazar),
.i ,"
nas pf-!e*:$.-. 'lid>2.2 ;*.-r7i.-.4t. iff!+{ iidal.lgb)~. 'V.. & B ;;of-is!Jlta$qi y&jg assfs%.s r:m-qjar$jes in
.ai+-~..itc,;r+r~*:r.r u~~r I; i I L I ,> !.: l_r t 1 I I!J 3e~;g&nt care tjenefj Is, i 3g-j p~jfi':u] 1 !J 8ylaf-e of 4 +*p
sf;r,pt-sqss .* of q!jaji:g L. d2i.j .d cgre. Day c~yg is ag; 3 c~i:j;s due trj jack of sp~eg:
svall ab1 8 f~ir parents whj I e at work. ;-.gr:rw;jjnj t. jes need i 0t.s of 0pf.j gris ior
gt:eji;- $i$gi;jgq prep$. . if gctmmljnjtjes are tri lhyjite +#e rfii-isi; s!Jppor~ the
, !.-a2 ,a,d{,Jd3 < :a - nemj fz- i: li! care anb support tJgiy rj@fo eo $j-ie ~pt.jgn of child
care 2x3 choc;se fw fW&iy ehjjd, center cijye 131 fwfijfy day care.
I urge !p,i 10 msini-.ain the ri@ds Id of this fsmiju .d day ~m-6 prwjdey C-0
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cZnf.jvf!Je 15 8eTiie the childi-eg anfj parents of Cff'!:;&jd!
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1/9/89
Ann Kulchin,
This letter is in regards to the day care home of
Cheryl Frazar. I am in total support once again
of her home and daycare. This is really needed in
our community and I would hope that this is the last
time we need to get together and fight for it because
of some selfish and nosey neighbors that have obviously
nothing better to do than butt into others personal
business and make others lives misrable. I will
hope that she gets to keep her daycare going--
She is doing nothing wrong and is an advantage for
our city. This is also for our children and I would
hate to have to send my children to another home
that is not licensed because it is so hard to aquire
a llgitimate license and run a place like this.
Why do you people make it so hard to do things the
right way instead of the illegal way?
Thank you,
Working mother
p 0 ,W6-763
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7807 Centei'a St. Carisbad, California 92009 b (619) 753-45,3
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JANUARY 9, 1989
I hava b-n a Day Care Provider for 2% years, and in that time
1 haVn seen first hand thn crisis in Child earn. I havn bean involx
in many profmFsiona1 Child Care organizations, The need is so great
that the State 02 California has decid~d to mako it as easy as possi
to have lieCsnscd Day Carp Horn~s available in all neighboorhoads.
Please do not let a handful of o~ool~ who do not understan6 the sitL
ation and do not realize how little a Family Day Care Home will real
affect them, say the laws of: the Ftate of California do not apply
to thPrn.
Res?Wctfully, AL-
Cue ReutZel, owner
RVTZ"b FAMILY DAY CAR'
837 N. CITRUS AV".
wSCONDITSO, CA. 92027
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Leslie Van Meel Reilly
2203 Recodo Court
Carlsbad, CA 92009
January 6, 1988
City Council
Carlsbad, California
To my elected representatives:
This letter is in regard to Cheryl Frazar’s permit to operate a daycare in Carlsbad. My t\
youngest children have attended Cheryl’s daycare for one and a half years. I have bel
very satisfied with her care of my children. Over the past seven years I have h
experience with many other day care arrangements, and feel that hers is among the ve
best.
Enclosed is a letter that I sent to the Carlsbad Planning Commission for the Decemk
7th, 1988 session at which a permit was granted for Cheryl Frazar’s day care operatic
I feel that this letter is also relevant to your present decision process, and ask you
carefully consider it.
It is my understanding that no one has questioned the high quality of Cheryl Frazar’s d
care. It is also quite clear that there is a shortage of quality daycare in Carlsbad. Li
many other parents, I feel very strongly that residential daycare is the preferred type f
younger children.
I fail to see how a daycare operation can be such a major threat to a neighborhood.
has been asserted that Rancho Ponderosa has a disproportionately high fraction
Carlsbad’s daycare operations, in relation to the number of homes there. Another si
to this issue that you should consider is that this is a neighborhood of large family homi
and surely has more children per home than the ”average” home in Carlsbad.
There is no question in my mind that the permit for Cheryl Frazar’s daycare should
maintained, and the current appeal should be denied. The Planning Commission issued t
permit after careful consideration of the issues, and I’m confident that you will agree w
their decision.
Sincerely,
(&&!G v;L/w
Leslie V.M. Reilly
3. w w
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Leslie V.M. Reilly
2203 Recodo Ct. Carlsbad, CA 92009
November 21, 1988
City of Carlsbad
Planning Department
2075 Las Palmas Dr.
Carlsbad, CA 92009-4859
Re: Residential Daycare Permit
Dear Mr. Holzmiller,
I have previously written to you, and appeared before tT Carlsbad Planning Commission last Spring, concerning a permit fc a residential daycare permit for Cheryl Frazar. Two of my childrr
are in Cheryl's daycare. I am a Special Education teacher at
local junior high school: I enjoy teaching and my family needs tT
second income. However, when I started back to work after havir each child, there was that conflict that all mothers feel betwer career vs. parenting. I solved that conflict by teaching part-tin
and finding quality daycare in a home. It was important that n very young ones be in a home, not a building in a shopping centei Centers are fine for four years old and older, but I feel thz younger children benefit greatly from the warmth and security c a home environment. I say this both as a mother, and as professional with a degree in Child Development. Cheryl's is a quality daycare. It's a clean, nurturir environment. The staff are excellent. They provide education; materials, activities including circle time, music, dancin{ crafts, nutritional snacks and meals. My children have been the1 for two years and I plan to continue placing them in Ms Frazai care. Most of Cheryl's children have been long term, whic
demonstrates that parents are satisfied with her service. I realize there is a problem with a few of the neighbor:
Their reaction reflects human nature, greedy human nature. If yc actually give people an opportunity to choose their neighbors, mob will always say no to a family of teenage boys, family with lo1 of cars, lots of kids, an RV, alcoholics, schools, churches, tl:
handicapped and daycares. Not the more attractive side of hum; nature, is it?
They needn't fear the daycare. The cars are there brief11
We pull up front of the house, and continue after dropping off tl
kids. There is no backing up, as we realize there are othc
children out on the street at times. We totally avoid the strec
where there is a school bus stop. As for myself, my hours are su(
that I arrive after the elementary schools have started, and i
back before they let out. The daycare children are primarily
v
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I
between the ages of 1-3, therefore, they play in the house or j the backyard. They are not out in the front or in the street except for the occasional tlfieldtriptt around the block full supervised. And Cheryl always keeps her house and yard nice1 maintained. She is more than willing to work with the neighboi
on any problems they see. At a tin
when most mothers are working and especially when Carlsbad itsel is actively looking into the daycare situation, this is the tin
to get more residential daycares going. The environment has SUC
an impact on the early sociological development of our young one:
Let us give them a place that feels as much like home as possible Please grant Cheryl Frazar her daycare license. Many mom2
dads and tots will thank you.
Carlsbad needs more licensed residential daycares.
Sincerely,
&L'rn.% Leslie V.M. Reilly
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Specici6kiflg iR Fans:/y Day GQro
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Ann Kulcher
Council Chamber
1200 Elm Ave
Carlsbad, CA
January 6, 1989
Dear Ms. Kulcher,
I am a single mother living in Carlsbad since August 1988, and I am
writing to support the day care facility at 2606 El Rastro, Carlsbad.
I purchased my home in Carlsbad for many reasons, one of which is the
availability of quality day care close to my home. As a widow and single
mo%her, I ~ust lwork to supprt myself and my three year old child. Thus,
I rely on the day care provided by Mrs. Frazier.
It is important for me to know that my child receives competent, loving
care in a real home with other young children. Mrs. Frazier's day care
facility is a God-send to me and many other parents. It would create
a great hardship for me, if it were to be closed.
Please help to ensure the continued existence of this and other quality
day care facilities in Carsbad, so I and other Carlsbad parents can
continue to support ourselves and raise our children in this community.
Thank you,
Mrs. Natalie Hailey a&&-/-
m f---&--f; q&?d, --..A e&-- e
e l-4
January 6, 1989
Ann Kulchin COUNCIL CHAMBER 1200 Elm Avenue Carlsbad, CA 92008
Dear Ann:
This letter is to support Cheryl Frazer of 2606 El Rostro, Carlsbad, in her attempt to obtain a permit to operate her day care center in her home.
Cheryl has provided excellent care for my daughter, Lindsay,
age 5, for over a year. As a former teacher with a degree in
education, I have been consistently impressed with the quality
care that Cheryl provides including her emphasis on education. We need good day care homes in the community and truly hope the City of Carlsbad will recognize this fact.
Sincerely,
Z&?&.
Line11 Killus
1470 Portofino Drive Vista, CA 92083 home (619) 727-5384 work (619) 753-3433
cc : Cheryl Frazer
w/w: <GLlz/zn- -- ---_ I -Jf . * FfiGWe ' L e.+ h(fA
Mrs. J. DiNardi
6851 Batiquitos Dr.
Carlsbad, CA. 92009
January 6, 1989
City of Carlsbad
1200 Elm Ave.
Carlsbad, CA. 92008
Atten: Ms. Ann Kulchen
Dear Ms. Kulchen,
I have know Cheryl Frazar for a short time, but in that time
I have been very impressed with her intelligence and ability
in handling children.
I am a mother of four and a grandmother of six. I feel Carls- bad truely needs good child-care centers.
It's unfortunate that when we have someone so qualified for this position she has to go through so much to keep what she worked so hard to obtain.
I sincerely hope you will stand behind her in this effort.
Thank You "A Concerened Parent''
4 i. P
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1 Mrs. J. DiNardi
3B57? pLd,@- o
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&,ci 0
6066 Corte del Cedro Carlsbad, California 92009
(619) 438-9595 FAX (619) 438-4162
January 4, 1989
City of Carlsbad
1200 Elm Ave.
Carlsbad, Ca. 92008
Attn: Ms. Ann Kulchen
Dear Ms. Kulchen,
This letter is regarding Cheryl Frazar and her Day Care Home.
I have known Cheryl ever since I moved to Carlsbad, 2 1/2 years
ago. I know she is a qualified and concerned day care provider.
I am due to have a baby in early February and plan to bring my child to her for day care services when I am in need of them.
The problem that she is having effects all the people in Carlsb
who need qualified day care services. She provides a warm , horn
envirement for the children which is more than you can say for
sterile "store front shopping center" institutions.
Carlsbad needs to stand behind the people who really care about
our youth and about the people who live and work here and keep
city economically healthy. This can not be done without qualifi day care providers like Cheryl Frazar.
I am in total support of Cheryl Frazar and hope that you too wi
stand behind her.
f' Skncerely, -1
(- *,-j ir
'> *(+\\\G>(r/ LL '., Lb : l*cj/-
+I : a4 Lynd (Rosie) Karel 8-
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e @&%4Cri
January 6, 1989
City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008
Attn : Ann Kulchin
Re: Panclio Ponderosa Day Care owned and operated by Cheryl Frazer
2696 El Pastro Lane
Carlsbad, CA 92003
Dear Ann:
Tliis letter is being written in support of alicense being provided to Cheryl for her day are. There are very 6w ta home licensed day
care providers for babies in this city when there is a tremendous need for such services.
I hoFe this letter will be of assistance in Cheryl's behalf.
Sincerely,
&5i!!ib r
Denise Quigley
1740 Cereus Ct. Carisbad, CA 92009
619-438-9147
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JANUARY 10, 1989
TO WHOM IT MAY CONCERN:
In our society today, where two incomes are required to meet
the financial needs of a family, home daycare is in great
demand and very much a necessity,
Home Daycare provides the child with the security of bing in
a home environment, as well as contributes to the childs develop-
ment. It also gives the parents peace sf mind.
I highly support Daycare that Cheryl Frazer provides.
Sincerely a concerned citizer? and parent,
d- ,149s X/.” JJL
Debbie L. Brees
740 Lomas Santa Fe Drlve/P.O Box 967/Solana Beach, California 92075/(619) 259-3330
- a * a
January 10, 1989
To Whom It May Concern:
As a working mother I'd like to express my opinion in favor of
in home day care.
Without the services of home day care it would not be possible
for me to be employed outside the home. I would not even consider
sending my son into any other type of arrangement. Discontinuing
or putting restrictions as to the locations of home day care would!
create a great amount of hardship on many famlies. I support home
day care in any neighborhood.
home day cares available, good ones are hard to find and sometimes
difficult to get into as the demand is so great.
Zn home day cares must be allowed to continue, as they are not only
the best, but the only option available to most famlies.
In my opinion there are not enough
Sincerely,
1' /s
(&j&& !L&LLL&--
Anita Robertson
e w *"* e..
January 9, 1989
City of Carlsbad
City Council
1200 Elm Ave.
Carlsbad, California 92008
Attn: Ann Kulchin
Re: Frazar Day-care Home Licensure
Dear Ms. Kulchin:
It's no secret, or at least it shouldn't be, that fir
quality day-care homes in Carlsbad is a difficult task. I f one and am in jeopardy of losing it if the Carlsbad Planninc
Commission's decision to grant Cheryl Frazar's business lic;
to conduct day-care is overturned.
My husband and I have enjoyed living in Carlsbad sin<
1981, when we bought our first home here. My husband works
the Immigration Service in Laguna Niguel, and I am a court
reporter taking depositions principally in downtown San Die<
We must have quality and reliable day-care to continue to
fulfill our obligations to our employers and clients.
Our daughter, Kelly, began going to Mrs. Frazar just
two years ago.
attention she's received and how she's grown and progressed
that period of time. I returned to work when Kelly was thrc
months old, and I tried three different day-care homes befoi
finding Mrs. Frazar eight months later.
We've been very pleased with the love and
After Kelly's birth, I searched for day-care homes ir
Carlsbad. Every day-care home I called in Carlsbad was book
We have two day-care homes in our present neighborhood, but
are full also and don't provide the educational stimulation
Mrs. Frazar and her helpers provide.
Mrs. Frazar runs an exemplary operation in her home.
is educated in child development and nutrition and doesn't :
"plop" the children in front of the television for the day c allow them to run wild in the back yard or neighborhood. WI
need more day-care homes like hers in Carlsbad, and you can begin to make that happen by upholding your Planning
Commission's decision to grant her license.
e a ,. ; '.*
"
I understand the residents have expressed fear of mor
traffic in the neighborhood and increased noise levels. The
addition of a little more traffic and noise in the neighborh
is outweighed by the need for day-care in our city.
My schedule is sporadic, and I drop my daughter off a
Mrs. Frazar's anywhere between 7:30 and 10:30 a.m. Before
Mrs. Frazar moved into the neighborhood two months ago, she
parents specific instructions in map form to follow in dropp
the children off so as to avoid the crowded bus stop on
Sombrosa.
The residents of the neighborhood must be primarily
two-income families also, because when I drop my daughter of
the streets and sidewalks are literally deserted. There are
some people around the area when I come to pick up my daught
anywhere between 3:30 and 5:30 p.m., but we, being parents,
very careful when driving around children and when we have c
own children in the car.
Any noise from the children in Mrs. Frazar's day-care
home in the afternoon is drowned out by the noise of the
neighborhood children playing in and about the street; and
Mrs. Frazar has indicated a willingness to arrange the mornj
schedule so as not to inconvenience neighbors.
It's probably no secret the antics that some of thest
"adult" neighbors have chosen to act out against Mrs. Frazai
since Mrs. Frazar moved in. Their actions and attitudes smz
of bigotry in its ugliest form and are aimed, directly or
indirectly, at our most precious asset: OUR CHILDREN. If 1
energy were directly into some positive endeavor, think of 1
good they could do.
Please do the right and just thing, and keep this
quality, loving day-care home open by allowing the license
approval to stand and let us and Mrs. Frazar get on with
business and our lives at last.
Sincerely,
\I &;( f /J&? (J(/ f13J,/&&&
Kae F. Gernandt
Mark N. Gernandt
4330 ~l Capitan Court
Carlsbad, CA 92008
% e 0
I
NOTICE OF PUBLIC HEARING
APPEAL
DC 88-3
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a
hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6
on Tuesday, January 10, 1989, to consider an appeal of a Planning Commission appr
of an application for a large family Daycare Permit on property located at 2606 E
Lane, in the Planned Community Zone in Local Facilities Management Zone 12, and m
particularly described as:
Lot 267 of Carlsbad Tract No. 73-18, Unit No. 4.
If you have any questions regarding this matter, please call the Planning Departm
at 438-1161.
If you challenge the Daycare Permit in court, you may be limited to raising only
issues you or someone else raised at the public hearing described in this notice,
written correspondence delivered to the City of Carlsbad City Clerk's Office at c
prior to the public hearing.
APPELLANT: Rancho Ponderosa Homeowners Association
(By: Charles Batterson, Pres.)
PUBLISH: December 30, 1988 CARLSBAD CITY COUNCIL
OLIVENHAIN
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad \
hold a public hearing at the Council Chambers, 1200 Elm Avenue, Carlsl
California, at 6:OO p.m. on Wednesday, December 7, 1988, to consider apprc of a large family Daycare Permit on property located at 2606 El Rastro Lane the Planned Community zone in Local Facilities Management Zone 12 and N
part i cul arly descri bed as :
Lot 267 of Carlsbad Tract No. 73-18, Unit No. 4.
Those persons wishing to speak on this proposal are cordially invited to att the public hearing. If you have any questions, please call the Planr
Department at 438-1161.
If you challenge the Daycare Permit in court, you may be limited to raising c
those issues you or someone else raised at the public hearing described in t
notice or in written correspondence delivered to the City of Carlsbad at
prior to the public hearing.
CASE FILE: DC 88-3
APPLICANT: FRAZAR PUBLISH: NOVEMBER 25, 1988
CITY OF CARLSBAD PLANNING COMMISSION
1 e e
,-”
1200 ELM AVENUE TELEPH CARLSBAD, CALIFORNIA 92008 (619) 434-
Office of the City Clerk
Mitg of Marlsttab
APPEAL FORM
I (We) appeal the following decision of the Planning Commission
to the City Coum
Project Name and Number (or subject of appeal): Frazar Large Family
Davcare Permit (File #DC 88-3)
Date of Decision: December 7, 1988
Reason for Appeal:
1) Inaccuracies in Planning DeDt. Staff reDort which were not
addressed in the Planning Commission decision.
2) The Planning Dept. and Planning Commission failed to adequz
address significant adverse impacts of this large day care
3) City of Carlsbad ordinances fail to prescribe reasonable
standards and restri d concentr:
12/15/88 Date
Rancho Ponderosa Homeowners Associati
Name (Please Print)
c/o Curtis Management Co.
10455 Sorrento Valley Rd., Suite 102
Address
San Diego, CA 92121
(619) 587-9844
Telephone Number
CITY OF CARLSBAD
1200 ELM ,AVENUE CARLSBAD, CALIFORNIA 92008
438.5621
- REC’D FROM DATE
DESC RI PTIBN
e
(Form A)
e
TO: CITY CLERK’S OFFICE
FROM: PLANNING DEPARTMENT
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice
DC 88-3 - FRAZAR
for a public hearing before the City Council.
Please notice the item for the council meeting of
JAN. 10, 89 .
Thank you.
12 12218%
_L_
Assistant City Man-- Date
e
ld-
f@ f
/------ YJ”Jr c-J/
F - I\.^ruyd v
> a e C’Ph t5
!+
&
-4
120D ELM AVENUE TELEPH( CARLSBAD, CALIFORNIA 92008 (619) 434-:
Office of fhe City Clerk
@itg of Mnrlsbub
DATE : December 15, 1988
TO : Bobbie Hoder
FROM : Karen Kundtz
RE : FRAZAR DAYCARE PERMIT (FILE #DC 88-3)
THE ABOVE ITEM HAS BEEN APPEALED TO THE CITY COUNCIL.
According to the Municipal Code, appeals must be heard by the City Council
within 30 days of the date that the appeal was filed. (REMINDER: The item
will not be noticed in the newspaper until the agenda bill is signed off by
all parties.)
Please process this item in accordance with the procedures contained in the
Agenda Bill Preparation Manual. If you have any questions, please call.
............................................................................
The appeal of the above matter should be scheduled for the City Council
Signature u
r t e e
->
;if;{; 1-9
AVENUE f’i7’t’ f;\”4\?w*<; S‘.!’. - p’: -1. --::x ‘..I TELEPHI AD, CALIFORNIA 92008 (619) 434- cp; If: I- /I;] 0: 112
f \T’{ t]? f:,fi 1-1 Office of the City Clerk
Mitg df MlldsbElb -
APPEAL FORM
I (We) appeal the following decision of the Planning Commission
to the City Counc
Project Name and Number (or subject of appeal): Frazar Large Family
Davcare Permit (File #DC 88-3)
Date of Decision: December 7, 1988
Reason for Appeal:
1) Inaccuracies in Planning DeDt. Staff reDort which were not
addressed in the Planning Commission decision.
2) The Planning Dept. and Planning Commission failed to adequat
address significant adverse impacts of this large day care h
3) City of Carlsbad ordinances fail to prescribe reasonable
standards and restrictions co d concentrat
12/15/88 Date
Rancho Ponderosa Homeowners Association
Name (Please Print)
c/o Curtis Management Co.
10455 Sorrento Valley Rd., Suite 102
Address
San Diego, CA 92121
(619) 587-9844
Telephone Number
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