HomeMy WebLinkAbout1997-06-24; City Council; 14238; Child Care OrdinanceClr” OF CARLSBAD - AGENr-I\ BILL 11 q @
RECOMMENDED ACTION:
Adopt Ordinance No. NS-409, amending Title 21 of the Carlsbad Municipal Code, by adding
Chapter 21.83 and amending various sections of Title 21 to regulate small and large family
day care homes and child day care centers.
ITEM EXPLANATION
Ordinance No. NS-409 was introduced and first read at the City Council meeting held on June
17, 1997. The second reading allows the City Council to adopt the ordinance which would
then become effective in thirty days. The City Clerk will have the ordinance published within
fifteen days, if adopted.
FISCAL IMPACT
See Agenda Bill No. 14,218 on file with the City Clerk.
EXHIBITS
1. Ordinance No. NS-409.
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ORDINANCE NO. xs-409
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE BY ADDING CHAPTER
21.83 AND AMENDING VARIOUS SECTIONS OF TITLE 21
TO REGULATE SMALL AND LARGE FAMILY DAY CARE
HOMES AND CHILD DAY CARE CENTERS.
CASE NAME: CHILD CARE ORDINANCE
CASE NO.: ZCA 93-Ol/LCPA 97-03
The City Council of the City of Carlsbad, California, does hereby ordain as
follows:
SECTION I: That Title 21, Chapter 21.04 of the Carlsbad Municipal Code is
amended by amendments to Sections 21.04.086, 21.04.140, 21.04.146 and 21.04.147 and the
additions of new Sections 21.04.170, and 21.04.149 to read as follows:
“2 1.04.086 Child Dav Care Center.
“Child Day Care Center” means a facility, other than a family daycare home which
provides non-medical care, protection and supervision for children under 18 years of age for
periods of less than 24 hours per day. “ Child Day Care Center” includes preschools, nursery
schools, employer-sponsored day care facilities and before and after-school recreational
programs, but does not include public or private elementary schools.”
21.04.140 Educational Institution or School.
“Educational Institution or School means an institution of learning for minors, whether
public or private, which offers instruction in those courses of study required by the California
Education Code or which is maintained pursuant to standards set by the State Board of
Education. This definition includes a nursery school, kindergarten, elementary school, junior
high school, senior high school or any special institution of higher education, including a
community or junior college, college, or university.”
21.04.146 Family Dav Care Home.
“Family Day Care Home means a detached single family dwelling which regularly
provides non-medical care, protection, and supervision of 14 or fewer children, in the provider’s
own home, for periods of less than 24 hours per day, while the parents or guardians are away.
The actual number of children permitted in a Family Day Care Home is based on age
composition as determined by the State of California, Department of Social Services. Family
Day Care Homes include Large or Small Family Day Care Homes.”
21.04.147 Familv Dav Care Home. Large.
“Large Family Day Care Home” means a detached, single family dwelling which
provides family day care for 7 to 14 children, inclusive, including children under the age of 10
years who reside at the home as defined by Section 1596.78 of the California Health and Safety
Code and permitted by the licensing agency.
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21.04.148 Familv Dav Care Home, Small.
“Small Family Day Care Home” means a detached, single family dwelling which
provides family day care for eight or fewer children, including children under the age of 10 years
who reside at the home as defined in Section 1596.78 of the California Health and Safety Code
and permitted by the licensing agency.
21.04.149 Emnlover-snonsored Child Day Care Center.
“Employer-sponsored Child Day Care Center” means any Child Day Care Center at the
employer’s site of business and operated directly or through a provider contract by any person or
entity having one or more employees, and available exclusively for the care of that employer, and
of the officers, managers, and employees of the employer.
21.04.170 Director.
“Director means the Director of Planning.”
SECTION II: That Title 21, Chapter 21.07, Section 21.07.020 of the Carlsbad
Municipal Code is amended by the additions of Subsections 21.07.020(15) and (16) to read as
follows:
2 1.07.020 Permitted uses and structures.
(15) Small Family Day Care Homes;
(16) Large Family Day Care Homes, subject to the provisions of Chapter 2 1.83.
SECTION III: That Title 21, Chapter 21.08 of the Carlsbad Municipal Code is
amended by the additions of Subsections 21.08.010 (11) and (12) to read as follows:
“2 1.08.0 10 Permitted uses.
(11) Small Family Day Care Homes;
(12) Large Family Day Care Homes, subject to the provisions of Chapter 21.83.”
SECTION IV: That Title 21, Chapter 21.09 of the Carlsbad Municipal Code is
amended by the addition of Subsections 21.09.020(g) and (9) to read as follows:
“2 1.09.020 Permitted uses.
(8) Small Family Day Care Homes;
(9) Large Family Day Care Homes, subject to the provisions of Chapter 2 1.83.”
SECTION V: That Title 21, Chapter 21.10, of the Carlsbad Municipal Code is
amended by the amendments of Subsections 21 .lO.OlO (11) and (12) to read as follows:
“21.10.010 Permitted uses.
(11) Small Family Day Care Homes;
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(12) Large Family Day Care Homes, subject to the provisions of Chapter 2 1.83.”
I SECTION VI: That Title 2 1, Chapter 2 1.16, of the Carlsbad Municipal Code is
amended by the addition of Subsections 21.16.010(9) and (10) and Section 21.16.018 to read as
follows:
“2 1.16.0 10 Permitted uses.
(9 Small Family Day Care Homes;
(10) Large Family Day Care Homes, subject to the provisions of Chapter 21.83.”
“21.16.018 Child Dav Care Centers by administrative permit.
Child Day Care Centers may be permitted by administrative permit, subject to the
provisions of Chapter 21.83.
SECTION VII: That Title 21, Chapter 2 1.18 of the Carlsbad Municipal Code is
amended by the addition of Section 21.18.043 to read as follows:
“21.18.043 Child Day Care Centers nermitted bv administrative permit.
A. Child Day Care Centers may be permitted by administrative permit, subject to the
provisions of Chapter 2 1.83.
SECTION VIII: That Title 21, Chapter 2 1.20, Section 2 1.20.0 10 of the Carlsbad
Municipal Code is amended by the addition of Subsections 21.18.020(6) and (7) to read as
follows:
“21.20.010 Permitted uses and structures.
(6) Small Family Day Care Homes;
(7) Large Family Day Care Homes, subject to the provisions of Chapter 2 1.83.”
SECTION IX: That Title 2 1, Chapter 21.21, Section 21.2 1.040 of the Carlsbad
Municipal Code is amended by the addition of Subsection 21.2 1.040(3) to read as follows:
(3) Child Day Care Centers, subject to the provisions of Chapter 2 1.83.
SECTION X: That Title 21, Chapter 21.22, Section 21.22.010 of the Carlsbad
Municipal Code is amended by the addition of Subsection 21.22.010(6) and (7) to read as
follows:
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“21.22.010 Permitted uses.
(6) Small Family Day Care Homes;
(7) Large Family Day Care Homes, subject to the provisions of Chapter 21.83.
SECTION XI: That Title 2 1, Chapter 2 1.24, of the Carlsbad Municipal Code is
amended by the repeal of Subsection 21.24.020(5)and the addition of Subsections 21.24.010(7)
and (8) and 2 1.24.027 to read as folloWs:
“2 1.24.0 10 Permitted uses.
(7) Small Family Day Care Homes;
(8) Large Family Day Care Homes, subject to the provisions of Chapter 21.83.”
“21.24.027 Child Day Care Centers by administrative permit.
A. Child Day Care Centers may be permitted by administrative permit, subject to the
provisions of Chapter 21.83 .”
SECTION XII: That Title 2 1, Chapter 21.26, Section 21.26.010 of the
Carlsbad Municipal Code is amended by the addition of Subsection 21.26.010(31) to read as
follows:
“2 1.26.010 Permitted uses.
(31) Child Day Care Centers, subject to the provisions of Chapter 21.83.”
SECTION XIII: That Title 2 1, Chapter 2 1.27 of the Carlsbad Municipal Code is
amended by the addition of Section 2 1.27.02 1 to read as follows:
“21.27.021 Child Day Care Centers bv administrative permit.
Child Day Care Centers may be permitted by administrative permit, subject to the
provisions of Chapter 2 1.83”.
SECTION XIV: That Title 21, Chapter 21.27, of the Carlsbad Municipal Code is
amended by the addition of Section 2 1.27.02 1 and the amendment of Section 2 1.27.040 to read
as follows:
“21.27.021 Child Dav Care Centers bv administrative permit.
Child Day Care Centers may be permitted by administrative permit, subject to the
provisions of Chapter 21.83. Application for administrative permit shall demonstrate site design
compatibility with surrounding dkvelopment.”
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“2 1.27.040 Site Development plan reauired.
Approval of a site development plan processed according to the provisions of Chapter
2 1.06 shall be required for any development in the 0 zone except Child Day Care Centers.”
SECTION XV: That Title 21, Chapter 21.30., is amended by the addition of
Section 21.30.011 to read as follows:
I “21.30.011 Uses and structures uerrnitted bv conditional use oermit.
Child Day Care Centers are permitted by conditional use permit, subject to the provisions
of Chapter 21.50 and 21.83.
SECTION XVI: That Title 21, Chapter 21.32, of the Carlsbad Municipal Code is
amended by the amendment of Subsection 2 1.32.010( 1) to read as follows:
“21.32.010 Conditional uses.
(1) Any use permitted in the C-M zone, except Child Day Care Centers, except that a
dwelling conforming to the yard requirements of the R-3 zone shall be permitted on the same lot
on which a factory is located, and which dwelling is used exclusively by a caretaker or
superintendent of such factory and his family.”
SECTION XVII: That Title 21, Chapter 21.34, Section 21.34.030 of t’he
Carlsbad Municipal Code is amended by the amendment of Subsections 21.34.030(4) to read as
follows:
“21.34.030 Permitted uses and structures
(4) Child Day Care Centers, subject to the provisions of Chapter 21.83.
SECTION XVIII: That Title 21, Chapter 21.37, Section 21.37.020 of the
Carlsbad Municipal Code is amended by the addition of Subsection 21.37.020(7) and (8) to read
as follows:
“(7) Small Family Day Care Homes;
(8) Large Family Day Care Homes, subject to the provisions of Chapter 21.83.”
SECTION XIX: That Title 21, Chapter 21.38, of the Carlsbad Municipal Code is
amended by the amendment of Section 21.38.020 to read as follows:
21.38.020 Permitted uses and structures.
“In the P-C, planned community zone, the permitted uses and structures shall be
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established by a master plan of development approved in accordance with this Chapter which
may include any use found to be necessary and desirable for a community planned in accordance
with the purposes of this Chapter, provided that such permitted uses and structures shall be
consistent with the general plan and applicable specific plans. Any such master plan which
includes a residential component shall include graphic plans and text to reserve a site within the
master plan area for a Child Day Care Center of reasonable size for a period of five years from
the date of issuance of the first building permit. Prior to approval of a master plan, the property
may be used as permitted by Chapter 21.07 for the E-A exclusive agriculture zone. After
approval of a master pan, such agricultural uses may be continued if the master plan so
provides.”
SECTION XX: That Title 21, Chapter 21.44, Section 21.44.050 of the
Carlsbad Municipal Code is amended by the addition of Subsection 21.44.050(a)(4)(E) to read as
follows:
2 1.44.050 General reauirements.
m Up to 50 percent of the parking facilities required by this Chapter for a church
may be jointly utilized by an on-site, accessory, Child Day Care Center provided there is no
substantial conflict in the principal operating hours of the church and Child Day Care Center.
SECTION XXI: That Title 2 1 is amended by the addition of Chapter 2 1.83
to read as follows: Chapter 2 1.83
CHILD CARE
Sections:
21.83.010
21.83.020
21.83.030
21.83.040
21.83.050
21.83.060
21.83.070
21.83.080
Purpose
Definitions
Exclusions
Use Chart
Requirements for Large Family Day Care Homes
Child Day Care Centers
Child Day Care Centers by Administrative Permit
Development Standards for Child Day Care Centers
21.83.010 Purnose
The purposes of the Child Care Development Regulations are to:
A. Recognize that affordable, quality, licensed child care is critical to both the well-
being of children and parents as well as the economic vitality of the City;
B. Provide a comprehensive set of guidelines to ensure a safe child care environment
and to maintain compatibility bepeen child care facilities and surrounding land uses;
C. Ensure that the needs of children for adequate care are balanced with the rights 01
property owners;
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D. Facilitate the establishment of child care facilities as a permitted use within
certain zones;
E. Enhance provider awareness of City requirements;
F. Authorize Child Day Care Centers in P-M and C-M Zones as conditionally
permitted uses and subject to specified standards; and,
G. Implement State law with regard to the provision of child care facilities. As stated
in Health and Safety Code, Section 1597.40: “Family Day Care Homes must be situated in
normal residential surroundings so as to give children the home environment which is conducive
to healthy and safe development. It is the public policy of this State to provide children in a
Family Day Care Home the same home environment as provided in a traditional home setting.”
It is the policy of the State that Small and Large Family Day Care Homes do not constitute a
change of occupancy of residentially zoned and occupied properties for purposes of local
ordinances as well as local building and fire codes. Traffic and noise generated by Child Day
Care Homes are considered to be of normal residential levels which may be reasonably restricted
but not used as a basis for permit denial. Conditions, covenants and restrictions (CC&Rs)
restricting or prohibiting Child Care Homes in residential neighborhoods were voided by Health
and Safety Code Section 1597.40(c). Judgments on the quality of child care are the
responsibility of parents, the provider, and the licensing agency.
21.83.020 Definitions
For the purposes of this chapter, the terms used herein relating to the provision of child
care services are defined as follows:
A. “Acutely Hazardous Materials” means substances which have the greatest
potential to pose a hazard to public health and the environment in the event of accidental release.
These substances are identified in California Health and Safety Code Chapter 6.95.
B. “Threshold Planning Quantities” means the amount of specific Acutely Hazardous
Materials which, if accidentally released into the environment, are likely to cause acute health
effects resulting in significant injury to or death of humans.
C. “Child or Children” means a person or persons, under 18 years of age being
provided care and supervision in a child care facility;
D. “Child Day Care Center” means a facility other than a Family Day Care Home
which provides non-medical care, protection, and supervision for children under 18 years of age
for periods of less than 24 hours per day. Child Day Care Centers include preschools, nursery
schools, Employer-Sponsored Child Day Care Facilities, and before and after-school recreational
programs, but do not include public or private elementary schools.
E. “Employer-sponsored Child Day Care Center” means any Child Day Care Center
at the employer’s site of business and operated directly or through a provider contract by any
person or entity having one or more employees, and available exclusively for the care of that
employer, and of the officers, managers, and employees of the employer.
F. “Family Day Care Home” means a single family dwelling which regularly
provides non-medical care, protection, and supervision of 14 or fewer children, in the provider’s
own home, for periods of less than 24 hours per day, while the parents or guardians are away.
The actual number of children permitted in a Family Day Care Home is based on age
composition as determined by the permitting agency. Family Day Care Homes include either of
the following:
1. “Large Family Day Care Home”, means a detached, single family
dwelling which provides family day care for 7 to 14 children, inclusive, including children under
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the age of 10 years who reside at the home as defined in Section 1596.78 of the California Health
and Safety Code and as permitted by the licensing agency;
2. “Small Family Day Care Home”, means a detached, single family
dwelling which provides family day care for 8 or fewer children, including children under the
age of 10 years who reside at the home as defined in Section 1596.78 of the California Health
and Safety Code and as permitted by the licensing agency.
G. “Provider” means a person or entity who operates a Child Day Care Center or a
Large Family Day Care Home and is licensed by the County of San Diego to provide child care
services.
21.83.030 Exclusions
The requirements of this chapter do not apply to the following:
A. Any child day care home providing care for the children of only one family in
addition to the provider’s own children;
B. Any cooperative arrangement between parents for the care of their children by one
or more of the parents where no payment for the care is involved;
C. Any arrangement for the receiving and care of children by a relative;
D. Any public recreation programs conducted by a public entity specified in and
meeting the requirements of Health and Safety Code Section 1596.792(g); or recreation
programs conducted for children by a Boys’ Club, a Girls’ Club, the Brownies, the Cub/Boy/Girl
Scouts, the Campfire Girls or similar such organizations as determined by State regulations
issued pursuant to Health and Safety Code Section 1596.793; and,
E. Any public or private schools operating before or after-school recreational
programs or Child Day Care Centers. .
21.83.040 Use Chart
Zones in which Small and Large Family Day Care Homes and Child Day Care Centers
are shown on the following use chart. Permitted, administrative, conditional, and prohibited are
authorized as follows:
“P” Indicates that the use is permitted in the zone.
“A” Indicates that the use is permitted subject to approval of an administrative permit.
“C” Indicates that the use is permitted subject to approval of a conditional use permit.
“X’ Indicates that the use is prohibited in the zone.
P I I X II II R-l I X II
I R-2 P P(l) X
R-3,
RD-M, RP P P(l) A(2)
RT, RW, P P(l) X
RMHP
X I A(2) II
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PM,CM 1
M, PU, OS,
LC, TC, CT
VR,PC I (4) I (4) I (4)
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1 ------ Permitted only when the Large Family Day Care Home is located on a lot occupied by a detached, single
family dwelling on a lot of 7,500 square feet or more by ministerial approval without a public hearing and
subject to the provisions of Section 2 1 J3.050 of this Chapter.
2 ------ Permitted subject to the provisions of Sections 2 1.83.070 and 2 1.83.080 of this Chapter.
3 ------ Permitted subject to the provisions of Section 21.83.080 of this Chapter and the requirements of any
controlling document (e.g., Site Development Plan).
4 ------ Permitted subject to the standards of the controlling document (Village Redevelopment Master Plan and
Design Guidelines or designated Master Plan) and the provisions of Section 2 1.83.080 of this Chapter.
21.83.050 Requirements for LarPe Family Dav Care Homes
All Large Family Day Care Homes shall comply with the following development requirements:
A. The applicant shall obtain all licenses and permits required by State law for
operation of the facility and shall keep all State licenses or permits valid and current.
B. Applicants who reside on rented or leased property shall provide proof of written
notice to the landlord or owner of the property that they intend to operate a Family Day Care
Home on the rented or leased premises in accord with Section 1597.40 of the California Health
and Safety Code.
C. The facility shall comply with all zoning standards otherwise applicable to other
single family residences, however, the use of a detached, single family dwelling for the purposes
of this section shall not constitute a change of occupancy for purposes of Title 18 of this Code.
D. The facility shall comply with all standards relating to fire and life safety
applicable to single family residences established by the State Fire Marshal contained in Title 24
of the California Code of Regulations as amended from time to time.
E. The subject site shall not be located closer than 1,200 lineal feet from any other
Large Family Day Care Home on the same street. In addition, Large Family Day Care Homes
shall not be located on either the “bulb” of a cul-de-sac street or on a panhandle lot.
F. An outdoor play area which satisfies the requirements of the State of California,
Community Care Licensing Division shall be provided in the rear yard and shall be enclosed by a
natural barrier, wall, solid fence, or other solid structure a minimum of five feet in height. The
provider shall ensure that outdoor play times do not begin until after 9:00 a.m. and end before
5:00 p.m. The provider shall stagger the number of children playing outdoors at any one time to
reduce noise impacts on surrounding residences.
G. All outdoor play areas shall be adequately separated from vehicular circulation
and parking areas by a strong fence such as chain link, wood or masonry.
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H. Required garages shall be prohibited for use as a Family Day Care Home and
shall be utilized for parking two of the applicant’s onsite vehicles during the daily operation of
the day care home rather than parking the vehicles on the street or in the driveway.
I. The applicant shall designate the onsite driveway as the official drop-off and pick-
up area for children and shall notify parents of this requirement. Said driveway shall remain free
and clear of parked cars.
J. The applicant shall require that employees park in locations which will not
inconvenience nearby residents. To disrupt the neighborhood as little as possible, best efforts
shall be made by the applicant to require employees to park as close as possible to the Family
Day Care Home.
K. Large Family Day Care Home Providers shall make written application to the
Director and shall include all materials deemed necessary by the Director to show that the
requirements of this section are met. The Director shall grant the permit without a hearing if all
the requirements of this section are satisfied. The decision of the Director shall be made within
15 working days of the receipt of a complete application and provided to the applicant in writing.
The decision of the Director may be appealed to the Planning Commission within 10 calendar
days of the date of the written decision of the Director. The appellant shall pay the cost of the
appeal. Any appeal shall be filed in accordance to the procedures set forth in Section 21.
54.140; the appellant shall pay the fee applicable to single family dwellings.
21.83.060 Child Dav Care Centers
A. Child Day Care Centers are permitted in accordance with Section 21.83.040
subject to the following limitations:
1. In the PM and CM zones, with a conditional use permit in accordance with
Section 21.83.080 and subject to the following provisions:
(a) The applicant shall conduct an evaluation of the health and safety
’ risks associated with the proposed Child Day Care Center. The evaluation shall include a survey
of all businesses within 1,000 feet of the proposed Child Day Care Center to determine the nature
and quantity of hazardous materials in use nearby. If the conditional use permit is granted,
thereafter, the Provider shall conduct similar annual evaluations and disclose results to the Fire
Chief and Planning Director. The evaluations must demonstrate to the satisfaction of the Fire
Chief and Planning Director that the occurrence of the following within 1,000 feet of the Child
Care Center presents no significant health or safety risks to the occupants:
(1) Use or storage of Acutely Hazardous Materials in amounts
above the threshold planning quantities (TPQs);
(2) Use or storage of more than 10,000 gallons of flammable
liquids; or
(3) Use or storage of more than 1,500 pounds of flammable
compressed gas.
@I Prior to enrollment of the child in the Child Day Care Center, the
Provider shall, in writing, inform the child’s parents that their child(ren) may be subject to health
and safety risks due to the presence, use and discharge of hazardous materials (including Acutely
Hazardous Materials above the TPQs) in the area. Parents shall also be informed that the
Provider may be required to retain custody of their children for extended time periods during an
emergency.
cc> Prior to occupancy, the Provider shall prepare and obtain approval
by the Fire Chief of an emergency operating plan which prescribes procedures to be followed
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during the existence of the Child Day Care Center which ensure the following:
(1) That children can be evacuated from the building within
five minutes and relocated to a predetermined refuge area(s) within 10 minutes of emergency
notification; and
(2) Quarterly exercise of the plan.
(4 The applicant shall enter into an agreement with the City to
discontinue operation of the Child Day Care Center immediately upon the discovery of the
existence of hazardous materials as described in Section 21.83.060Al(a) above when such
materials are found by the Fire Chief and Planning Director to present a health and safety risk to
children attending the Child Day Care Center. The applicant shall have 90 days to mitigate, to
the satisfaction of the Fire Chief, the impacts created by the use of said hazardous materials. If
impacts are not mitigated within 90 days, the conditional use permit for the Child Day Care
Center shall become null and void. The applicant shall agree to indemnify and hold the City of
Carlsbad and its officers, employees, and agents free and harmless from any claims, actions,
damages, costs, or expenses arising from exposure of children to hazardous substances as a result
of the presence of the former in or near the Child Day Care Center. The Fire Chief or Planning
Director are hereby authorized to enter into the agreement on behalf of the City.
(4 The applicant shall submit a conversion plan at the time of
application which demonstrates to the satisfaction of the Planning Director and the Fire Chief
that the Child Day Care Center could be converted to a use permitted within the zone if the
conditional use as a Child Day Care Center is discontinued.
(0 Upon acceptance of a complete application and payment of the
required fees, the Planning Director shall process the application in accordance with Chapter
21.52 except that notices shall be given to all property owners within 1,000 feet of the subject
property. 2. As a permitted use on developed church or school sites, except in
industrial zones, and subject to the provisions of Section 2 1.83.090 below.
3. In the R-3, RD-M, RP and 0 zones, with an administrative permit, subject
to the provisions of Sections 21.83.070 and 21.83.080.
4. In the HO, C-l and C-2 zones, as a permitted use subject to the provisions
of Section 2 1.83.080.
21.83.070 Child Day Care Centers bv Administrative Permit
Child Day Care Centers may be approved by administrative permit in zones specified therefore
in Section 21.83.040 of this Chapter. The owner of the subject property shall make written
application to the Director. Such application shall include all materials deemed necessary by the
Director to show that the requirements of Section 21.83.080 are met. If the site is in the Coastal
Zone, the application shall also constitute an application for a Coastal Development Permit.
A. The Director shall give written notice to all property owners within 300 feet of the
subject property of pending development decision after the application is complete, at least
fifteen working days prior to the decision on the application as follows:
1. Contents. The notice shall include all requirements of Section 21.54.061
of this code, including a notice of a public comment period of at least 15 working days sufficient
to receive and consider comments submitted by mail prior to the date established for the
decision. The notice shall also include a statement that a public hearing shall be held upon
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request by any person and a statement that failure by a person to request a public hearing may
result in the loss of that person’s ability to appeal approval of the administrative permit by the
Director to the Planning Commission.
B. The Director may approve, approve with conditions, or deny the permit. The
Director may waive a public hearing on an administrative permit if notice has been provided in
accordance with subsection (A)(l) of this section and a request for a public hearing has not been
received by the city within 15 working days from the date of sending the notice. If a request for
a public hearing is received, a public hearing before the Director shall be held in the same
manner as a Planning Commission hearing. In either event, the Director’s decision shall be
based upon the requirements of, and shall include, specific factual findings supporting whether
the project is or is not in conformity with the requirements of Section 2 1.83.080.
The Director’s decision shall be made in writing. The date of the decision shall be
the date the writing containing the decision or determination is mailed or otherwise delivered to
the person or persons affected by the decision. If the matter includes a Coastal Development
Permit, unless the decision is appealed to the Planning Commission, the Director shall provide a
notice of final action in accordance with Sections 21.201.160 and 21.201.170 of this code, in
addition to the Director’s written decision.
C. The Director’s decision shall be final unless the decision is appealed by an
interested person to the Planning Commission. The written appeal shall specifically state the
reason or reasons for the appeal and the manner in which the decision of the Director is in error.
The decision of the Director shall be affirmed by the Planning Commission unless the appellant
shows by a preponderance of evidence that the decision of the Director is in error, inconsistent
with State law, the general plan, this zoning ordinance or any policy of the city. The appeal shall
be filed in writing with the secretary of the Planning Commission within 10 calendar days after
the date of the Director’s decision. The decision by the Planning Commission on appeals of the
Director’s decision shall be final. If the matter includes a Coastal Development Permit, the
Director shall give notice of final action on the appeal in accordance with Sections 21.201.160
and 21.201.170.
21.83.080 Development Standards for Child Day Care Centers
All Child Day Care Centers shall comply with the following development standards:
A. The applicant has or will obtain all licenses and permits required by State law for
operation of the facility. The applicant shall keep all State licenses or permits valid and current.
B. The center shall meet all zoning standards otherwise applicable to the project site.
C. Indoor and outdoor play areas which satisfy the requirements of the County of
San Diego Daycare Licensing Agency shall be provided. The outdoor play area shall be adjacent
to the center and accessible through the center itself. The outdoor play area shall be enclosed by a
natural barrier, wall, or fence a minimum of five feet in height. If located adjacent to
residentially-zoned property, the separating barrier, wall, or fence shall be of solid construction.
Said outdoor play area shall not be allowed in any required front, side or rear yard setbacks and
shall be located and designed so as to reduce noise impacts on adjacent properties.
D. The outdoor play space shall be viewable directly from the interior of the structure
by having windows at strategic points so that the yard area can be seen from the inside of the
child care center.
E. Each Child Day Care Center shall have a direct source of natural light which shall
be located so as to maximize the ‘ability for children to see out of windows.
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F. Notwithstanding Chapter 21.44, parking shall be provided at one space/employee
plus one space for each 10 children, minimum. Such parking shall not be located in any required
front yard setback. An adequate on-site loading/unloading area shall be provided which can be
easily accessed from the Child Day Care Center without crossing any driveways or streets. This
area may be counted towards the required parking. Clearly designated pedestrian walkways shall
be provided.
1. Up to 50 percent of the parking facilities required by Chapter 21.44 for a
church may be jointly utilized by an on-site, incidental, Child Day Care Center provided there is
no substantial conflict in the principle operating hours of the buildings or uses for which the joint
use of off-street parking facilities is proposed.
G. Signs shall be permitted in accordance with the underlying zone as provided in
Chapter 2 1.4 1.
H. Any additional conditions regarding safety and access deemed necessary or
desirable by the City Engineer, Planning Director, or Principal Building Inspector.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a newspaper of general circulation in the City of Carlsbad within
fifteen days after its adoption. (Notwithstanding the proceeding, this ordinance shall not be
effective within the City’s Coastal Zone until approved by the California Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council held on the 17th day of June , 1997 and thereafter.
. . .
. . .
. . .
. . .
. . .
. . .
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 24th day of June 1997, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall
NOES: None
ABSENT: None
ATTEST:
n
ALETHA L. RAUTENKXANZ, City Clerk
.
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