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HomeMy WebLinkAbout2001-01-23; City Council; 16019; Child Care Ordinance Amendment (ZCA 00-03)h T s CITY OF CARLSBAD -AGENDA BILL hcD AB# /6, o/ 9 m: I MTG. !-cit.3-&J/ CHILD CARE ORDINANCE AMENDMENT ZCA 00-03 DEPT. PLN %@ CITY MGR RECOMMENDED ACTION: That the City Council INTRODUCE Ordinance No. Ab-565 APPROVING ZCA 00-03, amending sections of the Child Care Ordinance and R-2 zone ‘regulations relating to child care facilities. ITEM EXPLANATION: The proposed zone code amendment deletes a specific provision of the Child Care Ordinance that prohibits large family day care homes on either the “bulb” of a cul-de-sac street or on a panhandle lot. The implementation of this change would revise the current ordinance so that it would comply with State law which restricts cities to addressing specific concerns involving traffic safety, concentration of day care providers, etc., rather than absolutely prohibiting the location of family day care homes on particular sites within a residential area. In addition, two “clean-up” items are proposed. The proposed text addition to Section 21.12.010 would include large and small family day care homes as permitted uses in the R-2 zone, consistent with the Use Chart included in Section 21.83.040 of the Child Care Ordinance. The text addition to Section 21.83.060A.2. would specify that child day care centers are a permitted use “within existing buildings” on developed church or school sites. The Planning Commission reviewed the zone code amendment at the November 152000 Planning Commission hearing and recommended that the City Council approve the proposal with a 7-O vote. ENVIRONMENTAL: The project was reviewed and found to be exempt from environmental review under CEQA pursuant to Sections 15061(b)(3) and 15274 since the project has no potential for creating a significant effect on the environment and also, since the project relates to the establishment or operation of family day care homes. FISCAL IMPACT: None. EXHIBITS: 1. Ordinance No. MS- sbf; 2. Planning Commission Resolution No. 4866 3. Planning Commission Staff Report, dated November 152000 4. Excerpts of Planning Commission minutes, dated November 15, 2000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-565 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, SECTIONS 21.12.010, 21.83.050(E), AND 21.83.060A.2. OF THE CARLSBAD MUNICIPAL CODE TO MODIFY REGULATIONS RELATING TO FAMILY DAY CARE HOMES AND CHILD DAY CARE CENTERS. CASE NAME: CHILD CARE ORDINANCE AMENDMENT CASE NO.: ZCA 00-03 The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That Title 21, Chapter 21.12, Section 21.12.010 of the Carlsbad Municipal Code, is amended by the additions of Subsections 21.12.010 (8) and (9) to read as follows: “21.12.010 Permitted uses. (8) Small Family Day Care Homes; (9) Large Family Day Care Homes, subject to the provisions of Chapter 21.83 of this title.” SECTION II: That Title 21, Chapter 21.83, Section 21.83.050 of the Carlsbad Municipal Code, is amended by the amendment of Subsection 21.83.050 (E) to read as follows: “2 1.83.050 Requirements for large family dav care homes. E. The subject site shall not be located closer than one thousand two hundred lineal.feet from any other large family day care home on the same street.” SECTION III: That Title 21, Chapter 21.83, Section 21.83.060 of the Carlsbad Municipal Code, is amended by the amendment of Subsection 21.83.060 A. 2. to read as follows: “21.83.060 A. Child day care centers. 2. As a permitted use within existing buildings on developed church or school sites, except in industrial zones, and subject to the provisions of Section 21.83.090 of this chapter. SECTION IV: That the findings of the Planning Commission as set forth in Planning Commission Resolution No. 4866 constitute the findings of the City Council. 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 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 published at least once in a newspaper of general circulation within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 23rd day of January ,2001, and thereafter. PASSED AND ADOPTED at a regular meeting of said City Council held on the day of ,2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: LORRAJNE M. WOOD, City Clerk (SEW -2- 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ..24 25 26 27 28 EXHIBIT 2 PLANNING COMMISSION RESOLUTION NO. 4866 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT TO AMEND SECTIONS 21.83.050(E) AND 21.83.060A.2. OF THE CHILD CARE ORDINANCE; AND TO AMEND SECTION 21.12.010 TO ADD PROVISIONS FOR LARGE AND SMALL FAMILY DAY CARE HOMES WITHIN THE R-2 ZONE. CASE NAME: CHILD CARE ORDINANCE AMENDMENT CASE NO: ZCA 00-03 WHEREAS, the Planning Director has prepared a proposed Zone Code Amendment pursuant to Section 21.52.020 of the Carlsbad Municipal Code to: Amend Section 21.83.050(E) of the Child Care Ordinance in order to be consistent with State law, to amend Section 21.83.060A.2. of the Child Care Ordinance to clarify permitted use limitations for child day care centers, and to amend Section 21.12.010 of the R-2 Ordinance by adding provisions for large and small family day care homes; and 1. WHEREAS, the proposed amendment is set forth in the draft City, Council Ordinance, Exhibit “A” dated, November 15, 2000, and attached hereto CHILD CARP ORDINANCE AMENDMENT ; ZCA 00-03; and WHEREAS, the Planning Commission did on the 15th day of November, 2000, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of Zone Code Amendment CHILD CARE ORDINANCE AMENDMENT - ZCA 00-03, based on the following findings: J+ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 . . 18 19 20 21 22 23 -24 25 26 27 28 - Findings: 1. 2. 3. 4. 5. 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . That the Planning Director has determined that the project qualifies as an action that has been determined by the State Legislature pursuant to Section 15061(b)(3) as a project that has no potential for creating a significant effect on the environment and Section 15274 as a project relating to the establishment or operation of family day care homes to be statutorily exempt from CEQA. That the proposed Zone Code Amendment is in the public interest and is consistent with the General Plan goal of encouraging and promoting the establishment of childcare facilities in safe and convenient locations throughout the City. That the proposed ZCA reflects sound principles of good planning. The proposed amendment will revise a section of text relating to large family day care homes so that the Child Care Ordinance will comply with State law. The proposed amendment will add provisions for large and small family day care homes in the R-2 zone which were inadvertently left out of the previous zone ordinance amendment ZCA 93-01 and will achieve consistency with the Child Care Ordinance Use Chart listing day care homes as allowable uses in the R-2 zone. The proposed amendment will clarify permitted use limitations for child day care centers to those associated with existing church or school sites and not requiring expansion of the use on those sites. PC RESO NO. 4866 -2- 2 3 4 5 6 AYES: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ‘24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 15th day of November 2000, by the following vote, to wit: Chairperson Compas, Commissioners Baker, Heineman, L’Heureux, Nielsen, Segall, and Trigas NOES: ABSENT: ABSTAIN: ~ WILLIAM COMPAS, Chairper& CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. Planning Director PC RESO NO. 4866 -3- ? The City of Carlsbad Planning Departmen 2 EXHIBIT 3 A REPORT TO THE PLANNING COMMISSION@ Item No. 8 0 Application complete date: N/A P.C. AGENDA OF: November 15,200O Project Planner: Barbara Kennedy Project Engineer: N/A SUBJECT: ZCA 00-03 - CHILD CARE ORDINANCE AMENDMENT - A Zone Code Amendment to amend Section 21.83.050(E) of the Child Care Ordinance to delete provisions restricting large family day care homes on specific sites, to amend Section 21.83.06OA.2. to clarify permitted use limitations for child day care centers, and to amend Section 21.12.010 to add provisions for large and small family day care homes as permitted uses in the R-2 Zone. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4866 RECOMMENDING APPROVAL of ZCA 00-03 based on the findings contained therein. II. INTRODUCTION The proposed zone code amendment deletes a specific provision of the Child Care Ordinance that prohibits large family day care homes on either the “bulb” of a cul-de-sac street or on a panhandle lot. The implementation of this change would revise the current ordinance so that it would comply with State law which restricts cities to addressing specific concerns involving traffic safety, concentration of day care providers, etc., rather than absolutely prohibiting the location of family day care homes on particular sites within a residential area. In addition, two “clean-up” items are proposed. The proposed text addition to Section 2 1.12.010 would include large and small family day care homes as permitted uses in the R-2 zone, consistent with the Use Chart included in Section 21.83.040 of the Child Care Ordinance. The text addition to Section 21.83.060A.2. would specify that child day care centers are a permitted use “within existing buildings” on developed church or school sites. III. PROJECT DESCRIPTION AND BACKGROUND On June 17,1997 the City Council adopted ZCA 93-01 which included a number of revisions to the City’s child care regulations and which amended the Zoning Ordinance to include a new chapter relating specifically to Child Care (21.83). State law mandates local jurisdictions to adopt regulations to facilitate the establishment of small and large family day care homes. “Family day care homes” are defined as being a family dwelling which regularly provides non- medical care, protection, and supervision of children, in the providers’ own home, for periods of less than 24 hours per day, while the parents or guardians are away. These include both small family day care homes with 8 or fewer children and large family day care homes with up to 14 children including children under the age of 10 who reside in the home. State law allows cities to regulate large family day care homes in four areas: spacing, traffic control, parking, and noise. ZCA 00-03 - CHILD CARE ORDINANCE AMENDMENT November 15,200O Page 2 ) In developing these regulations, the City prohibited the location of large family day care homes on the “bulb” of a cul-de-sac street or on panhandle lots since the availability of on-street parking is limited in these locations. In addition, numerous complaints had been received by the City about large family day care providers in such locations. A code enforcement case was opened in March 1999 which was the result of a complaint regarding a large family day care home located at the end of a cul-de-sac. After researching the case, the City Attorney’s office notified planning staff that the current regulations prohibiting large family day care homes on the “bulb” of a cul-de-sac or on panhandle lots went beyond what the City should restrict under State law, and recommended deleting this regulation from the code. In addition, the zone code amendment proposes two “clean-up” items. Revisions to Section 21.12.010 would add an allowance for large and small family day care homes as a permitted use in the R-2 zone. The text was inadvertently left out of the previous amendment and would be identical to the text contained in the R-l section of the Zoning Code. This text amendment is also consistent with the Use Chart included in the Child Care Ordinance which identifies small and large family day care homes as a permitted use in the R-2 zone. The revision to Section 21.83.060A.2. would specify that child day care centers are permitted uses when located “within existing buildings” on a developed church or school site, except in industrial zones. The proposed amendment would clarify the original intent to allow child day care centers by right as a use associated with an existing church or school building. However, if a new structure were proposed for day care facilities, it would constitute an expansion of the use and therefore would require an amendment to the original conditional use permit. The proposed Child Care Ordinance amendment is subject to the following laws and plans: A. California Health and Safety Code Section 1597.46(a) B. General Plan IV. ANALYSIS The recommendation for approval of this zone code amendment was developed by analyzing its compliance/consistency with the applicable laws and plans listed above. The following analysis section discusses compliance/consistency with each of the laws and plans listed above. A. California Health and Safety Code California Health and Safety Code Section 1597.46(a) provides that a City shall not prohibit large family day care homes on lots zoned for single-family dwellings, but may prescribe reasonable standards, restrictions, and requirements concerning spacing and concentration, traffic control, parking, and noise control relating to such homes. T’his law was enacted to ensure that family day care homes for children may be situated in normal residential surroundings so as to give children a home environment conducive to healthy and safe development (Health & Safety Code Section 1597.40(a)). In order to comply with State law, the City Attorney has recommended that the City’s regulation of large family day care homes should be narrowed to address specific concerns rather than prohibiting the location of family day care homes on particular sites within a residential area. Therefore, in order to comply with State law, the text ZCA 00-03 - CHILD CARE ORDINANCE AMENDMENT November 15,200O Page 3 ’ prohibiting large family day care homes from locating on the ‘bulb” of a cul-de-sac or on a panhandle lot should be deleted from the current Child Care Ordinance. B. General Plan The ordinance revisions are consistent with the Land Use Element of the General Plan and directly address policy C.10, Overall Land Use Pattern. This policy states the City should: “Encourage and promote the establishment of child care facilities in safe and convenient locations throughout the community to accommodate the growing demand for child care in the commtmity caused by demographic, economic, and social forces.” The proposed code revision will comply with State law which allows cities to address specific concerns relating to large family day care homes rather than prohibit them on specific sites. V. ENVIRONMENTAL REVIEW Pursuant to Sections 15061(b)(3) and 15274 of the California Environmental Quality Act (CEQA), the Planning Director has determined that the proposed Zone Code Amendment has no potential for creating a significant effect on the environment and also, since the project relates to the establishment or operation of family day care homes, qualifies as an action that has been determined by the state Legislature to be statutorily exempt from CEQA. ATTACHMENTS: 1. Planning Commission Resolution No. 4866 (ZCA) 2. Redline/Strikeout Version dated November 15,200O BK:cs REDLINE/STRIKEOUT ATTACHMENT SECTION I: That Title 21, Chapter 21.12, Section 21.12.010 of the Carlsbad Municipal Code is amended by the addition of Subsections 21.12.010 (8) and (9) to read as follows: 21.12.010 Permitted uses. (8) Small Family Day Care Homes; (9) Large Family Day Care Homes, subject to the provisions of Chapter 21.83 of this title. SECTION II: That Title 21, Chapter 21.83, Section 21.83.050 of the Carlsbad Municipal Code is amended by the deletion of text in of Subsection 21.83.050 (E) to read as follows: 21.83.050 Requirements for large 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 one thousand two hundred lineal feet from any other large family day care home on the same street. w F. An outdoor play area which satisfies the requirements of the state, 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 nine a.m. and end before five 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. 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 fifteen 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 ten 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 tiled in accordance to the procedures set forth in Section 21.54.140 of this title; the appellant shall pay the fee applicable to single-family dwellings. (Ord. NS-409 0 21 (part), 1997) SECTION III: That Title 21, Chapter 21.83, Section 21.83.060 A. 2. of the Carlsbad Municipal Code is amended to read as follows: 21.83.060 Child day care centers. A. Child day care centers are permitted in accordance with Section 21.83.040 subject to the following limitations: 2. As a permitted use within existing buildings on developed church or school sites, except in industrial zones, and subject to the provisions of Section 21.83.090 of this chapter. PLANNING COMMISSION November 152000 DR& Page4 EXH’B’T 4 8. ZCA 00-03 - CHILD CARE ORDINANCE AMENDMENT - A Zone Code Amendment to amend Section 21.83.050(E) of the Child Care Ordinance to delete provisions restricting large family day care home on specific sites, to amend Section 21.83.06OA2. to clarify permitted use limitations for child day care centers, and to amend Section 21.12.010 to add provisions for large and small family day care homes as permitted uses in the R-2 Zone. MOTION: ACTION: Motion by Commissioner Segall, and duly seconded, that the Planning Commission adopt agenda items #2, #3, #4, including the Errata Sheet and #8 as submitted, based upon the findings and subject to the conditions contained therein. VOTE ON MOTION: VOTE: AYES: NOES: ABSTAIN: 7-o-o Compaq Heineman, Nielsen, Trigas, L’Heureux, Baker, Segall None None /a GEORGE.RICHARDSON 1775 VALLEY PLACE CARLSBAD, CA 92008 CARLSBAD UNIFIED SCHOOL DIST 801 PINE AVENUE CARLSBAD, CA 92008 SAN DIEGUITO SCHOOL DISTRICT 701 ENCINITAS BLVD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S WLCAN AVE ENCINITAS CA 92024 CITY OF VISTA PO BOX 1988 VISTA CA 92085 CALIFORNIA DEPT OF FISH/GAME 330 GOLDENSHORE, SUITE 50 LONG BEACH CA 90802 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 2730 LOKER AVE WEST CARLSBAD, CA 92008 CHERYL WHITMAN 1770 CALLEY PLACE CARLSBAD, CA 92008 SAN MARCOS SCHOOL DISTRICT 1 CIVIC CENTER DRIVE SAN MARCOS, CA 92069 LEUCADIA COUNTY WATER DIST 1960 LA COSTA AVE CARLSBAD CA 92009 CITY OF SAN MARCOS 1 CIVIC CENTER DRIVE SAN MARCOS CA 92069-2949 VALLECITOS WATER DISTRICT 788 SAN MARCOS BLVD SAN MARCOS CA 92069 REGIONAL WATER QUALITY 9771 CLAIREMONT MESA BLVD #B SAN DIEGO, CA 92124-1331 AIR POLLUTION CONTROL DISTRICT 9150 CHESAPEAKE DRIVE SAN DIEGO CA 92123 CALIF COASTAL COMMISSION 7575 METROPOLITAN DRIVE SUITE 103 SAN DIEGO, CA 92108-4402 CITY OF CARLSBAD !S PUBLIC WORKS/COMM SERVICES MARK HEDDEN 1775 VALLEY PLACE CARLSBAD'CA 92008 ENCINITAS SCHOOL DISTRICT 101 RANCH0 SANTA FE ROAD ENCINITAS CA 92024 OLIVEHAIN WATER DISTRICT 1966 OLIVENHAIN ROAD ENCINITAS CA 92024 CITY OF OCEANSIDE 300 NORTH COAST HIGHWAY OCEANSIDE CA 92054 T.P.U.A. - SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO, CA 92182-4505 SAN DIEGO COUNTY PLANNING 5201 RUFFIN RD SUITE B SAN DIEGO CA 92123 SANDAG, 401 B STREET, SUITE 800 SAN DIEGO CA 92101 CITY OF CARLSBAD PUBLIC WORKS/ENG DEPT CMWD BARBARA KENNEDY PROJECT PLANNER PLANNING DEPARTMENT CITY OF CARLSBAD r 1635 Faraday Avenue - shad, California 92008-7314 1635 Faraday Avenue shad, California 92008-7314 1635 Faraday Avenue shad, California 92008-7314 GEORGE RICHARDSON 1775 VALLEY PL CARLSBAD CA 92008 CHERYL WHITMAN 1770 VALLEY PL CARLSBAD CA 92008 MARK HEDDEN 1775 VALLEY PL CARLSBAD CA 92008 bmootn keea bneefs- . d Xy Clerk 1 .Ibl CARLSBAD UNIF SCHOOL DIST 801 PINE AVE CARLSBAD CA 92008 SAN MARCOS SCHOOL DIST I CIVIC CENTER DR SAN MARCOS CA 92069 SAN DIEGUITO SCHOOL DIST LEUCADIA CNTY WATER DIST 701 ENCINITAS BLVD 1960 LA COSTA AVE ENCINITAS CA 92024 CARLSBAD CA 92009 CITY OF ENCINITAS 505 S VULCAN AVE ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF VISTA PO BOX 1988 VISTA CA 92085 VALLECITOS WATER DIST 788 SAN MARCOS BLVD SAN MARCOS CA 92069 CALIF DEPT OF FISH & GAME STE 50 330 GOLDENSHORE . LONG BEACH CA 90802 REGIONAL WATER QUALITY STE B 9771 CLAIREMONT MESA BLVD SAN DIEGO CA 92124-1331 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CNTRL DIST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 U.S. FISH &WILDLIFE 2730 LOKER AVE WEST CARLSBAD CA 92008 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 CITY OF CARLSBAD PUBLIC WORKS/COMMUNITY SERVICES CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT CITY OF CARLSBAD PROJECT PLANNER BARBARA KENNEDY 11 I1 712000 Address labels use remplare TOC 3 iou- ENCINITAS SCHOOL DIST 101 RANCH0 SANTA FE RD ENCINITAS CA 92024 OLIVENHAIN WATER DIST 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 . SD COUNTY PLANNING STE B 5201 RUFFIN RD SAN DIEGO CA 92123 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 CITY OF CARLSBAD MUNICIPAL WATER DISTRICT Laser 5160@ JANUARY 23,200l +b tw /mq I-23-o] TO: CITY COUNCIL FROM: Planning Department ZCA 00-03 - CHILD CARE ORDINANCE AMENDMENT 1. Suqqested modification to Ordinance No. NS-565 SECTION IV: That the findings of the Planning Commission as set forth in Planning Commission Resolution 4866 constitute the findings of the City Council with the addition of the following clarification to finding # 6: The proposed amendment will clarify permitted use limitations for child day care centers to those associated with existing church or school sites and not requiring expansion of the use on those sites. Child day care centers will ‘be allowed as a permitted use when constructed within existing buildings with no increase to building square footage. Any increase to square footage will be considered an expansion of the use and will require an amendment to the conditional use permit for the church or school.