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HomeMy WebLinkAbout2001-03-06; City Council; 16097; Adopt Ordinance On Family Day Care HomesCITY OF CARLSBAD -AGENDA BILL . . p 0 a d 5 8 AB# 1(9,097 ADOPTION OF ORDINANCE NO. NS-565 MTG. 3-6-01 DEPT. CLK MODIFING REGULATIONS RELATING TO FAMILY DAY CARE HOMES AND CHILD DAY CARE CENTERS (CASE NO. ZCA 00-03) CITY ATTY. CITY MGR RECOMMENDED ACTION: Adopt Ordinance No. NS-565 amending Title 21, Sections 21 .I 2.010, 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. ITEM EXPLANATION: Ordinance No. NS-565 was introduced and first read at the City Council meeting held on January 23, 2001, with the inclusion of the following modification: 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 permit for the church or school. The second reading allows the 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. 16,019 on file with the City Clerk. EXHIBITS: 1. Ordinance No. NS-565. 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 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 2 1, Chapter 21.12, Section 21.12.010 of the Carlsbac 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 tit 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: “21.83.050 Requirements for large family day 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 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. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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 6th day of March -, 200 1, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard and Hall. NOES: None. ABSENT: None - ATTEST: (SEAL) Page 2 of 2 of Ord. Nos. NS-565 -2-