HomeMy WebLinkAbout2022-09-27; City Council; CS-431; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING AMENDMENTS TO CARLSBAD MUNICIPAL CODE TITLE 5 (BUSINESS LICENSES AND REGULATIONS) TO ENSURE...ORDINANCE NO. CS-431
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING AMENDMENTS TO CARLSBAD MUNICIPAL CODE
TITLE 5 (BUSINESS LICENSES AND REGULATIONS) TO ENSURE CONSISTENCY
WITH STATE LAW RELATED TO CHILD DAY CARE HOMES
CASE NAME:
CASE NO:
2022 ZONING ORDINANCE CLEANUP
MCA 2022-0004
WHEREAS California Governor Gavin Newsom signed Senate Bill 234 Family Daycare Homes into
law, which amended state law related to child day care homes, including a prohibition on local agencies
from requiring a business license for family day care homes; and
WHEREAS, the above legislative bill took effect Jan. 1, 2020, and existing provisions of the City
of Carlsbad Municipal Code are inconsistent with the new law provisions; and
WHEREAS, the City Planner has prepared a Municipal Code Amendment MCA 2022-0004, to
amend Section 5.04.080 of the Carlsbad Municipal Code as necessary to comply with amended state
law as described above; and
WHEREAS the City Council of the City of Carlsbad held a duly noticed public hearing as
prescribed by law to consider MCA 2022-0004; and
WHEREAS at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, the City Council considered all factors, including written public
comments, if any, related to MCA 2022-0004;
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows:
1.The above recitations are true and correct.
2.That Section 5.04.080 of the Carlsbad Municipal Code is amended as shown below:
5.04.080 Exemptions.
Nothing in this title shall be deemed or construed to apply to any person conducting any of the
following businesses:
A.Any business exempt by virtue of the United States Constitution or statutes of the United States
or of the State of California from the payment of such taxes as are prescribed in this title;
B.Any business conducted under a written franchise from the city;
C.Any business which is conducted, managed or carried on only for charitable, fraternal or
educational purposes, or from which profit is not derived, either directly or indirectly, by any person.
D.Small or large family day care homes (defined: Sections 21.04.147 and 21.04.128), pursuant to
California Health & Safety Code Section 1597.46.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City
Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary
of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 13th
day of September, 2022, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 27th day of September, 2022, by the following vote, to wit:
AYES:
NAYS:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
�le.�
CINDIE McMAHON, City Attorney
MATT HALL, Mayor
r-FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)