Carlsbad City Zoning Code
CHAPTER 21
83 CHILD CARE
§ 21.83.010 Purpose.
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 between child care facilities and surrounding land uses;
C.
Ensure that the needs of children for adequate care are balanced with the rights of property owners;
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.
(Ord. NS-409 § 21, 1997)
§ 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:
"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.
"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.
"Child or children"
means a person or persons, under eighteen years of age being provided care and supervision in a child care facility.
"Child day care center"
means a facility other than a family day care home which provides nonmedical care, protection, and supervision for children under eighteen years of age for periods of less than twenty-four 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.
"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.
"Family day care home"
means a dwelling which regularly provides nonmedical 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 dwelling which provides family day care for seven to 14 children, inclusive, 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;
2.
"Small family day care home," means a 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 as permitted by the licensing agency.
"Family day care home"
Means a dwelling which regularly provides nonmedical 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 dwelling which provides family day care for seven to 14 children, inclusive, 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;
2.
"Small family day care home," means a 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 as permitted by the licensing agency.
"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 to provide child care services.
(Ord. NS-409 § 21, 1997; Ord. CS-432, 9/27/2022)
§ 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- and after-school recreational programs or child day care centers.
(Ord. NS-409 § 21, 1997; Ord. NS-675 § 68, 2003)
§ 21.83.040 Use chart.
The following use chart indicates the zones where small and large family day care homes and child day care centers are permitted, subject to the requirements of this chapter.
"P" | indicates that the use is permitted in the zone. |
"MCUP" | indicates that the use is permitted subject to approval of a minor conditional use permit (process one) processed in accordance with Chapter 21.42 of this title. |
"CUP" | indicates that the use is permitted subject to approval of a conditional use permit (process two) processed in accordance with Chapter 21.42 of this title. |
"X" | indicates that the use is prohibited in the zone. |
Zoning | Small Family Day Care Home (8 or fewer children) | Large Family Day Care Home (14 or fewer children) | Child Day Care Center |
|---|---|---|---|
R-A, R-E, E-A | P | P | X |
R-1 | P | P | X |
R-2 | P | P | X |
R-3, RD-M, R-P | P | P | MCUP(1)(2) |
R-T, R-W, RMHP | P | P | X |
O | X | X | MCUP(1)(2) |
H-O | X | X | P(1) |
C-F | X | X | MCUP(1)(2) |
C-1, C-2, C-L | X | X | P(1) |
P-M, C-M | X | X | CUP(4) |
M, P-U, OS, L-C, T-C, C-T | X | X | X |
V-B, P-C | (3) | (3) | (1)(2)(3) |
Notes: | |
|---|---|
(1) | Permitted subject to the provisions of Section 21.83.080 of this chapter. |
(2) | Child day care centers are allowed as a permitted use (no conditional use permit or minor conditional use permit required) within existing buildings on developed church or school sites, subject to the provisions of Section 21.83.080 of this chapter. |
(3) | Permitted subject to the standards of the controlling document (Village and Barrio master plan or designated master plan). |
(4) | Permitted subject to the provisions of Sections 21.83.060 and 21.83.080 of this chapter. |
(Ord. NS-409 § 21, 1997; Ord. NS-765 § 4, 2005; Ord. CS-102 § CX, 2010; Ord. CS-178 § CXXII, 2012; Ord. CS-334 § 12, 2018; Ord. CS-432, 9/27/2022; Ord. CS-474, 8/20/2024)
§ 21.83.050 Requirements for large family day care homes.
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.
Development Standards.
1.
The facility shall comply with all zoning standards otherwise applicable to other residences, however, the use of a dwelling for the purposes of this section shall not constitute a change of occupancy for purposes of Title 18 of this code.
2.
The facility shall comply with all standards relating to fire and life safety applicable to residences established by the state fire marshal contained in Title 24 of the California Code of Regulations as amended from time to time.
3.
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.
4.
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.
5.
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.
6.
The applicant shall designate the on site 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.
7.
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.
(Ord. NS-409 § 21, 1997; Ord. NS-565 § 2, 2001; Ord. NS-675 § 69, 2003; Ord. CS-178 § CXXII, 2012; Ord. CS-432, 9/27/2022)
§ 21.83.060 Child day care centers in the P-M and C-M zones.
A.
Child day care centers are permitted in the P-M and C-M zones with a conditional use permit (process two) processed in accordance with Chapter 21.42 of this title, and subject to Section 21.83.080 of this chapter and the following provisions:
1.
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 one thousand 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 City Planner. The evaluations must demonstrate to the satisfaction of the Fire Chief and City Planner that the occurrence of the following within one thousand feet of the child care center presents no significant health or safety risks to the occupants:
a.
Use or storage of acutely hazardous materials in amounts above the threshold planning quantities (TPQs);
b.
Use or storage of more than ten thousand gallons of flammable liquids; or
c.
Use or storage of more than one thousand five hundred pounds of flammable compressed gas.
2.
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.
3.
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 during the existence of the child day care center which ensure the following:
a.
That children can be evacuated from the building within five minutes and relocated to a predetermined refuge area(s) within ten minutes of emergency notification; and
b.
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 21.83.060A.1.a above when such materials are found by the Fire Chief and City Planner to present a health and safety risk to children attending the child day care center. The applicant shall have ninety 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 ninety 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 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 City Planner are authorized to enter into the agreement on behalf of the city.
5.
The applicant shall submit a conversion plan at the time of application which demonstrates to the satisfaction of the City Planner 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.
6.
Upon acceptance of a complete application and payment of the required fees, the City Planner shall process the application in accordance with Chapter 21.54 of this title except that notices shall be given to all property owners within one thousand feet of the subject property.
(Ord. NS-409 § 21, 1997; Ord. NS-565 § 3, 2001; Ord. CS-164 § 10, 2011; Ord. CS-178 § CXXII, 2012)
§ 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 day care 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.
F.
The following parking requirements shall apply:
1.
Parking shall be provided consistent with the standards specified in Chapter 21.44, unless otherwise specified in this section.
2.
Parking shall not be located in any required front yard setback.
3.
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.
4.
Clearly designated pedestrian walkways shall be provided.
G.
Signs shall be permitted in accordance with the underlying zone as provided in Chapter 21.41 of this title.
H.
Any additional conditions regarding safety and access deemed necessary or desirable by the City Engineer, or Community and Economic Development Director.
(Ord. NS-409 § 21, 1997; Ord. NS-675 § 79, 2003; Ord. CS-102 § CXI, 2010; Ord. CS-164 § 14, 2011)
