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Home My WebLink AboutCC ORD 1993-2059 Amends §§ 18.04.240, 18.04.241 and 18.04.241.1 and amends Ch. 18.83, zoning (18.04, 18.83)ORDINANCE NO. 9 3 -2059 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AMENDING TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE REGARDING LARGE FAMILY DAY CARE CENTERS. BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. read as follows: Sections: Chapter 18.83 of the National City Municipal Code is amended to Chapter 18.83 Family Day Care Facilities 18.83.010 Intent 18.83.020 Definitions 18.83.030 Small family day care 18.83.040 Large family day care 18.83.050 Application procedure for a large family day care facility 18.83.010 Intent: To provide family day care opportunities in the City consistent with State Health and Safety Code Chapter 1597 while ensuring that such facilities will not adversely affect neighboring properties. 18.83.020 Definitions. "Family day care home" means a home which regularly provides care, protection and supervision of twelve or fewer children, in the provider's own home, for periods of less than twenty -fours hours per day, while the parents or guardians are away, and includes the following: A. "Large family day care home" means a home which provides family day care to seven to twelve children, inclusive, including children under the age of ten years who reside at home. B. "Small family day care home" means a home which provides family day care to six or fewer children, including children under the age of ten years who reside at the home. CONTINUED ON PAGE 2 Ordinance No. 93-2059 Page 2 of 4 18.83.030 Small family day care. Small family day care homes as defined in Section 18.04.241.1 are permitted in all residential structures located in residential zones subject to the following limitations: A. Care is provided for children on less than a twenty-four hour full-time basis; B. Limited to a total of six children including children, under the age of 10 years who live in the home; C . Subject to all day care home requirements as required by the State Fire Marshal ; D . Licensed by, or registered with, the State and/or County of San Diego; 18.83.040 Large family day care. Large family day care homes as defined in Section 18.04.241 are permitted in single-family residential structures located in zones which allow single-family residences as a permitted use subject to the following limitations: A. Family day care must be operated as an incidental use to the residence; B. The planning director may require the construction of block walls not exceeding six feet in height to minimize noise impacts; C. An area sufficient for dropping off and picking up children shall be provided to the satisfaction of the planning director; D. Large family day care facilities shall obtain and maintain all applicable County of San Diego and State of California licenses and permits. Such licenses and permits shall be kept current; E. A large family day care facility shall not locate within seven hundred feet of another such facility. The required minimum distance between any two large family day care facilities shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each such facility. F. The facility shall be maintained in accordance with the standards established by the State Fire Marshal for large family day care facilities. G. The facility shall be subject to the issuance of a business license and site plan review approval by the planning director. Site plan review approval shall be based solely on the adequacy of the facility with regard to spacing and concentration, traffic control, parking availability and noise minimization. CONTINUED ON PAGE 3 Ordinance No. 93-2059 Page 3 of 4 18.83.050 Application procedure for a large family day care facility. A. Application shall be made to the planning department. If the planning director finds that an application for a large family day care facility complies with the provisions of this chapter, he shall approve the application and issue a permit. If the planning director finds that an application does not comply with this chapter, he shall deny the issuance of the permit. B. A nonrefundable fee determined by the city council shall be paid to the city treasurer at the time of filing the application. Section 2. Section 18.04.240 of the National City Municipal Code is amended to read as follows: 18.04.240 Family day care home. "Family day care home" means a home which regularly provides care, protection and supervision of twelve or fewer children, in the provider's own home, for periods of less than twenty-four hours per day, while the parents are away. Section 3. Section 18.04.241 of the National City Municipal Code is amended to read as follows: 18.04.241 Family day care home, large. "Large family day care home" means a home which provides family day care to seven to twelve children, inclusive, including children under the age of ten years who reside at the home. Section 4. Section 18.04.241.1 of the National City Municipal Code is amended to read as follows: 18.04.241.1 Family day care home, small. "Small family day care home" means a home which provides family day care to six or fewer children, including children under the age of ten years who reside at the home. Section 5. The City Council has considered Negative Declaration No. IS-1993-5 together with any comments received during the public review process and all evidence and testimony presented at the hearing and finds that on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment, approves the proposed Negative Declaration, and authorizes the filing of a Notice of Determination. CONTINUED ON PAGE 4 Ordinance No. 93-2059 Page 4 of 4 PASSED and ADOPTED this 18th day of May 1993. GEORGE H. ATERS, MAYOR ATTEST: LO ANNE PEOPLES, ITY CLERK ITY CLERK APPROVED AS TO FORM: GEORGE H. EISER, III -CITY ATTORNEY Passed and adopted by the Council of the City of National City, California, on May 18, 1993 by the following vote, to -wit: Ayes: Councilmen Nays: Councilmen Absent: Councilmen Abstain: Councilmen AUTHENTICATED BY: Dalla? Inzunza, Morrison, Zarate, Waters None None None GEORGE H. WATERS By: Mayor of the City of National City, California s City Clerk of the City of Nationa City, California Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, to wit, on and on May 18, 1993 May 4, 1993 I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each mem- ber of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and cor- rect copy of ORDINANCE NO.93--2°59of the City of National City, passed and adopted by the Council of said City on May 18, 1993 (Seal) City Clerk of the City of National City, California By: Deputy