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HomeMy WebLinkAbout1995-08-15; City Council; 13281; Child care in the industrial areas0. n .* *d g FI- om VaJ aJFI nN 0 5bn rlc rd -4 a)k As nU u uw ha 0s WG :2 SG Ll(d ala ikl4 -urn uu mu m os ua G u -4 3 .rl ZG rl u -4 sm ma, Elm os L) aJ m$4 .rl v aJa w .rl a rlrl rd -rl VL) ss ai4 0” ‘5 52 U 4 aa rd uv 0 -4 0 wm WVJ (dcd u mm aJ as am -4 -4 NU3 !-I Oh cu u .rl 14 rd -4 rlcd P -rl -4 Llrl El sa utd 06 LA o\ \ cv \ 4 m .F P 0 L) 01 aJL 5 -4 cG -4 g aJv 2 .a L) MU u aL) dal -4 rl CW UaJ c $4 OaJ 0 Ud urd ) w Ut GARLSBAD - AGWA BILL .. I K AB # /3 87 TITLE: MTG,e ~ DEPT, CHILD CARE IN THE INDUSTRIAL AREAS CITY l DEPT. CITY I AB # /3 87 TITLE: MTG,e ~ DEPT, CHILD CARE IN THE INDUSTRIAL AREAS CITY l DEPT. CITY I I RECOMMENDED ACTION: Accept the staff report stating the need to Mer study the safety, health, economic and lil issues associated with child care uses in industrial and manufacturing zones. Authorize to employ a qualified consultant to study and report the extent to which these issues s influence Carlsbad’s Child Care Ordinance, k .$ UW ITEM EXPLANATION: BACKGROUND @ u &l&l 0 bow ca .a $4 )-I al 4 aJ1 $5 $ (d a 5: -4 ma (110 aJu V ow FI% The city’s draft child care ordinance recognizes a need for child care facilities close to da: population centers, including industrial zones. However, during the development ( ordinance, it was also recognized that indiscriminate intermix of child care and industry raise potential safety conflicts. This frnding was based on the potential for accidental re of hazardous materials in the industrial zones, and risk of exposure of children to their ha effects. After additional research, it was found that under very limited conditions, a certain locations, child care could operate in the industrial zones with a reasonable expec of safety. aJLi .”, m I While’evaluating an applicant’s tentative proposal to install a corporate child care facilit: ‘p - + $ manufacturing area, the Planning and Fire Departments discovered additional land use aJu W2 *d h opposition to the concept of siting child care uses in industrial zones. related to the mix of child care and industry, which were not addressed during the develq u u El .z of the city’s child care ordinance. It is now apparent that economic and liability issues s also be evaluated since, in several Northern California cities, industry itself has 7 om a aa -d h h ’’ I SUMMARY OF NON-SAFETY ISSUES cd a a,- urd aaJ .rl (d v$4 m crl -4 rd -4 rl$4 -4 u L)m cs OG sa u .rl k 0 a ti 6 z 3 2 While certain segments of industry welcome convenient child care, or actually provide their own employees, others perceive it as an unreasonable risk. The latter oppose il potential source of liability should they experience a release of hazardous materials as a of a handling or process accident. It is stas concern that the presence of child c: Carlsbad’s industrial and manufacturing areas could be viewed negatively by bio-medic; pharmaceutical firms contemplating a Carlsbad location, since they are generally users of s array of hazardous materials. The issues are discussed in further detail in the attached E 1. FEASIBILITY STUDY Staff requests that Council authorize further study of the safety, economic and liability prior to installation of a child care ordinance, or approval of child care uses in indust] manufacturing zones. Staff suggests that the study be conducted by a qualified consultar ~ that it be commissioned to obtain satisfactory resolution of the following concerns: v I m lb PAGE TWO AGENDA BILL NO. /3dR’ 1. Can child care facilities operate in the industrial and manufacturing zones 4 city with a reasonable expectation of safety? 2. What, if any, measures must be taken to mitigate the risk of exposure of ch to releases of hazardous materials? 3. Identify any long term health risks associated with the chronic expost children to the industrial emissions of Carlsbad‘s industrial and manufac zones. 4. Assuming child care can operate in industrial areas with a reasonable expec of safety, what steps can or should be taken to negate the liability conce~ prospective industrial tenants? 5. Will allowing child care facilities to locate in the industrial areas place Ca in a disadvantaged position in competing for target industrial users su biomedical firms? 6. Are there specific locational and land use criteria which can be utilized in to address the safety, liability and economic issues associated with allowing care in the industrial areas? FISCAL IMPACT Several consultants contacted by staff estimate the duration of the study to be 90 to 120 at a cost of $15,000 to $20,000. Staff recommends that Council contingency funds be UI finance the study. Staff is not requesting approval of a consulting contract at this time. Sf consultants have been contacted who indicate the cost range of the study as stated above. will return to Council at a later date to seek approval for a consulting contract and authoril to utilize contingency funds to finance the agreement. EXHIBITS 1. Exhibit A, Memorandum from the Fire Marshal to the Fire Chief dated May 9, 1 m Y Memorandum Exhibit May 9, 1995 TO: FIRE CHIEF FROM: Fire Marshal CHILD CARE IN INDUSTRIAL AREAS Planning and Fire Staff are working together to evaluate the impact of locating child cai facilities in the industrial areas of the city. We are collecting information from othl California cities, industry and regulatory agencies that have found reason to eithl support or oppose the concept. This report attempts only to frame a number of issut that are emerging from the research. Recommendations as to position or mitigatir measures will be offered in a subsequent report. BACKGROUND: The Planning Department has developed a draft Child Care Ordinance and is intereste in taking it forward for review by the Planning Commission. This would culminate fib to six years of work by City Staff, the Child Care Task Force and Child Care Commissiol Coincidentally, Callaway Golf Inc., intends to install a child care facility on its Ruthetfor Road Campus for the benefit of its employees. Resistance on the part of the applical to conform to the standards of the draft ordinance has created a need to revisit tt- matter, and an opportunity to gain from the perspective of cities that now have son experience with the issues. Draft ordinance The draft ordinance recognizes the demand for child care in all areas of the City, an proposes means by which it can be accomplished. The areas most restricted are thos that have been zoned to accommodate industrial use. In those areas, child care us is permitted in an area along College Drive on the western perimeter of the industril park. It was reasoned that the prevailing winds at this location would afford greatt protection from exposure to hazardous materials releases. This was a reluctat compromise, offered to meet the perceived needs of industry, citizens and child car providers. Our original position was to prohibit child care uses in the zone. Yo furtht compromise, it was found that a child care facility located within a building in whic parents were present, solved the problem of evacuation of children during a emergency. Parents could assume immediate custody of their children as opposed ti relying upon the child care staff to evacuate them. m lb CHILD CARE IN INDUSTRIAL AREAS May 9, 1995 Page 2 Tentative proposal The tentative proposal before us conforms to neither of these compromises, since would provide facilities for children of parents who are employed in several buildings ( a campus. Furthermore the location proposed is close to the eastern border of tl industrial park, downwind from present and future industrial sites. The .applicant has proposed extraordinary mitigation measures which may be viabl However our recent research has uncovered information from other jurisdictions ar agencies which has not been addressed by the applicant. Much of this information w: not available during the development of our draft ordinance, but 'It merits evailuation assure that all stakeholder sentiments are heard. DISCUSSION: Social demands The perception of the need for child care facilities in or nearby the work place hz generated some interest on the part of industry to provide such facilities as support fc the work force. Proponents claim that facilities for infants, preschool and sick childrel enhance employee and organizational performance. They also claim that employe€ child, and avoid the use of sick leave to care for a child during illness. Carlsbad's Child care Task force conducted extensive research on the need for SUC facilities locally, and reported that a shortage of child care facilities existed. The tas force also reported that child care was needed in the daytime population centers, b later found, by means of a poll of prospective users, that many parents preferred facilitit closer to their homes than their work. According to the Manufacturers Group of Sani Clara County, a similar poll in that area produced the same sentiments. Zoning conflicts It has been the position of the Fire Department that commercially zoned areas ca accommodate child care uses because they are relatively free of hazardous materia and processes. Conversely, child care in the industrial environment presents sorr extraordinary conflicts which are not easily mitigated. Economic, liability, safety an Bong term health concerns have caused planners, public safety officials and sor embrace the idea, since it would allow them to spend time during the day with tht industry representatives to resist the mix of uses. Stakeholders The decision on this matter will establish precedent that could impact a wide array ( stakeholders, including the community at large, employees of industrial firms, existin 1) CHILD CARE IN INDUSTRIAL AREAS May 9, 1995 Paqe 3 and future industrial entities, and children. Although this office has focused its conce upon the safety aspects of the issue, the discussion should broaden to include t! interests of all involved. Health risk issue According to the San Diego County Air Pollution Control District (APCD), information available which raises concern for the effect of chronic exposure to industrial emissior upon “Sensitive receptors” such as the elderly and children. According to the APCD these emissions do not impose as great a risk on healthy adul due to the ability of healthy adults to withstand the effects of the exposure, and the fal that employees are usually working indoors, protected from the out fall. The limited ability of children to withstand the exposure, coupled with their daily outdoc activities creates some question as to whether or not their presence in the industri; climate over a period of months or years might place them at risk. We are processin information provided by APCD, and the State Air Resources Board, and will present it i a future report. Safety concerns It should be recognized that industrially zoned property is set aside specifically 1 accommodate business that is not compatible with residential or commercial use: Home and commercial business owners would not likely tolerate the intrusion I industrial uses within their neighborhoods. Furthermore, if a manufacturer usin hazardous materials applied for permits to locate in such an area, against the wishes ( the management and/or clients of a nearby child care facility, it probably would not G allowed due to the health and safety risk. Points of issue might be similar to those pi forth in this report. It is accepted that industrial operators employ hazardous materials and processe regularly, and that occasionally an accident will occur resulting in the release c dangerous chemicals no matter how much regulatory control is exerted. We expect fire: explosions or transportation accidents in our business parks to occasionally result i releases of dangerous chemical plumes. Because distance is the greatest protectio from such a threat, the ability to warn and evacuate facilities in the path of the plume i critical. Adult workers have the ability to respond to evacuation orders and take actio to protect themselves from harm. Children placed in a child care facility however, woul have to rely upon a staff, adequately sized and trained to move them to safety. Business liability concerns Although some large industrial employers in other cities have chosen to provide child 0 Y GHlLD GARE IN INDUSTRIAL AREAS May 9, 1995 Paqe 4 care facilities on site for the convenience of their employees, many others oppose tl concept out of concern for heightened liability exposure. The “Public right to kno\ legislation of the last decade put into place disclosure regulations so that informc decisions could be made on risk to the public from hazardous uses. The variol permits and reports that must be filed by hazardous materials users create an informatic repository, available to the public, which provides details related to the location, quali and. quantity of hazardous, toxic and highly toxic materials. Some manufacturers are the opinion that having complied with these regulations, and having paid the necessa permit fees, they should be able to conduct business without the added concern for tt risk to non-industrial uses that might intrude into industrial zones. Manufacturers have also expressed concern that the liability associated with su( intrusion can seriously impede their ability to expand facilities or modify processes meet market demands. According to the Santa Clara County Manufacturers’ Grou some have experienced difficulty obtaining adequate insurance due to the presence ( sensitive non-industrial uses nearby. Community liability concerns The intermix of sensitive uses such as child care with industrial interests could degrac the economic vitality of the City’s industrial zones. A company considering location the Carlsbad industrial zone might be negatively influenced by a risk analysis indicatir elevated liability exposure due to a diverse intermix of use in the area. One SUC precedent might influence other similar industries, creating marketing difficulties. TI predictable rent reductions could result in a resurgence of less desirable industrial use creating an even less desirable climate for up scale tenants such as bio-medical ar pharmaceutical firms. Although this chain of events could be considered extreme, ttl concern is based upon expressed sentiments of other cities interested in the long terr stability of their job bases and revenue streams. City liability concerns Property set aside by the general plan for industrial use provides the owner with certai market advantages and expectations, The marketing advantage can be degraded whe constraints are placed upon the property for the protection of sensitive uses that woul ordinarily not be present. For illustrative purposes, let us assume that a child care use has been sited in E industrial zone, its Conditional Use Permit approved because it is found to be present, unthreatened by hazardous processes. After a period of time a seemingly innocuou use such as an architectural firm locates next door and applies for the necessary permil to store and use Anhydrous Ammonia, an acutely hazardous material used in blu printing. Because the conditions of the child care CUP are now violated, should the a lb 1. CHILD CARE IN INDUSTRIAL AREAS May 9, 1995 Page 5 permit be revoked? Can the City deny occupancy by the architectural firm based c the conditions of the Child Care CUP? It would seem that in either case, the interes of one or the other property owners would be in sufficient jeopardy to provide incenth for legal action against the City. -?".. jq[* </&QJ'l.:J ' +" MIKE 'SMITH ’e w AUGUST 31 , 1995 TO: CITY MANAGER FROM: Senior Planner CC VIA: Community Development Director CLARIFICATION REGARDING AGENDA BILL ON CHILD CARE IN THE INDUSTRI AREAS This memo is intended to clarify the process staff is recommending to study the iss of chiid care in the industrial areas. A three-phased procedure is proposed to addrt the three major issue areas. The tiered approach is necessary because each step of 1 analysis is dependent upon the prior phase/s for direction. After interviewing consultan we will be able to determine whether one consultant will be able to do all three phas of the study, whether subconsultants will be needed or whether staff can complete t last two phases of study. The study would occur as follows: I. Analysis of Safety Issues 0 A consultant, with expertise in the field of hazardous materials, would asked to identify and evaluate the health and safety risks of locating ch care in the City’s industrial areas. The analysis would also include potenl mitigation measures which could be implemented to reduce impacts. 0 If it is determined that the health and safety risks cannot be mitigated, t study would be concluded. If impacts can be safely mitigated, then Pha II would begin. II. Analysis of Economic Impacts 0 The economic impacts of locating child care in the industrial areas wou be identified and evaluated. Issues to be addressed would incluc increased liability, expansion constraints, and increased regulato processes for surrounding industrial operations. Staff would also examil the economic implications for Carlsbad with regard to liability and the lor term ability of the City to attract desirable businesses. Ill. Land Use Issues 0 The land use implications of locating child care in industrial areas wou then be analyzed based on data generated from the first two phase of tl study. Recommendations would then be presented to City Council i consideration and inclusion in the Child Care Ordinance. b a, e CLARIFICATION REGARDING AGENDA BILL AUGUST 31, 1995 PAGE TWO ON CHILD CARE IN THE INDUSTRIAL AREAS If any unmitigable issues surface during the anaiysis, staff willaspend the study t return to Council for further direction. A ADR & ENNE LANDERS ALvd c: Marty Orenyak Michael Holzmiller Dennis Van der Matten Mike Smith Gary Wayne Cynthia Haas