HomeMy WebLinkAbout1997-01-21; City Council; 14010; CHILD CARE STUDY PHASE III- CHILD CARE FACILITIES IN INDUSTRIAL ZONESm
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%TY OF CARLSBAD - AGEMLA BILL
AB# j~,o/o TITLE: 1 MTG. /-a/-? 7
CITY MGR k DEPT. PLN
- CHILD CARE FACILITIES IN INDUSTRIAL ZONES CITY ATTY. ( CHILD CARE STUDY PHASE Ill -
I
RECOMMENDED ACTION!
This agenda bill includes the following four actions for City Council consideration:
1. Accept the staff report outlining policy alternatives to allow child care facilities in
2. ADOPT Resolution of Intention No. ROI- 9 7- 2 CF" directing staff to preparl
3. If Council determines to allow child care facilities in the industrial zones, direc
4. Direct staff to review the current fees for conditional use permits for child care CE
zones of the City;
care ordinance addressing the provision of child care services in the City;
incorporate into the ordinance one of the proposed alternatives; and,
I I ITEM EXPLANATION:
In the Fall of 1995, staff completed a draft child care ordinance for inclusion as a new and
section of the zoning ordinance. The intent of the draft ordinance was to clarify the ambig
document. While preparing the ordinance, staff requested City Council direction with reg;
current provisions of the Planned Industrial and Commercial-Manufacturing Zones which a
care in these areas with conditional use permits. Council determined that a three-phas
addressing health and safety risks, economic impacts and land use consequences of 1
child care facilities in industrial zones was necessary to make an informed decision.
disparate sections of the code relating to child care and to unify them as a clear, USE
Phases I and II of the Child Care Study examining these impacts have been comple
attached memorandum to the City Manager constitutes Phase Ill which was designated tc
the data from Phases I and II and to develop land use recommendations for the indus
section of the proposed child care ordinance. These recommendations were intended tc
mitigation measures necessary to reduce Impacts.
Staff has determined that locating child care facilities in the industrial zones will have h
safety risks as well as economic impacts which can be somewhat reduced, but nc
eliminated. Staff has addressed these issues in the attached memorandum and pro
Council with two policy alternatives for allowing child care in the industrial zones
Subsequent to Council direction, staff will proceed with a formal zone code amendment
the addition of a child care section to the zoning ordinance. The proposed amenc
incorporate the alternative selected by Council into the industrial section of the ordinance
effect, a Resolution of Intention is also attached to formally indicate the City's intent to pre
an ordinance.
ENVIRONMENTAL IMPACTS:
This analysis is considered exempt from CEQA review per Section 15306 because it quz
study to gather information leading to an action not yet approved, adopted, or fun(
environmental review will be conducted upon the child care ordinance prior to public hearir
PAGE 2 OF AGENDA B ILL NO. /f, [I I 8; 0
FISCAL IMPACT:
There are no new fiscal impacts associated with this action. The fiscal impacts for the C
Study totaled $45,415 and were previously allocated from Council contingency funds in
1996.
EXHIBITS:
1. Resolution of Intention No. 9 'I - l?$?
2. Memo to the City Manager from the Community Development Director, dated Dece
3. Child Care Land Use Summary
1996 "7
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CITY COUNCIL RESOLUTION OF INTENTION NO. 9 7 - 28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION
TO CONSIDER A ZONE CODE AMENDMENT TO PREPARE
A CHILD CARE ORDINANCE
NOW THEREFORE BE IT RESOLVED by the City, Council of thc
Carlsbad, California that: !
Pursuant to Section 21.52.020 of the Carlsbad Municipal Code the Cit:
of the City of Carlsbad hereby declares its intention to consider an amendment of Title
Carlsbad Municipal Code to:
Prepare a child care ordinance addressing locations for child care
centers as well as development standards for such facilities.
The Planning Director is directed to study said amendment and after z
study set the matter for public hearing before the Planning Commission and this City Cc
PASSED, APPROVED AND ADOPTED at a regular meeting of the Ci
of the City of Carlsbad, California, on the 21st day of January , 19s
following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin ar
NOES: None
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
a 0 EXHIBIT 2
December 20, 1996
TO ; ITY MANAGER
FROM: ommunity Development Director
CHILD CARE IN THE INDUSTRIAL ZONES
The Planning Department has been developing a Child Care Ordinance intended to address tF
provision of child care services in all areas of the City. Some of the issues of concern identific
by Staff during this process related to the potential safety, economic, and land use concerns
locating child care facilities in industrial areas. Staff has now completed the three-phased stuc
examining these issues. This memo reviews the results of the first two phases of the study
safety and economic concerns, and, as the third phase, presents potential child care optior
for Council consideration.
Backqround
Phase I
The Phase I segment of the Child Care Study concluded that child care facilities in industri
zones can pose a significant health risk to children in the event of an accidental release
acutely hazardous materials (AHMs). However, the study indicated some of the risk could t:
mitigated and the uncertainty of the development review process could be reduced if a 1,OO
foot buffer were established around proposed child care facilities. In addition, the use of acute
hazardous materials above the threshold planning quantities (TPQs) within this buffer arc
would be prohibited. The study did not consider safe rooms or shelter-in-place structures i
appropriate safety measure because constantly changing technology could rapidly make
shelter obsolete and inadequate. Staff concurs with the study’s recommendation that a 100
foot buffer could reduce health risks to children to a reasonable level. Utilizing a safety buff
would:
+ Reduce the likely concentration of an accidental release plume;
+ Allow greater time to implement an evacuation, if required;
Avoid costly risk assessment studies for nearby businesses;
Reduce some of the uncertainty as to whether a child care conditional use pern
would be approved or whether a new acutely hazardous material use would I
permitted; and,
+ Create a balance between providing child care near employees’ places of work a1
maintaining the integrity of the industrial zones.
Despite the fact that health and safety risks can be reduced to a reasonable level, staff al
concurs with the study that there will always be some level of risk associated with allowing ch
care facilities in the City’s industrial zones.
Phase II
Phase II examined the economic impacts of implementing the Phase I recommendation
allow child care in the industrial zones with a 1000-foot buffer. Phase II concluded that the
Child Care In the lndustrl a, Zones 0
December 20, 1996
Paqe 2
would be economic impacts to surrounding businesses should a child care facility locate in 2
industrial park. These impacts would be reduced with the imposition of a 1000-foot buffe
however, economic impacts would still remain. These impacts include:
5 to 10% possible increase in insurance costs even with a buffer; and
4 Decrease in obtainable rents and land values within buffer resulting from: - Restriction on uses, - Restriction of expansion capabilities, and - Limitation on types of businesses that could be attracted or retained.
A substantial majority of industrial users surveyed during Phase II still supported child care in
the industrial zones.
Phase 111
Phase Ill was designated to analyze the data from Phases I and II and to make land us
recommendations for the industrial zone section of the proposed child care ordinance. Thes
recommendations were intended to address mitigation measures necessary to reduce impacts
As discussed above, there would be both health and safety impacts as well as economil
impacts which would occur by permittinq child care facilities in industrial zones. It is importan
to note that while these impacts can be reduced, they cannot be eliminated.
In reviewing land use issues, staff bases their analyses on the zoning principle that the use c
land should be regulated in such a way that the health, welfare, and safety of the communit
are promoted and strengthened. This generally involves land use decisions that endeavor tl
achieve a rational balance between land uses while creating as compatible an environment a:
possible. It is also important that the land use decision be consistent with community goals
Community goals are the crux of the matter with regard to child care in Carlsbad’s industris
parks. Child care is a policy decision on community goals rather than a land use decision.
The policy decision is to determine whether or not child care in the industrial zones is
important enough to offset: a) the possible health and safety risks; b) the economic
impacts for industrial property owners; or c) the ability of the City to attract a full range of
business including those using acutely hazardous materials?
There is no clear direction for policy makers to take in making this decision. Communities have
addressed the issue in many different ways. Staff surveyed 17 local jurisdictions and 14 othe
California cities. The results of the survey are as follows:
Jurisdiction N/A* Not Permitted Permitted Child Care Number of
Jurisdictions
with CUP Surveyed
by Right or
Local 4 4 9 17 I I I I Other 2 12 14
California
Total 4 21 6 31 1 I I I I * These jurisdictions do not have industrial land uses.
Child Care In the lndustrla I$ Zones 0
December 20, 1996
Paqe 3
Of the 31 jurisdictions surveyed, 21 allow child care facilities in industrial zones either by right 1
by conditional use permit. Of these 21 jurisdictions, only two have special developme
standards addressing child care. These include the cities of San Diego and Mountain Vie\
both of which utilize the 1,000-foot buffer requirement.
The 1000-foot buffer derived from a State requirement which prohibits schools from locatir
within 1000 feet of a site using acutely hazardous materials. San Diego was interested
encouraging child care as much as possible and apparently used the State requireme
believing it was safe and also applicable to child care centers. Mountain View used the san,
rationale which also was accepted by local manufacturing groups as a compromise positiol
This restriction reduced economic impacts for the manufacturers while it allowed the provisic
of child care to serve employee needs in industrial areas. San Diego has been using th
restriction since 1990 with only one child care application (requested and approved) within tl-
1,000-foot buffer area in its industrial zones. Neither city has yet encountered problems wii
adjacent industrial property owners.
Possible Methods to Reduce Health and Safetv Risks and Economic ImPacts
In making a land use decision it is sometimes possible to modify an impact or circumstance
one area to create an acceptable circumstance in another area - in other words, a “tradeofl
One of the potential tradeoffs that could be considered by decision makers is to reduce the levl
of impacts. Potentially, there are four ways to reduce impacts and make child care mol
compatible with industrial land uses. These are not all viable solutions however.
1. The 1,000-foot buffer can be considered one method, and as noted, one apparent1
used successfully by two cities.
2. Reducing the buffer distance and, thereby reducing restricted areas, does not appez
safe since this provision would not meet the minimum distance established by the Stat
for active, school-age children.
3. Safe rooms or shelter-in-place are not recommended as a sole alternative becaus
rapidly changing technology could quickly make such structures obsolete. Safe room
or shelter-in-place should only be considered as an additional condition and not as a
alternative to the 1000-foot buffer.
4. The remaining option could include the requirement to provide the 1000-foot buffer Q
site, thus causing impacts only to the company providing the child care facilities. Thi
does not appear viable since few, if any sites, in Carlsbad could comply with such
requirement.
Prooosed Alternatives
As can be seen from this discussion, there is no clear direction to the issue of the child care i
industrial areas. This lack of clarity again returns the issue to community values and goal5
What is the more important community goal for Carlsbad’s community and its business park5
a) Child care to serve employees; b) Elimination of all potential health and safety risks; c
Economic security for industrial property owners; or d) The ability of the City to attract a fu
range of businesses including those using acutely hazardous materials? Staff has provide’
Council with two alternatives for consideration. Both alternatives permit child care in industri:
Child Care In the Industria 3 Zones 0
December 20,1996
Paqe 4
zones. Both have associated problems. Neither one eliminates all the health and safety risl
nor the economic impacts to surrounding property owners or the City.
-
j$
a
is
Permit with Zone Change, CUP
1000-foot buffer and no AHMs over the
TPQs now or in the future
impact area plus 600 ft. per City
reauirements)
0 Property owner notification (1000 ft. of
If child care center leaves, then there is still
a zone restriction over the property unless i
zone change is processed.
Potential enforcement difficulty Immediate abatement of violations possible,
Once the child care facility is approved,
the center cannot be easily removed if
the City chooses to support the use of
AHMs above the TPQs in the near
vicinity
AHM: Acutely Hazardous Materials
TPQ: Threshold Planning Quantities
.."
once violation is known
*
**
If Council selects one of these alternatives, staff will prepare a zone code amendment for th
child care ordinance incorporating the selected alternative addressing child care in the industriz
zones.
Child Care Fee
In addition to the proposed child care ordinance, staff is also requesting direction to review th
encourage the construction of more child care centers, staff would like to analyze possibl,
reductions in the fee.
$2500 fee that is presently being charged for conditional use permits for child care centers. T
MARTY ORENYAK
0 0 EXH'B'T 3
CHILD CARE LAND USE SUMMARY
Carlsbad None Yes No Yes
Chula Vista None No No No
Coronado None NIA N/A NIA
Del Mar
None Yes No Yes El Cajon
NIA NIA NIA NIA
Encinitas None Yes (Admin Permit) NO Yes
Escondido
None Yes No Yes Oceanside
None No NO No National City
NIA No No No Lemon Grove
NIA No No No La Mesa
NIA NIA NIA NIA Imperial Beach
None Yes No Yes
Poway Yes As a permitted CUP for off-site None
accessory use to
serve on-site
employees
San Diego
None Yes - Minor No Yes San Marcos
1000' buffer Yes No Yes
I I I I Santee None Yes No Yes
Solana Beach
None Yes No Yes Vista
None NIA N/A N/A
I I I I I OTHER CALIFORNIA JURISDICTIONS
Brea
None Yes No Yes Antioch
None Yes No Yes
-
Brea
None Yes No Yes Antioch
None Yes No Yes
-
Child Care Land Use Summary
Page 1 of 2
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Child Care Land Use Summary
Page 2 of 2
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January 16, 1997
Mayor Claude Lewis
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Dear Mayor Lewis:
The purpose ofthis letter is to inform you and City Council that the Regulations regarding single
family residential usage as it pertains to conducting a day care business is being abused in our cu
sac.
We would like to request an amendment to Regulation 124 Title 21 (Rl) single family residentie
Chapter 21.10.010 (11 &12). We would lie to amend the 1200 foot minimum distance betwt
two family day care businesses to the following :
REGARDLESS OF DAY CARE FAMILY SIZE, NO DAY CARE BUSINESS CAN BE
CONDUCTED IN A CUL DE SAC (due to limited parking & access)& FOR HOMES NOT
A CUL DE SAC, "UM SPACING BETWEEN TWO DAY CARE BUSINESSES SHAI
BE A 20-HOME RADIUS.
We currently have two active Day Care Businesses (averaging 4 to 8 children each) next door to
We believe the 1730 Rogue Isle Ct. house has no permanent residents and is solely used to condu
Day Care business. The 1732 house recently started business bringing in more children and tr&l
our SWL cul de sac. We formally reported the matter to Gene Kellogg (Codes Enforcement)
Adrienne Landers (Senior City Planner) resulting in the above Regulation amendment change req,
Our quality of life has diminished due to the increased NOISE, PARKING PROBLEMS and
OVER CONCENTRATIdN of this type of business on our cul de sac. We would like a new
amendment as soon as possible. Please respond to our request at your earliest convenience.
Sincerely,
A >*/+*
id & Kathleen Menei, Jr.
1734 Rogue Isle Court
Carlsbad, CA 92008
cc: Ramona Finnila, Matt Hall, Anne Kulchin, Julie Nygaard, Gene Kellogg, Adrienne Landers
e 0
GUE OF WOMEN VOTERS OF NORTH COAST SAN DIEGO COUN
January 2 1,1997
Mayor Lewis, & Councilmembers City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008
Dear Mayor & Councilmembers:
The League of Women Voters of the North Coast San Diego County has a position on child care that in brief states: Support state and local policies, legislation and programs which meet the need for accessible, affordable and quality child care.
Therefore, we support the conditional use permit with a 1,000 foot buffer zone for child care in the Industrial Park area of Carlsbad. Quality child care responsive to diverse
an ability to pay basis.
needs of children and their families should be available to all socio-economic groups on zY7&J
&Yr~ ./
'e Rosema tep ns President
P.O. Box 727, Cardiff-by-the-Sea, California, 92007
5 0 e -69 GOLF Uk .,~r” DONALD H. DYE
CALLAWAY GOLF COMPAT
.- I President €3 Chief Exemtive O@c(
AQWdl2 ITW J January 21,1997 C‘ &f /y)
.. *(i-i&
Mayor Lewis C-(Yq
and Councilmembers AL 38 %, E qFpq!p LUk R&:
Ladies and Gentlemen:
On behalf of Callaway Golf Company, its employees and their children, I would
like to thank you for the time, effort and attention given to the issue of the employer
sponsored childcare.
I As you know, the core of Callaway Golfs philosophy is to make products that are
demonstrably superior to those of our competitors. I believe that if cities were products,
the City of Carlsbad would clearly fall within the category of “demonstrably superior.” I
believe that the allowance of employer sponsored childcare .under the circumstances
envisioned by Callaway Golf will only work to further the goals that its leaders have set
forth for the City of Carlsbad. As evidenced by the selection of the City of Carlsbad by
Lego, the city supports a unique combination of family and business values. Employer
sponsored childcare clearly falls within that combination. Admittedly, the issue presents
several questions that need answers. I think those questions have been answered and that
the answers flow from the fact that Callaway Golf has as great an interest in the welfare
of its employees’ children as does the City of Carlsbad. Callaway Golfs childcare center
the community.
will be of the highest quality, safe and healthy. You will be proud to have this facility in
It is my opinion that permitting employer sponsored chiidcare under a conditional
use permit allows a case-by-case evaluation that can be carefully controlled. The CUP
can be tailored to include provisions which protect surrounding property owners and
avoid the imposition of additional restrictions on surrounding businesses, while at the
same time providing quality childcare for the employees of those employers who want to
seek the permit.
I 2285 Rutherford Road Carlsbad, CL\ 92008-8815 Telephone: (619) 931-1771 FAX: (619) 929-8120 L
SmDmn: CWWW Cow Sm Cmmw * C.u~uu. GOIJ EU COWAM‘ * C.U\VAY GOLF‘ UK) L. * C,U%WAY Cow ~CFRMANY) GubH * Cow TRADING GMLH
DnwoS: CXLL~WY GOLF I~~~TKXAL
a 0
.. .
Mayor Lewis
Page 2
January 21,1997 ..
During the year this matter has been considered, as a result of the study
commissioned by the City Council and our own studies, it has become clear to me that all
the initial concerns about safety and economic impact surrounding childcare have been
addressed and that reasonable solutions have been found. When one looks at the way in
which a properly managed employer sponsored childcare facility can actually provide a
safer and healthier environment for children than currently available alternatives, any
sincere hope that the council will bring this matter to a positive conclusion this evening
by approving the allowance of employer sponsored childcare pursuant to the conditional
use permit process.
- remaining potential risks are far outweighed by the advantages. In thing, it is my
I regret that I cannot be here tonight in person and have to resort to this written
appearance, however, I am in Orlando, Florida on the eve of the largest golf product show
of the year. Please do.not interpret my absence as any lack of interest in the subject
before you.
Sincerely,
Donald H. Dye
-. .
.~
&P* GOLF uab
a 0 --
Speakers in Support of Chldcare
January 21,1997 ..
Name
. ..
Representing Point made
Jan Sobel Carlsbad Chamber of Commerce wants to see ind. area childcare adable
on a community basis
NancyBmks Bright Horizons
or Jennifer Vena
Laura Peterson . - Bright Horizons
BH operates >125 centers exclusively for
corporations has never had a serious health
and safety issue
value to company and ‘ee in providing on or
near site chiidcare
Lucy Stevens League of Women Voters
Tracy Carmicbaei Carlsbad Unified School District Need for early childhood development
for transitioning into school
Sloan Wilhelm No Fear they‘d like to have community
Human Resource Manager childcare
Paula Atlrins Immune Response Corporation . childcare is very important to them VP Adrmnistration
Michelle Boehme Electro Surface Technologes
Connie Garrett
Peter Bullock
Paul Van Veen
Deb Fmn
Jay Howard
Ron Rouse
Nellcor Puritan Bennett
Director Human Resource
formerly F&K Delvotec
State Childcare Ombudsman
City of San Diego
Childcare Coordinator
Carlsbad Educational
Foundation - Ex. Dir.
Luce Forward
bought co. in Eastlake, have parents w/ 50
mi. commute. Want childcare near site
Enrty level kinds of ‘ees Carlsbad look
for need daytime care near work
need and importance of childcare
Ordinance has worked well in
industrial areas of San Diego, and allowing
under CUP, case by case basis works well
supports afterschool programs and
Other initiatives for children
there are ways to make childcare
-
Carol Kerley
..
Richard Merk for
Donald H. Dye
-. .
-
0 0
Callaway Golf
..
available without imposing restrictions and
impacts, time to move on from the study.
c;hildcare is an irapmt pan of worlang
famiiies in today’s worid, urgent necessity
great benefit for employees, important that
cities find ways to make it w* wave of --
the future.
Callaway Golf
Callaway enjoys Carslbad, Callaway’s
center would be of €he highest quality, CUP
would work weil. Rewards outweigh the
very small risks, mostly mitigated.
-
0 0'. b4-y GL' .y
C iL'
" H3enn 0- -It e <r -[ f" (-) p
!I, ,L* &LJ .*-A+
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CJ"fJ&LI7jY -.e CHILD CARE AT '-$YO
Jmuary 20, 1997
Mayor Bud Lewis Carlsbad City Council
1200 Carlsbad Village Drive
Carlsbad. CA 92008
Dear Mayor Lewis:
I am writing to strongly support the efforts of Callaway Golf to create a work-site child care center in Carlsbac
We operate work-site child care centers around the country for clients such as Motorola, IBM, Appl
Computer, OuPont, Glaxo Wellcome. Pker, Merck, Salomon Brothers, Mattel, and over 100 others.
We have been involved in a number of city processes tu review work-site child care proposals:
Our first center in downtown Boston with the Prudential was approved by the Boston Redevelopma
Authority in order to encourage development in the area around the Prudential Tower
b In Groton, Connecticut, we worked with the cify to develop a program that serves the manufacturing an production facility of one of the largest chemical and pharmaceutical companies in the nation.
In Charlotte, North Carolina, we worked wifh the city to permit a child care center on the third floor of
large high rise commercial offie building using the playground as outdoor refuge in the event of fire f
other evacuation.
In El Segundo, California, we worked with the city to permit a child care center in the industrial are where Mattel Toys is headquartered.
I mention these examples DecaUSe in all cases, Wb located chlld care in industrial areas that incluc rtX3nUfaCtUring, warehousing, and research. The logic of the public authorities was that child care would k a Catalyst for further development glven that 60% of women with children under six years of age are now the workplace.
I hope YOU will work with Callaway Golf to create the same options for the working mothers and fathers Carlsbad.
Sincerely,
%&-! Roser H. Brown
Chkf Executive Officer
RHB:ps
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