REPORT TO COUNCIL
SUBJECT
Title
Introduce an Ordinance to Amend Various Sections of the Sunnyvale Municipal Code Title 19 (Zoning) Related to Child Care Facilities (CDD 15-11); Approve Guidelines for Commercial Child Care; and Finding of CEQA Exemption Pursuant to CEQA Guideline 15061(b)(3). (Planning File: 2015-7149) (Continued from August 25, 2015)
Report
REPORT IN BRIEF
The purpose of this study is to provide guidance to interested parties, staff and decision-makers about appropriate locations for commercial child care centers in Sunnyvale (Study Issue CDD 15-11, Attachment 1). In addition to preparing guidelines for appropriate locations for child care centers, expansion of industrial locations for child care centers is also evaluated. This report does not address family child care homes which are subject to separate State and local rules and are only allowed in the care giver’s own home.
The guidelines for appropriate siting of child care centers address location considerations, parking and traffic issues, state regulations, safety concerns and compatibility with adjacent areas (Attachment 2).
The attached zoning code amendments (Attachment 3) revise the zoning code requirements for business-sponsored child care facilities in industrial areas of the city. Staff considered revising the code to allow commercial child care centers with a Use Permit in the Industrial and Service with the Place of Assembly combining district (M-S/POA), but due to concerns about use of hazardous materials in those areas, that option is not included in the draft ordinance.
The Zoning Code defines two types of child care centers: commercial child care and business-sponsored child care. Child care centers are currently allowed in Residential, Commercial, Office and Public Facilities Zoning Districts subject to the approval of a Use Permit. Child care in industrial zoning districts is limited to business-sponsored child care for which a company provides the facility on-site and for the exclusive benefit of its employees only.
Staff recommends Alternative 2 to amend the Zoning Code to:
• Consolidate business sponsored child care facilities into one category and remove the upper limit on the number of children allowed at these child care facilities.
• Require a Use Permit (UP) for business-sponsored child care facilities in Industrial zoning districts and a Special Development Permit (SDP) in the Moffett Park Specific Plan area.
• Require a Miscellaneous Plan Permit (MPP) for commercial child care facilities with 30 children or fewer in commercial, office and public facilities zoning districts (excludes residential districts).
Additionally, staff recommends Alternative 3 to approve the Guidelines for Commercial Child Care Centers in Sunnyvale (Attachment 2).
On August 24, 2015, the Planning Commission considered the item and voted unanimously to support the staff recommendations.
BACKGROUND
The City has taken a number of steps to encourage and promote the development of child care facilities in Sunnyvale. The City has a Youth and Family Resources Office that is dedicated to ensuring a high quality of life for youth and families as well as providing resources and services to child care providers. The City has also revised zoning regulations to facilitate development of child care centers, reduced fees for use permits for family child care homes requiring a public hearing, conducted studies on siting child care in various zoning districts, and provided loans to the Sunnyvale School District to purchase modular buildings to provide child care services and conduct pre-school programs.
In 2011, the Community Development Department initiated a study to address the issue of providing clear guidance to child care center providers, real estate brokers and other interested parties seeking information on appropriate locations for commercial child care centers in the City. This was in direct response to inquiries regarding placing child care centers at various locations throughout the City, many of which were considered by staff less than ideal for such use. Initial research was conducted by staff, but due to workload demands, completion of the study was deferred.
Prior to 1993, child care centers were approved in industrial areas as “other use compatible with the zoning district.” In 1993 child care centers were specifically prohibited in Industrial Zoning Districts in response to businesses’ concerns with the proximity of children to industrial operations involving hazardous materials. Allowing child care centers in industrially-zoned areas of the City was last reviewed in 1997-99. In December 1997, Council approved a work plan on appropriate siting of child care centers in Sunnyvale with a focus on industrial zoning districts (RTC 98-400). The purpose of that study was to find areas in employment intensive industrial districts in the City that are sufficiently distanced from hazardous and toxic materials. This study resulted in a follow up Report to Council (RTC 99-122, March 1999), and resulting Council action that led to prohibiting child care centers in industrial zoning districts, with the exception of allowing business-sponsored child care centers (up to a maximum of 30 children) subject to the approval of discretionary planning permits and distance and use restrictions related to hazardous materials. In more recent years, staff has received inquiries from businesses in industrial areas about locating child care centers in proximity to their business operations.
Existing Conditions Study
The City of Sunnyvale currently has 52 commercial child care centers with a total capacity of approximately 8,200 children (Attachment 4). These are non-residential programs licensed by the State Community Care Licensing Division. Most of these centers are located at religious facilities and public or private school locations, with a few located in low and medium density residential zoning districts. It is evident from the map of existing centers (Attachment 5) that there is a higher concentration of child care centers in the area south of El Camino Real. There are fewer child care centers north of El Camino Real, and these are primarily located within the Public Facilities (PF) Zoning District. The industrially zoned properties north of El Camino Real do not allow independent child care centers. There is one legal nonconforming child care center in the industrial area on Arques Avenue that was approved prior to adoption of the code prohibiting the use in that zoning district.
Other Cities
Research on child care regulations in different cities in Santa Clara County show that two other jurisdictions allow child care uses within areas zoned for industrial use. The City of Mountain View allows a child care center in its Administrative, Research and Limited Industrial (ML) and General Industrial (MM) Zoning Districts, subject to the approval of a conditional use permit. In both districts, a child care center is restricted to those owned and operated on a company’s site and intended to serve only the company’s children, and required to be located no less than 1,000 feet from adjacent properties zoned for industrial use. This regulation is similar to Sunnyvale’s current zoning regulations for business-sponsored child care centers in the industrial zoning districts (including Moffett Park).
The City of San Jose allows child care in four of its five industrial zoning districts. A conditional use permit is required for any child care use in these districts: Combined Industrial/Commercial (CIC), Transit Employment Center (TEC), Industrial Park (IP) and Light Industrial (LI), the latter two ONLY if the project location is designated in the General Plan as “combined industrial/commercial.” Child care is not allowed in the Heavy Industrial (HI) Zoning District. San Jose’s regulations on child care in industrial areas are a little less restrictive in the areas designated for lighter industrial and service uses.
The City Council is scheduled to consider this item on September 15, 2015.
EXISTING POLICY
General Plan:
From Land Use and Transportation (LT):
Policy LT-2.1 Recognize that the City is composed of residential, industrial and commercial neighborhoods, each with its own individual character; and allow change consistent with reinforcing positive neighborhood values.
Policy LT-4.2 Require new development to be compatible with the neighborhood, adjacent land uses and the transportation system.
Policy LT-4.3 Support a full spectrum of conveniently located commercial, public and quasi-public uses that add to the positive image of the city.
Policy LT-4.7 Support the location of convenient retail and commercial services (e.g., restaurants and hotels) in industrial areas to support businesses, their customers and their employees.
Policy LT-4.9 Allow industrial, residential, commercial and office uses in the Industrial to Residential (ITR) futures sites.
Policy LT-4.14 Support the provision of a full spectrum of public and quasi-public services (e.g., parks, day care, group living, recreation centers, religious institutions) that are appropriately located in residential, commercial and industrial neighborhoods and ensure that they have beneficial effects on the surrounding area.
From Community Character (CC):
Policy CC-11.1 Give priority to the following services, facilities and amenities that:
• Are not readily available through other providers within or near Sunnyvale.
• Benefit under-served populations as identified in the U.S. Census and through community input.
• Fulfill a basic need or teach basic skills.
• In which the community demonstrates interest.
• Benefit a greater number of residents.
• Can be used by multiple users or serve multiple purposes.
COUNCIL POLICY: 5.0-Long-term Advocacy Positions - Socio-Economic
5.4.(1): Support childcare related legislation that establishes quality child care programs by appropriate regulations to protect health and safety, but minimizes regulatory obstacles, and advocates for and supports measures to encourage and involve industry in providing child care and/or child care benefits to their employees.
5.4(2): Support the establishment of quality standards for childcare providers and programs.
COUNCIL POLICY: 5.1.1-Socio-Economic
5.1H.1: Support efforts to increase the availability, quality and affordability of childcare in North Santa Clara County.
5.1J: Encourage and support a network of human services that provides for the basic needs of Sunnyvale’s residents.
COUNCIL POLICY: 5.1.2-Child Care
This policy establishes the City’s role in child care, providing staff with direction about which child care opportunities to pursue, including supporting the development of additional child care centers in Sunnyvale and actively reviewing the feasibility of establishing child care centers in the industrial areas of the City.
Precise Plan for El Camino Real
Policy 3.2.2 Maintain and enhance the retail sales tax revenue generated for the City.
ENVIRONMENTAL REVIEW
Although the proposed modifications to the ordinance are considered a project under the California Environmental Quality Act (CEQA), staff has concluded that adopting the proposed ordinance is exempt from CEQA under Guideline 15061(b)(3) because it can be seen with certainty that it will not have a significant effect on the environment.
Projects that are subject to the requirements of the amended chapters will be environmentally evaluated on an individual basis.
DISCUSSION
Siting of Child Care Centers and Guidelines
Staff has received many inquiries about locating commercial child care in the City, especially in retail commercial areas of the City. In general, staff has discouraged larger child care operations from considering sites along El Camino Real because of the presence of high traffic volumes, concern about the compatibility with surrounding uses, and to preserve shopping centers for more traditional retail uses. Concerns with allowing commercial child care operations in residential areas include possible increase in traffic or noise. The challenge is finding appropriate locations within the City for this use.
This study focuses on analyzing potential areas for commercial child care centers, identifying constraints and developing guidelines that would help the public in gaining a clear understanding of the key criteria used in determining appropriate locations for such facilities throughout the City.
Three sets of guidelines for siting child care centers are proposed for Residential, Commercial and Industrial Zoning Districts (see Attachment 2). These guidelines specify the key issues that should be taken into consideration in the selection of appropriate sites and addresses site and location considerations, noise impacts and compatibility with adjoining uses. The guidelines will be available for potential child care operators, staff and decision-makers in reviewing potential child care centers.
General Requirements
The Guidelines include several items to be considered for child care centers in any location. These include parking, circulation, pick-up and drop-off, site design and outdoor activity space. There are also environmental and operational criteria related to noise levels and air quality.
Location Guidelines for Residential Zoning Districts
Key challenges in residential neighborhoods include traffic flow, limited parking availability, outdoor activity space, neighborhood compatibility, and potential noise impacts on neighbors. There are few residential sites in the City that are large enough to allow for large outdoor activity areas, 75 square feet per child as required by the State (see Attachment 6) and pick-up/drop-off locations without affecting traffic flow in the neighborhood. The guidelines identify criteria to be met such as location in an area of a residential neighborhood that would minimize the impact on the area. For example, an appropriate site may need to be larger than standard residential lots (9,000 square feet or larger) and located at the corner of street intersections facing busy thoroughfares, including arterials and residential collector streets; there are a few residentially zoned child care centers in Sunnyvale that meet these criteria.
Location Guidelines for Commercial Zoning Districts
The location guidelines for commercial properties include general guidelines applicable to all commercial properties as well as specific guidelines that apply to commercial properties located along El Camino Real and elsewhere in the City. The required outdoor activity area could create limitations on appropriate siting of the uses, especially in commercial areas such as shopping centers where space is devoted to storage, deliveries and parking. The State minimum of 75 square feet of outdoor activity space per child would mean 3,750 square feet of outdoor area for 50 children.
El Camino Real corridor: The majority of properties along El Camino Real are zoned C-2/ECR (Highway Business/Precise Plan for El Camino Real). Given the character of land uses along El Camino Real in Sunnyvale and the fact that it is the primary retail and mixed-use corridor of the City, staff has concerns with allowing child care centers along the corridor. Conflicts with other on-site operations for shopping centers and the presence of incompatible uses pose issues for allowing businesses devoted to the care of children. Appropriate sites for child care centers could be stand-alone properties outside Precise Plan nodes with outdoor activity space and sufficient parking. One child care center has been approved on El Camino Real. The concept of locating child care centers on El Camino Real can be further evaluated during the update to the Precise Plan.
Commercially zoned properties other than those along El Camino Real: Properties with C-1 zoning (Neighborhood Commercial) are interspersed throughout the residentially zoned areas in the City and are typically located at the crossroads of major streets enclosing a neighborhood. Typically, C-1 sites are comprised of older, single-story, strip centers with the building located at a significant setback from the street and parking in front of the building. Given the neighborhood context of these sites, some C-1 properties may be more conducive to child care facility type uses, provided these sites meet site safety, outdoor space, parking, and circulation requirements. Noise, parking, circulation and availability of outdoor activity space would have to be assessed on a case by case basis.
Potential Zoning Code Amendments
In addition to considering guidelines for the appropriate locations of child care centers, it is prudent to include a review of whether to expand the zoning districts and locations in which they can be located. Except for business sponsored child care centers, commercial child care facilities have been prohibited in industrial locations since 1993 due to safety concerns. When looking at the map of child care centers in the city, however, it can be seen that there are only a few near the employment centers of the city. There are limited residential and commercial areas in the northern part of the city, and not many options for new child care facilities.
In reviewing the options for addressing this issue, two main options are possible. One is to make it easier for businesses to add child care centers as part of their campus or building. The other is to open parts of the industrially-zoned areas to potential commercial child care centers. These considerations need to be balanced with health and safety considerations. The following sections review these options:
Business Sponsored Child Care Centers
An additional option to consider is removing the limitations on the allowed number of children for business-sponsored child care. No large or small business sponsored facilities have been permitted in Sunnyvale; however staff has been approached by businesses interested in having larger centers in closer proximity to their sites. The nature of some businesses’ industrial activities has changed which may allow revision of some of the current restrictions. Removal of the limitation on the number of children allowed for business-sponsored child care located within the industrial and Moffett Park Districts may open up the opportunity for companies to offer such a facility on-site for the benefit of their employees. The current maximums of 14 and 30 children for small and large business-sponsored, respectively, appear relatively low in comparison to the actual number of people employed by larger companies in the Moffett Park area. Removing the distinction between “small” and “large” business-sponsored child care, maintaining a single definition of such a facility, removing the cap on number of children and having one process (Use Permit) reduces confusion, streamlines the regulations and may allow a greater number of employees to benefit from such a service. The size of these facilities would be reviewed on a case-by-case basis with a discretionary land use permit (Use Permit or Special Development Permit, depending on the location).
The current regulations for business-sponsored child care require a minimum separation of 1000 feet between the child care facility and hazardous materials. The current regulations also require use restrictions on the subject (and nearby properties if within 1000 feet). Removing the location restrictions placed on business-sponsored child care would potentially open up the opportunity to address these concerns on a case-by-case basis as part of the review process. Furthermore, the current location requirement, although necessary to protect the needs of children under 18, severely limits the ability of businesses located in the industrial district to provide on-site child care for their employees’ children. Incorporating restrictions for business-sponsored child care centers, including the requirement for a safety plan and acknowledgment in writing of locating within and adjacent to industrial areas in Chapter 19.98 (General Procedures) would allow for a more streamlined and consistent review of commercial child care in the industrial area.
Expanding Potential Areas to Industrial-Zoned Properties
Existing restrictions on child care in the industrial zoning districts limit opportunities for locating child care in north Sunnyvale, an area where a majority of the City’s workforce is located. In reviewing the option, staff looked at finding limited industrial locations with minimized risk of being close to hazardous materials and processes. Staff considered the option of allowing child care centers in the Place of Assembly (POA) areas, since it allows other uses with sensitive populations, such as community centers, places of worship, and recreation and enrichment (educational) uses.
Adopted in 2006, the M-S/POA Districts are located along the outer edges of five industrial neighborhoods (see Attachment 7). The POA locations were initially chosen because those areas may relate to non-industrial uses in addition to the industrial uses. Because the M-S/POA District has already been identified as potentially appropriate for uses other than general industrial and service, allowing commercial child care as a potentially permitted use falls within the overall principles of the POA combining district.
The primary concerns with the POA option is the proximity of children near businesses that use and store hazardous materials on their property. These areas are still zoned industrial, as are most of the adjacent properties. Children may be present in an approved POA use for limited time (e.g. two to three hours a week); whereas children will typically stay at child care 40 plus hours a week. At business-sponsored child care facilities, the parents should be more fully aware of any potential risk to their children and would be available on site to quickly respond to possible emergencies. Because of concerns about possible hazardous materials uses on nearby properties, staff is not recommending allowing commercial child care facilities in the POA combining district.
Recommended Approvals for Commercial Child Care Centers
• Residential Districts: No change proposed. A Use Permit is required.
• Commercial Districts: Allow child care centers with up to 30 children with an MPP (instead of a Use Permit), and continue to require a Use Permit for 31 children or more.
Recommended Approval for Business-Sponsored Child Care Centers
• Industrial Districts: Require a discretionary permit (Use Permit or Special Development Permit depending on location) for all sizes of business sponsored (on-site) child cares and determine the maximum size with each permit.
FISCAL IMPACT
There are no fiscal impacts to the City for modifying requirements for commercial child care centers or approving location guidelines for the appropriate siting of such facilities.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City's official-notice bulletin board outside City Hall, at the Sunnyvale Senior Center, Community Center and Department of Public Safety; and by making the agenda and report available at the Sunnyvale Public Library, the Office of the City Clerk and on the City's website.
Public Outreach
A community outreach meeting was held on Thursday, May 14, 2015. Noticing was sent through the Youth and Family Resource Office to child care providers and patrons and through Economic Development to local businesses and business associations, including the Moffett Park Business Group. No comments were received during the outreach meeting. Some comments were received in response to the noticing of the outreach meeting from concerned members of the community. These comments revolved around concerns with overflow parking, traffic impediments caused by drop-off/ pick-up schedules and increases in noise and trash in surrounding areas (see Attachment 8).
This study issue was also included as a topic in the City’s Open City Hall website, where community members were prompted to complete a brief survey about commercial child care. Based on the responses received thus far, community members are open to the idea of allowing commercial child care centers in the industrial district, as long as safety and activity space requirements are met and traffic issues are addressed. Furthermore, some community members felt that the proposed options helped to provide more child care choices for people who live and/or work adjacent to industrial areas. Comments were made that child care centers are not appropriate in multi-family residential areas because of negative impacts on traffic, circulation and parking caused by such a use.
Planning Commission Action
The Planning Commission heard the item on August 24, 2015, and no member of the public spoke on the item. The Commission voted 7-0 to support the staff recommendation (see Attachment 9 for Planning Commission minutes).
ALTERNATIVES
1. Find that the project is exempt from CEQA under Guideline 15061(b)(3).
2. Introduce an ordinance (Attachment 3) to amend Chapters 19.12, 19.18, 19.20, 19.22, 19.24, 19.29 and 19.98 of Title 19 of the Sunnyvale Municipal Code to: consolidate business-sponsored child care facilities into one category and remove the upper limit on the number of children allowed at these child care facilities; require a Use Permit (UP) for business-sponsored child care facilities in industrial zoning districts and a Special Development Permit (SDP) in the Moffett Park Specific Plan area; and require a Miscellaneous Plan Permit (MPP) for commercial child care facilities with 30 children or fewer in commercial, office and public facilities zoning districts (excludes residential districts).
3. Approve the Guidelines for Commercial Child Care Centers (Attachment 2).
4. Introduce an ordinance with modifications to the staff recommendation.
5. Approve the Guidelines with modifications.
6. Do not introduce the ordinance or approve the Guidelines and make no changes at this time.
RECOMMENDATION
Recommendation
Alternatives 1, 2 and 3: 1) Find that the project is exempt from CEQA under Guideline 15061(b)(3); 2) Introduce an ordinance (Attachment 3) to amend Chapters 19.12, 19.18, 19.20, 19.22, 19.24, 19.29 and 19.98 of Title 19 of the Sunnyvale Municipal Code to consolidate business-sponsored child care facilities into one category and remove the upper limit on the number of children allowed at these child care facilities; require a Use Permit (UP) for business-sponsored child care facilities in industrial zoning districts and a Special Development Permit (SDP) in the Moffett Park Specific Plan area; and require a Miscellaneous Plan Permit (MPP) for commercial child care facilities with 30 children or fewer in commercial, office and public facilities zoning districts (excludes residential districts); and 3) Approve the Guidelines for Commercial Child Care Centers.
The guidelines for commercial child care will clarify the current ambiguities in locating appropriate sites for commercial child care in the City and will provide better direction in considering new locations. Removing the limits on the number of children allowed for business-sponsored child care will allow the opportunity for more child care centers to be located in an area where there may be a substantial need for such a use. In addition, because the business profile has evolved in the City’s industrial areas to reflect more office uses, easing restrictions will offer more opportunities for child care facilities to better serve Sunnyvale residents and employees.
Staff
Prepared by: Andrew Miner, Principal Planner
Reviewed by: Trudi Ryan, Planning Officer
Reviewed by: Hanson Hom, Director, Community Development
Reviewed by: Kent Steffens, Assistant City Manager
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Study Issue Paper
2. Draft Guidelines for Child Care Centers, August 2015
3. Draft Ordinance Amending Title 19
4. Table: FY 2013-14 Child Care Slots/Facility Type Summary
5. Map of Existing Child Care Centers
6. California Child Care Center Licensing Regulation Highlights
7. M-S/POA District Map
8. Public Comments
9. Planning Commission Minutes of August 24, 2015