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HomeMy WebLinkAboutMINUTES - 05232000 - C86 TO: BOARD OF SUPERVISORS �+` . Contra /& Costa FROM: INTERNAL OPERATIONS COMMITTEE County DATE: May 23, 2000 �✓ _ SUBJECT: STREAMLINE AND FACILITATE CHILDCARE ESTABLISHMENTS O` ..i,liu;ing SPECIFIC REQUESTS)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. ADOPT a statement of principles supporting childcare facilities and the pre-application process to assist childcare providers, and FORWARD it to City/County Relations Committee for consideration and adoption. 2. DIRECT the Community Development Department, Building Inspection Department and Public Works Department to identify the fees required to establish and/or expand childcare facilities, and to make this information available for childcare providers early in the process. 3. DIRECT the Community Development Department to develop an application package designed specifically for childcare applicants that includes neighborhood guidelines and a land use permit flow chart. 4. DIRECT the Community Development Department to place a priority on childcare land use permit applications. 5. DIRECT the County Building Inspector to pursue clearer guidelines in ADA legislation for childcare facilities. 6. DIRECT the Community Development Department to review the County's childcare ordinance to see if any changes or modifications are required to facilitate childcare centers. 7. AUTHORIZE the Community Development, Public Works, and Building Inspection Departments to jointly request Proposition 10 funds to defray the cost of application processing and implement the recommendations in this report. If Proposition 10 funds CONTINUED ON ATTACHMENT: X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): AYLAIL A MARK DeSAULNIER ACTION OF BOARD ON May 23 , 2000 APPROVE AS RECOMMENDED XX OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN XX UNANIMOUS{ABSENT #3 } AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: ATTESTED May 23 , 2000 CONTACT:Aruna Shat 925-335-1219 PHIL BATCHELOR,CLERK OF THE BOARD cc: Community Development Department-Dennis Barry OF SUPERVISORS AND COUNTY Building Inspection Department-Carlos Baltodano ADMINISTRATOR Public Works Department-Maurice Shiu Community Services Department-Tony Collin. County Administrator-Julie Enea • B DEPUTY CHILDCARE FACILITIES MAY 23, 2000 10 COMMITTEE RECOMMENDATIONS PAGE 2 cannot be obtained, AUTHORIZE that $10,000 of childcare mitigation fees collected by County be committed annually to defray the cost of processing childcare use permit applications to minimize the upfront costs incurred at the time of filing the application. 8. DIRECT the Community Development Department to develop a childcare land use zoning report listing the regulatory processes in the various cities and the County to help childcare agencies navigate their way through city and county zoning requirements, and to explore making this information available through the County's web page with links to the web pages of incorporated cities in the County. 9. REQUEST the Proposition 10 Commission to take the preceding recommendations to the City/County Relations Committee and, then, to the Mayors' Conference for consideration and adoption. FISCAL IMPACT The cost to implement the recommendations in this report will be approximately $30,000 - $40,000. In addition, $10,000 will be required annually to reduce the use permit application fee for childcare providers. Since this work effort is directly related to providing additional childcare facilities, we recommend that funds be requested from the Proposition 10 Commission. If it is not possible to obtain Proposition 10 funds,then childcare mitigation fees or other sources of funding could be utilized. BACKGROUND INFORMATION On December 7, 1999,the County Board of Supervisors authorized the Community Development Department, Public Works Department and Building Inspection Department,with the assistance of the Community Services Department to conduct a joint staff study to identify opportunities within each Departments' purview that would assist in improving the availability of childcare in the County. The Board authorized this study in response to concerns expressed by providers regarding the uncertainty of the regulatory process in establishing new facilities and/or expanding existing facilities. IDENTIFIED ISSUES Community Development, Public Works, Building Inspection and Community Services Department staff met several times in the last four months to identify opportunities to facilitate the establishment and/or expansion of childcare facilities. Currently, an imbalance exists between the location of facilities and the areas of greatest childcare need. Childcare programs and facilities must be able to accommodate the variety of ages and interests of children throughout the County. In order to identify issues and concerns related to the establishment or expansion of childcare facilities, a public workshop/roundtable was held by County staff on January 26, 2000. The major issues identified by workshop attendees are as follows: (a) The need for recognition by cities and counties of the need for childcare facilities. (b) County pre-application process is helpful; this process should be available in cities. (c) Need advance notice of building permit, traffic and drainage fees. (d) Need predictable timeline for permitting. (e) ADA requirements that seem to be unnecessary for childcare facilities are imposed. (f) Childcare centers are cost prohibitive in commercial areas, yet residents seem to resist sites in neighborhoods. (g) The building permit and planning process are expensive. (h) There have been cases where ADA requirements have been inconsistently applied to childcare projects. (i) There are varying design and parking standards among the different planning I 2gencies in the County. CHILDCARE FACILITIES MAY 23,2000 10 COMMITTEE RECOMMENDATIONS PAGE 3 DISCUSSION OF THE PROPOSED RECOMMENDATIONS In response to the concerns expressed at the workshop, staff prepared the following summary of the issues, followed by recommendations to address the concerns. These recommendations were considered by the Internal Operations Committee at its May 8, 2000 meeting and, with slight modifications, are commended to the Board of Supervisors for approval. A. The Need For Recognition By Cities And Counties Of The Need For Childcare Facilities One of the primary comments received at the workshop was the desire of the childcare providers for the County and the cities to adopt a statement of principles that support childcare facilities. The County General Pian clearly supports the establishment of childcare facilities. The following Goals and Policies are excerpted from the Public Facilities/Services Element of the County General Plan: 7-AS. To assist and encourage the development of adequate, affordable and quality childcare in Contra Costa County. 7-AT. To maximize parental choice for childcare options in the community. 7-151. The development of high quality childcare and preschool facilities shall be encouraged in appropriate locations, especially in conjunction with schools, church facilities and centers of concentrated employment such as business parks. 7-152. Childcare and preschool facilities shall be consistent with residential and commercial land use designations where safe vehicular access and effective buffering of neighboring residences can be achieved. 7-153. Proposed development projects shall be required to provide for childcare and preschool facilities in accordance with the General Plan and applicable ordinances, when significant demand for these facilities is created by the projects. 7-154. Proposed commercial and residential projects which do not directly provide childcare or preschool facilities shall be required to comply with the provisions of the adopted childcare ordinance. 7-155. In order to increase parental choice, the location of childcare facilities shall be encouraged in residential neighborhoods, employment centers, at school sites, hospitals, religious facilities, parks and along transit routes. 7-156. Temporary childcare facilities should be allowed as a management tool for the efficient and timely development of permanent facilities. 7-157. The County shall encourage and participate in efforts to coordinate childcare programs and fund raising efforts to meet childcare needs throughout the County, through the establishment of the countywide childcare organization, as recommended by the Childcare Task Force. 7.158. The County shall foster public awareness of the variety of needs and availability of resources for childcare. 7.159. The County shall review and amend childcare regulations and the permitting process in order to simplify them, minimize fees and shorten the approval process. 7.160. The County shall encourage parents, providers, public officials and employees to participate in the planning and decision-making processes related to providing childcare facilities. In January 1988, the County adopted the Childcare Ordinance to implement, in part,the General Plan goals and policies. The County's childcare facilities ordinance permits the establishment of childcare facilities in all zoning districts upon obtaining a land use permit except in heavy industrial areas or in areas that allow hazardous waste disposal. The purpose of the childcare facilities ordinance is to implement the childcare component of the Public Facilities/Services Element of the County General Plan. It recognizes that it is CHILDCARE FACILITIES MAY 23, 2000 10 COMMITTEE RECOMMENDATIONS PAGE 4 the developers` responsibility to address childcare needs associated with the development of their projects,and the establishment of such childcare facilities and initiation of services will help satisfy the childcare infrastructure requirements associated with new growth. The childcare ordinance requires any subdivision with less than 30 units to pay a childcare mitigation fee. Subdivisions with 30 or more units are required to provide a childcare facility on site or off site consistent with the needs assessment of the proposed development. The ordinance encourages coordinated use of recreational or common areas within projects, with churches, parks or community facilities as a secondary method to provide childcare facilities. The childcare ordinance also applies to non-residential projects having more than 100 employees or having a floor area of more than 15,000 square feet. As requested by the workshop attendees, staff recommends that a draft statement of principles supporting childcare facilities be prepared to submit to the Board for approval, upon which the Proposition 10 Commission should submit it for approval by the CitylCounty Relations Committee and, then, to the Mayors'Conference for adoption by the cities. B. County Pre-App Iication Process is Helpful; This Process Should Be Available in Cities The County has a pre-application review that allows a prospective applicant to present ideas for a project in order to obtain feedback from various county agencies. This process ensures that the applicant has full knowledge of the planning process and the applicants are not caught by surprise with the regulatory process. The workshop attendees were supportive of this process and suggested that it be expanded to other jurisdictions. Staff recommends that as part of the statement of principles stated in(A)above, the prey application process or other early staff involvement with childcare facility applicants should be encouraged in other jurisdictions. C. Deed Advance Notice of Building Permit Traffic and Drain4p Fees The County Building Inspection Department provides a preliminary estimate of building permit fees for different projects including childcare facilities. A number of prospective applicants may not be aware of this service offered by the County and may not be taking advantage of the service. Staff recommends that the Community Development, Building Inspection and Public Works Departments identify the fees required to establish andlor expand childcare facilities and make this information available for childcare providers early in the process. D. Need Predictable Timeline for Permitting It takes approximately four months to process a land use permit application. The actual time on individual applications, however, vary based on the size of the project, the location, the traffic issues and the impact on the surrounding neighborhood. There are steps that can be taken both by the applicant and by the County to streamline the process. Staff recommends that the Community Development Department develop an application package designed specifically for childcare applicants. The package would include neighborhood guidelines that are designed to assist potential childcare providers in avoiding conflicts with adjacent property owners. A planning guide that includes a land use permit flow chart and information to speed the processing of their permit application would also be included. The Community Development Department could also be directed to place a priority on childcare land use permit applications, to further reduce the processing time. CHILDCARE FACILITIES MAY 23, 20010 10 COMMITTEE RECOMMENDATIONS PAGE 5 E. ADA Re uirements That Seem to Be Unnecessary for Childcare Facilities are Imposed Workshop attendees expressed the opinion that certain ADA requirements (restroom standards)were particularly burdensome to childcare facilities. Attendees related the cost of installing multiple handicap facilities that were not used. ADA and Building Code requirements are mandated at the State and Federal level, and local jurisdictions have no authority to grant deviations from the requirements. Legislative amendments are required prior to any changes. Staff recommends that the County Building Inspector pursue clearer guidelines in legislation for childcare facilities. F. Childcare Centers are Cost Prohibitive In Commercial Areas Yet Residents Seem to Resist Sites in Neighborhoods The workshop attendees expressed concerns regarding neighborhood residents opposing locations of childcare centers in residential areas. A number of cities in the County require a use permit for large family childcare centers that provide care for 7 to 14 children. The County, however, requires a use permit only for childcare centers that operate with 15 or more children. No discretionary permit is required from the County for a family childcare center with up to 14 children. Coed neighbor guidelines could be developed similar to the City of Walnut Creek and distributed to potential childcare providers to minimize resistance from neighbors. Staff recommends that the Community Development Department review the County's childcare ordinance to see if any changes or modifications are required to facilitate childcare centers. G. Building Permit and Planning Process Expensive The County land development program is fully supported by application processing fees. Staff reviewed the fees charged by the Public Works Department,the Building Inspection Department and the Community Development Department, and concluded that should funding be available, the cost of the land use permit application should be reduced. This would lower the "up front" costs to a potential childcare provider. A reduced deposit could be applied equally to all applicants. Since the planning deposit is $2700.00, a modest amount of funding could have a significant impact. Proposition 10 was enacted by the voters of California in November 1998, creating a California Children and Families First Program which funds early childhood programs from revenues generated in the state excise taxes on cigarettes and other tobacco products. A Contra Costa Commission of 9 members and 9 alternates was appointed by the Board of Supervisors and is currently working on a plan to expend the nearly one million dollars a month that comes to the County from the tax. The Commission is currently working on the plan to be submitted to the State about how the funds will be utilized. The final plan will be submitted by dune 1, 2000. The funds are earmarked for children prenatal-5 years of age in three basic areas — child development, health and well-being, and parent education and family support. Staff recommends that the Community Developmen4 Public Works and Building Inspection Departments jointly be authorized to request funds from the Proposition 10 Commission to defray the cost of processing the applications. A small grant of$10,000 would reduce the application deposit from $.2700 to $700.00 for the 4-5 childcare applications that are received each year. If Proposition 10 funds cannot be obtained, staff recommends the Board consider using a small portion of the childcare mitigation fee collected by County to defray the cost of processing the use permit applications. CHILDCARE FACILITIES MAY 23, 2000 10 COMMITTEE RECOMMENDATIONS PAGE 6 H. Thea Have Been Cases Where ADA Requirements Have Been Inconsistently Applied to Childcare Projects Some childcare providers have experienced differences in interpretation of ADA requirements by the County. Some concerns were also expressed regarding differences in interpretations of Building Cade. Since Code requirements vary depending upon the type and size of a project, different ADA requirements may properly be applied to two childcare projects. Since ADA requirements are State Codes, staff is recommending that providers contact the State directly through a hotline provided solely to respond to ADA requirements. Staff recommends that the County Building Inspection Department work with the State to set up this hotline. As part of the pre-application process, prospective childcare providers will be made aware of how ADA code will vary based on the type of construction proposed: L There are Varying Design and Parking Standards Among the Different Plannin envies In The County The workshop attendees expressed concern regarding the varying design and parking standards in the cities and the County. Staff acknowledges that jurisdictions have different requirements regarding circulation, parking and other standards. Although staff is not recommending an attempt to have uniform planning standards among the 20 jurisdictions, we do recommend that a simple guide be developed which clearly identifies the design standards applied throughout the County. Staff also recommends that a childcare land use zoning report explain the regulatory process in the various cities and the County to help childcare providers navigate their way through city and county.zoning requirements. This information could be made available through the County's web page with links to the web pages of cities in the County.