Agenda Item No.: ___________ Date: December 14, 2010

CASE NUMBER: PHG 10-0024 APPLICANT: Mitchell Berner, Public Solutions LOCATION: The approximately two-acre site is owned by the City of Escondido and located on the

southeastern corner of the intersection of North Broadway and Woodward Avenue, addressed as 115 Woodward Avenue.

TYPE OF PROJECT: Conditional Use Permit PROJECT DESCRIPTION: A Conditional Use Permit for the Boys and Girls Club on Woodward Avenue to utilize a portion of the existing facilities for a licensed child care program with up to 163 children generally ranging in age from infants to second grade. The child care program would utilize approximately 5,837 SF of existing indoor classroom space and 12,225 SF of existing outdoor play area. No building additions or exterior building modifications are proposed. Traditional club operations for older children would continue to be available in the larger, remaining areas of the facility. STAFF RECOMMENDATION: Approval GENERAL PLAN DESIGNATION: SPA #9 - Downtown Specific Plan ZONING: SP (Downtown Specific Plan – Park View District) BACKGROUND/SUMMARY OF ISSUES: The Boys and Girls Club has been awarded four State of California Department of Social Services contracts to operate child care programs serving a broad range children’s ages. The club is proposing to convert 5,837 SF of existing indoor space and 12,225 SF of outdoor play area for the exclusive use of licensed child care programs serving infants, toddlers, pre-school and school-age children. A total of 163 children ranging in age from six-weeks to second grade would have exclusive use of six rooms in the facility and separately fenced outdoor play areas. Traditional club operations would continue both indoors and outdoors for older children. The child care programs at the Boys and Girls Club would be licensed to serve children of low income families. All families must meet eligibility and need requirements prior to and throughout enrollment. Families pay a portion of the cost with additional funding coming from the California Department of Education. Staffing levels are set by Community Care Licensing with a total of 22 staff members needed for the number of children allowed in the various age groups. The facility is open Monday through Friday from 6:30 A.M. to 6:30 P.M. Planning staff has allowed the child care facility to operate in the Boys and Girls Club on a temporary basis since last July when the Little Angel Learning Center operated by St. Clare’s Home on East Washington Avenue suddenly closed. Quick action was needed at the time to ensure the large number of children with working parents had a place to go. The Boys and Girls Club coordinated with Planning and Fire Department staff as well as Community Care Licensing to provide a place for the children while steadily working towards securing the needed Conditional Use Permit. Staff feels that the issues are as follow: 1. Whether the existing Boys and Girls Club facility can accommodate a large child care center. 2. Whether adequate parking exists to accommodate the expanded use of the facility.

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REASONS FOR STAFF RECOMMENDATION: 1. The 36,800 SF facility for the Boys and Girls Club includes two gymnasiums and multiple classrooms and indoor

recreation rooms. The club has traditionally operated after-school, year-round and summer programs for school-aged children. The child care facility has already been successfully integrated into the club facility by taking under-utilized and vacant rooms and repurposing them into dedicated learning centers for younger age groups. All of this has been done with little to no effect on the traditional club programs for school-age children. An added benefit is that once children in the child care center age beyond second grade, they can easily transfer into the traditional club program.

2. The number of parking spaces currently existing on the Boys and Girls Club site is not enough to meet Zoning Code

requirements for the facility based on the number of employees for both the child care center and the traditional club programs. However, staff has confirmed that the club has had a longstanding informal agreement with the City that allows the club to use 12 parking spaces in the City’s 906-space Woodward Avenue parking lot. Adding those 12 adjacent spaces to the number of existing on-site spaces allows the facility to exceed Zoning Code parking requirements.

Respectfully submitted, Bill Martin Principal Planner

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ANALYSIS A. LAND USE COMPATIBILITY/SURROUNDING ZONING NORTH - SP (Downtown Specific Plan – Park View District)/ A small commercial shopping center with two existing

tenants and two vacant tenant spaces is located on the northern side of Woodward Avenue and fronts on North Broadway. The City of Escondido’s Don E. Anderson Community Building is located across from the club just west of the commercial center. The community building is utilized by the City’s Tiny Tots preschool program.

SOUTH - SP (Downtown Specific Plan – Park View District)/ A chain link fence separates the site from the Escondido

Creek flood control channel that runs along the entire southern boundary of the property. Grape Day Park is located across the channel from the Boys and Girls Club.

EAST - SP (Downtown Specific Plan – Park View District)/ Across Broadway is an auto repair/tire shop and a vacant

commercial building. The Boys and Girls Club also has a bus and vehicle parking lot next to the vacant commercial building.

WEST - SP (Downtown Specific Plan – Park View District)/ A city-owned parking lot (Woodward lot) with 906 parking

spaces is adjacent to the western boundary of the club site. This parking lot is widely used by city hall employees, patrons of the James Stone municipal pool, Boys and Girls Club employees, Palomar Pomerado Health employees, CCAE patrons and staff, Grape Day Park visitors and occasionally by North County Church of Christ members and parents and staff for the Classical Academy High School.

B. AVAILABILITY OF PUBLIC SERVICES 1. Effect on Police Service – The Police Department has expressed no concern regarding their ability to provide service

to the site. 2. Effect on Fire Service – The site is served by Fire Station No. 1 (310 North Quince Street), which is within the seven

and one-half minute response time specified for urbanized areas in the General Plan. Development of the site would contribute incremental increases in demand for fire services. Comments received from the Escondido Fire Department indicate that fire sprinklers and a stand pipe system will be required for the building and that a fire hydrant must be located within 50 feet of the fire department connection. The Fire Department has indicated that adequate services can be provided to the site and the proposed project would not impact levels of service.

3. Traffic – The project takes access from Woodward Avenue, which is an unclassified commercial street in the

Circulation Element of the Escondido General Plan. Based on SANDAG’s traffic generation rates for the San Diego region, the project would generate approximately 80 trips per 1,000 SF, or approximately 467 ADT, which is well within the capacity of the surrounding streets. According to the Engineering Division, the project does not materially degrade the levels of service on the adjacent streets.

4. Utilities – City sewer and water mains with sufficient capacity to serve the project are available within the adjoining

street or easement. The project does not materially degrade the levels of service of the public sewer and water system.

5. Drainage – The project site is not located within a 100-year Flood Zone as indicated on current FEMA maps. There

are no significant drainage courses within or adjoining the property besides Escondido Creek which is fully contained within a concrete flood control channel. The project does not materially degrade the levels of service of the existing drainage facilities.

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C. ENVIRONMENTAL STATUS 1. The proposed child care facility is exempt from the provisions of the California Environmental Quality Act (CEQA) in

conformance with CEQA Section 15301, “Existing Facilities.” A Notice of Exemption was issued on December 9, 2010.

2. In staff’s opinion, no significant issues remain unresolved through compliance with code requirements and the

recommended conditions of approval. 3. The project will have no impact on fish and wildlife resources as no sensitive or protected habitat occurs on-site or will

be impacted by the proposed development. D. CONFORMANCE WITH CITY POLICY/ANALYSIS General Plan The General Plan land use designation on the site is SPA #9 which encompasses the Downtown Specific Plan area. The General Plan notes that goals for SPA #9 include developing a downtown that provides a range retail, office, financial, cultural and residential opportunities. Implementation of the General Plan for this area is achieved through the development policies and standards established in the Downtown Specific Plan. The Downtown Specific Plan allows child care facilities in the Park View District subject to the issuance of a Conditional Use Permit. Whether the Existing Boys and Girls Club Facility can Accommodate a Large Child Care Center The club has traditionally operated after-school, year-round and summer programs for school-aged children. The 36,800 SF facility for the Boys and Girls Club includes two gymnasiums and multiple classrooms and indoor recreation rooms. All of this space has been available for traditional core activities provided at the club. Similarly, outdoor play areas located on the western, southern and eastern sides of the facility have also been available for core operations. Operations at the club have now changed from offering just the traditional core activities to also offering child care for younger children. The child care and core functions will each operate in separate, dedicated areas of the facility with separate Boys and Girls Club staff provided for each operation. The proposed child care facility would have exclusive use of six rooms totaling 5,837 square feet of indoor space to serve 163 children ranging in age from six-weeks to second grade. The classrooms range in size from 380 SF to 2,296 SF with the children separated into age-appropriate groups generally consisting of infants, toddlers, pre-school and school-age (K-2). The largest group of children (90) are in the K-2 age group and are generally 5-7 years old. These children would be located in Rooms D and E that together comprise a majority of the child care center space at 2,952 SF. The child care facility would not utilize any other rooms in the Boys and Girls Club building including either of the two gyms. Three outdoor play areas separated by chain link fencing for the different age groups would also be available for the exclusive use of the child care facility. The 12,225 SF of outdoor play area for the child care facility is located on the southern and eastern sides of the facility, leaving the larger western outdoor play area available for the core operation. Staff toured the Boys and Girls Club facility during mid-day hours while the child care center was operating. The child care center appears to have been seamlessly integrated into the club facility by taking under-utilized and vacant rooms and repurposing them into dedicated learning centers for younger age groups. All of this has been done with little to no effect on the traditional club programs for school-age children. An added benefit is that once children in the child care center age beyond second grade, they can easily transfer into the traditional club program. Staff feels the Boys and Girls Club has successfully demonstrated that a large child care center can be accommodated within the facility.

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Whether Adequate Parking Exists to Accommodate the Expanded Use of the Facility The Boys and Girls Club facility has two parking areas providing a total of 22 spaces. Six parking spaces are located near the corner of Broadway and Woodward Avenue; and 16 parking spaces are located next to the flood control channel just south of the grass playground on the property. The Boys and Girls Club also received Planning Commission approval in February of 2000 to use a paved, 14,000 SF property across Broadway (530 and 540 N. Broadway) to store and park busses and vans used by the facility. The child care center has 22 employees for the 163 children based on Community Care Licensing requirements for the number of employees needed for each age group of children. An additional nine employees are on-site for the club’s traditional programs for school-age children. All staff instructors on the site are employed by the Boys and Girls Club to work in either the child care center or the core program with no staff crossover between the programs. Based on the number of staff in both programs, a total of 31 parking spaces are required for the facility. This number exceeds the 22 parking spaces that currently exist on the property. However, when the 12 parking spaces in the adjacent Woodward lot that have historically been used by the club are included, a total of 34 parking spaces are provided where 31 are required In July of 1999, a Plot Plan (99-44-PPL) was approved for the Boys and Girls Club to allow construction of the second gymnasium, a classroom and an addition to the building entry. At that time, staff made a determination that parking requirements for the facility would be calculated in a manner similar to an elementary school (one space per employee) because the club programs focused on elementary school-age children. While the plot plan approval didn’t specify the exact number of parking spaces needed at that time, there may have not been enough parking spaces provided on the site because it was during this period when the club entered into an informal agreement with the City Manager’s Office to utilize 12 parking spaces in the adjacent Woodward Avenue parking lot. The agreement also could have been generated by the removal of parking along the club’s frontage on Woodward Avenue when the frontage was converted to short-term pick-up/drop-off for parents. Boys and Girls Club employees were given city parking stickers allowing access to the portion of the Woodward parking lot (adjacent to the club) that formerly was reserved for city employees. The sticker practice was discontinued several years later when all the parking spaces in the 906-space Woodward lot were converted to public parking spaces. However, the Boys and Girls Club has been continuously using their allotment of 12 spaces for at least ten years now. The 906-space Woodward Avenue parking lot provides public parking used by city hall employees, CCAE patrons and staff, patrons of the James Stone municipal pool, Boys and Girls Club employees, Palomar Pomerado Health employees, Grape Day Park visitors and occasionally by North County Church of Christ members and parents and staff for the Classical Academy High School. Palomar Pomerado Health (PPH) is the only user group that has a formal written agreement allowing their employees to park in this lot. The PPH lease agreement was approved in July of 2004 for a one-year term that automatically renews every year. The lease specifies that PPH has permission to use 80 parking spaces generally located in the northwestern corner of the lot for employee parking between the hours of 6 A.M. to 6 P.M., Monday through Friday. A shuttle service to the hospital is provided for PPH employees parking in this lot. According to the Downtown Parking Study (Walker 2006), weekday occupancy rates for parking spaces in the Woodward lot peak at 1:00 P.M. with an average occupancy rate of 46%. Parking spaces near the swimming pool have a higher demand and occupancy with a peak occupancy rate of 84%. This occupancy rate already factors in the use of 12 parking spaces in the lot by employees of the Boys and Girls Club. The study clearly shows that the use of 12 spaces in the parking lot by the Boys and Girls Club does not significantly affect available parking inventory in the lot. Staff feels it would be appropriate for the Boys and Girls Club to continue to use these parking spaces to meet their parking requirements for the facility. However, staff is not comfortable with the current informal nature of the agreement and has added a condition to require a written agreement between the Boys and Girls Club and the City of Escondido for use of the 12 parking spaces in the Woodward lot. Most parents picking up or dropping off children at the Boys and Girls Club generally use the loading zone in front of the club on Woodward Avenue. The inclusion of the child care center has resulted in a greater demand for this space as many of these parents need to accompany their children into the facility. This has led to a noticeable increase in the use of parking on the north side of Woodward Avenue during peak drop-off and pick-up hours. The Engineering Division has

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expressed concern about the number of parents parking on the north side of Woodward Avenue and then illegally jaywalking with their young children across the street through traffic to the club entry. Therefore, the Engineering Division has requested a condition be added requiring the Boys and Girls Club to consult with them in developing a parking management plan for drop-off/pick-up on Woodward Avenue to ensure public safety. Potential options to be discussed could include club staff monitors on Woodward directing parents to the crosswalk, or restricting parking on the north side of Woodward during peak hours.

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SUPPLEMENT TO STAFF REPORT/DETAILS OF REQUEST A. PHYSICAL CHARACTERISTICS The site is level and completely developed with the existing Boys and Girls Club facility and associated parking and outdoor recreational areas. The property is located within an urbanized area in the central part of the city and is surrounded by commercial development, Grape Day Park and a large municipal parking lot. B. SUPPLEMENTAL DETAILS OF REQUEST 1. Property Size: The Boys and Girls Club leases approximately two acres in the northeastern

corner of a 30.2-acre site owned by the City of Escondido that includes Grape Day Park, the California Center for the Arts Escondido and City Hall.

2. Total Building Size: 36,800 SF Child Care Center Size: 5,837 SF Boys and Girls Club: 30,963 SF (“Core” facility) 3. Child Care Center Classroom Size: Room “A” 380 SF Room “B” 875 SF Room “C” 768 SF Room “D” 656 SF Room “E” 2,296 SF Room “F” 862 SF 3. Number of Child Care Children: 163 4. Age of Child Care Children: 0-18 Months: 15 children Room “F” 5 employees 18-30 Months: 24 children Room “B” 3 employees 2½-5 Years: 34 children Rooms “A” and “C” 8 employees 5-14 years: 90 children Rooms “D” and “E” 6 employees (Although the license technically allows children up to 14 years, funding is only provided through second grade so they will be the oldest children in the child care facility) 5. Hours of Operation: 6:30 A.M. to 6:30 P.M. Monday through Friday 6. Peak Arrival/Departure Hours: 7:00 A.M. to 9:00 A.M.; 4:00 P.M. to 6:00 P.M. Monday through Friday 7. Number of Child Care Employees: 22 8. Number of Club “Core” Employees: 9

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9. Proposed Building Modifications: No exterior changes or additions proposed. Interior modifications include a new separation wall between Rooms E and F and one door opening in Room E.

C. CODE COMPLIANCE ANALYSIS Proposed Required 1. Parking: 22 spaces on-site 31 spaces 12 spaces historically (one space per employee) provided in adjacent city parking lot) 34 spaces 2. Outdoor Play Area: 12,225 SF 12,225 SF (The outdoor play area for the child care center is divided into three separate age-appropriate areas and is also separated from the outdoor recreational area utilized by the club’s core programs)

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FINDINGS OF FACT PHG 10-0024 EXHIBIT ”A”

1. Granting the proposed Conditional Use Permit would be based upon sound principles of land use and in response to

services required by the community since the child care facility would be integrated into an existing facility that serves children and will be licensed by the Department of Social Services Community Care Licensing Division. The child care facility is completely secured by fencing and gates and surrounded by compatible school, church and commercial uses. Adequate outdoor play areas, parking spaces and drop-off and pick-up area would be provided.

2. The proposed use would not cause a deterioration of bordering land uses or create special problems in the area in

which it is located, since the child care facility would be located within an existing Boys and Girls Club structure that has provided educational and recreational services for children for over 50 years. The site can support the requested number of children, as the required number of parking spaces, size of play area and location of drop-off area would be provided. In addition, the facility would meet all requirements of the Building Division and Fire Department.

3. The proposed Conditional Use Permit has been considered in relationship to its effect on the neighborhood and has

been determined to be compatible with the surrounding properties. The site is surrounded by commercial, school, church, and park uses. The site would provide adequate parking and drop-off/pick-up areas. The weekday vehicle trips generated by the facility can be accommodated on adjacent streets with no negative impact according to the Engineering Division.

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CONDITIONS OF APPROVAL PHG 10-0024 EXHIBIT “B”

Planning Division Conditions 1. The developer shall be required to pay all development fees of the City then in effect at the time and in such amounts

as may prevail when building permits are issued, including any applicable City-Wide Facilities fees. 2. All construction and grading shall comply with all applicable requirements of the Escondido Zoning Code and

requirements of the Planning Division, Engineering Division, Building Division, and Fire Department. 3. The legal description attached to the application has been provided by the applicant and neither the City of Escondido

nor any of its employees assume responsibility for the accuracy of said legal description. 4. All requirements of the Public Art Partnership Program, Ordinance No. 86-70, shall be satisfied prior to building permit

issuance. The ordinance requires that a public art fee be added at the time of the building permit issuance for the purpose of participating in the City Public Art Program.

5. All exterior lighting shall conform to the requirements of Article 35 (Outdoor Lighting) of the Escondido Zoning Code.

All outdoor lighting shall be provided with appropriate shields to prevent light from adversely affecting adjacent properties.

6. As proposed, 22 striped parking spaces shall be provided onsite in conjunction with this development. An additional

12 parking spaces shall be provided in the adjacent city-owned Woodward parking lot as described in Condition No. 17 below. On-site parking spaces shall be double-striped and dimensioned per City standards.

7. Parking for disabled persons shall be provided (including “Van Accessible” spaces) in full compliance with Section

1129B (Accessible Parking Required) of the California Building Code, including signage. All parking stalls shall be provided with six-inch curbing or concrete wheel stops in areas where a vehicle could reduce minimum required planter, driveway or sidewalk widths.

8. Trash enclosures must be designed and built per City standards, and permanently maintained. All trash enclosures

(including existing trash enclosures) shall meet current engineering requirements for storm water quality, which includes the installation of a decorative roof structure. Solid metal doors shall be incorporated into the trash enclosure. A decorative exterior finish shall be used. All trash enclosures must be screened by landscaping as specified in the Landscape Ordinance. All trash enclosures shall be of sufficient size to allow for the appropriate number of trash and recyclable receptacles as determined by the Planning Division and Escondido Disposal, Inc.

9 Operations occurring at the facility shall be in substantial conformance with the plans/exhibits and details in the staff

report to the satisfaction of the Planning Division. 10. No signage is approved as part of this permit. A separate sign permit shall be required prior to the installation of any

signs. All proposed signage associated with the project must comply with the City of Escondido Sign Ordinance (Article 66, Escondido Zoning Code).

11. All new utilities shall be underground. 12. All rooftop equipment must be fully screened from all public view utilizing materials and colors which match the

building.

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13. The City of Escondido hereby notifies the applicant that the County Clerk’s office requires a documentary handling fee of $50.00 in order to file a Notice of Exemption for the project (environmental determination for the project). In order to file the Notice of Exemption with the County Clerk, in conformance with the California Environmental Quality Act (CEQA) Section 15062, the applicant should remit to the City of Escondido Planning Division, within two working days of the final approval of the project (the final approval being the hearing date of the Planning Commission or City Council, if applicable), a certified check payable to the “County Clerk” in the amount of $50.00. The filing of a Notice of Exemption and the posting with the County Clerk starts a 35 day statute of limitations period on legal challenges to the agency’s decision that the project is exempt from CEQA. Failure to submit the required fee within the specific time noted above will result in the Notice of Exemption not being filed with the County Clerk, and a 180 day statute of limitations will apply.

14. All project generated noise shall comply with the City’s Noise Ordinance (Ord. 90-08) to the satisfaction of the

Planning Division. 15. This CUP shall become null and void unless utilized within twelve months of the effective date of approval. 16. The applicant shall coordinate with the Engineering Division to develop a parking management plan for drop-off/pick-

up on Woodward Avenue to the satisfaction of the Engineering Division. 17. The applicant shall enter into a written parking agreement with the City of Escondido to formalize the longstanding

arrangement to use 12 parking spaces in the Woodward Avenue parking lot for Boys and Girls Club employees to the satisfaction of the Planning Division and the City Attorney’s Office.

18. This item may be referred back to the Planning Commission upon recommendation of the Director of Community

Development for review and possible revocation or modification of the Conditional Use Permit upon receipt of nuisance complaints regarding performance of the operation of the facility and/or non-compliance with the conditions of project approval.

Landscaping Conditions 1. All vegetation (including existing vegetation required as part of previous project approvals) shall be maintained in a

flourishing manner, and kept free of all foreign matter, weeds and plant materials not approved as part of the landscape plan. All irrigation shall be maintained in fully operational condition.

2. Street trees shall be maintained along each of the site’s street frontages, in conformance with the Landscape

Ordinance and the City of Escondido Street Tree List. Fire Department Conditions 1. Per Section 903.2.2 of the California Fire Code (Exception), every fire area must have at least one exterior exit door to

the satisfaction of the Escondido Fire Department. 2. Alarm plans must be submitted showing any changes and additions to the existing system. 3. Within 30 days of receiving a building permit for the minor tenant improvements, provide a report to the Escondido

Fire Department from a licensed C-16 Sprinkler Contractor analyzing the existing fire sprinkler system that is in the building.