Report to SGC dated March 10 2017
Report to Committee DATE:
March 10, 2017
TO:
Smart Growth Committee (SGC)
FROM:
Laura Lee Richard, Director of Development Services
SUBJECT:
Child Care Policies & Regulations
EXECUTIVE SUMMARY A livable community is one that includes child care facilities providing convenient and healthy environments. The City’s policies and regulations promote this ideal, but a number of issues were identified with respect to changing provincial practices, demands for expanded location options, and issues with respect to the application of existing regulations. One of the more significant issues dealt with recently by Council related to a large child care facility that was proposed for a commercial location and, through that process, a need to set out location criteria for potential day care operators was identified. This report provides data on the City’s existing child care facilities, a summary of regulations applicable to these facilities and an outline of our policies that are relevant to new facilities. For the most part, it concludes our current policies and regulations are appropriate with the exception that we need to better regulate child care facilities located in a commercial setting. The report also identifies an opportunity to expand permitted locations for child care facilities by allowing for this use in the Neighbourhood Commercial zone. RECOMMENDATION SGC recommends to Council: 1. That the Zoning Bylaw be amended as follows: a. to require provision of on-site outdoor play space for a child care facility in a commercial zone where care is provided to more than 8 children; b. to allow child care facilities providing care for up to 25 children as a permitted use in the Neighbourhood Commercial zone; c. to limit child care facilities in the Community Commercial zone to one facility per building; and
March 10, 2017 Child Care Policies & Regulations Page 2
d. to permit child minding as an accessory use to commercial indoor recreation and general retail uses in the Highway Commercial and Large Format Commercial zones. 2. That the Zoning Bylaw be further amended to clarify the following: a. child care facilities accessed from a cul-de-sac or dead-end street are limited to having up to 8 children in care; and b. an accessory child care facility in a residential zone must be operated by a resident of the dwelling in which the facility is located. 3. That the update to the Official Community Plan include a locational policy for child care facilities to encourage the siting of larger facilities in mixed-use and neighbourhood-serving commercial areas as well as institutional properties and to discourage child care facilities in highway-oriented and industrial locations,. 1. INTRODUCTION A review of child care policies has been undertaken as part of the Planning Division work leading to the update of the Official Community Plan. In addition, the review has considered our current child care regulations with an eye to addressing a number of regulatory issues which have been identified by facility operators and businesses at the time of business licence application. The overall intent of the review was to determine if our regulations continue to support the City’s objective that there be a sufficient number of child care spaces with appropriate siting and adequate amenities to meet the community’s needs. Child care facilities, operation and management are subject to the provincial Child Care Licensing Regulation and Standards of Practice of the Community Care and Assisted Living Act. This Regulation defines different kinds of child care, sets regulations for the facilities including minimum building requirements, outdoor play areas, and the ratio of staff to children. Fraser Health manages licenses, inspections and responses to complaints about child care facilities in Port Coquitlam. The degree to which available spaces meet the affordability, quality and accessibility needs of parents and children (e.g. evening and week-end care) is unknown and not within the scope of this study. Although we recognize that child care costs are a significant issue to many parents, the study does not delve into cost considerations but focuses on those matters within the authority of a local government. The United Way of the Lower Mainland is currently undertaking a child care needs assessment for the TriCities and the results of this study will be reviewed to determine if there are any actions that the City can take to address needs that may be identified through this assessment. 2. CHILD CARE FACILITIES IN PORT COQUITLAM 2.1. Number of Facilities and Spaces There are 98 licensed child care facilities in Port Coquitlam, with a capacity of 2002 child care spaces (per Fraser Health licensing information May 2016). There are approximately
March 10, 2017 Child Care Policies & Regulations Page 3
8,400 children aged 12 and under in Port Coquitlam (Metro Vancouver 2015 estimate), resulting in 23.8 spaces per 100 children ages 12 and under. This compares with a regional number of 18.5 spaces and provincial number of 18.0 spaces per 100 children. Almost half of the child care spaces in Port Coquitlam are for toddlers from 30 months to school age. Less than 10% are group child care spaces for infants.
Group Child care (under 36 months) Group Child Care (30 months to school age), Preschool (30 month to school age) Group Child Care (School Age) and Out Of School Care Multi-Age Child Care and In-Home MultiAge Child Care Family Child Care Multi-Service Program* Total
Facilities 3
Capacity 28
Capacity Including Multi-Service Program Spaces* 210
7
134
976
8
128
618
21 31 28 98
173 215 1324 2002
203 222 *
* Multi-service facilities include a combination of programs. The sum of program licences can exceed the listed capacity at any one time, allowing for flexibility in delivery of child care services depending on demand. 64% of the child care facilities in the City are established as accessory uses in houses and duplexes, and most of these offer care to 8 or fewer children. 11 facilities are licenced to care for more than 8 children (less than 25). Larger child care facilities are typically located on school sites, church properties, or in single purpose institutional buildings as shown in the chart below. Figure 1: Licensed Child Care Spaces by Property Type: Townhouse, 89 Commercial & mixeduse, 320 Institutional, 973 House or duplex, 620
March 10, 2017 Child Care Policies & Regulations Page 4
2.2. Facility Locations a. Institutional areas: Child care facilities are permitted on school sites, within church facilities and on properties that have been rezoned to institutional for purpose-built child care facilities and about half of all licenced spaces in the City are located in these areas. Institutional locations offer the following advantages:
Facilities on or near school sites are convenient for parents with a child attending school Before and after school care on school sites avoids need to transport children between facilities Ample access to outdoor play space School sites and church properties often have space to locate a stand-alone buildings Institutional buildings are designed to support assembly uses Purpose-built facilities can be designed to provide appropriate outdoor play spaces, parking and pick-up / drop-off areas.
For the most part, few issues arise with child care facilities located in institutional areas if the site has sufficient access and parking. The City often works with daycare providers to ensure that the proposed use of portable buildings for child care purposes will comply with BC Building Code requirements. b. Single-family Neighbourhoods: The Zoning Bylaw permits child care facilities accessory to a residential use in the City’s neighbourhoods and allows for up to 8 children in care in all zones and up to 25 children in care in the RS1 and RS3 zones. The larger daycare operations typically require substantial building alterations to comply with the BC Building Code, limiting their feasibility in many homes. Neighbourhood daycares offer the following advantages:
Proximity to local roads with low traffic volumes which allow for safer walking to nearby parks On-site play space in the backyard (required to be at the rear) Children are in the same neighbourhood as their home.
Issues that have been identified with facilities in neighbourhoods include:
Some are located on busy arterials with limited access for pick-up and drop-off Larger child care facilities can have a greater neighbourhood impact in terms of traffic and noise impacts.
The Zoning Bylaw prevents the clustering of day cares with more than 8 children to sites that are at least 200m apart to mitigate the potential traffic and noise impacts. Staff will also informally work with day care providers to address traffic or other impacts if we receive complaints regarding these facilities. c. Sites in Community Commercial Zones: The Community Commercial (CC) zone permits child care facilities with up to 25 children. The advantage of this bylaw
March 10, 2017 Child Care Policies & Regulations Page 5
provision is that a facility may be sited in a location that is convenient to a parent’s place of work as well as services and amenities. Challenges associated with child care facilities located in commercial areas include:
Lack of on-site or easily accessible outdoor play space Noise and air quality due to proximity to high traffic volumes Impacts related to pick-up and drop-off, particularly if a commercial complex includes more than one child care facility
In the past, few child care facilities would locate in commercial areas due to the higher rents in these areas and community expectations for children to be in neighbourhood settings. However, with increasing demand for child care and changing economics, more facilities are being located in commercial buildings. Only one of the eight child care facilities in the City’s commercial retail areas provides for on-site outdoor play space and it was required to include this space as a condition of rezoning. d. Neighbourhood Commercial Zone: This zone, which typically accommodates a corner store, does not allow for child care facilities. However, several enquiries have been received about permitting this use in the zone. The OCP policy for sites zoned neighbourhood commercial is that the land uses are to serve the immediate neighbourhood. As these sites are generally dispersed throughout the community and are within residential areas, they are considered to be well-suited for child care uses. e. Highway-oriented and Industrial Areas: Child care facilities are not permitted in the highway commercial, large format commercial or any industrial zones. The use is generally not seen to be appropriate in these areas for reasons including
Air quality concerns There can be significant noise from traffic or industrial uses Lack of proximity to parks and safe walking routes for children.
However, on a site specific basis, locating a child care facility may be appropriate if part of a comprehensive mixed use redevelopment, especially if the facility is designed to serve residents or employees. f. Agricultural Areas: Accessory child care facilities that provide for care of up to 8 children are permitted in the Agriculture zone in accordance with the regulations of the Agricultural Land Commission. The City does not have any licenced facilities in its agricultural areas, possibly due to the greater distance between farm homes and employment centres or residential populations. 4. .PROPOSED ZONING BYLAW AMENDMENTS 4.1. Require Outdoor Play Space: Opportunities for outdoor play are critically important to early childhood development. While ideally the outdoor play space will adjoin a child care facility, Fraser Health will approve a licence for a childcare facility if the operator has a plan in place for the children to access a nearby park.
March 10, 2017 Child Care Policies & Regulations Page 6
For example, children attending the child care facility located in the Shaughnessy Tower use Lions Park. To address the concern that day care facilities in commercial areas may not be required to provide outdoor space, and to avoid potential impacts if a number of child care facilities rely on a public park, it is recommended that the Zoning Bylaw be amended to require a minimum amount of outdoor space. If such an amendment is adopted and there are reasons why an operator may prove not be able provide the outdoor space, then Council would need to approve a variance to the regulation. The proposed amendment is to require that a child care facility located in a commercial area provide a minimum amount of outdoor play space based on the Child Care Licensing Regulation of 6m2 of per child but, recognizing the challenges of finding a large outdoor space for a larger facility in a commercial area, limit the total amount to be required to 100m2 (i.e., the amount required for 16 children although the facility could offer care to 25 children). 4.2. Allow a child care facility use in the Neighbourhood Commercial Zone: The proposed maximum number of children to be permitted is 25, which is the same as that allowed in the larger residential and the community commercial zones. If a facility is licenced to provide care for more than 8 children, then the bylaw amendments would also require provision of on-site outdoor play space. 4.3. Limit the number of child care facilities in commercial buildings: A child care operator may lease a commercial unit to provide for care for up to 25 children with minimal impact but there could be substantial impacts if also permitted to lease adjoining units. As this outcome would not fit the intent of our policies and regulations for commercial areas, a bylaw amendment is proposed to limit the number of permitted child care facilities within a building to one licenced business. 4.4. Allow accessory child minding: Operators of commercial indoor recreation uses, such as gyms, often wish to provide on-site child minding for their clients, but this use is not permitted if the business is located in a highway commercial or large format commercial zone although it is permitted if the business is located in an industrial zone. Accessory child minding is a convenient service for clients, does not cause impacts such as parking, and is time-limited. In addition to indoor recreation uses, some large retail stores in other communities are offering child minding as a service to their customers. While we haven’t had any requests for this use, it would be supported under the same rationale as that for commercial indoor recreation uses. Therefore, it is proposed that the Zoning Bylaw be amended to allow for child minding when accessory to a commercial indoor recreation and a general retail use in the HC and LFC zones. 4.5. Clarify regulations applicable to cul-de-sacs and dead-end streets: The Zoning Bylaw limits the permitted size of a child care facility in a residential area located on a cul-de-sac or a dead-end street to no more than 8 children in care. A recent business licence application brought to light an interpretation issue related to how this restriction applies to corner properties. A housekeeping amendment is proposed
March 10, 2017 Child Care Policies & Regulations Page 7
to clarify that the restriction applies to a corner property if access to that property is from the cul-de-sac or dead-end street. 4.6. Require a child care facility in a residence to have a live-in operator: Recently, there have been enquiries from prospective child care operators who are interested in renting a suite or home to operate a child care facility, but not live in the premises. The BC Building Code requires child care facilities in dwellings to be operated by a resident of the dwelling to meet safety regulations. As this requirement is not clear to prospective operators and homeowners, a housekeeping amendment is proposed to confirm that a child care facility in a dwelling must be operated by a resident of the dwelling. 5. PROPOSED OCP POLICY The update to the OCP offers a convenient opportunity to include locational policies that will provide improved guidance on appropriate sites for larger child care facilities. The following policy directions are proposed to be included in the upcoming discussion of change to the plan: Encourage the siting of larger child care facilities and regulate these facilities through site-specific rezoning processes if the following conditions can be met: o parking and on-site traffic circulation is adequate for pick-up and dropoff activities; o an on-site outdoor play space is provided that is separate from high traffic and has access to sunlight; o the siting and design of the facility, including its outdoor area, is in keeping with the primary land use objectives for the site (e.g., it does not impact the visibility or accessibility of commercial businesses); and, o if the proposed facility is proposed as part of a comprehensive redevelopment, that it will be designed to support the future residents or employees. Consider accessory child care facilities in industrial areas on a site-specific basis where the facility will meet the needs of a business with high employment and comply with conditions similar to those proposed for commercial sites. 6. CONSULTATION This review was informed by conversations with staff from Fraser Health, the United Way of the Lower Mainland, the YMCA, the Ministry of Children and Family Development. Should Committee and Council provide further consideration of the proposed Zoning Bylaw amendments, a public hearing would be held. The proposed OCP policy would be considered through the updated OCP that will be brought forward for Council and community consideration later this year.
March 10, 2017 Child Care Policies & Regulations Page 8
7. OPTIONS SGC may: 1. Recommend that the proposed Zoning Bylaw amendments proceed to Council for consideration and the draft OCP policy be included in discussions of the updated OCP (recommended); 2. Recommend that staff undertake a focused public consultation process to evaluate proposed changes to child care regulations prior to further consideration of the proposed bylaw amendments; 3. Determine that it does not wish to amend the Zoning Bylaw regulations for child care facilities prior to the completion of the OCP update.
Laura Lee Richard Director of Development Services Attachment 1: Current Policies and Regulations
Attachment 1: Current Policies and Regulations Official Community Plan The Community Facilities and Services section of the Plan encourages providing a sufficient number of child care facilities throughout the community and contemplates these facilities to be located in residential areas when appropriate and in areas close to educational and business facilities, but not commercial areas. Polices in the Social Issues section also commit to partnering and liaising with other government agencies and community groups to ensure social services and facilities such as daycares are provided and keep pace with development and population growth. Zoning Bylaw The Zoning Bylaw permits child care facilities in the Community Commercial (CC), Civic Institutional (P1) and Institutional (P2) zones. Accessory child care facilities are permitted in all residential zones as well as the Commercial Recreation (RC) and Agriculture (A) zones. Child care facilities and accessory child care facilities are permitted in various CD zones as well. Child minding is permitted in the General Industrial (M1) and Light Industrial (M3) zones when accessory to commercial indoor recreation uses. The following regulations apply in different zones: Zone P1 P2 RS2, RS4, RD, A RS1, RS3
Max’m Number of Children Unlimited Unlimited Up to 8 children Up to 8 children
More than 8 children and 2 staff and up to 25 children at any one time
In dwelling units in the RTh, RRh, RA, and CC zones
Up to 5 children in a dwelling unit
Other Regulations The building in which the use is conducted must be occupied by a residential use Any outdoor recreation space provided must be located to the rear of the dwelling and enclosed by a fence Must be located at least 200 m (656.2 ft) from any other such facility fronting on the same side of the same street May not be located on a cul-de-sac or deadend street Must comply with the requirements of the BC Building Code for assembly uses The dwelling unit must also be occupied by a residential use Any outdoor recreation space provided must be enclosed by a fence Must have access to the exterior of the building through areas directly controlled by the operator, and such access may not involve the use of a building common corridor or elevator
March 10, 2017 Child Care Policies & Regulations Page 2
Not in a dwelling unit in the RTh, RA, and CC zones
Up to 25 children at any one time
CD (where listed as a permitted use)
Up to 5 in a dwelling unit
Must comply with the requirements of the BC Building Code for assembly uses Must have access to the exterior of the building through areas directly controlled by the operator, and such access may not involve the use of a building common corridor or elevator Any outdoor recreation space provided must be enclosed by a fence Must have access to the exterior of the building through areas directly controlled by the operator, and such access may not involve the use of a building common corridor or elevator Facility must be intended to but not restricted solely to serve residents of the principal building or persons residing in adjacent apartments or apartment residential zones
Child care facilities are not permitted in buildings containing secondary suites or accessory home businesses. In addition, when accessory to a residential use, a child care facility must occupy less than 50% of the floor area of the house. Parking and Development Management Bylaw The Parking and Development Management Bylaw requires that there be at least one onsite parking space per 10 children in care at a child care facility. The bylaw requires that this regulation be applied when there is a change in use in a building, or when a new facility is developed.
March 10, 2017
TO:
Smart Growth Committee (SGC)
FROM:
Laura Lee Richard, Director of Development Services
SUBJECT:
Child Care Policies & Regulations
EXECUTIVE SUMMARY A livable community is one that includes child care facilities providing convenient and healthy environments. The City’s policies and regulations promote this ideal, but a number of issues were identified with respect to changing provincial practices, demands for expanded location options, and issues with respect to the application of existing regulations. One of the more significant issues dealt with recently by Council related to a large child care facility that was proposed for a commercial location and, through that process, a need to set out location criteria for potential day care operators was identified. This report provides data on the City’s existing child care facilities, a summary of regulations applicable to these facilities and an outline of our policies that are relevant to new facilities. For the most part, it concludes our current policies and regulations are appropriate with the exception that we need to better regulate child care facilities located in a commercial setting. The report also identifies an opportunity to expand permitted locations for child care facilities by allowing for this use in the Neighbourhood Commercial zone. RECOMMENDATION SGC recommends to Council: 1. That the Zoning Bylaw be amended as follows: a. to require provision of on-site outdoor play space for a child care facility in a commercial zone where care is provided to more than 8 children; b. to allow child care facilities providing care for up to 25 children as a permitted use in the Neighbourhood Commercial zone; c. to limit child care facilities in the Community Commercial zone to one facility per building; and
March 10, 2017 Child Care Policies & Regulations Page 2
d. to permit child minding as an accessory use to commercial indoor recreation and general retail uses in the Highway Commercial and Large Format Commercial zones. 2. That the Zoning Bylaw be further amended to clarify the following: a. child care facilities accessed from a cul-de-sac or dead-end street are limited to having up to 8 children in care; and b. an accessory child care facility in a residential zone must be operated by a resident of the dwelling in which the facility is located. 3. That the update to the Official Community Plan include a locational policy for child care facilities to encourage the siting of larger facilities in mixed-use and neighbourhood-serving commercial areas as well as institutional properties and to discourage child care facilities in highway-oriented and industrial locations,. 1. INTRODUCTION A review of child care policies has been undertaken as part of the Planning Division work leading to the update of the Official Community Plan. In addition, the review has considered our current child care regulations with an eye to addressing a number of regulatory issues which have been identified by facility operators and businesses at the time of business licence application. The overall intent of the review was to determine if our regulations continue to support the City’s objective that there be a sufficient number of child care spaces with appropriate siting and adequate amenities to meet the community’s needs. Child care facilities, operation and management are subject to the provincial Child Care Licensing Regulation and Standards of Practice of the Community Care and Assisted Living Act. This Regulation defines different kinds of child care, sets regulations for the facilities including minimum building requirements, outdoor play areas, and the ratio of staff to children. Fraser Health manages licenses, inspections and responses to complaints about child care facilities in Port Coquitlam. The degree to which available spaces meet the affordability, quality and accessibility needs of parents and children (e.g. evening and week-end care) is unknown and not within the scope of this study. Although we recognize that child care costs are a significant issue to many parents, the study does not delve into cost considerations but focuses on those matters within the authority of a local government. The United Way of the Lower Mainland is currently undertaking a child care needs assessment for the TriCities and the results of this study will be reviewed to determine if there are any actions that the City can take to address needs that may be identified through this assessment. 2. CHILD CARE FACILITIES IN PORT COQUITLAM 2.1. Number of Facilities and Spaces There are 98 licensed child care facilities in Port Coquitlam, with a capacity of 2002 child care spaces (per Fraser Health licensing information May 2016). There are approximately
March 10, 2017 Child Care Policies & Regulations Page 3
8,400 children aged 12 and under in Port Coquitlam (Metro Vancouver 2015 estimate), resulting in 23.8 spaces per 100 children ages 12 and under. This compares with a regional number of 18.5 spaces and provincial number of 18.0 spaces per 100 children. Almost half of the child care spaces in Port Coquitlam are for toddlers from 30 months to school age. Less than 10% are group child care spaces for infants.
Group Child care (under 36 months) Group Child Care (30 months to school age), Preschool (30 month to school age) Group Child Care (School Age) and Out Of School Care Multi-Age Child Care and In-Home MultiAge Child Care Family Child Care Multi-Service Program* Total
Facilities 3
Capacity 28
Capacity Including Multi-Service Program Spaces* 210
7
134
976
8
128
618
21 31 28 98
173 215 1324 2002
203 222 *
* Multi-service facilities include a combination of programs. The sum of program licences can exceed the listed capacity at any one time, allowing for flexibility in delivery of child care services depending on demand. 64% of the child care facilities in the City are established as accessory uses in houses and duplexes, and most of these offer care to 8 or fewer children. 11 facilities are licenced to care for more than 8 children (less than 25). Larger child care facilities are typically located on school sites, church properties, or in single purpose institutional buildings as shown in the chart below. Figure 1: Licensed Child Care Spaces by Property Type: Townhouse, 89 Commercial & mixeduse, 320 Institutional, 973 House or duplex, 620
March 10, 2017 Child Care Policies & Regulations Page 4
2.2. Facility Locations a. Institutional areas: Child care facilities are permitted on school sites, within church facilities and on properties that have been rezoned to institutional for purpose-built child care facilities and about half of all licenced spaces in the City are located in these areas. Institutional locations offer the following advantages:
Facilities on or near school sites are convenient for parents with a child attending school Before and after school care on school sites avoids need to transport children between facilities Ample access to outdoor play space School sites and church properties often have space to locate a stand-alone buildings Institutional buildings are designed to support assembly uses Purpose-built facilities can be designed to provide appropriate outdoor play spaces, parking and pick-up / drop-off areas.
For the most part, few issues arise with child care facilities located in institutional areas if the site has sufficient access and parking. The City often works with daycare providers to ensure that the proposed use of portable buildings for child care purposes will comply with BC Building Code requirements. b. Single-family Neighbourhoods: The Zoning Bylaw permits child care facilities accessory to a residential use in the City’s neighbourhoods and allows for up to 8 children in care in all zones and up to 25 children in care in the RS1 and RS3 zones. The larger daycare operations typically require substantial building alterations to comply with the BC Building Code, limiting their feasibility in many homes. Neighbourhood daycares offer the following advantages:
Proximity to local roads with low traffic volumes which allow for safer walking to nearby parks On-site play space in the backyard (required to be at the rear) Children are in the same neighbourhood as their home.
Issues that have been identified with facilities in neighbourhoods include:
Some are located on busy arterials with limited access for pick-up and drop-off Larger child care facilities can have a greater neighbourhood impact in terms of traffic and noise impacts.
The Zoning Bylaw prevents the clustering of day cares with more than 8 children to sites that are at least 200m apart to mitigate the potential traffic and noise impacts. Staff will also informally work with day care providers to address traffic or other impacts if we receive complaints regarding these facilities. c. Sites in Community Commercial Zones: The Community Commercial (CC) zone permits child care facilities with up to 25 children. The advantage of this bylaw
March 10, 2017 Child Care Policies & Regulations Page 5
provision is that a facility may be sited in a location that is convenient to a parent’s place of work as well as services and amenities. Challenges associated with child care facilities located in commercial areas include:
Lack of on-site or easily accessible outdoor play space Noise and air quality due to proximity to high traffic volumes Impacts related to pick-up and drop-off, particularly if a commercial complex includes more than one child care facility
In the past, few child care facilities would locate in commercial areas due to the higher rents in these areas and community expectations for children to be in neighbourhood settings. However, with increasing demand for child care and changing economics, more facilities are being located in commercial buildings. Only one of the eight child care facilities in the City’s commercial retail areas provides for on-site outdoor play space and it was required to include this space as a condition of rezoning. d. Neighbourhood Commercial Zone: This zone, which typically accommodates a corner store, does not allow for child care facilities. However, several enquiries have been received about permitting this use in the zone. The OCP policy for sites zoned neighbourhood commercial is that the land uses are to serve the immediate neighbourhood. As these sites are generally dispersed throughout the community and are within residential areas, they are considered to be well-suited for child care uses. e. Highway-oriented and Industrial Areas: Child care facilities are not permitted in the highway commercial, large format commercial or any industrial zones. The use is generally not seen to be appropriate in these areas for reasons including
Air quality concerns There can be significant noise from traffic or industrial uses Lack of proximity to parks and safe walking routes for children.
However, on a site specific basis, locating a child care facility may be appropriate if part of a comprehensive mixed use redevelopment, especially if the facility is designed to serve residents or employees. f. Agricultural Areas: Accessory child care facilities that provide for care of up to 8 children are permitted in the Agriculture zone in accordance with the regulations of the Agricultural Land Commission. The City does not have any licenced facilities in its agricultural areas, possibly due to the greater distance between farm homes and employment centres or residential populations. 4. .PROPOSED ZONING BYLAW AMENDMENTS 4.1. Require Outdoor Play Space: Opportunities for outdoor play are critically important to early childhood development. While ideally the outdoor play space will adjoin a child care facility, Fraser Health will approve a licence for a childcare facility if the operator has a plan in place for the children to access a nearby park.
March 10, 2017 Child Care Policies & Regulations Page 6
For example, children attending the child care facility located in the Shaughnessy Tower use Lions Park. To address the concern that day care facilities in commercial areas may not be required to provide outdoor space, and to avoid potential impacts if a number of child care facilities rely on a public park, it is recommended that the Zoning Bylaw be amended to require a minimum amount of outdoor space. If such an amendment is adopted and there are reasons why an operator may prove not be able provide the outdoor space, then Council would need to approve a variance to the regulation. The proposed amendment is to require that a child care facility located in a commercial area provide a minimum amount of outdoor play space based on the Child Care Licensing Regulation of 6m2 of per child but, recognizing the challenges of finding a large outdoor space for a larger facility in a commercial area, limit the total amount to be required to 100m2 (i.e., the amount required for 16 children although the facility could offer care to 25 children). 4.2. Allow a child care facility use in the Neighbourhood Commercial Zone: The proposed maximum number of children to be permitted is 25, which is the same as that allowed in the larger residential and the community commercial zones. If a facility is licenced to provide care for more than 8 children, then the bylaw amendments would also require provision of on-site outdoor play space. 4.3. Limit the number of child care facilities in commercial buildings: A child care operator may lease a commercial unit to provide for care for up to 25 children with minimal impact but there could be substantial impacts if also permitted to lease adjoining units. As this outcome would not fit the intent of our policies and regulations for commercial areas, a bylaw amendment is proposed to limit the number of permitted child care facilities within a building to one licenced business. 4.4. Allow accessory child minding: Operators of commercial indoor recreation uses, such as gyms, often wish to provide on-site child minding for their clients, but this use is not permitted if the business is located in a highway commercial or large format commercial zone although it is permitted if the business is located in an industrial zone. Accessory child minding is a convenient service for clients, does not cause impacts such as parking, and is time-limited. In addition to indoor recreation uses, some large retail stores in other communities are offering child minding as a service to their customers. While we haven’t had any requests for this use, it would be supported under the same rationale as that for commercial indoor recreation uses. Therefore, it is proposed that the Zoning Bylaw be amended to allow for child minding when accessory to a commercial indoor recreation and a general retail use in the HC and LFC zones. 4.5. Clarify regulations applicable to cul-de-sacs and dead-end streets: The Zoning Bylaw limits the permitted size of a child care facility in a residential area located on a cul-de-sac or a dead-end street to no more than 8 children in care. A recent business licence application brought to light an interpretation issue related to how this restriction applies to corner properties. A housekeeping amendment is proposed
March 10, 2017 Child Care Policies & Regulations Page 7
to clarify that the restriction applies to a corner property if access to that property is from the cul-de-sac or dead-end street. 4.6. Require a child care facility in a residence to have a live-in operator: Recently, there have been enquiries from prospective child care operators who are interested in renting a suite or home to operate a child care facility, but not live in the premises. The BC Building Code requires child care facilities in dwellings to be operated by a resident of the dwelling to meet safety regulations. As this requirement is not clear to prospective operators and homeowners, a housekeeping amendment is proposed to confirm that a child care facility in a dwelling must be operated by a resident of the dwelling. 5. PROPOSED OCP POLICY The update to the OCP offers a convenient opportunity to include locational policies that will provide improved guidance on appropriate sites for larger child care facilities. The following policy directions are proposed to be included in the upcoming discussion of change to the plan: Encourage the siting of larger child care facilities and regulate these facilities through site-specific rezoning processes if the following conditions can be met: o parking and on-site traffic circulation is adequate for pick-up and dropoff activities; o an on-site outdoor play space is provided that is separate from high traffic and has access to sunlight; o the siting and design of the facility, including its outdoor area, is in keeping with the primary land use objectives for the site (e.g., it does not impact the visibility or accessibility of commercial businesses); and, o if the proposed facility is proposed as part of a comprehensive redevelopment, that it will be designed to support the future residents or employees. Consider accessory child care facilities in industrial areas on a site-specific basis where the facility will meet the needs of a business with high employment and comply with conditions similar to those proposed for commercial sites. 6. CONSULTATION This review was informed by conversations with staff from Fraser Health, the United Way of the Lower Mainland, the YMCA, the Ministry of Children and Family Development. Should Committee and Council provide further consideration of the proposed Zoning Bylaw amendments, a public hearing would be held. The proposed OCP policy would be considered through the updated OCP that will be brought forward for Council and community consideration later this year.
March 10, 2017 Child Care Policies & Regulations Page 8
7. OPTIONS SGC may: 1. Recommend that the proposed Zoning Bylaw amendments proceed to Council for consideration and the draft OCP policy be included in discussions of the updated OCP (recommended); 2. Recommend that staff undertake a focused public consultation process to evaluate proposed changes to child care regulations prior to further consideration of the proposed bylaw amendments; 3. Determine that it does not wish to amend the Zoning Bylaw regulations for child care facilities prior to the completion of the OCP update.
Laura Lee Richard Director of Development Services Attachment 1: Current Policies and Regulations
Attachment 1: Current Policies and Regulations Official Community Plan The Community Facilities and Services section of the Plan encourages providing a sufficient number of child care facilities throughout the community and contemplates these facilities to be located in residential areas when appropriate and in areas close to educational and business facilities, but not commercial areas. Polices in the Social Issues section also commit to partnering and liaising with other government agencies and community groups to ensure social services and facilities such as daycares are provided and keep pace with development and population growth. Zoning Bylaw The Zoning Bylaw permits child care facilities in the Community Commercial (CC), Civic Institutional (P1) and Institutional (P2) zones. Accessory child care facilities are permitted in all residential zones as well as the Commercial Recreation (RC) and Agriculture (A) zones. Child care facilities and accessory child care facilities are permitted in various CD zones as well. Child minding is permitted in the General Industrial (M1) and Light Industrial (M3) zones when accessory to commercial indoor recreation uses. The following regulations apply in different zones: Zone P1 P2 RS2, RS4, RD, A RS1, RS3
Max’m Number of Children Unlimited Unlimited Up to 8 children Up to 8 children
More than 8 children and 2 staff and up to 25 children at any one time
In dwelling units in the RTh, RRh, RA, and CC zones
Up to 5 children in a dwelling unit
Other Regulations The building in which the use is conducted must be occupied by a residential use Any outdoor recreation space provided must be located to the rear of the dwelling and enclosed by a fence Must be located at least 200 m (656.2 ft) from any other such facility fronting on the same side of the same street May not be located on a cul-de-sac or deadend street Must comply with the requirements of the BC Building Code for assembly uses The dwelling unit must also be occupied by a residential use Any outdoor recreation space provided must be enclosed by a fence Must have access to the exterior of the building through areas directly controlled by the operator, and such access may not involve the use of a building common corridor or elevator
March 10, 2017 Child Care Policies & Regulations Page 2
Not in a dwelling unit in the RTh, RA, and CC zones
Up to 25 children at any one time
CD (where listed as a permitted use)
Up to 5 in a dwelling unit
Must comply with the requirements of the BC Building Code for assembly uses Must have access to the exterior of the building through areas directly controlled by the operator, and such access may not involve the use of a building common corridor or elevator Any outdoor recreation space provided must be enclosed by a fence Must have access to the exterior of the building through areas directly controlled by the operator, and such access may not involve the use of a building common corridor or elevator Facility must be intended to but not restricted solely to serve residents of the principal building or persons residing in adjacent apartments or apartment residential zones
Child care facilities are not permitted in buildings containing secondary suites or accessory home businesses. In addition, when accessory to a residential use, a child care facility must occupy less than 50% of the floor area of the house. Parking and Development Management Bylaw The Parking and Development Management Bylaw requires that there be at least one onsite parking space per 10 children in care at a child care facility. The bylaw requires that this regulation be applied when there is a change in use in a building, or when a new facility is developed.
