Resource Guide - Predevelopment Phase

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Site selection

• Site Selection
• Finding a Child Care Site
• Final Child Care Facility Site Selection

Site control

• Site Control
• Sample MOU
• Sample MOU with Development Agreement

Project design

• Project Design
• Child Care Center Design
• Outdoor Play Areas
• Playground Safety

Obtaining Financing

Securing and Selecting a Contractor

Site Selection

Locating an appropriate site for a child care center is probably the most challenging and frustrating step in the process.  There are generally two types of child care facilities development projects: 

1. Renovation and/or expansion of an existing facility
2. Construction of a new facility

Both situations call for careful consideration before any structural work can begin. 

1. Renovating and/or expanding an existing facility:
   
   If your project calls for renovating the existing child care facility the first step is to determine whether the existing building and site are feasible for the planned development. A construction or development consultant, child care licensing expert, and architect should be members of the development team at this point in the development process.  The contractor or developer may be the team’s choice for the duration of the development process or just an expert who provides technical advice during the predevelopment stage. You can contact Constructing Connections at (209) 257-5303 for information about how to find a qualified contractor, architect and licensing expert.  Whatever the case, these three experts should inspect the building and site and determine if the project is feasible by considering the following issues:

• Size of the lot;

• Zoning (conditional use permit requirements)

•  Licensing requirements (indoor and outdoor square footage, fire, health and safety, accessibility)

• Quality of the existing structure;

•  Repair or renovation costs;

• Design and engineering costs, and

• Recent or upcoming changes in the neighborhood.

2. Constructing a new site;
   
   If your project calls for identifying a new site for a child care facility, it is important that the development team solicit the help of a real estate sales or leasing expert.  When choosing a real estate expert, the development team should consider someone who has experience with child care, early childhood development, educational, or family support organizations.  The real estate expert should understand the sales and/or leasing market and the community in which the development team is planning to locate the new facility. You can contact Constructing Connections at (209) 257-5303 for information about how to find a qualified real estate expert.

The real estate expert should understand the project concept, preliminary development budget limits, and ideal property characteristics.  When evaluating potential sites, the real estate expert and development team should consider the following: 

• Compatibility with project concept;

• Site costs (direct and indirect);

• Quality of the surrounding neighborhood;

• Licensing requirements (indoor and outdoor square footage, fire, health and safety, accessibility);

• Zoning and land use restrictions;

• Infrastructure (utilities, roads, easements);

• Transportation, parking access to building and other necessary services;

• Size of the lot;

• Recent and upcoming changes in the neighborhood, including plans for new developments in the area, and

• Traffic patterns

The most cost-efficient site may be equipped with an existing structure in need of minor or major renovations.  In other circumstances, a vacant site, or a site requiring demolition may be the most cost effective.  Whatever, the case, the situation requires the child care licensing expert, construction or development expert, and architect to inspect the site and determine its suitability base on the issues listed above.

The Low Income Investment Fund (LIIF) published a guide “Finding a Child Care Center Site”. This guide will provide you with some guidance on how to work with real estate professionals and a list of useful resources and websites that can assist you in site selection. 

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Site Control and Approval 

Explore Site Control Methods:

• Community Care Licensing Review

• Local Jurisdiction Approvals

• Required Public Approvals

• Steps for Securing Public Approvals

• Land Use and Zoning for Child Care Facilities Development

• Development Restrictions and Requirements

• Can Jurisdictions Regulate Child Care Development?

• What is a Conditionla Use Permit?

• What is a Variance?

• What is a Zoning Change?

If you have decided to proceed with a site, you need to legally secure it. This may take the form of a lease negotiation, a purchase contract, or a memorandum of understanding (MOU). It is crucial that you have expert help for this process. You will need to negotiate the best terms possible, and a professional simply must do this. Some localities have a pro bono legal assistance available through a bar association or another legal entity. This is one area, however, where it is often wise to pay for qualified experts to ensure you have the best representation possible.  

Secure the site for a number of months while you coordinate your financing, design and construction plans. Make sure you have budgeted for this period, and negotiate an exit strategy in case you encounter insurmountable obstacles. 

Please see examples of MOU’s and Development Agreements. 

Community Care Licensing Review 

You will need to contact Community Care Licensing to review your site plans and to advise you on licensing requirements. 

Local Jurisdiction Approvals 

You will need to seek out information about required public approvals. Land use controls and zoning usually create the most significant constraints for child care facility development. When a potential site has been identified and secured, it is important to resolve zoning issues early in the predevelopment stage. Local codes and standards may also constrain the development of a child care center. Design regulations such as height limits, setback requirements, subdivision standards, street-width minimums, lot coverage maximums, cumbersome review or approval processes, and extensive public hearing requirements may deter, slow, or prevent the development. Additionally, parking, open space and other requirements can significantly raise costs. Careful planning can help avoid unexpected costs and delays.  

The first step is to determine which public approvals are necessary. The next step is to begin securing those approvals: 

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Required Public Approvals: 

• Land use (zoning): Is the proposed use authorized, or will here be a need for a zoning ordinance amendment, variance, or conditional use permit?
• Utility approvals
• Access road approvals
• Public financing approvals
• Building, health and safety code approvals
• Community Care Licensing approvals
• Fire Code approvals
• Properties with earthquake, flood, may require special approvals
• Local moratoria (laws prohibiting water and sewer hookups without approval)

Steps for Securing Public Approvals: 

• Set up calendar for pursuing the needed public approvals
• Identify the development team member who will coordinate and be responsible for all public approvals
• Analyze the standards that will be applied in the public approval process
• Analyze risks, out-of-pocket costs, and timing of public approvals
• Identify politically sensitive issues in the public approval process and develop a community base of support
• Coordinate and track the public approval strategies using the calendar
• Be prepared to negotiate

Land Use and Zoning for Child Care Facilities Development 

This section applies to child care centers, which can include any size facility, most often holding 24-100 children. It provides some basic information on land use and zoning to assist you in developing a new center or expand an existing center.  

Except in very rare circumstances, cities and counties are free to regulate land use decisions without state oversight. State law gives local jurisdictions a lot of discretion about how to regulate the use of property. Accordingly, land use and zoning matters can become very complicated. Therefore, you should always consult a land use expert if a matter is unclear or before applying for any land use permit. Land use experts are not always attorneys. Private planning consultants may be a better choice than an attorney.

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The Importance of Determining Zoning and Land Use Regulations in Advance of Purchase or Lease of Property is Key 

All jurisdictions provide mechanisms to change existing zoning or land use regulations. However, the fact that you can apply for a land use or regulation change does not mean that your application will be granted. Besides being uncertain of the outcome, most applications to change zoning or land use regulation are time consuming and costly. 

Further, courts are very deferential to a jurisdiction’s decision about the use of land. While the judicial system will enforce most procedural rules, the substance of land use decision is rarely challenged. Therefore, if a jurisdiction decides to deny a permit to a child care center or if it places onerous conditions on a center, it is unlikely that a court will grant a center relief. Officials are well aware that primarily the voters – not the courts, will scrutinize their decisions. And their decisions often reflect this! 

Thus, the best way to assure a good outcome is to do your homework ahead of time. And because each jurisdiction has broad discretion to regulate zoning and land use, you must investigate the applicable jurisdiction’s rules as they may apply to a particular piece of property. For example, one jurisdiction may permit a child care center in a high-density residential area. However, in another jurisdiction, all commercial use may be prohibited in a residentially zoned area. And, at least in larger cities, regulations may change depending on the location of property. Parking requirements or setbacks may differ throughout a city.  

Development Restrictions and Requirements 

Knowing if zoning permits a child care center is a good first step, but it is the only that, a first step. Most jurisdictions also impose a slew of other requirements and restrictions on the development of a property. Some of these are county-wide; some of these are imposed for each zone; some of these are imposed only on certain uses. Theoretically, you could determine all these additional restrictions by reading the municipal code. Of course, this is not practical, and will also fail to turn up some “unwritten” rules.   

Therefore, the next step in determining whether a child care center is feasible is to meet with a city planner and discuss the proposed development. You should start with the person you called to determine whether the zoning permitted a child care center. If that person cannot meet with you, ask them to tell you with whom you should meet. If you cannot reach anyone by telephone, you should simply go to that jurisdictions planning department to ask your questions. 

You should only meet with your local planning jurisdiction after you have a general idea of what you want to do with your property. Without some information about what you area trying to build, a city or county planner will be unable to give you meaningful feedback.  

Here are the general questions you should be able to answer before meeting with a city or county planner: 

1. How large are a center are you trying to build (in terms of size of the building as well as the number of children)?
2. Is it new construction or a remodel?
3. Are you using modular construction?
4. Where do you think vehicle entry and exit points will be?
5. What type of signage do you envision?

You should bring to the meeting at least a rough diagram of the property, any existing structures that will remain, and sketch of the building envelope (how big will the building be, including height). Show the sketch to the planner and ask the planner if the proposal meets with city or county standards and requirements. If possible, bring an architect, or someone familiar with land use issues to the meeting to make sure that you are asking the right questions (especially follow up questions). 

At the very least, you should leave the meeting knowing: 

• How many parking places you will need;
• Whether hour proposed entry and exit locations are acceptable;
• Whether the city requires any set “set backs” (how far away a building must be from the various property lines. Most jurisdictions have different set back requirements for the front, rear and side property lines);
• Whether there are any other restrictions governing the size of the facility (for example, a height restriction);
• Whether there is anyone else in your local jurisdiction that you should meet with to learn about special requirements. In some jurisdictions you may need to schedule a separate meeting with the transportation department or the building and safety department.

Following this meeting, you should have a good understanding of what will be permitted and what parts of the proposed development may require special permits. Combining this information other information you are gathering about the proposed development should give you some idea of whether it is feasible to have a child care center in this location. 

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Can Jurisdictions Regulate Child Care Centers? 

YES. Child care centers (any child care facility other than a family child care home) include preschools, extended child care programs and infant centers. A center is considered a commercial use of property, since the facility is not the providers home. Therefore, centers are permitted in commercial zones, but are not necessarily permitted in residential zones.  

Many jurisdictions require a permit and hearing process before allowing a center in a residential zone. A permit hearing is conducted by a city/county agency and is a fairly informal process.  

At a hearing you will have to present several documents such as an interior and exterior site plan, a map of the neighborhood and information about the proposed center. Furthermore, at the hearing you will have an opportunity to introduce witnesses who support the proposed center. Such witnesses might include neighbors favorable to the center, a day care expert who can speak on the desirability of the proposed site and an architect who can testify about the extent to which the center would affect the surrounding area.  

You may, in trying to start a child care center in a residential zone, meet with neighborhood opposition. Residents may be concerned that the existence of a day care center in the community will cause many problems. Common concerns include: 

1. A large number of children will cause excessive noise; 

2. Child drop-off and pick-up will result in traffic congestion and parking problems; 

3. A child care center will destroy the residential atmosphere of the neighborhood and lower property value of surrounding homes; and 

4. Allowing one child care center in the community will open the door for other commercial businesses to move freely into the neighborhood. 

While these are legitimate concerns, many measures can be taken to eliminate the impact of a child care center on the community. For instance, limiting the amount of children allowed outside at one time would reduce noise. Also, creating a plan to stagger child drop-off and pick-up would address neighborhood concerns about parking and traffic. 

If you are considering starting a child care center in a residential zone, it may be a good idea to discuss your plans with surrounding residents. By addressing their concerns and proposing ways to alleviate problems, you may be able to set their minds at ease, and reduce neighborhood opposition. 

What is a Conditional Use Permit – (CUP)? 

As discussed above, if the local zoning code permits a child care center in particular zone, that permission may not be automatic. Instead, most zoning ordinances identify certain land uses which do not precisely fit into existing zones, but may be allowed upon approval of a conditional use permit. Other names for this type of permit are “special use permit”, “land use permit”, “administrative permit” or “development permit”. 

The uses for which a conditional use permit may be required include community facilities (such as hospitals, schools) public buildings or grounds (such as fire stations and parks), temporary or hard to classify uses (such as Christmas tree sales or small engine repair), or land uses with potentially significant environmental impacts (hazardous chemical storage or building a house in a floodplain). 

The jurisdiction’s zoning code will specify those uses for which a conditional use permit may be required, which zones they may be required, and the public procedure (See above “Can Jurisdictions Regulate Child Care Centers?”). Cities often require a child chare center to obtain a conditional use permit. If the CUP is granted it will usually be subject to certain conditions being met by the permit applicant). Alternatively, it may deny uses that do not meet local standards.  

If a conditional use permit will be needed to open a child care center, you should find out from the city or county: 

• What findings will be required for the jurisdiction to approve a center (these are broadly worded to cover all types of conditional uses);
• What the jurisdiction typically relies on in making those findings (i.e. what type of evidence you will need to assemble);
• If there are any conditions routinely required for child care centers;
• The process for obtaining a conditional use permits and approximates time line for a decision from the jurisdiction.

You should consult with a local land use expert in filling out the conditional use permit application. 

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What is a Variance? 

A variance is basically the grant of an exemption to a land use regulation. State law does require some amount of consistency I the application of land use regulations therefore variances can only be granted if there is something unique to a particular property that makes the application of a land use regulation unduly harsh an unnecessary. For example, an irregularly shaped property may make it difficult to comply with setback requirements and still make productive use of the property. In some circumstances, this may make the grant of a variance from the strict application of the setback requirements appropriate.  

It is theoretically possible to ask a jurisdiction for a zoning variance to allow a child care center in a location not otherwise permitted under its code. However, since state law requires variances to be tied to some particular circumstance of the property, it is very difficult to obtain a zoning variance to allow a use otherwise prohibited.  

More typically, variance are3 used to alter other municipal code requirements of a center, for example parking, set backs, landscaping, height restrictions. Because variances are not easy to obtain, all other avenues should be explored before resorting to a variance. For example, if the regulation is ambiguously worded, you might instead seek an administrative interpretation of the regulation that gives you the same relief as a variance.  

What is a Zoning Change? 

If the property is zoned in such a way that prohibits a child care center, you may request that the zone be changed to one that permits a child care center. Unlike variances, zone changes are subject to little state regulation and can be tailored made for a particular development. However, zone changes tend to be more complex and take a significant amount of time, which will include a public hearing for approval of a zoning change.

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Project Design 

Before securing a contractor for the development phase of the project, you and your development team must solicit the help of an architect to translate the project concept into a physical design that meets the organization’s program goals, budget constraints, and public approvals. 

When designing the project, you and your architect should consider both required and recommended elements of design. Visiting similar facilities in and around the community, and talking with other child care providers to identify successful designs, as well as mistakes to avoid, can be extremely helpful. 

It is also essential for you to research the most cost effective design options available, and when doing so, to take into account the initial cost and the long-term quality and maintenance consequences using certain materials and equipment. For example, choosing one type of carpeting because it is the least expensive up front may mean that it does not last very long and has to be replaced a lot sooner than a higher quality carpet?  

An agreement with the architect may cover the following areas: 

• Schematic design: translating the project concept into a general scheme of development with a rough estimate of construction costs;
• Design development: more detailed drawings and documents that describe the project and a more refined estimate of construction costs;
• Construction documents: detailed plans and specifications for construction;
• Bidding and negotiation assistance;
• Construction supervision; and
• Assistance in obtaining public approvals

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Child Care Center Design