PC 101415 - Laserfiche WebLink

b. P15 -0432 Gerard Sobrero, Appellant; Denise Alioto, Applicant Appeal of the Zoning Administrator's approval of a Conditional Use Permit to operate a Large Family Daycare for a maximum of 12 children at the existing residence located at 3763 Muirwood Drive. Zoning for the property is R -1 -6,500 (One - Family Residential) District. Mr. Weinstein indicated that he would step down from this discussion as he was the Zoning Administrator at the initial appeal hearing for this application. Mr. Otto assumed his position at the staff table. Eric Luchini presented the staff report and described the scope and key elements of the application. Commissioner Balch stated that he was aware State law regulates family daycare homes. He requested verification that a Conditional Use Permit (CUP) is required so the City can determine the spacing in relation to other existing daycare homes, and the CUP also lays out elements for which the Commission could deny the CUP. Mr. Luchini replied that was correct. Chair Allen requested Julie Harryman, Assistant City Attorney, to comment a little bit more on State law. She indicated that she has been doing her own research on this matter as this is her first experience with family daycare homes, and it appears that the State does really limit the Commission's ability to regulate this. Ms. Harryman replied that most people are surprised to learn that the State comes in and pre -empts local municipalities' ability to zone in many areas, and one example where cities are precluded from any kind of regulation is in the area of small family daycare homes. She noted, however, that the State gives cities some latitude for large family daycare homes and allows them to condition large family daycare homes in five specific areas as laid out in the staff report to determine whether there are appropriate, reasonable mitigations: spacing to avoid over - concentration; traffic control so as not to create a hazard; parking requirements so they are within a reasonable distance from the homes; noise control based on the City's noise ordinance; and Fire Code requirements. Ms. Harryman stated that another area that the State has pre - empted cities from regulating is elderly care homes, which are located in residential neighborhoods and provide assisted living for seniors. She added that the State also controls rehab facilities, such as the one on Sycamore Road for memory care and people with head injuries, as well as sober living facilities. She explained that there are certain areas that the State allows to locate in residential communities and protects from municipal regulation because these are unpopular or there have been neighborhood objections to them. Commissioner O'Connor asked Ms. Harryman if the State makes it difficult to deny applications within those areas and if the State really wants cities to define conditions that will make it appropriate to limit the exposure of those areas. PLANNING COMMISSION MINUTES, October 14, 2015 Page 20 of 35