PC 101415 - Laserfiche WebLink

Commissioner O'Connor stated that one of the other concerns seems to be around traffic and that there is already so much traffic from Foothill High School at these same times of day, and whether or not that traffic makes it all the way down to this particular residence. He indicated that he did not think an increase of 12 to 15 cars in the morning and another 12 to 15 cars in the afternoon would be a noticeable change in traffic patterns on an already busy street such as Foothill Road. He indicated that he is also inclined to support the denial of the appeal with the understanding that if problems do arise with the small daycare down the road, the use can always be brought back and reviewed at a later date. Commissioner O'Connor moved to deny the appeal and uphold the Zoning Administrator's approval of Case P15 -0432, subject to the Conditions of Approval attached as Exhibit A of the Zoning Administrator's approval letter, dated August 19, 2015, Exhibit A of the staff report, with a modification that the applicants be required to park two or their three cars in the garage. Commissioner Piper inquired if there are CC &R's associated with this property. She indicated that she was thinking of this in terms of the number of vehicles parked on the street. Ms. Harryman replied that she did not know if there were CC &R's and that if there were, that would be a totally separate issue and not in the City's purview either. Mr. Otto advised that State law indicates that CC &R's that prohibit daycares are void. Commissioner Piper stated that when she first read through this project, the most disturbing thing she read was the fact there was non - transparency with the tenant and the owner of the property, but that was clarified after a talk with Ms. Harryman. She indicated that she is a big fan of property rights, and property owners should have the right to have a say in what happens in this property. She stated that she also was not sure she can necessarily state whether this daycare would bring down property values, but what she can say is that people who choose to sell their home the seller have a legal obligation to disclose anything and everything that materially affects the property or its value, including any neighborhood nuisances. She noted that the people in the room clearly feel that this is a nuisance, which means it would need to be disclosed and could deter a buyer from purchasing the home. As far as traffic is concerned, Commissioner Piper stated that she lives close by and thinks that there is significant traffic on Foothill Road and that people cut through Muirwood Drive instead of going up West Las Positas Boulevard, and that affects the residents on Muirwood Drive. She noted, however, that she did not think the additional 26 trips per day would necessarily have a significant impact. She added that all in all, she is under the impression that her hands are tied because of the State. Commissioner Ritter stated that he hopes that when the State inspection comes around, it will deem that the home meets compliance with State law based on its size. He added that he also thinks his hands are tied and so he will have to support to deny the appeal. PLANNING COMMISSION MINUTES, October 14, 2015 Page 33 of 35