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Mr. Beaudin responded that it is a public street and on-street parking is available just like any <br />other neighborhood, so there are times when the street could be busy and other times when it <br />could be empty. He continued that the public street may not always be available for this kind of <br />use, which is the reason staff staggered the pick-up and drop-off times for the large family <br />daycare application. <br />Commissioner Brown said, therefore, the legal perspective for available on-street parking for <br />something that conforms to the Municipal Code is not a valid reason for approval or denial but <br />is rather ancillary. <br />Mr. Beaudin confirmed this statement. <br />Chair Allen asked whether there was any remedy if the conditions weren't being followed, <br />offering as an example if the applicant and full-time assistant are not using the garage but <br />rather parking in the driveway or in front of the house. <br />Mr. Beaudin said the first two steps to be taken would be to notify the applicant and utilize <br />code enforcement to help enforce the conditions of approval; however, if the conditions weren't <br />working as they'd been drafted, staff would adjust them. <br />Commissioner Ritter said this would not stop the assistant from just parking on street. <br />Mr. Beaudin responded that the conditions are written requiring that the full-time assistant park <br />in the garage. <br />THE PUBLIC HEARING WAS OPENED <br />Rocio Arango, applicant, gave a presentation regarding the approval of a Conditional Use <br />Permit (CUP) to operate a large family day care home with a maximum of 14 children at her <br />residence. She spoke of the community's support for her child care operation, her willingness <br />to abide by conditions which address neighbors' concerns and asked of those opposing her <br />business to consider the benefits her day care provides. <br />Ms. Arango then spoke of the limitations on her business that have been set by the City, which <br />regulates parking, hours of operation, traffic, and number of attendants. She went on to <br />describe the benefits of her program including Spanish language that helps children enter the <br />elementary school's program with basic Spanish; even though their parents do not speak the <br />language; and that her program offers a half-day kindergarten program for students and <br />flexibility which other centers do not provide. She also spoke of a Senate bill approved for <br />family daycare providers and asked the Commission to approve the CUP and thanked all <br />supporters. <br />Joshua Brysk, appellant, gave a presentation and said he wanted to focus on the main points <br />of contention with the agenda report. He began with traffic, stating the concern is traffic flow. <br />He said Sauterne Way is not just a one-way street but only allows traffic in from one direction. <br />He went on to say that parents work in the nearby vicinity and would be coming from different <br />locations; some would come off Touriga Drive and enter Chardonnay Drive from the left side. <br />Planning Commission Minutes Page 5 of 18 March 13, 2019 <br />homeowner and <br />a full-time assistant with access to the garage, room in the driveway for drop- <br />off or turn-around and two spaces in front of the home, one of which would be used by <br />the part-time assistant. Based upon that, he inquired about the availability of parking for the purpose <br />of drop-off and said that part of the application would also include student pick-up, which is <br />how staff calculated 42 trips per day.Planning Commission Minutes Page 4 of 18 March <br />13, 2019