PC 02/08/1995 - Laserfiche WebLink

Commissioner Barker asked staff if the laws regulating the number of allowable children were in effect twenty years ago. Mr. Swift advised they were not, however, a daycare of that size would have required a nursery school conditional use permit. Carmen Rouquette, 3436 Windsor Ct., stated that they went through some bad experiences during Ms. Phillips first daycare, however, she never complained or called the police. She proceeded to cite several incidents involving the daycare children at that time. The Phillips returned to rebut. Regarding Ms. Homorody's statements, the Phillips have a large greenbelt behind their property, and Ms. Homorody has about six redwood trees to block noise. Ms. Phillips also noted that in the Zoning Administrator's meeting, Ms. HomoIody commented that she could not hear the youngsters playing outside at this time. Also, Ms. Phillips stated the younger children do not play outside for a long periods of time, nor do they make that much noise. Mr. Phillips stated that the children are so small they could not scale their fence to get into the neighbors yards. Ms. Phillips stated that with children this young, several are napping while others are playing. Regarding the traffic, Mr. Phillips advised that the parents do not arrive or pick up their children at the same time. Ms. Phillips also stated she never had twenty children, however, she did have older children, two of which were hyperactive. They cited an instance of one daycare child being in the neighbor's garage on the invitation of the neighbor's child. According to State records, Ms. Phillips has four years of daycare experience. Also, she noted that other than the Rouquettes, everyone who signed the petition did not live in the neighborhood when she previously had a daycare. Some people who signed the petition have since stated they are comfortable with the daycare. Regarding the traffic, Ms. Phillips stated that Mr. Rouquette creates the same amount of traffic because of his outside sales business he operates from his home. The Phillips feel if their neighbors had problems 18 years ago with her day care operation, they should have spoken up then. Ms. Phillips advised that she has always wanted to have a maximum of twelve allowable children, but Mr. Iserson asked if a compromise could be reached. In that vein, she compromised to ten. Through this appeal procedure, she would like to have the maximum set at twelve so they do not have to return at a later date. They feel they have tried very hard to do everything right, and Ms. Phillips wishes to do this for her life's career. PUBLIC HEARING CLOSED Commissioner McGuirk commented that he feels Ms. Phillips has learned from her past experiences and mistakes, and is ready to apply that knowledge to a new venture. He has no problem with this application because she has the appropriate daycare assistants and knows what is involved. Furthermore, with this appeal action, Commissioner McGuirk feels Planning Commission Minutes Page 5 February 8, 1995