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<br />UP-91-4. Sue Whitbeck . <br />Application for a conditional use permit to establish a large family day care home <br />(7-12 children) to be located at 5090 Independence Drive. Zoning for the property <br />is PUD (Planned Unit Development) - Low Density Residential District. <br /> <br />Mr. Swift presented the staff report recommending approval of Case UP-91-4 <br />subject to the conditions of the staff report. He called attention to the revised <br />Condition 10 regarding the hours, and two additional letters from the neighbors <br />who are protesting the day care facility. <br /> <br />Commissioner Hovingh commented that the Commission is very limited as to what <br />they can do in regard to a day care as they are preempted by State law. That <br />State law also preempts what the City can do, as well as what the CC&R's can <br />regulate. Mr. Swift agreed that is correct. <br /> <br />Chairman Mahern said her concern has to do with traffic that the facility might <br />generate. Mr. Swift said that the conditions of approval address traffic issues and <br />felt they minimize that potential problem. <br /> <br />THE PUBLIC HEARING WAS OPENED. <br /> <br />Sue Whitbeck, 5090 Independence Drive, represented the application. She stated <br />that she can comply with the conditions of approval, and feels that parking and <br />traffic concerns have been met. <br /> <br />Commissioner Michelotti asked Ms. Whitbeck if she works away from home part of <br />the day. Ms. Whitbeck said State law requires that she is in the home 80% of the <br />time when the children are there and she is in full compliance with that; she leaves <br />her home at 7:50am and gets off work at 2:38pm. When she goes to work, she <br />takes the children to school. <br /> <br />Commissioner Horan asked who else helps care for the children. The applicant <br />said she has two full-time aides; State law says aides must be at least 18 years of <br />age, must have fingerprints on file with the State, and have FBI clearance. <br />Commissioner Horan asked if there is a crosswalk from her house to the <br />playground. Ms. Whitbeck says there is a crosswalk. <br /> <br />Commissioner Horan asked staff to clarify State laws in regard to child care in the <br />home. <br /> <br />Chairman Mahern asked if there are any children at her house during the day. Ms. <br />Whitbeck said there are no children there during the day. All the children attend <br />Valley View School; they are from a variety of areas. <br /> <br />MINUTES PLANNING COMMISSION MARCH 27, 1991 <br /> <br />Page 10 <br />