SR 05:220 - Laserfiche WebLink

State Legislature has declared its intent that family day care homes for children should be situated in normal residential surroundings so as to give children the home environment that is conducive to healthy and safe development. The Legislature also determined that family daycare homes operated under the standards of state law constitute accessory uses of residentially zoned and occupied properties and do not fundamentally alter the nature of the underlying residential uses (H&S 91597.40 et. seq.). Under State law, the State licenses large family daycare homes for up to fourteen children (meeting certain age conditions, etc). The City is limited to requiring compliance with "local ordinances, if any, prescribing reasonable standards, restrictions and requirements concerning spacing and concentration, traffic control, parking and noise control" along with State Fire Marshal standards. The State law also requires that any noise standards shall be "consistent with local noise ordinances implementing the noise element of the general plan and shall take into consideration the noise levels generated by children." (H&S Code section 1597.46) The City of Pleasant on requires a conditional use permit for large family daycares and requires them to meet spacing, traffic control, parking requirements, noise control, and fire code requirement standards (P .M.C. 918.124.240). Several neighbors expressed concern over an increase in traffic, infractions of traffic laws, noise, aesthetic issues in relation to front yard play structures, and a perceived decrease in property values. The Planning Commission determined that the Sutton's proposed large family home daycare meets all five standards. For analysis of the standards as related to the proposed project, please refer to the attached Planning Commission staff report. Additional information related to outstanding public concern on traffic control follows. Traffic The Municipal Code's standard for traffic control states that, "Large family day care homes shall not create any traffic hazard. The Zoning Administrator may prescribe such conditions as may be reasonably required to ensure the safety of all affected by the proposed use, including requiring traffic-control measures reasonably required to avoid any identified adverse effect." Following the May 25th Planning Commission hearing, patrol and traffic officers monitored the subject site on five separate occasions during the morning drop off period. The officers did not find any traffic violations and indicated that the traffic volume was very light. While the officers did witness drop offs, they never saw more than one car dropping off children at anyone time. The Police Department traffic report is consistent with staffs previous traffic monitoring of the site. In her letter of appeal, Mrs. McWilliams reiterated the neighbors' opposition to the additional traffic an expanded daycare would generate and the added concern that Paseo Navarro has two blind corners. She also wrote that the Suttons were unwilling to accept a compromise to limit the number of children to less than fourteen. Along with her letter of appeal, Mrs. Me Williams attached a letter of petition with the signatures from 37 homes on Paseo Navarro. SR:05:220 Page 5