SR 06:033 - Laserfiche WebLink

APPEAL Mrs. Thuse has submitted a letter of appeal that states her belief that the project meets the State requirements and City standards for operation of a large family daycare home at this location based on the recommended conditions of approval, with which she is in agreement. Additionally, she feels that the approval ofa large family daycare issued for a duplex on Stone Pointe Way provides a precedent by which to also approve this application. Her appeal letter also questions the City's ability to deny her request based on the traffic issues associated with a private street and states that the meeting minutes did not fully note or record all the information that was discussed during the meeting. As a final point of appeal, Mrs. Thuse feels that she and her husband did due diligence by contacting the Planning Department regarding the process to operate a large family daycare prior to the purchase of their home. DISCUSSION Per the State legislature, in reviewing large family daycare facilities, 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 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 S 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. SI8.124.240). Several neighbors expressed concern over land use conflicts in relation to the small-lot, high-density development, an increase in traffic, unsafe traffic movements, general safety, and parking. Staff has analyzed the impacts of the project and its conformity to the required findings per the PMC. Land Use/General Plan/Leeal Issues The State of California Planning, Zoning and Development Laws mandate that large family daycare homes be considered as a single-family residential land use with respect to occupancy requirements. Furthermore, the State legislature has declared its intent to limit the amount of regulation that is imposed on daycare facilities and that they are encouraged to be located in residential neighborhoods. It is also the public policy of the State of California to provide children in family daycare facilities the same home environment as provided in a traditional home setting. SR:06:033 Page 4