SR 06:033 - Laserfiche WebLink

The State legislature has determined that family daycare homes that operate under the standards of State law constitute an accessory use of residentially zoned and occupied property and do not fundamentally alter the nature of the underlying residential use. Furthermore, the legislature states that no entity or document (HOA, CC&Rs, or otherwise) can impose additional restrictions on or prohibit a residence from operating a daycare use (H&S ~1597.40 et. seq.). This legislature does specifically allow a landlord to require the daycare operator to carry additional insurance. A policy in the City's General Plan Public Facilities Element is to promote human services for people of all ages to those Pleasanton residents who are in need of assistance. This includes a program (16.2) to work with local, County, State, and Federal agencies to promote and support human services for people of all ages, including childcare services. Although the project site is located in a high-density PUD, the homes are detached, single-family homes with private yards. Staff acknowledges that the development has challenges associated with its site layout, but feels that the operation of a daycare facility at this location can exist harmoniously with the residential uses given the recommended conditions of approval. The City reviews applications for large family daycares in residential districts on a case-by-case basis. Staff does not feel that approval of this application would set a precedent for future large family daycare establishments in high-density developments, as there are situations where conditions of approval would not be able to mitigate impacts. Traffic The Municipal Code's standard for traffic control states: "Large family daycare 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 effict." Staff has been made aware of the existing parking and traffic issues as communicated by the neighbors and the Homeowners Association. Staff has conducted several site and neighborhood visits to ascertain the extent of the parking and traffic issues. Staff specifically monitored the morning drop-off period on two occasions. Stafffound that the traffic movements that were related to the existing daycare activity that caused concern were the use of neighboring driveways to do V-turns and the unloading of children at the curbside. The traffic volume in the neighborhood was moderate and was not solely generated by the existing facility. Staff did not witness more than one car dropping-off children at one time. The safety issues that have been raised by the neighborhood seem to stem mostly from the speeds at which all vehicles in the development travel, residents and non-residents alike. Staff notes that while the City can condition an application to mitigate impacts reasonably related to a project, it cannot require mitigations for issues beyond an applicant's control. Thus staff has drafted a SR:06:033 Page 5