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ATTACHMENT 8 EXHIBIT "''1 ( " PDUP-8. Vilas & Meeha Thuse Application for conditional use permit approval to expand an existing small family daycare facility into a large family daycare facility of up to 14 children at 5276 Genovesio Drive. Zoning for the property is PUD-HDR (Planned Unit Development - High Density Residential) District. Ms. Decker summarized the staff report and described the history and layout of the project The neighbors had been particularly concerned with the enforcement of traffic laws on the private road, Ms. Nerland advised that with respect to the enforcement of traffic laws on private roads, the Police Department does not enforce the California Vehicle Code's traffic laws with citations for moving violations such as speeding, illegal maneuvers, etc. Typically, private developments will hire private security companies to be enough of a presence to address both security and traffic- related issues. She noted that the inability to enforce traffic laws on private property and private streets does not mean that the Police Department lacks the authority to enforce other kinds of criminal laws, There is a mechanism in the California Vehicle Code by which the City Council can adopt an ordinance or resolution allowing the enforcement ofthe Vehicle Code on certain private roads after noticing and hearing requirements are followed; this is often utilized on private roads on commercial establishments that are typically open to the public, such as Stoneridge Mall. Ms. Nerland noted that with respect to safety issues on private roads, Public Works states that the curb-to-curb width of Genovesio Drive is 32 feet, with 20 feet as the minimum street width allowed within the City in order to allow emergency vehicles to pass, Although this street may be narrower than other public streets of the same vintage, it is similar to most residential streets currently being constructed given federal stormwater management requirements, With respect to private roads and family day care facilities, Ms, Nerland stated that State law prohibits restrictions on family day care homes on lots zoned for single-family residences, except as provided by State law. State law also voids provisions in a deed or CC&Rs forbidding or restricting the sale, lease, or mortgage of property for use or occupancy as a family day care home. In reviewing an application for a large family day care home on a lot zoned for single- family residences, the City may only consider reasonable standards concerning spacing and concentration, traffic control, parking, and noise control as set forth in the City's ordinance. Lots that are zoned PUD, but act like a typical single-family residential district, are a gray area; State law does not specifically address that situation. Ms. Nerland advised that this subject property is zoned PUD High Density Residential and is on a lot of approximately 3,500 square feet. The City's densest single-family residential district is R-1-6,500 with a minimum lot size of 6,500 square feet. She noted that this was a unique zoning situation, and staff feels that if the Planning Commission so desired, an argument could be made that the State statute would be inapplicable and that the City has greater authority to place conditions to address impacts in the higher density situation. EXCERPTS: PLANNING COMMISSION MEETING MINUTES, August 10, 2005 Page I of 4