SR 06:033 - Laserfiche WebLink

emorandum to the Planning Corn1Jion re: PDUP-8: Thuse Family Daycare iJ ugust 10, 2005 Page 2 00 is desired by the board of directors of the homeowners' association, staff can put the board in contact with the appropriate person at the Police Department. Traffic Safety Issues on Private Roads According to the Public Works Department, the curb-to-curb width of Genovesio Drive is 32 feet. Although perhaps narrower than public streets built at that same time, it is similar to most residential streets currently being constructed since the City introduced neo-traditional street widths complying with urban stormwater runoff requirements (e.g. Bernal Property). The minimum street width allowed within the City is 20 feet to provide for emergency vehicle access. As a private road, the City's Traffic Engineer would not have reviewed the road for sight distance or other safety concerns, particularly as a request for an increase from a small family daycare to a large family daycare would not generate a substantial increase in traffic. The homeowners' association could arrange for someone from the Traffic Engineering Department to look at the area and provide some preliminary thoughts or direction. If engineering or design services are needed, the homeowners' association may need to contract with a private traffic engineering firm. As an aside, in the City's experience, mirrors are often subject to vandalism or theft, and have not proven to be a cost-effective option at other locations in the City. Private Roads and FamiIv Davcares There are no specific state laws regarding family daycares located on private roads. The state laws that , we have previously discussed are: 1. State law prohibits restrictions on family day care homes on lots zoned for single-family residences, except as provided by state law. 2. State law voids provisions in a written instrument forbidding or restricting the sale, leasing or mortgaging of property for the use or occupancy as a family day care home for children. However, for rental properties, notice and consent of the property owner are required in some situations, and some increase in a security deposit is allowed. 3. In reviewing an application for a large family daycare home on a lot zoned for single family residences, a city can only consider reasonable standards concerning spacing and concentration, traffic control, parking and noise control (consistent with the local noise ordinance and taking into consideration "the noise levels generated by children"). 4. Family daycare homes are required to maintain liability insurance (minimum limit of $100,000 per occurrence/$300,000 total annual aggregate) or a bond of $300,000 covering clients and guests, unless affidavits are obtained from all parents. If common area facilities are used by the family daycare home (which would se~m to include private roads owned and maintained by a homeowners' association), the homeowners' association can request to be named as additional insured, but must pay for any additional premium.