SR 06:033 - Laserfiche WebLink

In regards to the creation and usage of flyers, Mr. Bolen stated that flyers are a reasonable way to communicate the expectation of common sense conduction and tends to ease neighbors' concerns. Additionally, staff touched on a few other topics that seem to be a recent focus of concerns: the use of common facilities, hours of operation restriction, and impacts on property values. Mr. Bolen confirmed that the City has been correct in the interpretations of the State Law that prohibits the City or the HOA (Home Owners Association) from restricting or imposing additional fees for the use of such facilities beyond what is enforced for other tenants/residences of the same development. The State Law also addresses the ability for HOAs to restrict the use of a property for a daycare facilities based on the CC&R's prohibition of home occupations. Regarding hours of operation, Mr. Bolen stated that the time restrictions placed on the use of out door playtime is acceptable and a common condition used by other jurisdictions. Being that the State Law allows for conditions to be placed on these types of applications when they are based in noise, traffic, or safety, it is reasonable to infer that the limitation of those hours is to regulate noise impacts. As for property values, Mr. Bolen stated that there has been not documented research showing an adverse impact on property values in areas in close proximity to childcare facilities verses those located away from childcare facilities. Additionally, he indicated that no disclosure was required for the neighboring properties prior to the sale of the property. Child Care Links On July 1,2005 staff spoke with a representative from Child Care Links. Child Care Links is an agency established to aid both city jurisdictions and applicants in understanding licensing regulations and provides training for parents and facility operators on childcare, nutrition, etc. This agency can aid the City in understanding the supply and demand ratio for an area and provide clarification on licensing standards. This agency should not be confused with Community Care Licensing, which is a division of services under the State Department of Social Services and handles the actual licensing of daycare facilities. In the conversions with the representative from Child Care Links, they have not seen any unreasonable conditions being requested of applicants for such facilities within the City thus far. It was commented that the City may choice to be silent on the hours of operations as far as the start and end times occur to avoid any perceived conflict with State Law, despite that the application may indicate self-defined hours of operation. It was also noted that hours of out door playtime could be regulated when grounded in mitigation of noise impacts. PDUP-8, Thuse Large Family Daycare 2