PC 071305 - Laserfiche WebLink

into a business area. He expressed concern about the liability issues as they relate to the HOA a.nd the residents. He inquired what the age group of the children would be. Mr_ Thusa noted that they had three vehicles, one of which he used to drive to work at 7:30 a.m.; he generally came home around 9:00 p_m. He noted. that the second car was used by his wife and his college-aged son, who also worked in Dublin_ He noted that only one car remained at the home during the day and that one parking space was set aside for employee use. THE PUBLIC HEARING WAS CLOSED_ In response to an inquiry by Commissioner Roberts about the procedure i£ someone in Ruby Hills ~a gated com munity~ were to open a large daycare, Ms. Decker replied that the same analysis for that development would be performed. Access to the site through. the gate would be presented to the staff and analyzed in the application process_ In response to an inquiry by Commissioner Roberts regarding use of the common playground and pool, Ms. Decker understood that HOAs arc not allowed to restrict the use of the Facilities within the confines of the development_ Commissioner Fox noted that the most recent large family daycare application included conditions that required the car engine be turned off and that car horns may not be used. Ms_ Decker noted that it had been an oversight to not include them in the conditions and that they could be added. In response to an inquiry by Commissioner Yearcc regarding use of the common facilities, Ms. Nerland advised that State law specifically states that the HOA may not prohibit large fatriily daycare uses. There was also language about liability itisuratice_ There was do sped tic reference in the State law with respect to use and regulations of the facilities. If the I-IOA believes it has the legal authority to limit those or the number of guests a resident may bring to the facilities, they may explore that option. She noted that was out of the City's purview. Commissioner Arkin did not believe that the 60-70 decibel limit would be exceeded and added that the applicant indicated that the daycare would have infants and preschool c b i 1 dren. Commissioner Fox moved to make the required conditional use permit findings as listed in the staff report and to approve PDUP-A, subject to tbc- conditions of approval listed in Exhibit B as recommcuded by staff, with the following modifications that parents dropping their children off at the day care must turn their car engines off and not blow their horns and that the word "prohibited" be replaced by the word "discouraged" with respect to clients using the curb for parking_ PLANNING COMMISSION MINUTES July 13, 2005 Yage 7 of 15