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Minutes <br />Planning Commission <br />January 11, 1984 <br />Page 7 <br />Mr. Harris announced that January 1, 1984 law was enacted which makes it much more <br />difficult to deny applications. He stated that previously the City did not regulate childcare <br />for six or less children. The law has been changed to say that if they meet certain standards <br />approval has to be granted for daycare centers for up to 12 children without benefit <br />of public hearing unless appealed and that applications will be handled administratively. <br />The City currently is working on proposed City regulations concerning daycare. <br />Commissioner Lindsey asked if the applicant had waited a couple of months, she wouldn't <br />have had to come before the Planning Commission at all. Mr. Harris stated this is correct. <br />Frank Huehne, 453 San Gabriel, spoke against the proposal as he wanted the integrity <br />of the residential neighborhood maintained. He felt that 12 children would create <br />a noise problem. <br />Commissioner Lindsey asked if Mr. Huehne's property abutted the residence of Mrs. <br />Cox. Mr. Huehne said it did not but was very close but because of the hilly nature of <br />the area that noise would carry. <br />Acting Chairman Wilson stated that with the existing State law there is not too much <br />choice but to approve the application. He asked staff if a condition could be put on <br />the use permit to require review in one year. Mr. Harris stated it could. <br />Jack Hovingh, 4250 Muirwood Drive, spoke for the daycare center. He felt that with <br />the industrial and other growth in the City childcare is necessary. <br />Mr. Cox, 5794 San Antonio street, stated they have never had a noise complaint and <br />they started taking care of children in June. Acting Chairman Wilson asked if the Coxes <br />had a large backyard. Mr. Cox said it is just under one-half acre in size. <br />The public hearing was closed. <br />Commissioner Lindsey asked if a review period could be stipulated. Brian Swift stated <br />the use could be reviewed for noise or other concerns. Commissioner Lindsey asked <br />if the applicant still had to receive a license from the State. Mr. Swift stated they <br />do. <br />A motion was made by Commissioner Lindsey, seconded by Commissioner Getty that <br />case UP-83-58 be approved as findings shown in the staff report are made and that <br />this approval is subject to the conditions shown in the staff report. The conditional <br />use permit shall be reviewed in one year by the City Staff. <br />ROLL CALL VOTE <br />AYES: Commissioners Getty, Lindsey and Acting Chairman Wilson <br />NOES: None <br />ABSENT: Commissioners Doherty, Arrigoni and Chairman Jamieson <br />ABSTAIN: None <br />Resolution No. 2414 was entered and adopted approving case UP-83-58 as motioned. <br />-7- <br />