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impede their ability to get somewhere in a timely fashion. He agreed with Councilmembers Sullivan and Thorne and believed the appeal should be upheld based on the cumulative impact of having three small family daycare centers within the Paseo Navarro neighborhood. He was disappointed that a compromise solution could not be reached as an outcome of the neighborhood facilitation process. Ms. McGovern mentioned that she visited the Suttons' Daycare Center and did not dispute how well the daycare was operated. She supported family daycare centers. as it is much healthier for children than institutional daycare facilities. She met with several of the Paseo Navarro neighbors and listened to their concerns. She believed a compromise between the Suttons and the neighborhood could be reached. She based her decision to support the appeal based on the fact that she did not believe the Planning Commission would have voted three to two to approve the application to expand the small family daycare facility into a large family daycare facility without the cumbersome 45-day meeting. She noted that staff mentioned that it would work with the community and the City's Traffic Committee to consider ways to improve traffic safety and reduce speeds around Paseo Navarro which meant to her that something more could be done and that there must be something going on within the neighborhood that staff believes it could help create a better environment on that street. Mayor Hosterman pointed out that while Mr. MacDonald referenced several appropriate sentences from Government Code Section 1597.46 the one section he neglected to reference was subparagraph two which states, "cities may grant a nondiscrectionary permit to use a lot zoned for single family dwelling to any large family daycare home that complies with local ordinances prescribing reasonable standards, restrictions and requirements concerning spacing, concentration, traffic control, parking, and noise control related to such homes." It is important to point out that the City has discretion to regulate these types of businesses. She noted that Pleasanton is a family-oriented City and Council recognizes that in-home family childcare is at a premium and is needed and supported as much as possible. It is extremely important for Council to balance the needs of the community for family care and also individual families' rights to have a business in their home without impacts to neighborhoods. It is important to balance this with maintaining the integrity of the neighborhoods and quality of life not only for the neighborhoods but also for the entire community. She concurred with comments made by Councilmembers Brozosky, McGovern, Sullivan, and Thorne and was disappointed that a compromise could not be reached between the Suttons and the Paseo Navarro neighborhood. She believed Council could revisit this issue in the future if the Suttons addressed some of the impacts to the neighborhood. She supported upholding the appeal. It was moved by Mr. Sullivan, seconded by Mr. Thorne, to adopt Resolution 05- 078, a resolution upholding the appeal of Case PAP-81, thereby denying the application of Patricia Sutton for Conditional Use Permit, as filed under Case PDUP-7. The roll call vote was taken as follows: AYES: Council members - Brozosky, McGovern, Sullivan, Thorne, and Mayor Hosterman NOES: None ABSENT: None ABSTAINED: None There was a break at 9:05 p.m. The meeting reconvened at 9:10 p.m. Pleasanton City Council 11 1 0/04/05 Minutes