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Ms. McGovern asked how many housing units per acre were located in this development? Mr. Iserson believed it was approximately 10 lots per acre. Ms. McGovern asked if the law prescribed any square footage requirement that was determined should be available for the number of children either in the backyard or the house? Mr. Iserson said the City could not impose this type of requirement. The State has a licensing bureau for daycare centers and enforces standards and use to grant licensing. Ms. McGovern asked if the City could grant a conditional use permit to an applicant who operated a daycare from an apartment with 11 children or a home with 11 children if the daycare center is in compliance with State Code? Mr. Iserson pointed out that the issues the City is responsible for and can deal with are limited by State law to traffic, parking, concentration of spacing, noise, and fire requirements. Mr. Thorne believed the only tool the City had available to enforce the conditions of approval was revocation of the conditional use permit. Mr. Iserson did not believe staff would go that far. If staff became aware of conditions that were not being followed, it would go through a process where staff would work with the applicant to bring the applicant into compliance. If this did not occur, staff could look at modifying the use permit to add additional conditions or further restrictions to the use permit. As a last resort, the City could revoke the use permit. In response to an inquiry by Mr. Thorne, Mr. Iserson said the expansion of 11 children into a large family daycare home is enforceable by the City. To staff's belief, there are no other large family daycare centers located within this neighborhood. Mr. Brozosky disclosed that he met with the applicants. Mayor Hosterman declared the public hearing open. Vilas Thuse, applicant and appeallant, thanked staff for its thorough work. His wife is a qualified, experienced licensed daycare provider and he and his wife support childcare and caring for children. Kids Planet is currently a legally licensed, small family daycare home and the age group of children vary from three to four months to three years in age; the majority are from this community. He noted that two important aspects drive families to locate in Pleasanton: (1) the School District and (2) availability of childcare. He noted that he and his wife had been operating the licensed small family daycare for two years at a previous location, and then moved into their current home in December 2004. When he and his wife were considering a large family daycare, their realtor stated that space concentration, noise, and traffic would be the main issues. He described the history of the purchase process and due diligence with the City Planning Department, including what occurred at the first and second public hearings of the Planning Commission. He believed the reasons for denial of his application at the second Planning Commission public hearing were attributed to the fact that conditional use permit findings could not be made due to the high density of the area; the site is not a single-family residential-zoned lot but a smaller lot zoned PUD-high density residential; the use would generate more traffic; the site is on a narrow, long looped private street with a blind corner Pleasanton City Council Minutes 8 02/07/06