3A Public Hearing 2012 0221 - Laserfiche WebLink

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Excerpt of Draft Planning Commission Regular Meeting Minutes of .fanuary 19, 2012 Page S qf'6 propose exceptions to them. Considering his experience with the State law governing standards for Large Family Day Care operations, he said he's concerned that San Leandro's standards do not conform. Aside from technical and legal concerns, he said there's a practical issue involved when it comes to noticing. He emphasized that the State has not left jurisdictions much room to regulate these facilities. Thus, he said, the wider the notice, the more likely it is that more people will expect action on their objections, and they will be disappointed to learn that the City's doesn't have the latitude to do anything to satisfy them. Although in most cases he said that he favors broader noticing, in this instance it would create mischief through frustration and misunderstanding, so he'd recommend administrative issuance of simple permits to these facilities without noticing and appeals. Commissioner Dlugosh said he objects to expanding the noticing on the grounds that the process already is expensive, and additional postage would be only part of the increased cost.. He said that he could easily imagine adding $100 to $150 to a process that he thought was high at $420. He said that he was disappointed when the State forced jurisdictions to allow Large Family Day Care operations in residential areas without any community input in the first place, but even so, we should not impose such a big financial burden for minor changes when staff can handle them. Commissioner Fitzsimons said that he found Commissioner Rennie's background in this matter illuminating, because he wasn't aware of how little discretion the City has. Also, because no noticing is required of facilities that meet the standards, he agrees that notice need not be provided for exceptions either. Commissioner Rennie said that one thing about San Leandro's process that differs somewhat from other communities is the idea of exceptions to the standards. His concern is that the exception process in itself could well lead to people asking staff to exercise discretion in a way that they cannot. Commissioner Rennie also commended staff for the effort to improve the code. Commissioner Dlugosh suggested one motion recommending approval of the resolution that consolidates staff's proposed Zoning Code amendments, and another motion regarding the issue of Large Family Day Care operations' conformance with State standards. Motion to forward a recommendation to City Council to direct staff to review Zoning Code standards for Large Family Day Care operations for conformance with State law, and if not, to revise the standards accordingly for future consideration Rennie /Dlugosh; 5 Aye, 0 No, 1 Absent