■ Planning Commission to meet Thursday to revisit day care approval
Benicia Planning Commission will hear an appeal Thursday of a decision to allow a large family day care to operate in a home at 579 Cooper Drive.
Interim Community Development Director Dan Marks initially heard a request to open the day care March 10 from Kristi Claverie and her supporters. He also heard objections from neighbors who worried that it would increase traffic on their street and cause other problems.
Acting as the city’s zoning administrator, Marks examined points raised on both sides before deciding March 20 to approve Claverie’s request to provide day care services for up to 14 children.
He modified his ruling March 24, saying the California Health and Safety Code requires regulations that apply to existing single-family homes also must apply to the proposed day care.
The day care, if approved, would operate from 7 a.m. to 6 p.m. Monday through Friday. A 30-minute allowance would be made for early dropoff and late pickup.
Residents of the house must park in the house’s garage or driveway, and employees, visitors and prospective clients must be parked legally on the street. To address noise concerns, no more than eight children would be allowed to play outside before 9 a.m.
Parents who are clients of the day care would need to sign a form that assure they understand parking, dropoff and pickup requirements.
Paula Broome and Kathleen McCrarey appealed Marks’s decision April 7, citing construction work on the home that was done without permits by a previous owner, Principal Planner Amy Million wrote in a report.
Million wrote that the appellants also aired concerns about fire and other emergency response, residency and conflicts of interest, and provided the city with the San Jose City Council policy on commercial day care.
Broome and McCrarey said construction work completed in 2010 and 2011 at the house was done without a building permit. But the current owners bought the home in June 2011, and told Million they had no knowledge of any work on a balcony and interior walls mentioned in the appeal.
In her report to the commission, Million wrote that Community Development staff is working with the current owner to document that part of the balcony construction meets code, explaining that the house’s owner would need a building permit as a condition of approval of the day care.
Million wrote that liability insurance for day care centers is a state requirement and not within the purview of the city, nor can Benicia’s decision-makers consider it in deciding whether Claverie should have a permit.
The appellants recommended Benicia follow San Jose’s policies and guidelines on child care, but Million wrote that here city employees and decision-makers must follow Benicia Municipal Code. “A large family day care in Benicia is subject to a use permit process,” she wrote. “This is the process that was followed.”
She wrote that if Benicia used guidelines similar to those in San Jose the required action would be an amendment to the Benicia Municipal Code to allow large family day cares by right without a use permit.
Appellants also reminded city employees about the history of grass fires near the neighborhood, and suggested that additional traffic could affect emergency response and evacuation.
“The California Health and Safety Code requires that large family day care homes be considered as single-family residences for the purposes of the building and fire codes,” Million wrote.
She explained that Benicia Fire Department examined Claverie’s request and gave preliminary approval Jan. 30. Subsequent inspections and approval are required before the state Community Care Licensing Division would allow her to operate the day care in that house.
Marks and fire department employees concluded that emergency access by first responders and evacuation of Cooper Drive wouldn’t be affected by the day care, Million wrote.
In addition, day care centers are required to have an emergency evacuation plan and meeting place, and Claverie said emergency drills are practiced twice a month at her current day care, at 130 Gill Way, to assure disaster readiness.
Broome and McCrarey also challenged Marks’s decision based on Claverie’s residency at 579 Cooper Drive, which is required by the state Health and Safety Code.
But Benicia’s authority is preempted by state law, Million responded. “The residency of the operator is overseen by the state, and is not within the purview of the city to deny a use permit based on residency concerns,” she wrote.
Million added that Claverie is trying to make a seamless transition of her day care business from its existing site to the Cooper Drive address. She explained that Claverie must remain on Gill Way until the proposed use permit is approved at the Cooper Drive house. “Therefore, the home at 579 Cooper Drive may be unoccupied and remain unoccupied until all the permits are granted,” she wrote.
Broome and McCrarey also asked that city employees and members of the commission disclose any personal or business relationships with Claverie that could be considered a conflict of interest. Million said that also is a requirement of Benicia Municipal Code.
Claverie provided her own responses to neighbors’ concerns, saying that Cooper Drive, at 35 feet, 7 inches wide from curb to curb, is wider than other streets where child care operations take place. Eaton Court is 32 feet, 9 inches wide, she wrote; Gill Way is 31 feet, 9 inches.
She provided photographs that suggested Cooper Drive has more parking than the other two streets, and videos showing that three cars passed the area from 7:11 a.m. to 8:52 a.m. one day, and seven cars from 4:10 p.m. to 5:21 p.m.
Claverie wrote that parents use mobile applications to keep track of their children at the center, which also minimizes dropoff or pickup overlap.
She disagreed that parents would block Cooper Drive during an evacuation, explaining that it would take them too long to get to the address. Instead, her center would comply with state mandates for an emergency evacuation plan and regular drills. Cribs with heavy-duty wheels are used to remove children from the house, and they are taken to a designated pickup site outside the neighborhood, she wrote.
Addressing noise concerns, Claverie wrote that a residential neighborhood’s ambient noise ranges between 40 and 60 decibels. She used a professional sound meter to determine that in a back yard, children who are at normal play make noise ranging from 48 to 55 decibels; if they are laughing or yelling, it increases to 57-65 decibels; and children screaming as loudly as possible can reach from 70 to 92 decibels.
But across the street, normal play is 39 to 43 decibels, loud laughing is 42 to 50 decibels and the loudest screams are 52 to 58 decibels. “Twelve children screaming as loud and as long as they could didn’t create enough decibels to even be outside a normal, busy neighborhood level as heard by the neighbors across the street,” she wrote.
Million recommended the commission deny the appeal, an act that could be appealed to the City Council.
In other matters, the commission will be asked to confirm the concurrence of applicant and appellant to add recognition that other Lower Arsenal operations produce dust and odors as a condition of approval of a use permit for a bed and breakfast at 963 Jefferson St.
Attorney Dana Dean had appealed the permit approval, but the commission upheld the granted permit. However, the panel had a lengthy discussion about impacts of neighboring companies on the bed and breakfast, including noise, odors and dust. But the commission failed to cover those elements in denying Dean’s appeal.
The property owner and applicant, Stephen David, said he would accept the revised condition of approval acknowledging his neighbors’ impacts.
The commission also will review its work plan and make suggestions for the City Council priority project list for the 2015-17 fiscal year.
The Planning Commission will meet at 7 p.m. Thursday in the Council Chamber of City Hall, 250 East L St.
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Good for them. There is NO WAY that should be allowed in a residential court. Get a dedicated business site (like Happy Hearts on Warwick has) or get into another line of work.
We take our youngest to a pre-school/daycare located in a private home on a cul-de-sac. They cater to about 10 families. Seems to workout fine for everyone. We are glad to have this option available, as the more commercial options are routinely more expensive. These private in-home pre-schools/daycares are much needed, especially in this day and age of two working parents. Here’s hoping Kristi Claverie rides out this storm.
And I’m sure you’d be totally OK with her being your neighbor right?
Actually, I would. You should see some of the neighbors I had to put up with over the yeares. This would be relatively benign, in comparison.
Oh and you don’t live in that cul de sac with the 10 children that are being taken and dropped off. You, I am sure appreciate the day care services but do not have to live in the cul de sac with the cars coming into your street. Got it. On your other point maybe you would and that is your choice but I will be affected and it’s my choice to not want this on our cul de sac. and fortunately this entire Cooper street are a very close knit group.
Oh and you don’t live in that cul de sac with the 10 children that are being taken and dropped off. You, I am sure appreciate the day care services but do not have to live in the cul de sac with the cars coming into your street. Got it. On your other point maybe you would and that is your choice but I will be affected and it’s my choice to not want this on our cul de sac. and fortunately this entire Cooper street are a very close knit group.
Agree with the neighbors on this one. If you want to run a BUSINESS, do it in an appropriately zoned area.
Childcare is supposed to be run from a residence. Community Care Licensing would not allow a family day care at the strip mall. Every kind of business has it’s place. Manufacturing businesses operate out of the industrial park. Retail businesses operate in commercially zoned shopping areas. Family childcare is SUPPOSED to be in a residence. Ebay sellers operate out of their homes.
Does it really make more sense to you to have a group of infants next door to a Taco Bell or an Auto Parts manufacturer?
Tsk, tsk….
Appropriately zoned area for family child care is in residential neighborhoods. If that’s your point, you actually DON’T agree with the neighbors.
Ebay home business is not the same a 14-19 children day care. No has state to put kid next to taco bell….take that off the table. The placement of this large Day CARE in a cul de sac is the point. Focus on this point.
“Childcare is supposed to be run from a residence. ”
Correct. A BUSINESS however is not.
Uh …
Exactly. Any appeal to reason or logic had been lost on them.
To home owners who live on a cul de sac and purchased your home at a premium to have less traffic, you have no rights to stop a Day Care on your quiet street, They have all the rights and free legal service to help them fight any residential resistance. They are rude and arrogant by stating to the COOPER DR residents “you can delay us, we have been through this before, IT WILL HAPPEN!”. Its a large scale Day Care with 14 children and the associated vehicles and traffic in our small cul de sac for 52 weeks each year every morning and evening. Why do they always meet resistance, homeowners do not want the traffic, the negative impact to home values. Other cul de sac home owners with the large day care on their street have come to us and stated these problems are real. They are elated they are moving. Do you think potential home buyers looking to move into a cul de sac would pick the house with the DAY CARE next door or the one without? They claim the DAY CARE (who only rent and do not own the home and have no stake in making home improvements like us as homeowners investing thousands of dollars) do not affect home values…HA!..GET REAL!! Until the Benicia Municipal Code is changed to NOT ALLOW Day Cares in a cul de sac’s, just like the CITY of San Jose has banned Day Care’s in cul de sac’s. The BENICIA CITY COUNCIL needs to LISTEN TO THE VOICEs OF THE BENICIA HOME OWNERS and its community not just the political depth of the Day Care groups. We, the home owners, should have rights and want the municipal codes to change to not allow Day Care in cul de sac’s. Our homes are our largest purchase in our life time and we have significant stake in our homes.We are paying out of our pockets all the appeal fees and will likely include lawyer fees, while day care has free legal services and can continue to fight with no fees. HOME OWNERS this fight could be yours one day should a day care come to your street. The city only notifies residents within a 100 feet circumference of day care….that may only be 2- 3 homes that receive the notice. If you have a concern come to the Thursday , 7pm May 14 Planning Commission meeting , City Hall Council Chambers. Appreciate any support you can give, write to the city council.
I am Kristi’s sister-in-law and also run a large license child care.
The city notified neighbors in a 500 foot radius, not 100. Your information is wrong.
When we bought the house on York Drive there were neighborhood concerns that the home values would go down. My family lived there first and then my mother Claudia moved in. There has been a large license daycare zoned and running there for the last 3 years. Home prices have gone up $200,000 for everyone on that street since we bought. That particular fear does not hold against reality.
Kristi has already invested thousands of dollars improving the Cooper house. Why? Because she wants to live in a nice house. Also she serves high end clients and their families who expect nothing less. The standards she maintains in her childcare and in her personal life are all extraordinarily high. She has already had several crews of helpers to re-landscape the yard and beautify the house. The point for “homeownership equals maintenance” is proven false.
Neighbors paying appeal fees. What was it? $100? Kristi has now paid roughly $12,500.00 in rent for a vacant house that neighbors won’t let her occupy. Please tell me again how you are financially burdened?
Neighbors were notified as a courtesy. Family child care is supposed to run from a residence. That’s how it works. Children OUGHT to be in a home environment.
Kristi and James currently live on a through street (GILL WAY) not a court.
A previous neighbor who actually lived on Eaton Court where Claudia ran a large family childcare for several years have testified that the traffic impact is hardly noticeable. James and Kristi are SO quiet in the evenings and on the weekends that the some of their current neighbors actually think they don’t live there.
I currently run a large license childcare in Vallejo. There was no three ring circus notifying neighbors and getting everyone in an uproar. The only neighbors who know that I do childcare are the neighbors who are immediately on my right and left…because I TOLD THEM, when they asked what I do. And they might see the babies going on their buggy walk in the morning if they were home from work during the day. There have been no complaints whatsoever and we are on very good terms with them.
How would you feel if your neighbors were allowed to dictate where you could or couldn’t live? Does discriminatory housing segregation still exist, as it seems Cooper neighbors would like it to? That will be decided at the hearing tonight. You’d think that the education and affluence that normally characterize Benicia residents would prevail over wild misinformation and fear mongering.
Your sister in-law Kristi called out to Amy Million of the planning commission that “notice is only required 100 feet not 500 feet” and would have preferred the 100 feet since Kristi quoted the city ordinance to Amy. By the way, you have the fee’s too low for the appeal. As for the $12,500 she has invested, it does not compare to the $100,000’s the surrounding neighbor’s have invested in their homes…sorry does not compare… Homeowner vs Renter. The Point you continue miss is cul de sac’s are not suited for DAY CARE. that is the point that is being stressed.
No one has said ONE word regarding the type of Day CARE you run, that is not the issue here.
What is relevant is a Large DAY CARE between 14 to 19 children should not be allowed in a cul de sac.
You are calling concerned neighbors a “three ring circus” , how unrespectful of you to make that statement, when we are only exercising the right to appeal. I am sure you would prefer no objections from anyone.. well we chose to appeal , and now this upsets you. You use the phrase “dictate” in where you live you miss the point, cul de sac are not a good location for Large day care, We choose to appeal.
She can occupy the house anytime she wants. Just don’t bring 60 cars per day with her.
Exactly.
60 cars —
More wild exaggeration.
Shame on you… To say she only serves “high end clients and their families”. What an elitist remark. I hope you are not sharing your value system with the children you care for. You need to go into time out.
“Kristi has now paid roughly $12,500.00 in rent for a vacant house that neighbors won’t let her occupy.” Maybe it’s time for Kristi to take the hint.
The neighbors need to take the hint. They’ve already lost.
How so? She hasn’t set up shop there. If I were Kristi, I’d cut my losses. Bad things are bound to happen if she stays.
Council will deny appeal unanimously. Exactly nothin bad will happen.
For your information there was an attempted break-in at Kristi’s house last night with someone pounding and yelling things at the door after midnight. The person then opened the side gate and went into the back yard triggering the motion lights. Kristi was home alone as my brother was on the annual Fathers and Sons campout with my husband and children. She is very shaken. This behavior has crossed the line and we will not tolerate it.
The police are now involved and they are looking very seriously at all of the Cooper neighbors based on the zoning drama in the public eye and incendiary comments and veiled threats here.
” Its a large scale Day Care with 14 children and the associated vehicles and traffic…..”
I’m wondering if folks are under the impression that 14 cars will show up exactly at the same time every day during drop-off and pick-up hours. Highly unlikely.
Not under that impression at all. It’s 28 daily car trips into the court, doors slamming, kids yelling, alarms beeping, etc… It’s too much. This lady should open up shop on Rose drive, not some court.
If anyone read the packet that the city planner prepared and submitted to the Planning Commission (it’s online) you would see where it shows the drop-off/pick-up matrix where no more than 3 cars are ever there at one time. Kristi’s driveway alone is large enough to accommodate her clients, let alone all the extra parking in front of her house. So this really boils down to the neighbors being upset over 3 cars…?
Also, the house next door to my large family child care just sold ABOVE the asking price. So there goes the property value debate.
“So this really boils down to the neighbors being upset over 3 cars…?”
Oh, I don’t think so. I think it boils down to 2 dozen cars coming in and out of the court between 6:30AM and 6:30PM every weekday for the rest of time.
Look, I understand a small daycare provider of 2-3 kids but FOURTEEN kids in a residential court is just too damn many. Again, if you want to run a business (which this is), set it up in a properly zoned area like Happy Hearts or Kindercare.
Overall home values are up. If you read any paper, the point buyers care if business of that size on a cul de sac. Funny how you who do not live on our street are very complacent, of course it’s not directly affecting you. You assume it’s 3 cars, until you live it you won’t know. Just like the soon to be ex-neighbors of the Gill location that are expressing how they are looking forward to not having the traffic.
Comment all you want from your quite street.
My son bought a house in Martinez that was next to a “Large Family Day Care” and he was able to get the asking price reduced substantially due to the day care next door. It was not even on a cul de sac. Thankfully the day care closed because it was awful. So much for your statement about not affecting property values. We have been to the Gill Way address and watched the children being picked up and believe me the parents did not show up one or two at a time. It was a congested mess. The residents of Cooper Dr. have every right to appeal and we plan to exercise that right as long as possible.
Oh that’s right you are the sister in-law. Your view point is clear and you run the same type of business.
Look. I don’t know who Yamilet Alfaro-Gunion is, and quite honestly his/her name is way too long and unpronounceable, but he/she is spot on. The Industrial Park is for BUSINESSES, Southampton is for RESIDENCES.
A small child care is up to 8 children, not 2-3. a large is 12-14. That’s a difference of only 4-6 children.
Family child care homes are different from child care centers. a child care home MUST be in a residential neighborhood. They aren’t allowed in commercial areas.
Neighbors that lived on Eaton court (which is smaller than Cooper) where her child care used to be already spoke up at the first hearing, saying that it DIDN’T negatively affect the court and that they’ didn’t even notice the additional traffic. but you ignored him and spoke over him.
When I tell people that a Large Day Care is coming to my neighborhood they all express their sorry and ask if we are doing everything to stop it. That is how popular your business is.
Kathy, every time I tell people I’m going to a hearing to defend a child care home they all express their shock that a neighborhood would be so against it and how all this time and anger should be spent preventing sex offenders from moving to a neighborhood, not a child care home. They also express their frustration at all the tax payers’ money being wasted on multiple hearings for something as benign as a child care home.
Benicia Neighbor, Curious, that you are afraid to include your name. For your information we already have a registered sex offender located less than a mile for the new day care address. Like it has been stated before it is our right to appeal and we will.
Kathy-
My guess is “Benicia Neighbor” is either the proprietor or friend of the day care in question. I’ve said it before and I’ll say it again. If they want to have that many kids then open a BUSINESS like Happy Hearts or Kindercare in a place that is zoned accordingly. NOT in a COURT.
I have the solution here. If you live near this house, rent out a room or an in-law residence to a sex offender. There is NO WAY that any parent would let their kid go to that day care in that scenerio.
per meagan’s law there is within .75 mil
I have to admit I’m a bit shocked by the outrage over this issue. My husband and I purchased our home and lived two houses away from a daycare for two years without ever noticing or being impacted by the daycare’s activities. This was on a court much smaller than Cooper, and it wasn’t until over two years later (when we were having a child) that we actually discovered the facility.
I also think it’s important to be honest about the arguments that are being presented, many under the guise that they’re “for the safety of the children.” In all reality, the daycare would potentially bring some change to this court, which is obviously very close-knit, and change is scary. To prevent this change, the neighbors are using everything within their power to slow the process and, perhaps, discourage Kristi from relocating there. This is, unfortunately, completely within their right, but I think when someone has gone so far as to contact the city arborist about dead trees in the front yard that “might” be dangerous for the children (who aren’t event allowed to play in the front yard), things might have spiraled a bit out of control.
And, while it may be frustrating, the state has taken a strong stance on allowing and encouraging these types of facilities in residential areas. They are NOT considered “typical” businesses and may ONLY be run in residential areas. It’s really comparing apples and oranges to compare them to a typical brick and mortar store.
This is a daycare for children under five years old being run by a licensed, trusted professional. It’s not a homeless shelter or a home for drug-addicted mothers. It’s a place for a limited number of children to play and learn, which hardly seems a danger to anyone.
I hardly think 14 kids is a “limited number”. Get it down to 4-6 and I’d have no problem with it. 14 is just WAY too many.
I did not see “outrage” behavior (definition:fury, anger, offend, incense, resentment). I saw everyone conduct themselves in a civil manner and simply voice their viewpoint, as both sides are entitled to. Coming as a group, unified to voice your view is not defined as outrage.
Only one person made an insulting remark which was completely inappropriate. That was the only outrage I heard calling residents voicing opposing opinion “crazy” among other impolite remarks.
The safety issues brought up are valid and in fact the home must be brought up to code, per the city inspector, and submit permit documents for structural work added, which hangs over the backyard play area.
The DAY CARE documents state “8 children at a time can play outside at one time” this is from the legal language of the DAY CARE’s doc’s, and the only reason the trees were brought up to the planning commission’s attention. Healthy trees have been toppled here due to high winds on this high hill which cooper dr was built on. It was confirmed by the city arborist those trees are dead and should be removed, Those trees can topple and no one can predict when.
The city council agreed several safety issue exists and will be reviewed by a city inspector. Electrical work was done by a minor under 16yrs of age, without an electrical license and no permit or inspection , that would concern most people who occupied that home.
No one has said a negative or disrespectful word towards the Day Care or the people who are in favor of the day care on cooper drive. There is no fear or anger from the cooper residence, and since you know none of the people on the street to make that comment, I will disregard it.
The Day Care has rights, we clearly know the state and city have a mandatory obligation to uphold those rights, no arguments on that point either. So just as you support the day care rights, the cooper drive residents just want to also exercise the only right they have, to appeal.
Really? REALLY???! You’re advocating for SEX OFFENDERS to move INTO YOUR HOMES as a feeble attempt to stop 14 of your community neighbors from driving up and down your street? You would rather have a rapist in your home than 14 3-year-olds in someone else’s backyard?? Are you hearing yourselves?
I have a good reason for withholding my name – I’m one of your neighbors on Cooper and I don’t want you to attack and ostracized me and my family the way you are this poor woman. My friends on this street have teenage kids. You think they would be happy with a sex offender living next door?
I know many of you, maybe not well but we’ve seen each other around over the years, and maybe I’m being a coward for not using my name but I’m sick to my stomach to think of what could really be bothering you so much about this situation that you would put EVERYONE’S family at risk by inviting in sex offenders to the neighborhood just to prevent a child care. This woman is obviously trying to follow all the laws and rules and codes just to keep her business open. She could have tried to fly under the radar like some of these other child cares we’ve had here but she chose to go through the proper channels to legally care for these kids. I doubt very much if we’ll have any significant problems from her. But intentionally bringing a sex offender into my neighborhood is a direct threat to me and my family. You want to start down that path then we will have problems and not just from me.
At least one of you is sane.
You have lots of fears. I am very sorry for you.
A lot of that area of Southampton was the old Braito Dump years ago. Have the proper toxicity tests been done on the soil? I do believe that Miss Claverie should have a certified soil test done on that property as well as lead paint tests inside.
Considering all the dangers in this neighborhood – high winds! Toxic soil! Alleged bad electical! – I’m surprised the residents are all so adamant about living there.
And, if a resident claims to have witnessed electrical work being done by a minor over four years ago, I would have considered that a danger to the entire neighborhood, not just this home. Surprised he wouldn’t have done something about it sooner to protect everyone in the area.
I don’t like most daycare environments, but I have personally visited Kristy Claverie’s daycare and it is the happiest place for little kids between age 1 and 6. They are learning and enjoying life. This place was like a yoga studio in comparison to all other daycares I’ve visited.. I felt calm and relaxed around the children, because everything was organized well and run smoothly and catered to the children’s need for learning within safe boundaries. If I were to put my child in a daycare, it would be one just like this. Unfortunately, I don’t know of any like this where I live so I feel sad that the ONE daycare that seems to be doing things perfectly is getting this kind of negative reaction. Those who are opposed to this daycare moving into their neighborhood should visit Kristy’s current location and see what it’s like before passing judgement.
People aren’t passing judgement on the quality of the day care itself. It is the 2 dozen+ car trips in and out of that COURT daily between 6:30 AM and 6:30 PM. If this woman’s intent was to buy this house to open a day care why did she not buy a house on Rose Drive where there is already heavy traffic?
My sympathies to the residents of this court. This lady needs to set up shop somewhere else. And regarding the comment about having a sex offender move into that neighborhood, I think that’s a great idea.
Expert trolling. “Set up shop.” Do the Cooper Drive neighbors think this guy has their best interests at heart?
Seriously?! First world “problems”! Wow Cooper residents, way to go on pursuing a full on onslaught of bully behavior! You should be so proud of yourselves. (Insert eyeroll) Ever heard of united we stand, divided we fall? Love thy neighbor? Brotherly kindness? Seriously, of all the problems in world THIS is what you focus all your time and energy on?! Absolutely pathetic. Get a life Benicia or rather start focusing on counting your blessings instead of tearing your community apart with negative nic picking! Ahh not a few cars and small children! Ahh the world is coming to an end! (Again insert eyeroll)