Cooper Drive neighbors had appealed Planning Commission ruling

After learning none of the opponents of a large family day care at 580 Cooper Drive was present at Tuesday night’s meeting, Benicia City Council rejected their appeal of a Planning Commission decision affirming the issuance of a use permit to applicant Kristi Claverie.

Claverie and her husband, James, are moving from Gill Way because their landlord needs to move into his house.
Yamilet Alfaro-Gunion and Kathy McCrarey, who both live on Cooper Drive, filed the appeal to the Planning Commission’s unanimous decision made after hearing a previous appeal May 14.

The latest appeal centered on a balcony that was built four years ago and other construction work the appellants said was done without a permit by a previous owner of the rental home. The home’s current owner, working with city officials and contractors, is addressing that work to comply with conditions of approval for the permit, Principal Planner Amy Million told the Council.

Dan Marks, then interim Community Development director, initially took testimony on the permit request in a zoning administrator hearing March 10.

At that hearing, proponents cited Claverie’s clean record as an operator of a large family day care and said Benicia needs more high-quality operations like hers. Opponents expressed concerns about additional traffic in the cul-de-sac, Cooper Drive’s width and how a day care would be evacuated in an emergency.

Marks pondered their testimony 14 days, then authorized the permit March 24.

His decision was appealed to the Planning Commission by McCrarey and another neighbor, Paula Broome, and then to the Council by Alfaro-Gunion and McCrarey.

However, none of the opponents was present at Tuesday’s meeting, and the only testimony the Council heard came from city staff, Claverie and her supporters.

City Attorney Heather McLaughlin told the Council, “State regulations limit what a city can do” when considering an application for a home day care operation, which must be treated as any other single-family residence.

“I’m elated,” Claverie said after the meeting.

“I’m relieved and thankful. I’m glad I know the home is safe.”

She also expressed hope that the city would look follow up on Councilmember Christina Strawbridge’s suggestion to streamline the application process.

Acknowledging that the series of appeals had taken a financial and personal toll on her family — and had led to conflicts with neighbors — Claverie said, “I hope we can recover.”

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