City Council denies special land use for 12-child family daycare at 1818 Mortenson

The Berkeley City Council voted to deny a special land use request on March 3 that would have allowed a family daycare at 1818 Mortenson to expand from six to as many as 12 children.

The council’s decision follows a lengthy hearing that included presentations by city staff, the applicant and her attorney, and multiple neighbors. The council majority found that the application did not meet the special-land-use standard requiring that the proposed use be designed so that public health, safety and welfare are protected.

City planning staff described the request as a “brand new application” after a similar proposal was denied previously; staff noted the State of Michigan treats group home child care as a residential use but said the council must find that local special-use standards are satisfied. Director Kaplansky told the council the applicant offered two conditions with the new application: limiting all pickups and drop‑offs to Princeton, and restricting six of the 12 children to be walkers rather than being driven to the site.

Attorney Jerry Tesick, representing the applicant, said the home is licensed and has operated for six months with six children. Tesick argued the proposed conditions address prior concerns and that the operation has not caused negative impacts. “The applicant respectfully requests that the application be approved,” Tesick said.

Applicant Christina Delpizzo said she purchased the corner lot after being told by city staff the use was permitted and that she spent money renovating the house and installing a privacy fence. “I did in fact do my due diligence,” Delpizzo said, and she told the council Little Seedlings had passed its six-month state licensing inspection with no violations on Feb. 12.

Several council members pressed on parking and enforceability. Councilmember Baker said he was pleased with how the six-child operation had been running but was not ready to double the capacity without stronger assurance that off‑street employee and drop‑off parking would be adequate. The council’s motion to deny was made by Mayor Pro Tem Gavin and supported by Councilmember Black; Gavin said the property’s shallow driveway and narrow frontage left insufficient room for the off‑street parking the council wanted to see.

Neighbors opposed to the expansion argued the operation is incompatible with adjacent homes and expressed frustration with outreach. Colleen Estep, who lives on Princeton, said she had not been contacted directly and that community opposition remained. “No one has ever come and talk to me,” Estep told the council.

Supporters including the onsite licensee, Shelby Matuski, and other neighbors said families follow the rules and park on Princeton; Matuski told the council parents “have all been parking along the side of our house or across the Princeton,” and said she believed the business could expand without incident.

When the council voted, the motion to deny the special land use passed; the council did not adopt the applicant’s proposed conditions as part of an approval. The denial means the applicant’s request to increase the licensed group-home capacity at 1818 Mortenson was not granted.

The council also noted the planning commission had earlier recommended denial on the basis that the application failed the public-health-and-safety design standard. Staff said the current application was reviewed as a new matter and that public comment submitted at earlier hearings is not the basis for the present decision, though the applicants’ offered conditions were informed by earlier input.

The council record shows the applicant, attorney and licensee were present at the hearing and that multiple neighbors appeared to speak for and against the request.

The decision can be appealed under applicable procedures if the applicant pursues further review.

The council moved on to other agenda items after the vote.