Commission approves home childcare at 562 East Day Springs Lane with added fencing, license and operator conditions

The Washington City Planning Commission on Nov. 5 approved a conditional use permit (CDash25Dash09) for an at‑home childcare to operate at 562 East Day Springs Lane (applicant: New Awakenings 2), authorizing service from 7:30 a.m. to 5:30 p.m., Monday through Friday, with a maximum of 16 children.

Staff told the commission that the state’s licensing regime controls many operational requirements and that Washington City’s role is to ensure the use complies with local zoning and safety requirements. Staff summarized the proposal, noting it would occupy the basement and fenced backyard play area; staff added a specific condition (condition 8 in the staff report) requiring fencing to be installed along both side yards where the backyard transitions from the front yard because the current fence does not fully enclose the play area. Staff also referenced condition 5, which requires the operator to keep a copy of the approved Utah state license on file with the community development department.

During the public hearing the HOA president, Paul Almasan, read paragraph 21 of the subdivision CC&Rs, which states that "no commercial trade or business may be conducted in or from any lot" unless specified conditions are met; he said the HOA had denied the applicant twice. Neighbor Ralph Bobick raised vehicle stacking and child-safety concerns at drop‑off and pick‑up, particularly given nearby construction-related truck activity on Tortoise Rock Road. Staff advised the commission that Washington City does not interpret or enforce CC&Rs; staff said the city had verified a CC&R exists and that the commission may weigh that fact but cannot adjudicate HOA enforcement.

Applicant Dulce (Dulce) Sanchez spoke at the hearing and said she has more than 25 years of experience providing in‑home childcare, currently cares for five children (she said she was operating at a level permitted without the state license while the licensing process continued), and that she always uses supervision, required background checks and training, and will follow state and city requirements for inspections and safety. Sanchez said she prefers parent pickup and drop-off at the main entrance and will comply with staff and state rules.

Commission discussion focused on safety of the existing retaining walls, the need for side-yard fencing, traffic and stacking at pickup, the limits of the city’s authority regarding CC&Rs, and whether to tie a conditional use permit to the operator. Commissioner Anderson moved to approve the application with staff findings and nine conditions, adding that the side-yard fencing be block-wall or equivalent to match existing conditions, that the lower gate be secured with a padlock, and that the conditional use permit be tied to the applicant/operator (i.e., permit contingent on the operator maintaining licensing and meeting the conditions). The motion was seconded and carried by voice vote; commissioners recorded “aye.”

The approved conditions require (among other staff conditions): a current Utah state childcare license on file with the Community Development Department (condition 5); fencing on both side yards blocking access from the retaining walls to the backyard play area (amended condition 8); secure locking on the lower gate; and that the conditional use permit be tied to the applicant/operator while conditions and licensing are met. The commission’s decision allows the childcare to proceed subject to the conditions and state licensing; enforcement of CC&Rs remains a matter between the HOA and property owner.