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Commission approves home daycare capacity increase as state rules shift oversight
Summary
Sunland Park planners approved SUP260047 to raise a home daycare capacity to 12 children at 390 Posty (Salem Park). Staff said Senate Bill 96, effective July 1, moves some licensing and inspection authority to the state; the commission approved the application with staff conditions.
The Sunland Park Planning and Zoning Commission voted to approve SUP260047, allowing a home daycare at 390 Posty (Salem Park) to increase its capacity to 12 children.
City planner Arisa Riva told the commission the applicant submitted the application June 30 and staff recommended approval with conditions. "The applicant is requesting approval to increase home daycare capacity to 12 children," Riva said, and that public notice letters had been mailed to a 200-foot buffer with no responses returned.
Commissioners pressed staff about the impact of recent state legislation. A commissioner noted the timing: "That just happened not too long ago. On July 1, it went into effect." Riva said Senate Bill 96, effective July 1, changes local practice: the state will now handle certain licensing and inspections and the city will no longer require special-use permits for qualifying home daycares. "As per starting July 1, we're not gonna ask them anymore for special use permits," Riva said, and added that the city business coordinator will handle business intake and the state will take over some inspections.
Commissioners also asked practical questions about setbacks, the ages of children, drop-off times and traffic management; staff and the applicant said the state licensing visit will determine the final allowable occupancy and specific on-site requirements. The applicant agreed with staff's comments and confirmed she would follow the state's capacity determination.
After discussion, a commissioner moved to approve the special-use permit; the motion was seconded and passed on a roll call vote with all members voting aye.
The commission’s decision applies the staff conditions listed in the record. The matter will proceed as approved; no public comments were received during the hearing.
What happens next: with the commission's approval and state licensing changes in effect, the applicant will proceed with state inspections and any remaining local permitting steps noted by staff.
