REPORT TO THE ZONING ADMINISTRATOR
SUBJECT
Title
Proposed Project:
USE PERMIT: to allow a preschool use in an existing religious building with a maximum of 45 children. The project also includes parking lot improvements.
Location: 125 East Arques Avenue (APN: 204-35-030)
File #: PLNG-2026-0168
Zoning: R-0 (Low Density Residential)
Applicant / Owner: Amal Bey (applicant) / ST. MARK LUTHERAN CHURCH OF SUNNYVALE (owner)
Environmental Review: Class 1 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions.
Project Planner: Christian Mendoza, 408-730-7429, cmendoza@sunnyvale.ca.gov <mailto:cmendoza@sunnyvale.ca.gov>
Report
BACKGROUND
The project site is an approximately 1.02-acre rectangular shaped lot. The lot was developed in the 1950s and has operated as a place of assembly - community serving (church) throughout this time. Currently, there are four separate congregations that use the existing facility regularly on Tuesday, Thursday, Saturday, and Sunday.
Description of Proposed Project
The proposed project is the inclusion of a preschool (Boberown Christian Preschool) within an existing religious institution. The new use proposes sharing the space with the existing congregations with no overlap of operational hours on the site proposed throughout the week (see Attachment 6).
The project includes minimal tenant improvements in addition to making site modifications to the existing parking to meet current (2026) municipal code standards and adopted non-residential design guidelines.
A Use Permit (UP) is required to review a child care center use within the R-0 zoning district per Sunnyvale Municipal Code (SMC) Section 19.18.030.
See Attachment 1 for a map of the vicinity and mailing area for notices and Attachment 2 for the Data Table of the project.
Previous Actions on the Site
The earliest Planning record (Use Permit # 1244) is from 1965, which included an approval for the expansion of the church for new facilities, and a Variance for 54 parking spaces; which was considered deficient at the time. Subsequent planning permits from 2001 onward have been for a new shed, signage, tree removal permits, and special event permits; all of which were approved. In 2023 a new trash enclosure had been proposed (PLNG-2023-0204), however the permit was never concluded and in 2026 had been cancelled due to inactivity. There have been several building permits for upkeep and replacement of the existing mechanical units, kitchen equipment, and roofing on the site. There are currently no pending Neighborhood Preservation cases for this site.
ENVIRONMENTAL REVIEW
Class 1 Categorical Exemption (CEQA Guidelines, Section 15301, Existing Facilities) relieves this project from the California Environmental Quality Act (CEQA) provisions. Project does not propose any additions to the existing buildings.
DISCUSSION
Proposed Use
Boberown Christian Preschool is proposing a new preschool with 45 children and six staff members. The applicant is requesting a Use Permit to allow for the operation of the preschool in two existing classrooms of a total 1,681 square feet. The two classrooms are split between three groups: 2-year-olds (Group 1), 2 to 3-year-olds (Group 2), and 3 to 4-year-olds (Group 3). The details of the operations and schedules for each group are summarized in Attachment 6, Schedules of Existing and Proposed Uses, and Attachment 7, Applicant’s Project Description Letter.
The hours of operation are from 8:00am to 6:00pm allowing for a 30 minute setup and closing at the beginning and end of the day for the employees. The core program operates from 8:30 A.M. to 3:00 P.M. and the full program offers activities for an additional two hours and concludes at 5:00 P.M. The four other congregations that share the church site do not have overlapping hours as three of the congregations meet on the weekends, and one meets on Tuesdays and Thursdays at 7:30 P.M. to 8:30 P.M. after the preschool operations are closed.
The proposed childcare is regulated through the State’s Community Care Licensing program and would need to meet its requirements including ratio of teacher-to-child by age group. If there is an interest in increasing the number of children or teachers/staff, the applicant/business operator will be required to apply for a new Use Permit (UP) and would be subject to requirements in effect at that time.
Staff has also included a condition of approval to schedule special events beyond the hours that they have submitted so as not to impact on the adjacent residential neighborhood (see Attachment 4, Condition AT-2). The project meets all other development standards.
Existing Site Layout and Architecture
125 East Arques Avenue is situated north of Central Expressway at the intersections of North Sunnyvale Avenue and East Arques Avenue, and North Murphy Avenue and East Arques Avenue. The 44,600-square foot site has three frontages and is comprised of three rectangular-shaped single-story buildings connected by their roofs. The buildings are located closer to East Arques and North Murphy Avenues. The parcel also has an existing play area along North Murphy Avenue enclosed with a four-foot high chain link fence. The surrounding land uses include single-family residential uses to the east, west, north, and to the south is Central Expressway.
The site has ingress and egress access on both North Sunnyvale and East Arques Avenues. There is a separate ingress driveway to the west of the property from North Murphy Avenue. The parking lot is divided into two sections. On the northern side of the property angled parking stalls follow the one-way driveway aisle from North Murphy Avenue and leads to a larger parking area to the east. The larger parking lot is provided with angled stalls within the center of the lot with vehicle circulation surrounding the parking spaces(see Attachment 10).
Proposed Modifications to Parking
The existing surface parking lot has 54 parking spaces that was approved by a Variance in 1965, and the proposed parking lot re-configuration will consist of re-striping parking stalls to provide double lines one foot apart and for inches wide to make the sides of each space with a 16-foot-long line that has a rounded radius end. The reconfiguration also re-establishes a one-way drive aisle providing a 16’-8” aisle with 60 degree parking spaces that and vehicle circulation to meet current municipal code and non-residential guideline standards. This reconfiguration would reduce the number of parking spaces on the site to 42 parking stalls, maintaining 2 two accessible parking stalls on the site. Nine of the closest parking stalls would be reserved parent and guardian parking for pick up and drop off. Per SMC 19.46.100 a minimum of 0.25 parking spaces per student is required for child care centers, which results in 12 spaces for the use making the proposed parking compliant.
State Assembly Bill (AB 2097) prohibits public agencies from imposing minimum parking requirements for projects located within 0.5-mile of a major transit stop. This includes residential, mixed use, commercial, and industrial uses. This site is located within 0.5-mile range of the Caltrain station and so no minimum parking requirements are imposed for this project.
In addition, the project proposes one Class I bicycle parking and three Class II bicycle parking spaces meeting the municipal code requirements (SMC Section 19.46.150) which requires a minimum 5% bicycle parking spaces of the total number of vehicle parking spaces provided.
Pick-up and Drop-off Operations
As mentioned above, there will be nine short term parking stalls reserved for parent and guardian drop off and pick-up parking. All short term stalls are located directly adjacent to the north and in front of the classrooms. The parents and guardians are required to park their vehicles and sign in their child(ren) for drop off, and sign out for pick up. The drop off and pickup schedule starts at 8:30 A.M. and concludes at 9:30 A.M. The pick-up schedules are staggered dependent on if the child is enrolled as part of the core program or the full program. The Core program pick up begins from 2:50 P.M. and continues until 3:00 P.M. The full program schedules pick ups start at 5:00 P.M and concludes at 5:30 P.M. (see Attachments 5 & 6).
Outdoor Playtimes
The existing play area includes a 1,872-square-foot area along the western property line along North Murphy Avenue. The dedicated on-site play area is proposed for use by different groups during scheduled hours, as outlined in the project description. This area is limited to no more than 15 children occupying the play area at any one time (see attachment 6).
Architecture
No exterior changes to the existing building are proposed in this permit; any proposed signage will be provided as a separate planning and building permit.
Development Standards
Staff finds that the proposed child care use meets the required Use Permit findings. The use meets the General Plan policies that encourage a mix of uses that serve neighboring residential properties, complies with all development standards, and does not result in negative impacts to neighbors (see Attachment 3).
Guidelines for Commercial Child Care Centers
The proposed project is consistent with the city’s 2015 Guidelines for Commercial Child Care Centers. The use proposed is compatible with the adjacent neighborhood providing the residential neighborhood with child care services. The project site also meets the criteria for Residential locations as the site is located on a site larger than 9,000 square feet, provides adequate parking, re-establishes vehicle circulation and provides adequate outdoor activity area. The proposal is in a residential neighborhood that is also along two major streets so the use will not encumber vehicle traffic in the neighborhood.
Furthermore, the project offers adequate parking spaces for staff on site and accessibility for parking stalls. The drop off and pick up parking spaces are easily identifiable as they are located near the classrooms in the limited one-way direction of vehicle circulation. Both factors would also provide safe arrival and departure for children to the site. The outdoor activity space that is existing is fenced in and meets operational considerations (see attachment 3) The project has also provided a noise study that demonstrates that the exterior play area meets the acceptable limits of noise exposure per Sunnyvale general plan Chapter 6: Safety and Noise.
NEIGHBORHOOD IMPACTS/COMPATIBILITY:
Minimal neighborhood impacts are anticipated, as the proposed use complies with parking requirements. The adjacent parcels are low density residential and would benefit from having a nearby preschool in the vicinity. The use would also have specific allotted time for outdoor activities (see attachment 6). During events and noise generating activities involving music and classes, the doors and windows will be kept closed to minimize the noise impact on neighboring properties.
PUBLIC CONTACT
304 notices were sent to surrounding property owners and residents adjacent to the subject site in addition to standard noticing practices, including advertisement in the Sunnyvale Sun Newspaper and on-site posting. No letters or calls were received from the public by staff.
ALTERNATIVES
1. Approve the Use Permit based on the recommended Findings in Attachment 3 and with the recommended Conditions in Attachment 4.
2. Approve the Use Permit with modifications.
3. Deny the Use Permit.
RECOMMENDATION
Recommendation
Alternative 1. Approve the Use Permit based on the recommended Findings in Attachment 3 and with the recommended Conditions in Attachment 4.
Staff
Prepared by: Christian Mendoza, Assistant Planner
Approved by: Momo Ishijima, Senior Planner
ATTACHMENTS
1. Vicinity and Noticing Map
2. Project Data Table
3. Recommended Findings
4. Recommended Conditions of Approval
5. Site and Architectural Plans
6. Schedules of Existing and Proposed Uses
7. Applicants Project Description Letter
8. Applicants Use Permit Justification
9. Noise Study
10. Previous parking layout (2005-1098)