REPORT TO PLANNING COMMISSION
SUBJECT
Title
File #: 2016-7621
Location: 791 Durshire Way (APN: 309-29-057)
Zoning: R-0 (Low Density Residential)
Proposed Project:
USE PERMIT: to allow a large family child care home within 300 feet of another large family child care home.
Applicant / Owner: Li Liu (applicant / owner)
Environmental Review: Class 1 Categorical Exemption, Existing Facilities
Project Planner: Momoko Ishijima, (408) 730-7532, mishijima@sunnyvale.ca.gov
Report
REPORT IN BRIEF
General Plan: Residential Low Density
Existing Site Conditions: Single-Family Residence
Surrounding Land Uses
North: Single-Family Residence
South: Single-Family Residence
East: Single-Family Residence
West: Single-Family Residence
Issues: Compatibility of use with neighborhood, traffic, parking and noise
Staff Recommendation: Approve with conditions.
BACKGROUND
Description of Proposed Project
The proposed project is an application for a Use Permit to operate a large family child care home (LFCC) within 300 feet of an existing permitted large family child care home. City of Sunnyvale Municipal Code Section 19.58.060 requires that a Use Permit be approved by the Planning Commission for establishment of a LFCC home within 300 feet of another. A permitted LFCC home operates within a single-family home within 300 feet of the subject property located at 746 Durshire Way (Attachment 5). The applicant is seeking approval of a Use Permit for waiver of the 300-foot separation requirement.
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
This project was continued from the Planning Commission meeting of September 12, 2016, due to a noticing error. The neighbors were re-noticed with the new Planning Commission meeting date.
ENVIRONMENTAL REVIEW
A Class 1 Categorical Exemption relieves this project from California Environmental Quality Act provisions and City Guidelines. A Class 1 Categorical exemption includes permitting of uses at existing facilities.
DISCUSSION
Use Permit
The applicant currently operates a small family child care at the project site, providing care for six (6) children. Establishment of a small family child care home is exempt from permitting requirements related to location in residential zoning districts. The applicant is now requesting to expand the current operation and establish a large family child care in order to provide care for up to fourteen (14) children. As proposed, the hours of operation would run 8:00 a.m. to 6:30 p.m., Monday through Friday. The applicant expects to retain two part-time employees.
Site Layout
As indicated in the submitted floor plan, the living room, family room and one bathroom would serve as space utilized for the child care. The rear yard, which includes a shaded play area, would function as outdoor recreation space. No modifications to the home are proposed.
Parking/Circulation
The existing structure satisfies the parking requirements for a single-family home, providing two covered and two uncovered parking spaces (Attachment 6). The driveway, in addition to nearby on street parking, would be made available for drop-off and pick-up of children. Proposed hours of operation would span 8:00 a.m. to 6:30 p.m.; however, morning drop-off would take place between 8:00 a.m. and 10:00 a.m., and evening pick-up would occur from 4:00 p.m. to 6:30 p.m., thereby reducing potential congestion and competition for parking spaces (Attachment 6). The home owner would park inside the garage.
Due to availability of parking and staggering of drop-off and pick-up times proposed, staff anticipates parking capacity to be adequate, and expects the proposed use not to result in adverse impacts related to parking demand or traffic congestion in the surrounding neighborhood.
A permitted large family child care home is located in a single family residence at 746 Durshire Way, whose property line lies 300 feet of the proposed child care home.
No other LFCC homes are located on Durshire Way or on adjacent streets within 300 feet; staff does not consider the proximity between the existing and proposed LFCC to constitute an overconcentration.
Noise
Children’s outdoor recreation and activities would take place in the rear yard of the proposed large family child care home, with the potential for generation of noise that could impact adjacent properties.
Sound produced by children at a large family child care home is not subject to operational noise limitations as contained in the Sunnyvale Municipal Code. The 300-foot separation requirement for LFCC use was established in part for the purpose of reducing noise impacts associated with groups of children concentrating outdoors. The combined operation of two facilities whose property lines fall within 300 feet of one another may result in higher noise levels detectable at adjacent properties. Landscaping, multiple homes, as well as a road (Grackle Way), separate the existing LFCC at 746 Durshire Way from the proposed project site.
The City’s Neighborhood Preservation Division (NPD) has not received any complaints related to noise associated with either the current small family day care operation at the subject property or the large family child care home at 746 Durshire Way, located within 300 feet.
Privacy
Per the schedule of daily activities submitted by the applicant, children would play outside for approximately one hour at 10:30 a.m. and 4:00 p.m. Outdoor activities would be continuously supervised by staff, who would ensure that children respect surrounding residents and refrain from generating excessive noise. Only small play structures would be located in the rear yard, preventing children from peering into adjacent properties. Photos provided by the applicant indicate that fences located along the side and rear yards measure approximately six feet above ground level.
Fiscal Impact
No fiscal impacts other than normal fees and taxes are expected.
Public Contact
As of the date of staff report preparation, staff has received no comments from the neighbors.
Notice of Public Hearing:
§ Posted on the site
§ 64 notices mailed to property owners and residents within 300 feet of the project site
§ Posted on the City's official notice bulletin board
Staff Report/Agenda:
§ Posted on the City of Sunnyvale's Web site
§ Provided at the Reference Section of the City of Sunnyvale's Public Library
CONCLUSION
Findings and General Plan Goals: Staff was able to make the required Findings and demonstrate compliance with General Plan Goals, as demonstrated in Attachment 3.
Conditions of Approval: Recommended Conditions of Approval are located in Attachment 4.
ALTERNATIVES
1. Approve the Use Permit with the conditions in Attachment 4.
2. Approve the Use Permit with modified conditions.
3. Deny the Use Permit.
RECOMMENDATION
Recommendation
Alternative 1: Approve the Use Permit in accordance with the Findings found in Attachment 3 and Conditions of Approval in Attachment 4.
Staff
Prepared by: Momoko Ishijima, Associate Planner
Reviewed by: Gerri Caruso, Principal Planner
ATTACHMENTS
1. Vicinity and Noticing Map
2. Project Data Table
3. Recommended Findings
4. Recommended Conditions of Approval
5. Map of Nearby Large Family Child Care Homes
6. Site and Floor Plans
7. Letter from the Applicant