REPORT TO THE ZONING ADMINISTRATOR
SUBJECT
Title
Proposed Project:
SPECIAL DEVELOPMENT PERMIT: to allow a childcare center providing preschool and after school care for 120 children within an existing 6,920 square foot building.
Location: 755 S. Bernardo Avenue (APN:198-16-006)
File #: 2019-7502
Zoning: C-2/PD
Applicant / Owner: JY International Education LLC (applicant)/ Atul S and Kusum A Sheth Trustee (owner)
Environmental Review: A Class 1 and 3 Categorical Exemption relieves this project from the CEQA provisions.
Project Planner: Cindy Hom, 408-730-7411, chom@sunnyvale.ca.gov
Report
BACKGROUND
The applicant previously submitted a Special Development Permit application for a child care center for 120 kids at this location. On November 28, 2018, the Zoning Administrator denied the application because of the potential noise impact related to the operations of the outdoor play area in proximity to residential uses. The Zoning Administrator found that the project did not meet a California Environmental Quality Act (CEQA) Categorical Exemption and warranted further environmental review.
The applicant redesigned the project and submitted a new SDP application for consideration. The revisions to the plans consist of the relocation of the outdoor play area to the front yard to comply with required noise standards, and reconfiguration of the parking lot and access.
Description of Proposed Project
The project site is located on a 0.87-acre parcel that is bounded by S. Bernardo Avenue to the east, Brookfield Avenue to the south, Citra Apartments to the west and north. The subject site is developed with a 6,920-square foot one-story commercial building, surface parking and landscaping along the perimeter of the site. The applicant is requesting a SDP to allow for a childcare center providing preschool and after school care for 120 children and installation of various site improvements. See Attachment 1 for a map of the vicinity and mailing area for notices.
Previous Actions on the Site
The building was previously used as a medical office for Obstetrics/Gynecology and Pediatric Care from 2003 to 2014. Since then, the building has remained vacant. There have been multiple requests to utilize the facility for child care or school. Most recent approvals included Miscellaneous Plan Permit for a cultural learning and educational center and small child care center. Both permits were never exercised.
ENVIRONMENTAL REVIEW
A Categorical Exemption Class1 Section 15301 and Class 3, Section 15303 (New Construction and Conversion of Small Structures) relieves this project from CEQA provisions. Under CEQA, two exemptions can be combined to exempt a project, and
each exemption is not required to cover the whole project, so long as the whole project is covered by the combined exemptions. The project entails the permitting of a child care facility within an existing 6,920 square foot office building. The project proposes a change in use of the building and installation of minor site improvements including a new trash enclosure, fencing, parking lot restriping and landscaping. Therefore, the project involves only minor site modification and negligible expansion of use
As discussed in the staff report, the expected noise levels associated with this revised project is in compliance with noise standards. Therefore, no further environmental review is required.
DISCUSSION
Proposed Use
The application is to allow for the operation of a child care center providing preschool and after school care for 120 children Monday through Friday between the hours of 8:30 AM to 6:30 PM. The proposed child care will also host periodic special events such as graduations as well as spring and winter celebrations.
Site Layout, Access and Circulation
The existing one-story building is located near the northeast corner of the site and is surrounded by parking and drive aisles on the south, west and north side of the building. Mature trees and landscaping are located along the perimeter of the site. The applicant does not propose any layout changes to the building and will maintain the existing building setbacks.
Site access and circulation is currently provided by two driveways on S. Bernardo Avenue and one driveway on Brookfield Avenue. The internal site circulation is provided by drive aisles. Pedestrian circulation is provided by public sidewalks along the street frontages and concrete walkways located on the east and south side of the building.
To accommodate safe and efficient pick-up and drop off operations, the applicant proposes the following site circulation modifications:
• Removal of the northern driveway on S. Bernardo Avenue and utilize a portion as outdoor play area.
• Convert the full access east driveway on S. Bernardo to a restricted access for only emergency vehicles by installing removable steel bollards.
• Reconfigure parking lot and directionality of the drive aisles, so that it allows for one-way in and out of the drop off zone. Parking spaces will be striped to indicate drop-off/pick-up spaces, which are located closest to the main entrance.
Additionally, Public Works staff is recommending the following public frontage improvement to ensure pedestrian safety (Recommended Condition No: EP-6, EP-8 thru EP-10):
• Modifying corner radius at the Brookfield Avenue and S. Bernardo Avenue intersection and reducing the crosswalk crossing distance.
• Remove and install new curb ramps at the northwest and southwest corners of the Brookfield and Bernardo intersection to comply with current development standards.
• Conduct a photometric analysis to determine street lighting meets current City’s Roadway Lighting Design Criteria.
Parking
The proposed project provides a total of 31 parking spaces. Based parking requirements for child care, 0.25 spaces are required for each child, which requires a total of 30 spaces. As proposed, the project complies with the parking requirements as demonstrated in the table below:
|
|
Uses |
Sq. Ft or # of Students |
Parking Ratio |
# of Spaces Required |
|
Previous Use |
Medical Office |
6,920 |
3.3 per 1000 |
23 |
|
Proposed |
Preschool/Child Care Center |
120 |
.25 per child |
30 |
|
Total number of spaces required for the proposed use |
30 |
|
Total number of parking spaces provided |
31 |
Trash Enclosure
The applicant is proposed to remove the existing trash enclosure that is on the northwest corner of the site and construct a new 203 square foot concrete masonry enclosure with a stucco finish and metal reveals. A roof cover is provided to conceal trash from the neighboring apartment buildings. The trash enclosure is proposed along the west property line. As proposed, it complies with the city’s design standards and servicing requirements.
Tree Removal and Landscaping
The applicant is proposing the removal seven protected trees that are located along the building frontage which consist of Australian Willow trees and Flowering Plum tree. A tree is deemed protected if the tree trunk measures 38-inches in circumference. One out of the six Willow trees is dead. The Flowering Plum tree is in fair condition. Staff supports the removal of the trees because the Willow trees have been topped in the past and are show declining structure and demonstrate poor shape. These type of trees are also prone to losing branches. Three of the six trees are located within the play area and can be potential safety hazard. The other Willow trees are located in front landscaping area that will be replace with 15-gallon Crape Myrtle trees and other plantings for design continuity and consistent with the planting theme for the site. Staff recommends the planting plan is revised to install 24-inch box Crape Myrtle trees along the Bernardo frontage to help make up the loss of tree canopy (Recommended Condition No. PS-4.
According to the City’s tree replacement standards, a total of (13) 24-inch box trees are required. As conditioned, the applicant will be installing a total of (11) 24-inch box trees and (4) 15-gallon size trees consisting of Chinese Pistache, Sycamore, and Crape Myrtle trees. As proposed, the enhanced landscaping improves the overall appearance of the site by adding different plant varieties, color, and texture.
The existing landscaping does not meet current minimum development standards and is consider legal, non-conforming. The applicant proposes to add approximately 2,471 square feet of new landscaping which improves the non-conformity.
The project site is unable to meet the parking lot shading requirement because majority of the parking lot is constrained by a 140-foot wide PG&E easement which restrict tall trees and structures. No trees are proposed for removal within the parking lot area and therefore, the proposed changes do not increase the non-conformity of the site.
Outdoor Play Area and Fence Wall
The applicant proposes to convert approximately 3,790 of existing paving into two play areas that will be improved with artificial turf, landscaping and metal wrought iron fencing. The outdoor play on the south of the building will be enclosed with a 4’ tall metal fence and a 6-foot tall metal fence for the outdoor play on the north side of the building. Both fences will include a metal mesh playground gate. Staff recommends a condition requiring the following (recommended Condition PS-2):
1. Install a 6-foot tall masonry wall along the west and north property line.
2. Install bollards to provide additional protection between the drive aisle and of the west corner of the playground on the south side of the building.
3. Fencing around the outdoor play areas shall be a 6-feet in height.
Architecture
The applicant proposes minor exterior building façade modifications, consisting of replacing existing storefront glazing with new windows and doors to match existing. The applicant is proposing a new door opening on the front elevation. This opening is required to meet building and fire safety regulations. As proposed, the building substantially maintains the original architecture and design.
NEIGHBORHOOD IMPACTS/COMPATIBILITY:
In terms of land use compatibility, the proposed project would be neighborhood-serving with the surrounding land uses consisting of residential homes and would be a complementary use to the nearby commercial establishments, churches and Cherry Chase Elementary School. The proposed child center would be compatible with other churches in the immediate vicinity in that the peak use of will not conflict with church services that typically occur during the evening and weekends.
Noise
The project would result in a minimal noise impact to the adjacent residential apartments. Based on the Noise Study prepared by Edward J. Pack and Associates, dated May 7, 2019, the project-generated noise levels and noise exposures will be within the limits of the City of Sunnyvale Noise Ordinance and Noise Element standards and within the allowable noise increases of CEQA policy. The playground noise levels will range from 51 to 60 dBA at the most impacted property line of the Citra Apartments to the west, from 52 to 56 dBA at the Citra Apartments first floor patios and upper floor balconies to the west, from 57 to 60 dBA at the Citra Apartments property line to the north and from 56 to 59 dBA at the Citra Apartments upper floor balconies to the north. Thus, the short-term playground noise levels will be within the 60 dBA daytime standard of the City of Sunnyvale Noise Ordinance at the common property lines and at the exterior living areas of the adjacent apartment complex. Noise from project traffic on the local road network is expected to be negligible due to the small size of the project and low expected traffic volumes, project traffic is expected not to add to the existing noise exposures.
Traffic
A traffic operation analysis (TOA) was prepared by AECOM, dated September 2018. Based on the TOA, the proposed child care center will not generate over 100 peak hour vehicle trips and is expected to add less than one car to the queues during the
peak hours. As such, the project will not negatively impact the level of service of adjacent roadways or generate operational issues with queuing of cars anticipated with the pick-up and drop-off operations. Furthermore, with implementation staff’s recommended improvements, there should be minimal impacts related traffic.
PUBLIC CONTACT
270 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. Two letters were received from the public by staff and included in Attachment 8. One comment provided concerns related to the environmental analysis and land use compatibility and the other comment letter expressed general support for the proposed use.
ALTERNATIVES
1. Approve the Special Development Permit with recommended Conditions in Attachment 2.
2. Approve the Special Development Permit with modifications.
3. Deny the Special Development Permit.
RECOMMENDATION
Recommendation
Alternative 1. Approve the Special Development Permit with recommended Conditions in Attachment 2.
Staff
Prepared by: Cindy Hom, Assistant Planner
Approved by: Noren Caliva-Lepe, Principal Planner
ATTACHMENTS
1. Vicinity and Noticing Map
2. Project Data
3. Recommended Findings
4. Standard Requirements and Recommended Conditions of Approval
5. Site and Architectural Plans
6. Noise Study
7. Traffic Operational Analysis
8. Comment Letters