REPORT TO PLANNING COMMISSION
SUBJECT
Title
File #: 2017-7430
Location: 1225 Vienna Drive, Space 251 (APN: 110-31-001)
Zoning: Residential Mobile Home (RMH)
Proposed Project: USE PERMIT for a Large Family Child Care home (LFCCH) in a mobile home.
Applicant / Owner: Happy Hearts Childcare (applicant) / Plaza Del Rey Owner LLC (owner)
Environmental Review: A statutory exemption relieves this project from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, Section 15274 (large family day care homes).
Project Planner: Aastha Vashist, (408) 730-7458, avashist@sunnyvale.ca.gov
Report
REPORT IN BRIEF
General Plan: Mobile Home Park
Existing Site Conditions: Mobile Home
Surrounding Land Uses
North: Mobile Home
South: Mobile Home
East: Mobile Home
West: Mobile Home
Issues: Compatibility of use with neighborhood, parking and noise
Staff Recommendation: Approve with the recommended Conditions of Approval in Attachment 4.
BACKGROUND
Description of Proposed Project
The proposed project is an application for a Use Permit to operate a large family child care home (LFCC) in a mobile home community (Plaza Del Rey). The proposed LFCC is located more than 300 feet from any other permitted large family child care home including the one approved by the Planning Commission within the same Mobile Home Park (Unit 546) on July 10, 2017 (2017-7321). Per SMC 19.58.020, Large family child care home means a family child care home for 9 to 14 children, including children under the age of 10 years who reside at the home, as defined by Health & Safety Code <http://qcode.us/codes/othercode.php?state=ca&code=heaampsaf> Section 1596.78(b), as amended from time to time.
City of Sunnyvale Municipal Code Section 19.58.060 requires that a Use Permit be approved by the Planning Commission for operation of a large family child care home in a permitted single-family dwelling in any nonresidential zoning district or in a two-family dwelling, multi-family dwelling or mobile home.
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
There is no previous related Planning application for this site. This is the second application ever received by the City for a Large Family Child Care Facility at a mobile home.
ENVIRONMENTAL REVIEW
This project is statutorily exempt from CEQA review under Section 15274 of the CEQA Guidelines, which applies to the establishment and operation of large family day care homes as defined in Health & Safety Code Section 1596.78.
DISCUSSION
Use Permit
The applicant currently operates a small family child care at the project site, providing care for four (4) 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 7:30 a.m. to 6:00 p.m., Monday through Friday. The applicant and her husband currently operate the small family child care facility and don’t expect to hire any employee(s).
Site Layout
As indicated in the submitted floor plan, the living room, dining room, one bedroom and one bathroom would serve as space utilized for the child care. The 192-square foot rear yard, which is fenced by a three feet high wooden fence from the adjacent properties, would function as outdoor recreation space. The subject site has trees located right along the side and rear property line (see Attachment 5). The trees along the left side property line also act as fence between the subject property and immediate neighbors that also helps in minimizing potential privacy and noise impacts to the neighbors. Six feet high fence along the property line will require the trees to be removed.
SMC 19.58.050 requires outdoor play area of a large family child care home to be enclosed with a 6-foot-high solid fence (property line fence is permissible), unless the neighbor adjacent to a section of the fence signs a waiver to exclude this requirement. All the three neighbors that share the property line fence adjacent to the outdoor play area have signed a waiver to exclude the requirement (see Attachment 8).
Parking and circulation
There are two unassigned parking lots with 16 parking spaces located within a 300 feet distance from the subject property. Proposed hours of operation would span 7:30 a.m. to 6:00 p.m.; however, the children will be enrolled on a full-time and part-time schedule with staggered starting and ending time, thereby, reducing potential congestion and competition for parking spaces (Attachment 6). The home owner would park inside the carport.
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. Landscaping separates the outdoor play area from the adjacent property to the right side. As mentioned before, all the neighbors adjacent to the outdoor play area have signed the Waiver from the City’s fence requirements and have not expressed any concerns about the proposed use (see Attachment 8). The City’s Neighborhood Preservation Division (NPD) has not received any complaints related to noise associated with the current small family day care operation at the subject property.
Privacy
Per the schedule of daily activities submitted by the applicant, children would play outside for approximately one hour at 11 a.m. and 4 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 yard.
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
§ 76 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
A community outreach meeting was conducted by the applicant on July 12, 2017 at the project site. Notices for the outreach meeting were sent out to neighbors within 300 feet of the property. Four persons attended the meeting including two immediate neighbors living at the mobile home located at the rear of the home. None of the attendees had any concerns and were supportive of the proposed use on the property.
CONCLUSION
Findings and General Plan Goals: The Staff was able to make the required Findings and demonstrate compliance with General Plan Goals, as demonstrated in Attachment 3. 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: Aastha Vashist, Assistant 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. Site and Floor Plans
6. Project Description Letter
7. Use Permit Justification
8. Waiver from Fence Requirement signed by the neighbors