REPORT TO THE ZONING ADMINISTRATOR
Title
File #: 2018-7376
Location: 755 S. Bernardo Ave. (APN: 198-16-006)
Applicant / Owner: JY International Group, Inc. (applicant) / Atul S. Sheth (owner)
Proposed Project:
SPECIAL DEVELOPMENT PERMIT: To allow for the operation of a 6,920 square foot child care center within an existing one-story office building and associated site improvements, including a new 6 to 8-foot-tall fence on a 0.87-acre parcel.
VARIANCE: to exceed the maximum 60 dBA daytime noise level associated with proposed outdoor play area. The increased noise levels occur at the second and third floor residential balconies located on the adjacent property.
Reason for Permit: A Special Development Permit is required for child care facility with occupancy of 31 or more children.
Project Planner: Cindy Hom, (408) 730-7411, chom@sunnyvale.ca.gov
Issues: Traffic, Noise
Recommendation: Approve with conditions.
Report
Background
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 project is also located near the Cherry Chase Shopping Center, which is further north of the site. The subject site is developed with a 6,920-square foot one-story commercial building, surface parking and mature landscaping.
The General Plan designation for the project site is Commercial and zoned as Neighborhood Commercial with the Planned Development (PD) Combining District. Surrounding land uses includes residential uses to the north, west and southwest, assembly uses to the south and commercial retail and services to the east and further north. See Attachment 1 for a map of the vicinity and mailing area for notices.
Previous Actions on the Project 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 as a 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. Related permits for the subject site are summarized below:
Previous Planning Projects related to Subject Application:
• 2017-7022 - Miscellaneous Plan Permit for a child care center with a capacity for 30 kids approved on 4/7/2017. (Never exercised)
• 2015-7786 - Miscellaneous Plan Permit for a cultural and educational center for 83 children approved on 2/18/2016. (Never exercised)
• 2003-0393 - Miscellaneous Plan Permit to allow for a medical office use. Approved on 6/10/2003.
• 2001-0750 - Special Development Permit to allow an office and college use within the existing building. Approved on 12/19/2001.
• 1979-0422 - Rezone to C-1/PD. Approved on 8/7/1979.
Neighborhood Preservation Complaint: None
PROJECT DESCRIPTION
The applicant is requesting a Special Development Permit to allow for the operation of a 6,920-square foot child care center within an existing office building. The proposed child care center would provide preschool services and after school care for 120 children between the ages of two years old and school aged children. The proposed hours of operation are 8:30 AM to 6:30 PM Monday through Friday. The proposed child care will also host periodic special events such as graduations as well as spring and winter celebrations.
The proposed project consists of interior modifications to allow construction of classrooms and ancillary space, as well as site modifications consisting of:
• Converting existing paved area to a 4,687-square foot outdoor play area and installation of play equipment and masonry wall ranging 6 to 8 feet in height along the east and north property line
• Reconfiguration of the parking lot and restriping
• Driveway modifications
• Installation of new landscaping
• Constructing a new concrete masonry trash enclosure
• Installation of public frontage improvements
DISCUSSION
Development Standards
The project complies with the applicable development standards in the SMC, such as setbacks, height, lot coverage, floor area ratio, parking, and landscaping, A Project Data Table is provided in Attachment 2.
Variance
The applicant is requesting a Variance to exceed the 60 dBA maximum operational noise level standard due to the proximity of the outdoor play area to adjacent residential balconies located 73 feet away. The playground noise levels will be up to 7 dB in excess of the 60 dBA daytime standard at the Citra Apartments balconies closest to the playground. Per SMC 19.42.030, operational noise shall not exceed seventy-five dBA at any point on the property line of the premises upon which the noise or sound is generated or produced; provided, that the noise or sound level shall not exceed fifty dBA during nighttime or sixty dBA during daytime hours at any point on adjacent residentially zoned property.
The applicant submitted a noise assessment study prepared by Edward Pack and Associates, Inc., dated November 8, 2018. The noise assessment study includes an analysis of traffic noise impacts to the school site and project-generated noise impacts from the playground activity to the residences adjacent to the west and north of the site.
The applicant is proposing to install a new masonry wall that ranges between 6 to 8 feet tall between the residential development and the limits of the outdoor play area to help minimize some of the noise impacts at the property line on the ground level. The project generated noise levels are summarized in Table 1 below:
Table 1:
Project Generated Noise levels
|
Location |
Project Generated Noise Level (dBA) |
Daytime Noise Limit |
Complies |
|
North Property Line |
58-60 |
60 |
Yes |
|
West Property Line |
57-60 |
60 |
Yes |
|
Citra Apt Balconies |
64-67 |
60 |
No |
|
South Property Line |
47-49 |
60 |
Yes |
The short-term playground noise levels will be within the 60 dBA daytime standard of the City of Sunnyvale Noise Ordinance at the first floor elevations to the west, all floor elevations to the north and all floor elevations to the south. The playground noise levels will be up to 7 dB in excess of the 60 dBA daytime standard at the Citra Apartments balconies closest to the playground. Findings for the Variance are included in Attachment 3.
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 and an area for new bicycle parking.
• 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 as 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. The trash enclosure is proposed along the western edge of the parking lot. As proposed, it complies with the city’s design standards and servicing requirements. Existing trees provide screening from adjacent residential development.
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. The Willow trees have been topped in the past and show declining structure and appear misshapen. One out of the six Willow trees is dead. The Flowering Plum tree is fair condition.
According to the city’s tree replacement standards, a total of (13) 24-inch box trees are required. The applicant is proposing to install a total of (21) 24-inch box trees and four 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.
SMC 19.37.040 requires a 10-foot landscaped buffer for any use in a nonresidential zoning district which abuts a residential zoning district. Landscaped buffers must be designed to include trees and shrubs which shall be placed along the length of the buffer at intervals not to exceed twenty feet; however, the approving body may grant exceptions as part of any discretionary permit when warranted by conditions on the property. The applicant is requesting to allow a continuation of an existing 4.5-foot landscape buffer along the west property line to allow for adequate site circulation and parking. The proposed outdoor play area provides the required 10-foot buffer that consist of grass and shrubs. The applicant is not proposing any trees within this planting strip. However, the adjacent property has existing row of mature trees that provides a landscape buffer.
Outdoor Play Area and Fence Wall
The applicant proposes to convert an existing paved area into a 4,687-square foot outdoor play area that includes various play equipment, artificial play surfaces consisting of a combination of artificial grass and rubberized surfaces as well as landscaping. Although the proposed project would locate a new noise source adjacent to residential uses, the location is supported by staff because the location would be buffered with a 6 to 8-foot tall wall and landscaping to help minimize the noise, provides a secured play area necessary for young children, and it does not impede site circulation.
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 balconies that are located approximately 73 feet away from the proposed play area. The noise impact would be limited to certain hours during the weekday which residents are typically away at work or school.
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
Based on the TOA, the proposed child care center will not generate over 100 peak hour vehicle trips and 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: 269 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.
Environmental Determination: A Categorical Exemption Class 1 (Existing Facilities) relieves this project from CEQA provisions.
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: Ryan Kuchenig, Senior 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