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File #: 18-1052   
Type: Report to Board/Commission Status: Passed
Meeting Body: Planning Commission
On agenda: 3/11/2019
Title: Proposed Project: APPEAL by the applicant of a decision by the Zoning Administrator to deny: USE PERMIT to allow modification to a previously approved Use Permit (2012-7479 - Condition of Approval AT-1 and AT-7) to allow extended hours of operation (11:30 AM - 6:30 PM during school days and 8:30 AM-6:30 PM when students are on break) and outdoor play areas for the after-school educational enrichment facility, which with the proposed extended hours of operation would be considered a daycare use. Location: 1025 The Dalles (APN:320-11-010) File #: 2018-7519 Zoning: PF (Public Facility) Applicant / Owner: Sunny Chinese Learning Center (applicant) / St. Luke Lutheran Church of Sunnyvale (owner) Environmental Review: Class 1 CEQA Exemption (CEQA Guidelines Section 15301, Existing Facilities) Project Planner: Sh?tal Divatia (408) 730-7637, sdivatia@sunnyvale.ca.gov
Attachments: 1. Vicinity and Noticing Radius Map, 2. Standard Requirements and Conditions of Approval, 3. Previously Approved Use Permit No 2012-7479 (Staff Report and Final Conditions of Approval, 4. Information on Heritage Schools, 5. Noise and Mitigation Study, 6. Letter from the Applicant, 7. Public Comments Received, 8. Site Plans and Photographs, 9. October 10, 2018 Zoning Administrator Public Hearing Staff Report, 10. October 10, 2018 Zoning Administrator Public Hearing Meeting Minutes, 11. Appeal Letter from Applicant, 12. Applicant's Supplemental Letter, 13. Code Violation Summary, 14. Recommended Findings, 15. Staff Presentation 20190311 (18-1052)
REPORT TO PLANNING COMMISSION

SUBJECT
Title
Proposed Project: APPEAL by the applicant of a decision by the Zoning Administrator to deny:
USE PERMIT to allow modification to a previously approved Use Permit (2012-7479 - Condition of Approval AT-1 and AT-7) to allow extended hours of operation (11:30 AM - 6:30 PM during school days and 8:30 AM-6:30 PM when students are on break) and outdoor play areas for the after-school educational enrichment facility, which with the proposed extended hours of operation would be considered a daycare use.
Location: 1025 The Dalles (APN:320-11-010)
File #: 2018-7519
Zoning: PF (Public Facility)
Applicant / Owner: Sunny Chinese Learning Center (applicant) / St. Luke Lutheran Church of Sunnyvale (owner)
Environmental Review: Class 1 CEQA Exemption (CEQA Guidelines Section 15301, Existing Facilities)
Project Planner: Sh?tal Divatia (408) 730-7637, sdivatia@sunnyvale.ca.gov

Report
REPORT IN BRIEF

SUMMARY OF ZONING ADMINISTRATOR HEARING ACTION
This Use Permit was considered by the Zoning Administrator on October 10, 2018. A copy of the staff report is provided in Attachment 9 and meeting minutes of the public hearing are in Attachment 10.

The Zoning Administrator considered a request to modify the hours of operation and to permit outdoor play areas for the Sunny Chinese Learning Center. The Sunnyvale Chinese Learning Center is not a licensed child care or day care center; it is a "heritage school" that offers Chinese language instruction and cultural activities to school age children. Heritage schools do not need to be licensed by the state, but must comply with relevant local government regulations (Educ. Code Section 33195.4(f)).

The applicant proposes operating hours from 11:30 AM to 6:30 PM on days that public schools are in session and from 8:30 AM to 6:30 PM when schools are on break.

Several neighbors attended the public hearing and expressed their concerns for expansion of the use including:
* Noise exposure from kid...

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