Legislative Public Meetings

File #: 19-1209   
Type: Report to Board/Commission Status: Passed
Meeting Body: Planning Commission
On agenda: 12/9/2019
Title: Proposed Project: Appeal of a decision by the Zoning Administrator to approve a Special Development Permit to allow a childcare center providing preschool 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: The Class 1, 3, and 32 Categorical Exemptions relieves this project from the requirements of CEQA. Project Planner: Cindy Hom, 408-730-7411, chom@sunnyvale.ca.gov
Attachments: 1. ZA Staff Reports of 9/25/19 and 10/16/19, 2. ZA Meeting Minutes of 10/16/19, 3. Appeal Letter Dated 10/31/19, 4. Response from Traffic Consultant, 5. Recommended Findings, 6. Recommended Conditions of Approval, 7. Public Comment Letter, 8. Staff Presentation 20191209 (19-1209)
REPORT TO PLANNING COMMISSION

SUBJECT
Title
Proposed Project: Appeal of a decision by the Zoning Administrator to approve a Special Development Permit to allow a childcare center providing preschool 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: The Class 1, 3, and 32 Categorical Exemptions relieves this project from the requirements of CEQA.
Project Planner: Cindy Hom, 408-730-7411, chom@sunnyvale.ca.gov

Report
REPORT IN BRIEF
General Plan: Commercial
Existing Site Conditions: Commercial building with surface parking and landscaping.
Surrounding Land Uses
North: Multi-family residential uses
South: Multi-family residential and quasi-public uses (across Brookfield Avenue)
East: Commercial buildings and uses (across Bernardo Avenue)
West: Multi-family residential uses
Issues: Noise and neighborhood compatibility
Staff Recommendation: Deny the appeal and affirm the Zoning Administrator's approval of the Special Development Permit subject to the recommended Conditions of Approval in Attachment 6.

SUMMARY OF ZONING ADMINISTRATOR ACTION
A Special Development Permit and Variance to allow a childcare center for the site and associated site improvements was first considered by the Zoning Administrator on November 28, 2018. The proposed project at that time included the outdoor play area along the west property line, adjacent to the existing apartment building. The Zoning Administrator denied the application due to potential noise impacts related to the operation 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 to meet ...

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