February 15, 2005

 

 

 

 

SUBJECT:	2004-0922 - Ramasatya K Rao [Applicant] Jimmy R Chitwood Trustee [Owner]: Application for a Use Permit on a 6,598 square foot site located at 717 Old San Francisco Road in an R-0 (Low-Density Residential) Zoning District.  (APN: 209-17-045)
Motion	Appeal of a decision by the Planning Commission to deny a Use Permit to allow a large family day care to be located within 300 feet of an existing large family day care, for up to 14 children.

 

REPORT IN BRIEF     

 

Existing Site Conditions	Single-family home with existing unpermitted large family day care center.
Surrounding Land Uses
North	Single-family residential
South	Multi-family residential
East	Single-family residential
West	Single-family residential
Issues	Compatibility of Use with Neighborhood
Environmental Status	A Class 1 Categorical Exemption relieves this project from California Environmental Quality Act provisions and City guidelines.
Planning Commission Action	Deny the Use Permit
Staff Recommendation	Deny the appeal and uphold the decision of the Planning Commission to deny the Use Permit

 Project Site Map, click here  (jpg)

PROJECT DATA TABLE

 

 

Description of Proposed Project

 

The applicant has established a large family day care (LFDC) within an existing single-family home.  There is currently another LFDC home located two homes away at 721 Old San Francisco Road.  The Code prohibits the establishment of a large family day care home within 300’ of another similar use (Section 19.58.020) without approval of a Use Permit by the Planning Commission.  The applicant is seeking approval of a waiver of the 300 foot requirement.

 

Background

 

A Planning Commission hearing was held for this project on Monday, January 10, 2005.  After presentations by the applicant and discussion from the neighbors, the Planning Commission denied the Use Permit on a 6-1 vote.  The reasons cited in the denial were the concentration of large family day care facilities on the street and the impact on the property located between the existing LFDC and the proposed facility.

 

There were four members of the neighborhood who spoke against the project.  The concerns raised were the potential for additional noise and traffic and the possible degradation of property values from the concentration of having 2 LFDC facilities in close proximity to each other.

 

The applicant has since offered to make changes to the property in order to reduce the effect of the LFDC on the neighbors.  The changes include increasing the fence height between properties, adding a new front fence,  changing the back sliding door to a dual-panel door to reduce noise, limit the age of children to age 3 and have each parent sign a contract requiring them to park only on or in front of the subject property (see Attachment D).

 

Previous Actions on the Site: The applicant received a permit from the State Department of Social Services for a large day care center on July 29, 2004.  The applicant received City Fire Services sign-off on August 29, 2004, but did not obtain planning approval.  Neighborhood Preservation received a complaint on October 29^th about the use, after which time the applicant filed the subject application.  There are no other previous actions on site.

 

Environmental Review

 

A Class 1 Categorical Exemption relieves this project from California Environmental Quality Act provisions and City Guidelines.  Class 1 Categorical Exemption includes changes in use.

 

 

Use:  The Use Permit is required in order to grant a waiver to the limits in the placement of a large family day care home within 300’ of an existing LFDC home.  The applicant has a State license for either 12 children with no more than 4 infants or 14 children when 2 children are at least 6 years of age and with a maximum of 3 infants.  The LFDC home is operated by the owner of the residence along with one assistant.  The hours of operation are from 8:00 a.m. to 6:00 p.m. Monday through Friday.

 

Site Layout: The LFDC use will occur within four rooms in the house, along with the outside area in the rear yard.  There is no obvious presence of the LFDC use when the home is viewed from the street.

 

Parking/Circulation: The site is part of a diverse neighborhood along Old San Francisco Road.  Immediately adjacent to the subject property are existing single-family homes, while across the street are the Renaissance Apartments.  A shopping center is located approximately 500 feet east of the property.  Old San Francisco Road is a well-traveled road with on-street parking, marked bike lanes and two lanes of traffic.

 

The LFDC use allows parents to drop off their children anytime throughout the day during the stated business hours.  It is not the same as a school which has regular start times.

 

The applicant maintains 2 covered parking spaces and 2 uncovered spaces.  The LFCD can use on-street parking or the driveway for dropping off their children.  With two LFDC facilities located 50’ of each other, competition for curb side drop-off space may cause an inconvenience for neighboring properties.  The neighbor at 719 Old San Francisco Road mentioned at the Planning Commission hearing that there are times when parents park in front of their home for pick-up or drop-off of children from the LFDC facilities.

 

Noise:  The potential noise impacts on the surrounding neighborhood caused by having up to 28 children being cared for in two homes in close proximity to each other could be an issue.  The 300 foot requirement was established partially to protect property owners from the undue concentration of LFDC uses and the noise associated with those uses.  Staff has not received any complaints from the neighbors about the noise levels, but the neighbor at 719 Old San Francisco Road attended the Planning Commission hearing and mentioned that the noise from two LFDC facilities on either side is a problem.  The Code does not address day time noise not caused by machinery such as compressors or air conditioner units.

 

 

Notice of Negative Declaration and Public Hearing	Staff Report	Agenda
·         Published in the Sun newspaper ·         Posted on the site ·        347 notices mailed to the property owners and residents within 300 ft. of the project site	·         Posted on the City of Sunnyvale's Website ·         Provided at the Reference Section of the City of Sunnyvale's Public Library	·         Posted on the City's official notice bulletin board ·         City of Sunnyvale's Website ·         Recorded for SunDial

 

Staff has also received two written comments from the public, both opposing the project.  One comment was from the nearby permitted LFDC operator at 721 Old San Francisco.  His concerns related to parking issues and the affect of another LFDC so close to his business.  The second comment stated that one LFDC per neighborhood should be sufficient.

 

Comment on Appeal

 

The applicant has proposed a few changes to the property in order to minimize the effect of the LFDC on the adjoining neighbors.  These changes include raising the fence, adding dual-pane doors, adding a fence along the front property lines and requiring the parents to agree to park only in front of the property.  While staff agrees that these improvements may reduce the impact to the adjoining property at 719 Old San Francisco Road, the concentration of two LFDC facilities on the adjoining property is too intense, and staff cannot support the LFDC.

 

Conclusion

 

Compliance with Development Standards and Expected Impact on the Surroundings: The following section of the Sunnyvale Municipal Code applies to the proposal:

 

19.58.070.b.1- The Planning Commission may grant a waiver and associated use permit upon finding that a waiver would not be detrimental or injurious to the property or improvement, or uses in the immediate vicinity.

 

The project’s close proximity to an existing LFDC can be considered to be detrimental to the neighborhood, especially to the property located between the two facilities.  The impact on the area is lessened because of the multi-family apartments and commercial uses located nearby.  Old San Francisco Road is not a typical residential street but is a designated Residential Collector road with on-street parking and designated bike lanes.  The various uses located along Old San Francisco Road reduce the impact of a second LFDC on the area.  Prior to the Planning Commission hearing, staff was not aware of the adjacent neighbor’s concerns. Staff is concerned (as was the Planning Commission) about the impact of the second LFDC facility on the property in the middle of the two uses.

 

 

No fiscal impacts other than normal fees and taxes are expected.

 

 

Staff was unable to make the required Finding based on the justifications for the Permit.

·         Findings and General Plan Goals are located in Attachment A.

·         Conditions of Approval are located in Attachment B.

 

1.             Approve the Use Permit with attached conditions.

2.             Approve the Use Permit with modified conditions.

3.             Deny the Use Permit.

  

 

 

Recommend Alternative 3.

 

Reviewed by:

Trudi Ryan

Planning Officer
Prepared by: Andrew Miner, Associate Planner

Reviewed by:

Robert Paternoster
Director, Community Development 

Approved by:

Amy Chan
City Manager

 

Attachments:

A.     Recommended Findings

B.      Recommended Conditions of Approval

C.     Site and Architectural Plans

D.     Letter from the Applicant

E.      Letter from Other Interested Parties

F.      Planning Commission Minutes of 01/10/05       

 

 

Goals and Policies that relate to this project are:

 

Land Use and Transportation Sub-Element

 

N1.4.3 – Encourage and support home businesses that accommodate changing technologies and lifestyles, while remaining secondary to the nature of the residential neighborhood.

 

Housing and Community Revitalization Sub-Element

 

C.6.a – Continue to implement the home occupation regulations that allow businesses that do not affect the primary residential character of the neighborhood and that do not involve retail sales, large inventories, hazardous materials, or traffic or parking problems.  Such businesses may not be operated in the yard or garage.

 

Finding:  Although the proposed use is a desirable addition to the community, it could be materially detrimental to the public welfare or injurious to the property, improvements or uses within the immediate vicinity, especially the property located between the proposed facility and the existing one.  The larger neighborhood area includes several types of uses, including single-family, multi-family and commercial along a City Residential Collector street.  The large family day care facility would not negatively affect this entire area, but even with the applicant’s proposed modifications to the property, it would have an impact on the adjoining property. 

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