REPORT TO PLANNING COMMISSION
SUBJECT
Title
Action on Use Permit for Agape Playschool / Learning Center to allow outdoor activity associated with a child daycare facility at 3700 Thomas Road
Report
BACKGROUND
The applicant filed an application on February 11, 2021 for a Use Permit to allow outdoor activity associated with a new daycare/pre-school in a commercial tenant space previously occupied by a daycare use that did not include outdoor activities. While indoor daycare activities are a permitted use on the project site, approval of a Use Permit is required to allow outdoor activities associated with the daycare use. The project application was deemed complete by the City’s Project Clearance Committee on June 29, 2021 and was reviewed by the Planning Commission at a public noticed meeting on August 25, 2021.
Following staff and applicant presentations, the Planning Commission discussed existing conditions surrounding the project site and expressed concerns for child health and safety related to air quality, noise, and traffic at this location. While there was no participation by the public (comments or emails) during the Planning Commission meeting, pre and post agenda emails were received in opposition to the project and provided to the Planning Commission for consideration. Following deliberation, the Planning Commission continued the project with direction to the applicant to examine existing conditions and incorporate measures into the project to address child health and safety concerns raised by the Commissioners for review at a subsequent noticed meeting date. The April 25, 2021 Planning Commission meeting minutes are provided as Attachment 2 and the Staff Report as Attachment 3.
DISCUSSION
Following Planning Commission direction, the applicant contracted with PlaceWorks, a planning, design and environmental firm, to perform noise and air quality monitoring and analyses of existing project site conditions and with installation of a traffic barrier (i.e. concrete masonry wall) on the project site between the outdoor play area and adjacent intersecting roadways. What follows is a summary of the two studies conducted by PlaceWorks provided as Attachment 5: Noise Technical Memorandum and Attachment 6: Health Risk Assessment. In addition, a Traffic Analysis discussion follows.
Noise Technical Memorandum
Noise monitoring was conducted during the afternoon/evening commute period starting at 4:00 p.m. on Thursday, September 16, 2021, which as expected identified traffic as the primary noise source, and measured 75 dBA Leq approximately 40 feet from the nearest travel lane to the project site on Montague Expressway. The noise level was then calculated to be 74 dBA Leq at the border of the outdoor play area 50 feet from the centerline, and the CNEL/Ldn noise level was anticipated to be comparable. Without a wall or barrier this exceeds the City’s Noise and Land Use Compatibility Noise Standard of 65 dBA CNEL for outdoor recreational activities, as cited in the City’s General Plan, and requires design measures to lessen exterior noise to an acceptable level. With the installation of a six-foot concrete masonry wall along the frontage of Montague Expressway and Thomas Road, it was calculated that traffic noise levels would be reduced by 9dBA to 65 dBA or less in the outdoor play area and fall within the compatible range of 65 dBA CNEL or less for outdoor recreational uses. The revised proposal includes the installation of a six-foot concrete masonry wall between the outdoor play area and project frontage and a five-foot wood fence separating the main driveway aisle through the site from the outdoor play area as shown on the Revised Development Plans - Attachment 12.
Health Risk Assessment (HRA)
This analysis was performed to evaluate mobile source air emissions and maximum concentrations in proximity to the project site using traffic data and air dispersion modeling and methodologies to quantify impacts associated with emission sources on individuals frequenting the day care facility. The mobile source of emissions being from vehicles traveling along Montague Expressway and Thomas Road and the dose and period of outdoor exposure to emission contaminants on children attending the day care facility Monday through Friday, 8:00 a.m. to 6:00 p.m. between the ages of 18 months and 4.5 years; a conservative methodology that assumed pollutant exposure for an entire 10 hour day. The purpose of which was to calculate adverse health risks of carcinogenic chemicals, noncarcinogenic hazards and criteria pollutant exposure and their measure with established thresholds of significance.
As noted in the applicant’s project description and HRA analysis the proposal is for use of an outdoor play area, associated with the day care activities, for twice a day for 30-minute periods between 10:00 and 11:00 a.m. and 2:00 and 3:00 p.m. Monday through Friday. The results of the HRA show that the calculations are below the significance thresholds established by the Bay Area Air Quality Management District and Office of Environmental Health Hazard Assessment. Based on the established thresholds, the assessment concludes that hazardous air emissions generated by emission sources within a quarter-mile radius of the project site are not anticipated to pose an actual or potential endangerment to children or staff at the daycare facility and that no mitigation is required.
Traffic Analysis
A Transportation Operation Analysis was performed by Hexagon Transportation Consultants Inc. for the proposed project and was presented in the August 25, 2021 Planning Commission Staff Report and included here as Attachment 7. In summary, the analysis noted that the project driveway is frequently blocked by northbound left-turn queues at the adjacent intersection under existing conditions during the a.m. and p.m. peak commute period. The analysis surmised that because the project would generate very few additional trips it would not exacerbate queues at this intersection and recommended that if on-site queuing is a problem, signage restricting outbound driveway traffic to right-turn only during commute periods can be applied. The analysis also examined student drop-off and pick-up schedules relating to on-site parking availability and determined that the drop-off period occurs before many of the businesses on-site are open and that the p.m. student pick-up schedule would coincide with the operating hours of those businesses. The traffic consultant recommends that the proposed daycare monitor on-site parking availability and if there is a parking shortage to stagger the student pick-up times. Attachment 11, Conditions of Use Permit Approval, incorporate the recommendations made by Hexagon as Conditions P5 and P6.
Planning staff requested review by the City’s Traffic Engineering Department of the report prepared by Hexagon as well as the proposed height, type and location of the proposed six-foot concrete masonry wall; and requested a report by the Police Department of the number of traffic incidents at the Montague Expressway/Mission College Boulevard/Thomas Road intersection over the last two years. Traffic Engineering concurred with Hexagon’s conclusions and recommendations and confirmed that the proposed six-foot concrete masonry wall does not pose a sight triangle of safety impact at this intersection. The Police Department reported that there were four incidents of traffic collision at this intersection for the requested review period, see Attachment 8.
Installation of six-foot masonry wall as a traffic barrier between the outdoor play area and project frontage was evaluated by Universal Structural Engineers, Inc. A copy of the report is provided as Attachment 9. As a condition of project approval the wall would be designed to meet California Building Code (2019) and American Association of State Highway and Transportation Officials specifications. In addition, the design details and supporting calculations are to be in the construction documents for plan check and building permit issuance.
ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from the California Environmental Quality Act (CEQA) per section 15303 New Construction or Conversion of Small Structures, in that the use proposes to convert an existing service aisle to a secured outdoor recreation area for learning and play involving a minor modification to the exterior of the structure.
FISCAL IMPACT
There is no impact to the City for processing the requested application other than administrative staff time and expense typically covered by processing fees paid by the applicant.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
On November 24, 2021, a notice of public hearing on this item was posted in three conspicuous locations within 300 feet of the project site and mailed to property owners within 500 feet of the project site. Planning staff has received public comments in opposition to the proposed project which are provided in Attachment 10.
RECOMMENDATION
Recommendation
Adopt a Resolution to approve a Use Permit to allow outdoor activity associated with a child day care facility at 3700 Thomas Road.
Staff
Prepared by: Debby Fernandez, Associate Planner
Reviewed by: Alexander Abbe, Assistant City Attorney
Approved by: Reena Brilliot, Planning Manager
ATTACHMENTS
1. Resolution Approving a Use Permit
2. Planning Commission meeting minutes of August 25, 2021
3. Planning Commission Staff Report of August 25, 2021
4. Project Data
5. Noise Analysis
6. Health Risk Assessment
7. Transportation Operation Analysis
8. Collision Summary Report
9. Traffic Barrier Structural Evaluation Report
10. Public Comments
11. Conditions of Approval
12. Revised Development Plans