REPORT TO PLANNING COMMISSION
SUBJECT
Title
Action on Use Permit to Allow Outdoor Play Area for a New Child Day Care Facility at 1190 Benton Street
Report
BACKGROUND
The applicant is requesting a Use Permit to allow outdoor activity for a new child day care facility on two contiguous parcels zoned Downton Commercial (CD).The outdoor activity is proposed to occur at the rear of the combined 0.5 acre project site and would total approximately 3,500 square feet of outdoor recreation area. The project involves conversion of eight parking spaces at the southeast corner of the existing surface parking lot to a padded playground and use of the rear yard building setback to provide outdoor assembly and recreation area for use by children attending the daycare facility.
While child daycare is a permitted use in the CD zoning district, a Use Permit is required to allow outdoor activity as an ancillary use per Santa Clara City Code (SCCC) sections 18.40.040(a) and 18.38.040(c).
The project site is developed with an 8,435 square foot commercial building that was formerly occupied by KM2A Martial Arts and is now leased to Shalom Christian Academy LLC for use as a child daycare facility. The facility proposes to operate Monday through Friday from 8:00 a.m. to 6:00 p.m. with14 staff members and would provide state-licensed child care for up to 75 toddlers and pre-school aged children.
The proposed project would maintain the classroom layout of the previous martial arts use and does not include changes to the building interior. Other than replacement signage, the project does not include exterior alterations to the building. A wrought iron fence with retractable gate was recently installed to separate and protect the proposed playground area at the rear of the site from the parking field and driveway in the surface lot. The gate entry is required to allow emergency access to the rear of the property if warranted.
Surrounding Land Uses
The project site is a commerc...
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