Desk Item Letter (2019-10-17)LAWRENCE ROSS, TRUSTEE
ROSS LIVING TRUST dba L & R RENTALS
1.620 I-A PRADERA DRIVE
CAMPBELL, CA 95008
408.499.6604
October 17 ,2019
VIA EMAIL
Paul Kermoyan, Director
City of Campbell Community Development Department
70 N First Street
Campbell, CA 95008
RE: File No. PLN20L9-50, Springbridge International School - 7625W Campbell
Ave
Dear Mr. Kermoyan:
I received the October LL,2019 notice about the above-referenced application. As
an immediately adjoining landowner, I am writing to express my concern about the
proposed modification to the CUP, which proposes to allow up to 100 daycare age
students at the daycare center.
I am the owner ofthe building at L620 La Pradera Drive in Campbell, and have been
so for approximately 20 years. I operate my real estate investment and
management business at this location, and I decided to purchase in this location
because the surrounding neighborhood was comprised of a mix of compatible office
and residential use. The previous change in use of the building where the daycare
operates, from office use to daycare, has already impacted the noise level in the
neighborhood, and has affected my property particularly because I back up to the
outside play area of the daycare operation. The proposed increase in capacity at the
daycare center (almost doubling the currently approved daycare use) would
significantly increase the duration ofthe noise generated by the children playing
outside, rising to the level of a nuisance to my property and my business.
In the course of my business, I engage in multiple telephone calls and meetings on a
daily basis. An increase in the amount or duration of noise emanating from the
daycare facility would impact my ability to conduct my business in a professional
manner. The daycare's play area is adjacent to my property. The existing play area
is already insufficient to accommodate the total number of children currently using
the facility, and the children are forced to play in shifts. Adding 6 60/o more children
to the current capacity will require MORE play shifts to accommodate those
additional children, as evidenced by Attachment 5 to the Staff Report. In fact, The
Applicant proposes to have children playing outside in shifts from 9-10 am, 11 am -
PauI Kermoyan, Director
City of Campbell Community Development Department
0ctober 21,2079
Page 2
noon,2 - 3 pm and 4-5 pm. Thus, there will be playground noise for one solid hour
for 4 hours per day, during business hours.
Zoning Code section 21.36.070.D.2 provides that "no noise generated from the day
care use shall ... obstruct the free use ofneighboring properties so as to
unreasonably interfere with the comfortable enjoyment of the adjoining properties."
Although a condition ofapproval for the existing CUP requires that the daycare staff
monitor children to ensure that there are no extensive periods of play and/or
extreme occurrences of noise, in the past the instructors have used outside play-
time to lead the children in language drills in unison, which leads to a noticeable rise
in the decibel level. In those circumstances, I can easily hear the children chanting
while I'm inside my building, which appears to be a violation of the aforementioned
condition of approval. Furthermore, 4 shifts of one hour of playtime during
business hours can be considered "extensive periods of play".
Prior to establishing my business at this location, I practiced pediatric medicine in
the Santa Clara Valley for more than 40 years. As such, I dedicated a large part of my
life to the well-being of children in this area. I wish nothing but health and
happiness for the children using the daycare facility. However, I and my property
should not be unduly burdened with the nuisance caused by extended duration of
play time required by an insufficiently sized play area for the number ofchildren the
Applicant seeks to serve by modiffing the current CUP. I urge the Planning
Commission to deny the CUP Modification. Alternatively, I urge the Commission to
require, as a condition ofapproval for the CUP Modification, that the Applicant
install acoustical material in the playground area to reduce the noise level during
the play shifts.
Sincerely,-7
LAWRENCE ROSS