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St. Clare's has indicated that they do not expect to move forward with their expansion for at least five years, which will allow time for Chabad to operate within the parameters of their project as approved, before having to contemplate revisions to it. Trash Enclosure St. Clare's letter also pointed that the Chabad is currently using St. Clare's trash enclosure to house their refuse containers, and that new mandatory recycling requirements will likely mean that St. Clare's will need to use the entire enclosure to house their required trash and recycling bins. Staff recognizes this concern, and as such, has included a condition of approval that will require Chabad to construct its own trash enclosure, unless an agreement can be reached between the two parties to construct, use and maintain a shared enclosure. ALTERNATIVES As noted above, it is staff's recommendation that the City Council deny the two appeals, and approve the project subject to modified conditions of approval. The following alternatives could also be considered by the City Council: 1. Uphold either or both appeals, and deny the project, without prejudice. This option would require Chabad of the Tri-Valley to submit a new, modified application. 2. Continue the public hearing to a date uncertain, and refer the item back to the Planning Commission for additional discussion and recommendations to address matters raised in the appeals. Following any additional recommendation from the Planning Commission, the City Council would take action on the appeals at a future public hearing. PUBLIC NOTICE Notice of this appeal was sent to surrounding property owners within Valley Trails neighborhood and within a 1,000-foot radius of the site. At the time this report was published, staff has not received any comments. ENVIRONMENTAL ASSESSMENT This project is categorically exempt from environmental review pursuant to California Environmental Quality Act Guidelines, Section 15301, Existing Facilities, Class 1. Therefore, no environmental document accompanies this report. CONCLUSION Staff believes the Planning Commission action to approve the project with modified conditions is appropriate. In particular, the modified conditions have responded to the concerns expressed by the neighbors. Adherence to these conditions will ensure that the safety and general welfare of the surrounding area is maintained. Staff believes that the proposed uses and site modifications would provide a service to the community and that the proposed location is appropriate, and therefore recommends the City Council deny both of the appeals. Page 12 of 13