CCMIN04162019 - Laserfiche WebLink

24. Presentation of proclamation recognizing April as Fair Housing Month Councilmember Narum invited Tanya Corona, Eco Fair Housing, to the podium and presented her with a proclamation recognizing April as Fair Housing Month. 25. Public Comment - None PUBLIC HEARINGS AND OTHER MATTERS 26. PUBLIC HEARING: Consider appeals of Michael and Darlene Miller and Chabad of the Tri-Valley of the Planning Commission's approval of a Conditional Use Permit and Design Review for the operation of a religious institution with a childcare facility/preschool and for site modifications including a playground and terrace for outdoor activities for Chabad of the Tri-Valley located at 3370 Hopyard Road. Planning Manager Ellen Clark presented details of the report addressing a summary of the matter, previous Council consideration, site description, location and zoning, site plan, parking, proposed operations, Planning Commission consideration and conclusions, basis of appeals, and discussion topics. She reviewed draft conditions of approval, requested modifications and recommendations under each topic including Maximum Facility Occupancy, Outdoor Events, Small Outdoor Gatherings, Outdoor Amplification, Playground Design, Operations; Other Fencing, and Use of Buffer Area. In addition, she addressed St. Clare's Master Plan consistency, the Master Plan/Chabad overlay, staff recommended changes and discussed the February 11, 2019 revised Site Plan and recommendations. Mayor Thorne referenced the fence around the play area and thought it had been revised to only one side. Planning Manager Clark stated a six-foot fence is required around the perimeter of the play area. It was noted the goal is to have the required fencing around the play area, it would be wooden on the north side, and the fencing material along the three other sides would be at the applicant's discretion. Councilmember Brown referenced the Miller's request relative to the use of the small patio and asked whether staff recommends not setting any time limits. Planning Manager Clark stated staff did not recommend a change to the morning start hours. Councilmember Brown requested clarification regarding capacity of the total use versus the outside area. Planning Manager Clark reported capacity could be a total of 250 of which 120 could be outside. She added the 250 limitation would be five times a year, out of the fifteen, through a Temporary Use Permit (TUP). A TUP would allow for a maximum of 250 people, on-site. Councilmember Brown requested clarification on access by children from the building to the outside play area and Planning Manager Clark reported there would be a gate where children would exit the building, walk along the site and enter the playground area through a gate. She added that when the building plans are provided, the Chief Building Official and Fire Marshall will pay close attention to that area to comply with the Fire Code. In response to Councilmember Pentin's question regarding conversations with the Chabad relative to events where no one drives. Planning Manager Clark reported staff factored a proportion of their congregation to walking. Additionally, she stated this application would supersede the Masons' prior approval. Councilmember Pentin asked whether there are other religious organizations where there is a limitation of 250 people, five times a year, it was noted this project is being considered from an impact perspective, site specific and is a CUP subject to this location. The City does have restrictions on other facilities and locations associated with parking, noise and compatibility issues. Councilmember Pentin stated concerned about the five times per year limitation noting the community is growing and he worried the City is limiting their growth. Additionally, he expressed concern with the outdoor area limited to twenty-five people. In City Council Minutes Page 4 of 20 April 16, 2019