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THE CITY OF 20 CITY COUNCIL AGENDA REPORT pLE ASANTON® August 21, 2018 Community Development Planning Division TITLE: CONSIDER TWO APPEALS 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 APPELLANTS: 1. DARLENE AND MICHAEL MILLER 2. CHABAD OF THE TRI-VALLEY SUMMARY Chabad of the Tri-Valley ("Chabad") filed an application for a Conditional Use Permit (CUP) to operate a religious institution as well as a childcare/preschool, and for Design Review (DR) approval for site modifications including the installation of a playground and a terrace to be used for outdoor activities. On April 25, 2018, the Planning Commission held a public hearing to consider the applications. At the conclusion of public comment, the Planning Commission requested additional information and suggested that the applicant conduct additional outreach, including a neighborhood meeting. The April hearing was continued. On June 27, 2018, the Planning Commission held a second public hearing on the application. After detailed discussion on issues raised by both the applicant, neighbors, and others, the Planning Commission modified the draft conditions of approval, and approved the project on a 4:1 vote. On June 29, 2018, adjacent neighbors Michael and Darlene Miller filed an appeal. The Miller's letter of appeal is included as Attachment 2. On July 11, 2018, Chabad of the Tri-Valley also submitted an appeal. Chabad's letter of appeal is included as Attachment 3. RECOMMENDATION Staff recommends that the City Council adopt a resolution denying both appeals, thereby upholding the Planning Commission's approval. FINANCIAL STATEMENT No fiscal impact.