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THE CITY OF 25 •gym. : p.m.. 10 : :•rer"" CITY COUNCIL AGENDA REPORT pLE ASAN TON, April 16, 2019 Community Development Planning Division TITLE: CONSIDER TWO 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 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 June 27, 2018, the Planning Commission, on a 4:1 vote, approved Chabad's proposal, subject to conditions of approval, including refinements recommended by the Commission as a result of their review. The Planning Commission's approval was subsequently appealed to the City Council by adjacent neighbors Michael and Darlene Miller on June 29, 2018, then by the Chabad on July 11, 2018. On August 21, 2018, the City Council held a public hearing to consider the appeals. Just prior to the hearing, the Chabad and the Millers submitted proposed additional revisions to the Conditions of Approval, related to the allowable size, frequency, and location of outdoor events and activities, and to the design and operation of the proposed preschool playground, among other items. There was agreement between the two appellants on some of the proposed amendments, but differences remained on several major aspects of the project. Following public comments, and considering the two appellants' proposals, the Council continued the hearing to a date uncertain to allow time for staff to analyze the potential revisions to the conditions and formulate recommendations for additional modifications to the conditions if needed. In September 2018, staff received correspondence from St. Clare's Episcopal Church, raising, among other issues, concerns that the Chabad's proposed outdoor playground and patio could interfere with the Church's ability to execute its master plan.