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DA LTO N TO M I C N 719 Griswold St. Suite 270 • Detroit, Michigan 48226 P:313-859-6000 F :313-859-8888 • daltontomich.com Noel W.Sterett • 504 North State Street, Belvidere, Illinois 61008 P:815.986.8050 • nsterett@a daltontomich.com July 27, 2018 Pleasanton City of Council City Administration Building P.O. Box 520 Pleasanton, CA. 94566 I aa email, only. RE: Chabad of Tri-Valley California CUP Project No. P-16-0288 Dear City Council Members: In advance of the City Council meeting scheduled to take place on August 21, 2018, and as a follow up to our letter of April 17, 2018, which informed the City of its obligations under federal law, we write to appeal and oppose the unlawful conditions (set forth in Exhibit A to the Planning Commission Agenda Report of June 27, 2018)the Planning Commission has sought to impose on the Chabad's religious land use of its property at 3370 Hopyard Road. It is apparent from the June 27, 2018 Planning Commission Agenda Report that the Planning Commission has sought to impose conditions on the Chabad's religious land use which are not generally applicable to other similar uses in the community—a violation of the Chabad's constitutional right to equal protection and the Equal Terms provision of the Religious Land Use & Institutionalized Persons Act (RLUIPA), 42 U.S.C. § 2000cc(b)(1) ("No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution."). Further, as discussed below,a number of these conditions would substantially burden the Chabad's religious exercise in violation of RLUIPA's "substantial burden" provision which is discussed more fully in our letter of April 17, 2018. We write specifically to address the following unlawful conditions on the Chabad's use of its property: Condition No. 3 Limiting Outdoor Activities/Events to 15 per year According to the City's staff report and Table 1 of the June 27, 2018 Planning Commission Agenda Report, no other similar use in Pleasanton is subject to such an unreasonable limitation of their outdoor activities or a cap on the number of outdoor activities in which they are allowed to engage.