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City Planning Commission Members City of Pleasanton, CA. April 16, 2018 Page 3 temporary use that occurs during the week-long celebration of Sukkot, one of the three pilgrimage festivals of the Jewish year. According to rabbinic tradition,we build tent-like structures represent the huts in which the Israelites dwelt during their 40 years of wandering in the desert after escaping from slavery in Egypt. The rabbis of the Talmud stipulated that a sukkah should have at least three walls and a covering. The walls can be of any material, but should be sturdy enough to withstand an ordinary wind. The roof should be made out of thatch or branches, which provides some shade and protection from the sun, but also allows the stars to be seen at night. It is traditional to decorate the sukkah and hang fruit and fragrant plants inside. During the holiday, Jews traditionally spend as much time in the sukkah as possible. Weather permitting, meals are eaten in the sukkah, and some people even to choose to sleep in the Sukkah. No amplification or instrumentation of any kind at any service will be used — not only to accommodate the neighbors but also it is forbidden by Jewish law. We also intend to use the outdoor area, north of the building, for a preschool playground. The small playground has a capacity for 25 children. As noted above, everything we do at the Chabad has a religious purpose, including children playing outdoors. We believe that responsible play, as an educational tool, helps our children realize their responsibilities toward everyone else. We are aware that one neighbor objects to the outdoor use as a play area based on noise. In light of this objection, we have retained a sound specialist to perform a sound study to test the level of noise that would come from the little children playing outside. The study confirmed what we believed to be true: normal sound would come from the play area, the same sound that, who, performed a study that has been provided to you. Application of the Religious Land Use and Institutionalized Persons Act(RLUIPA) The reason for this letter, and my appearance at the Planning Commission meeting, is my concern is the lack of recognition of the implication of the Religious Land Use and Institutionalized Persons Act (RLUIPA) by the members of this honorable commission as this law is relatively new and unknown. In September 2000, Congress passed RLUIPA after it recognized the unique threat to religious liberty posed by certain categories of state action to address them. RLUIPA. RLUIPA's protections must be "construed in favor of a broad protection of religious exercise, the maximum extent," permitted by RLUIPA and the Constitution. RLUIPA is a federal statute enacted, among other reasons, to protect religious organizations against the effects of improper land use decisions. "RLUIPA is Congress's latest effort to protect the free exercise of religion guaranteed by the First Amendment from governmental regulation." Guru Nanak Sikh Soc'y v. Cnty. of Sutter, 456 F.3d 978, 985 (9th Cir. 2006). RLUIPA was designed to provide heightened protection for the free exercise of religion, especially in the area of land use and zoning regulation. Cutter v. Wilkinson, 544 U.S. 709, 714-15 (2005).