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P16-1883/P16-0288, Chabad of the Tri-Valley Applications for Conditional Use Permit and Design Review approvals to operate a religious institution with a childcare facility/preschool and for site modifications including a playground and outdoor terrace at 3370 Hopyard Road. Zoning for the property is RM-2,500 (Multi-Family Residential) District. Associate Planner Jenny Soo presented the agenda report. City Attorney Dan Sodergren acknowledged comments received with regard to the federal Religious Land Use and Institutionalized Persons Act (RLUIPA) and said he had provided the Planning Commission with a confidential memorandum regarding legal advice pertaining to this application. Commissioner Ritter referred to Figure 1 and asked staff to identify where other daycares are located. Ms. Soo then pointed out nearby daycares in the figure. Commissioner Allen asked about General Plan versus zoning which are different. Ms. Clark responded that in this instance they are consistent because both the General Plan designation and zoning allow for the proposed use. In response to a question from Commissioner O'Connor, Ms. Clark explained that based on staff's calculations the Chabad property distance is 70 feet from the northern property line and about 108 feet to the nearest home. It would be about 83 feet to the nearest residence and about 20 feet between the home and rear property line of approximately 63 feet. Commissioner O'Connor asked about tenant improvements, specifically the conversion of the bathroom to one youth bathroom for 48 children, one bathroom with no separation for men and women for up to 120 individuals during events, and asked if this would be adequate and also meet zoning requirements. Ms. Clark replied that this issue would be resolved through the building permit process. The applicant will need to provide adequate bathroom facilities to accommodate all needs of the entire project, in accordance with the building code. Commissioner Brown asked about the RM-2,500 multi-family residential district zoning and if someone were to operate a day care out of their home, he asked what would be the limitation before a CUP would be required. Ms. Soo replied that the maximum is 8 children for small daycares and 14 children for a large daycare which requires City approval but no conditional use permit. Chair Nagler asked if there was anything out of the ordinary for this application. Ms. Clark replied that preschools and daycares are common throughout the city; most churches and religious facilities have daycare facilities associated with them. In response to Commissioner Brown, Ms. Clark stated not that she was not aware of any limitations to the number of people which may gather in a residential backyard at any given time. EXCERPT: PLANNING COMMISSION MINUTES, April 25, 2018 Page 1 of 7