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Commissioner Brown disclosed that he has two children that attend St. Clare's preschool but he has no financial interest in the project and he also met with the applicant and with the Millers. THE PUBLIC HEARING WAS OPENED. James Schwartz, attorney representing the applicant, introduced Neil Newman and requested the Commission not look at previous commercial tenants in the building which rented the facility out extensively, and stated the Chabad is a house of prayer and education. He referred to the City Attorney's memo regarding RLUIPA and did not believe many of the restrictions that have been put on Chabad as a religious organization are the least restrictive and did not believe they comply with RLUIPA. Mr. Schwartz spoke to the layout of the property, said they are willing to accept the condition to move the playground to the west side of the property as staff requests but do not accept the fact that one-third of the property cannot be used at all. They propose a biblical garden in this location that would be used for small group contemplation, counseling and prayer. They are opposed to restriction of playground hours and do not agree with the condition that they cannot open doors or windows. He explained that Chabad has been using the building for two years for all kinds of events and there has never been a parking problem or complaint. They also have a parking agreement with St. Clare's Episcopal Church. He was opposed to Condition No. 52 relating to loitering which he thought was unconstitutional and which is not prohibited by city ordinance. Neil Newman, Director of Security and Building Development, Chabad of Tri-Valley, said he understands the neighbors' concerns given the Masons as previous tenants and questioned why the Chabad should be subjected to the negative reputation and commercial rental operations of the Masons. He provided support for the project and spoke to the character of the Chabad community, said they will improve the community and asked for the Commission's support. Rabbi Resnik introduced his wife, Frumah Resnik and briefly provided a historical account of the Chabad of Tri-Valley and described the use of the backyard area. Frumah Resnik spoke of the importance of early childhood years and the childcare center which is the foundation of every child's strength and involvement of families. The following individuals spoke in opposition to the application: • Stuart Flashman, attorney for the Millers, voiced opposition, spoke to provisions of the RLUIPA, questioned the maximum occupancy of the enclosed area, voiced concerns with the right to hold two large events per year with amplified music, 10-15 events for up to 120 people, BBQs, picnics, and other events spilling to the outdoors running up to 10 p.m., unlimited use of the terrace by groups of less than 25 people and without consideration of noise impacts. He said the only analysis of noise was for the preschool and he asked for balance. • Derek Watry, acoustical engineer hired by the Millers, argued that the Chabad noise study took an average reading and did not consider a maximum. He argued that large EXCERPT: PLANNING COMMISSION MINUTES, April 25, 2018 Page 2 of 7