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STAFF RECOMMENDATION Staff recommends that the Planning Commission make the Conditional Use Permit findings and Design Review criteria within Exhibit A and adopt the attached Resolution approving Case Nos. P16-0288 and P16-1883, subject to the Conditions of Approval listed in Attachment 1 of Exhibit A. EXECUTIVE SUMMARY On April 25, 2018, the Planning Commission opened a public hearing to consider an application by Chabad of the Tri-Valley ("Chabad") for a Conditional Use Permit approval to operate a religious institution as well as a childcare/preschool, and for Design Review approval for site modifications including the installation of a playground and a terrace used for outdoor activities. At the public hearing, many members of the public, including residents of the Valley Trails neighborhood, representatives of the applicant, and members of the Chabad spoke, with comments received both in support of and against the proposed application. At the conclusion of public comment, the Planning Commission requested additional information on some items to be provided, suggested the applicant conduct additional outreach to neighbors, including a neighborhood meeting, and continued the public hearing. Consistent with staff's prior recommendation, and as previously outlined in the April 25 agenda report, staff recommends the Planning Commission approve the subject applications. Staff continues to believe the proposed uses, subject to the draft Conditions of Approval, some of which have been modified slightly to address comments and concerns raised, will meet the intent of the zoning district, will be compatible with the surrounding uses, and that the proposed architectural changes are consistent with the criteria included in the Pleasanton Municipal Code ("PMC"). PLANNING COMMISSION HEARING On April 25, 2018, the Planning Commission held a public hearing to consider the subject applications. Testimony both for and against the project was provided by numerous members of the public in attendance. Concerns expressed by the nearby residents were principally focused on potential noise and nuisance associated with outdoor activities including the number, size, and frequency of outdoor activities/events and use of the outdoor play area for the preschool. The applicant's representatives, while urging the Planning Commission to approve the project, submitted a letter from their legal counsel and verbally reiterated some requested modifications to several of the conditions that had been included in the draft resolution for approval. These requests and staff's response to them are discussed in the analysis section below. • Modification to Condition 11, to allow both windows and doors to be open during operation of the facility. • Modification to Condition 5, with respect to prohibition of outdoor activities beyond the patio and playground, to allow for the northern (rear) portion of the project site to be used as a "biblical garden" • Modification to Condition 7, to allow the proposed preschool playground to be located in the back (north) of the project site, rather than to the west side of the existing building P16-0288 and P16-1833; 3370 Hopyard Road Planning Commission Page 2 of 12