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5. Except for the playground and outdoor terrace areas, no outdoor activities or events of any size shall take place elsewhere on the project site. Maintenance of the site including landscaping is not considered an outdoor activity/event. 8. The outdoor playground shall only be used by the childcare/preschool. The playground shall not be used when childcare/preschool is not open for business.The outdoor playground shall be occupied by a maximum of 24 children at any one time and shall only be used from 10:30 a.m.-12 p.m. and from 3-4 p.m. Staff's response: The applicant was concerned that the limitations of these conditions were too restrictive, because among other reasons, it would not allow the Chabad to use a third of its property. The applicant also suggested, during his verbal comments, the desire to use the northern (rear) portion of the project site as a "biblical garden." While the two conditions do restrict use of outdoor areas, they nonetheless aim to seek a balance between mitigating noise concerns expressed by the neighbors, and allowing for reasonable use of the outdoor terrace for the Chabad's events, and the playground component for the daycare/preschool. As noted above, applications for similar uses reviewed by staff were generally silent on outdoor uses, making it difficult to provide a comparison between this project and other approvals. As also discussed, the total number of outdoor events has been tailored to correspond to information provided by the applicant on the number of outdoor religious events and holidays that occur annually. Condition No. 5, limiting outdoor activities within other portions of the site beyond the patio and playground also attempts to respect the noise concerns of neighbors, while allowing reasonable outdoor use of the patio and playground. With respect to use of areas beyond the patio and playground, at one point the application narrative did include a "contemplation garden,"but this component was later removed by the applicant and is therefore not included in this approval. If the applicant wishes to include it as part of the application, details of design and use of the garden could be submitted for review and approval by the City (or at staff level approval) as a revision to this application and/or approval, if it is granted. With respect to the playground, the City has approved a number of daycares/preschools with outdoor play areas near residential uses, although there is at least one exception to this. A 2014 conditional use permit application for a Heritage School with a playground at 5460 Sunol Boulevard, Suites 3 and 4 was not approved because of concerns about playground noise for nearby residents. This playground was located approximately 81 feet from the nearest residence. However, a 2015 conditional use permit application for a preschool with a playground at 3550 Bernal Avenue, Suite 100B was approved. In this case, the preschool's playground was located approximately 43 feet from the nearest residence. As previously mentioned, the proposed playground would be located approximately 87 feet from the Millers residence at 5903 Bryce Canyon Court if were located north of the existing building; and approximately 92 feet to the residence at 5906 Bryce Canyon Court if it is located to the west of the existing building— staff recommended this latter location. The distance would be greater than the two applications discussed P16-0288 and P16-1833; 3370 Hopyard Road Planning Commission Page 7 of 12