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above, one of which was approved, and one which was denied, and similar to the nearby St. Clare's preschool playground. Condition No. 8, limiting the times and number of students in the playground, is recommended by staff based on the preschool schedule provided by the applicant. Limiting playground times have been placed on other preschools'conditional use permits in the past. Specifically, a similar condition was imposed on a preschool located at 4807 Hopyard Road that limited outdoor playtime to twice a day between 11 a.m.-4 p.m. for no longer than 30 minutes with up to 30 children. Another preschool located 5698 Stoneridge Drive limited outdoor playtime from 10 a.m. to 12 noon and from 3-5 p.m. with up to 24 children. The Commission may retain, revise, or remove the condition proposed by staff. Staff believes that, with the limitations on hours of use and numbers of children at one time for the playground; and on the size, number and hours for outdoor events, all of which are consistent with the narrative provided in the application, that an appropriate balance is provided between the neighbors'noise concerns and the applicant's desire to have reasonable use of these outdoor areas. However, the Commission may retain, revise, or remove the conditions proposed by staff. 11. All exterior doors and windows remain closed but not locked when the building is in use. Staff's response: The applicant also felt that this condition was overly restrictive. The intent of this condition is to contain noise within the building and it is a standard condition used in conditional use permits for churches, schools/tutoring facilities, and daycares. Examples of recent approvals with a similar condition' applied include: ■ Genius Kids located at 5698 Stoneridge Drive ■ Genius Kids located 3550 Bernal Avenue, Suite 100B ■ Ridgeview Hope Church located at 5959 W. Las Positas Boulevard ■ Crosspoint Church located at 5627 Gibraltar Drive, Suite 100 In this particular application, the applicant proposes to have two new operable windows on the north elevation of the building (for the preschool classrooms). Therefore, the condition is worded to require the exterior doors and windows remain closed when the building is in use for the Chabad and preschool/daycare in order to contain noise within the building. However, in light of the fact that the principal noise concerns are for the neighbors to the north, staff recommends this condition be clarified to specify that the windows and doors on the north elevation be closed during the daycare's operating hours. Staff recommends the condition be revised as follows (underlined): in use. 1 The condition for these conditional use permit approvals requires the exterior doors of the tenant space remain closed when not being used for ingress/egress purposes. It does not specify that windows be closed because,for each of these application,the building windows are not operable. P16-0288 and P16-1833; 3370 Hopyard Road Planning Commission Page 8 of 12