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52. At no time shall balloons, banners, pennants, or other attention-getting devices be utilized on the site except as allowed by Section 18.96.060K of the Pleasanton Municipal Code for a grand opening. Staff's response: The applicant opposed this condition because of concern that it would prevent children from having or playing with small balloons on site (or, presumably for situations such as being used for decorations at a permitted event). The inclusion of"balloons"in this condition is intended to prevent use of large, attention getting balloons used as advertising or publicity by businesses, and is a standard condition, reflecting requirements of the PMC, applied to new businesses and organizations that require discretionary approvals. It does not include the type of balloons referenced by the applicant. The Commission may choose to retain, revise or remove this condition, although, if removed, the PMC requirements prohibiting banners and attention-getting devices would continue to apply. ALTERNATIVES As noted, it is staffs recommendation that the Planning Commission approve the CUP and Design Review, subject to the draft Conditions of Approval. However, should the Planning Commission determine that the Findings or Design Criteria cannot be made, the Commission can pursue one of the following alternatives: 1. Direct further modifications to the project or to conditions or approval to address potential operations issues, and/or issues raised by the applicant. If modifications or new conditions are extensive, they may need to be brought back to the Planning Commission for review at a continued public hearing; or 2. Deny the Use Permit and Design Review applications. If the Planning Commission pursues this alternative, the applicant would be required to submit new applications, reflecting a substantially modified project design, or could appeal the decision to the City Council. Since a resolution for denial has not been prepared, if the Planning Commission selects this alternative, staff would recommend that the item be brought back to the Commission at a future date with a resolution that includes findings for denial. PUBLIC NOTICE Staff received a letter (Exhibit E) from a Pleasanton resident after the April 25, 2018 hearing, urging the Commission to make a decision. Notices regarding this continued hearing were mailed to the surrounding property owners and tenants within a 1,000-foot radius of the subject site. A map showing the noticing area is attached to this report. The public notice was also published in The Valley Times. At time this report was published, staff has not received any comments. As noted, the Chabad has organized a June 20 meeting with notice provided to neighbors in the vicinity; staff will report on the outcomes of this meeting at the June 27 hearing. ENVIRONMENTAL ASSESSMENT This project is categorically exempt from environmental review pursuant to California Environmental Quality Act Guidelines, Section 15301, Existing Facilities, Class 1. Therefore, no environmental document accompanies this report. P16-0288 and P16-1833; 3370 Hopyard Road Planning Commission Page 11 of 12