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P16-1883/P16-0288, Chabad of the Tri-Valley Applications for Conditional Use Permit and Design Review approvals to operate a religious institution with a childcare facility/preschool and for site modifications including a playground and outdoor terrace at 3370 Hopyard Road. Zoning for the property is RM-2,500 (Multi-Family Residential) District. (Public Hearing continued from April 25, 2018). Planning Manager Ellen Clark presented the agenda report. Commissioner Allen asked and confirmed there could be unlimited outdoor events with fewer than 25 people. Commissioner Ritter confirmed with staff that a CUP runs with the land and that a new owner would be responsible for complying with all conditions unless they request amendment of the CUP. Chair Nagler stated that if the prior use of the building was not a religious organization and the current occupant is, he asked if the current occupant would affect what is enforceable by the City. Ms. Clark responded that there are some protections given to religious institutions. Mr. Beaudin added that the City's goal is to treat religious institutions the same as other uses and not be overly prescriptive or punitive. He noted that both the lodge and religious institution are types of community assembly uses, , with the additional component in this application being the preschool. Commissioner Brown stated PMC Section 18.124.370 uses the term "daycare" as well as "childcare" and "preschool" which are being used interchangeably. He asked if that code applies to this project. Ms. Clark described the various definitions of the PMC under child care facilities such as tutoring centers, daycare and preschools. Home-based family daycares are categorically different; the PMC has a definition for a "nursery school" which is the only type of facility that is described and under which staff interprets both preschools and daycares to fall. The proposed use is not a large or small family daycare which has a specific definition under State law, and is operated within a residential home. City Attorney Julie Harryman asked if the question raised was about over-concentration and the distance between them. Commissioner Brown said one item in the code relates to the 300-foot separation and also the Zoning Administrator comments in terms of detriment and asked if either of those things apply. Categorically, this project does not apply because it is not considered a family daycare. Ms. Harryman confirmed that separation and over-concentration factors did not apply because the project is not a large family daycare Commissioner Brown referred to condition #10 and confirmed that only 2 of the 15 events listed would be permitted to have music. EXCERPT: PLANNING COMMISSION MINUTES, June 27, 2018 Page 1 of 15