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• Regarding the indemnification condition, the Chabad cannot afford to have legal counsel. • Regarding the parking count, there is a parking contract between St. Clare and the Chabad which has been in effect for two years. He was opposed to the one-year review which is unfair and unwarranted, given the contract has been working with no complaints. • Lastly, he asked the Commission to consider RLUIPA in all of its decisions. Neil Newman, Director of Security and Building Development, Chabad of the Tri-Valley, spoke regarding the community meeting, stating he mediated the meeting and neighbors provided three alternatives to the playground which he described and said the common ground was to move the playground away from the neighbors' area and stagger the children's use of it. After the meeting, a number of people told him they supported that idea but when this idea was brought to the Millers, it was rejected. He believes there is a very small part of the neighborhood that will not accept the outdoor play area under any conditions, but this is not viable financially or with respect to the religious functions. Michael Miller, neighbor, stated the activities Chabad wishes to conduct outside the building will be very noisy, are social and not religious in nature, and neighbors have a right to live in peace. Neighbors agreed to up to four outdoor activities since only four of the 15 listed activities/events require them to be outside; he asked that only those required by their faith be allowed. Chabad has asked for an unlimited amount of social outdoor activities of smaller group sizes without justification, yet they will be very noisy and occurring all day and all year. There is no religious requirement for these small events and he asked that the Commission prohibit them. Darlene Miler, neighbor, stated many middle school and high school members of Chabad attended the last meeting stating they wanted their Hebrew school and neighbors could not agree with them more. It is only the noisy outdoor parties, playground and terrace they object to because the noise is detrimental. The report from the sound engineer indicates noise would exceed the noise code. They also have a petition from 28 neighbors who ask that no outside activity be allowed and she questioned whether the Commission would like these noisy activities on the other side of their backyard fences. She noted that the three playgrounds that will exist in the neighborhood will bombard the neighbors with noise all day long and there is no other example in Pleasanton of three schools clustered together. Furthermore, the code requires the activity be 300 feet from another large day care or nursery school to protect neighbors from cumulative increases in noise from multiple schools; the cumulative noise issues have not been addressed. The Commission can use the separation requirement for family daycares as guidance to not build the playground because it is less than 300 feet from St. Clare's and Harvest Valley. Neighbors also disagree with Chair Nagler's statement that they are starting over from the City Council's decision of no outside activity and have documented reasons for this. Rabbi Resnick cited a Pleasanton Weekly article which included hateful comments and he rebutted the false accusations that they are bad neighbors, stating they have had good standing history in the community for 13 years. They had a licensed family daycare with 12-14 children which included outdoor play. He and his wife hold religious meetings in their home every Saturday night with other families, and from Friday night to Saturday night they have larger crowds than usual. He recognized other activities which most likely take place more EXCERPT: PLANNING COMMISSION MINUTES, June 27, 2018 Page 3 of 15