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Commissioner Ritter said while Chabad knew what they were getting into when they purchased it, on the flip side, the Commission reviews change of use all the time and they must relook at how properties are used. He also agrees the issue is one of land use and not religion. He was involved with Boy Scouts and had to deal with neighbors on various issues of kids being outside which is important, but he sees the building as having something to do with the community and activities which is what the building is designed for. But, he would support daycare and suggested keeping it the same as St. Clare's so as not to set precedent, keep the same restrictions placed on other properties of similar institutions and thinks staff and the applicant have gotten close to agreement and was somewhat frustrated that compromise has not yet been completely worked out. Commissioner Brown said he was considering everything from the April meeting, disclosed that he had a phone call with the Miller's to clarify their position, and he did not believe the neighbors' concerns are religious based and did not like the assertions they are. Any recommendation he would make is independent of any relation to the religion and thinks the Commission needs to consider RLUIPA as part of their role in terms of representing the City and residents. He is disappointed there is no architectural diagram, but he recognized the Commission needs to render a recommendation and City staff can resolve this. Commissioner Brown further stated he believes faith-based preschools are an expression of religious freedom, that it generates a source of revenue that allows other forms of religious expression and this is independent of what religion it is and thinks the Commission has an obligation to be consistent. He had asked many questions regarding 18.124.370 and explained his logic. If the Municipal Code does not restrict unamplified voice and the parking agreement with St. Clare's is sufficient and coordination of events is sufficient, he has no logical reason to deny a change in conditional use that includes a preschool. In terms of the playground location, he was concerned with it being on the west side versus staff's revised location. He would be supportive if the residents wanted it on the west side versus the north side but he has not heard whether this could be on the north or west. From a logical perspective he would prefer it on the north side as it shaves off 6 feet in terms of closeness to the nearest house. In terms of the playground hours, he would be in favor of restricting it to registered students only during regular preschool hours but no specific hours and leave it up to Chabad to figure out the best schedule. He would not want the preschool playground being used as a general play area in the evenings and on weekends for non-students. He was opposed to encouraging anything that makes the building into an events center, did not want to see weddings and large congregations with amplified music, is comfortable with the limitation on two amplified music events, willing to consider smaller than 15 whether an agreement can be reached, and agrees with Commissioner Allen that it is not advisable to try and limit smaller events, as it would be an undue burden to try and police this. He emphasized with local residents and concerns about noise, but he considers what is permitted per the Municipal Code, what is a reasonable and rightful use of the property and the change in ownership, and that the Commission must take each CUP application in its entirety and consider their impacts. EXCERPT: PLANNING COMMISSION MINUTES, June 27, 2018 Page 11 of 15