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playground to neighbors, and concerns about noise. It was noted that the City has denied at least one preschool/daycare application due to concerns about noise impacts on neighbors. In discussion, the Planning Commission considered the proposed playground, and concluded that a preschool is a very common use associated with religious institutions, with virtually all churches and similar establishments offering some form of daycare or preschool services. (Attachment 7 provides a list of some of the comparable approvals/uses and limitations on the hours of use of playgrounds). However, as documented in the June 27 Planning Commission staff report, conditions limiting playground times have been placed on other preschools' conditional use permits in the recent past.2 As noted above, conditions applied by the Planning Commission to address noise impacts from the playground were generally formulated to be consistent with those proposed in the application, and included: • With respect to the playground location, requiring the playground to be located on the west, rather than the north side of the building, and to incorporate solid wood fencing rather than open railings. (Conditions 7 and 9) • With respect to playground use, restricting the hours of operation and number of children that can be allowed outside. The preschool's outdoor playtimes are 10:30-11:15 a.m., 11:15 a.m.-noon, and 3-4 p.m., with a maximum of 24 children outside at one time. While staff initially proposed a condition limiting playground use to these specific times, the Planning Commission modified the requirement to allow for a total of 2.5 hours of playground use, during regular business hours, Monday through Friday, to offer some additional flexibility for the Chabad as to the schedule of outdoor play-time. (Condition No. 8). • Prohibition on use of the playground other than by the preschool, and during the periods noted above. (Condition No. 8) Outdoor Events and Activities The Chabad proposed up to 15 annual outdoor activities/events to take place in the outdoor activity/terrace area located west of the building and stated that outdoor activities/events would start no earlier than 10 a.m. and conclude by 10 p.m. A list of In 2014, a CUP application for a daycare with playground at 5460 Sunol Boulevard was denied by the City Council. That playground raised concerns about noise for nearby residents. That 5460 Sunol playground was located approximately 81 feet from the nearest residence. In contrast, a 2015 conditional use permit application for a preschool with a playground at 3550 Bernal Avenue, Suite 100B was approved. In that case, the 3550 Bernal playground was located approximately 43 feet from the nearest residence. 2 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 at 5698 Stoneridge Drive limited outdoor playtime from 10 a.m. to 12 noon and from 3-5 p.m. with up to 24 children. Page 11 of 15