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3. The Planning Commission's approval should not have included non-religious outdoor events. 4. Planning Commission should not override the past decision of the City Council to prohibit outdoor events and activities at this site. The Millers' appeal letter is included as Attachment 2 to this Agenda Report. Appeal by Chabad On July 11, 2018, Chabad of the Tri-Valley filed an appeal. The Chabad's appeal states that the restrictions applied through the conditions of approval are a substantial burden on the exercise of Chabad's religious exercise, are not consistent with restrictions applied to other religious institutions and are violations of the federal Religious Land Uses and Institutionalized Persons Act (RLUIPA). The appeal lists several conditions that are felt to be overly burdensome, including conditions that limit the number, size, location, and hours of events; limit number of events with amplification; restrict time of playground use; and require doors and windows to remain closed. The appeal also contests the inclusion of a condition that indemnifies the City from claims brought as a result of a land use approval. The Chabad's appeal letter is included as Attachment 3 to this Agenda Report. DISCUSSION Conditional Use Permit ("CUP") Pleasanton Municipal Code (PMC) Chapter 18.124 describes the purposes, procedures and findings for issuance of a CUP, with the intent of the regulations to allow for special consideration of certain uses due to their unique characteristics "so that they may be located properly with respect to the objectives of [the Zoning Ordinance] and with respect to their effects on surrounding property." As such, the Planning Commission may grant or deny applications for use permits, and impose "reasonable conditions" upon the granting of the permit. Specific findings to grant a CUP include the following: 1. That the proposed location of the conditional use is in accordance with the objectives of the zoning ordinance and the purpose of the district in which the site is located. 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. 3. That the proposed conditional use will comply with each of the applicable provisions of the Municipal Code which apply to conditional uses. Findings to address these CUP provisions are set forth in the Planning Commission's April 25 and June 27 agenda reports (Attachments 5 and 6). Page 7 of 15