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A key consideration in the Planning Commission's deliberations was an assessment of how this project, and proposed conditions, compared to other similar past approvals. These comparisons, including information on religious institutions with preschools/daycares are summarized in Attachment 7, noting that, as CUP approvals, conditions were considered and applied on a case-by-case and site-specific basis, reflecting the particular characteristics of the project and its location. Relationship of this Approval to Prior Approvals The Millers' appeal states that the project would be contrary to the conditions of past approvals, including the original approval (UP-77-13) for the Masonic Lodge, and amendments to that approval adopted by the City Council, on appeal, in 2016. The original Use Permit for the Masonic Lodge (Lodge) recognized the proximity and potential sensitivity of neighboring residences to the north, and required the building and site to be designed to focus activities towards the southern portion of the property, and provide "an effective buffer" between the Lodge and adjacent residential uses. The approval did not include specific prohibitions on outdoor areas, or specify minimum dimensions or operational standards for a buffer area. Ultimately, the building was designed to not include windows or doors along its north side, although a set of French doors was later added. As previously noted, in 2016 the City Council considered and adopted amended conditions of approval for UP-77-13, initiated by the Masonic Lodge to address a series of code enforcement actions related to large events that had been held when the facility was being leased. Among other requirements, the amendments prohibited any outdoor events, activities, and outdoor music, required sharing of event calendars, mandated that doors have self-closing mechanisms, directed the north-facing French doors to be replaced with solid wood doors, and imposed limitations on operating hours and number of total occupants. In its review of the Chabad's application, staff and the Planning Commission were aware of and sensitive to the history of the project site, and to the heightened level of concern from neighbors. However, it was also recognized that this was a new application that needed to be considered objectively and on its own merits, and in relationship to comparable approvals and uses. An important factor in this decision is the Chabad's religious use, for which the Planning Commission concluded both that a limited amount of outdoor use was both necessary and appropriate, and that a daycare/preschool with an outdoor play area should be allowed, similar to those that have been allowed for numerous other religious institutions in Pleasanton and based on the site-specific characteristics. While the Chabad is a new application where all the conditions imposed on the Masonic Lodge are not applicable, the Planning Commission nonetheless imposed conditions that address similar issues about noise and compatibility, as conditions to ensure a use is not being injurious to properties in the vicinity is a required finding for the issuance of a CUP under the municipal code. Page 9 of 15