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religious events that include an outdoor component was provided by the applicant, as part of the Chabad application materials (Attachment 8). The CUP approval defines an outdoor event/activity as any activity or event that would have an attendance of 25 or more people. Gatherings smaller than 25 persons would not be considered as an event, or subject to limitations other than being restricted to the patio area. During the public hearings, the applicant raised the idea of creating a "contemplation garden" or "biblical garden" within the larger area of the property. The Planning Commission considered this idea, but ultimately, since the parameters and design of the garden were not part of the application, and therefore unknown, it was not incorporated into the approval. On the basis of the application, and in light of neighbor concerns, the Planning Commission considered appropriate thresholds for outdoor events, with an important consideration being respect for the religious use that requires some events to be held outside, including at least one event that takes place over several days. Conditions applied to outdoor activities/events include the following: • Limitation on the maximum size of events (whether held indoor or outdoor) to no more than 120 people at one time (Condition No. 4), and to start no earlier than 10 a.m. and conclude by 10 p.m. (Condition No. 6) • A maximum of 15 annual outdoor activities/events, inclusive of any of the events listed among the list of religious events provided by the applicant. Religious events occurring over several consecutive days are considered a single event among the 15 permitted. (Condition No. 3) • Amplification of any kind is only permitted at up to two of the fifteen outdoor events annually, is limited to the hours of 10 a.m. and 8 p.m., and is to be directed away from adjoining residential uses. (Condition No.10) • No outdoor events or activites (regardless of size) may take place outside of the patio or playground. (Condition No. 5). In their appeal, the Millers suggest these events should be more limited in scale and number, and particularly that it is not necessary to permit as many as 15 events, since many of these may not be associated with the Chabad's religious functions. The Millers' appeal also suggests that the noise impacts of events (both large and small) should have been analyzed more thoroughly. Conversely, the Chabad states that the limitations on size, type, timing, and amplification restrictions impinge on its right to exercise its religious freedom, and that no similar restrictions apply to religious institutions elsewhere in Pleasanton. With respect to the need for noise analysis, as noted, human voices are not subject to regulation under the noise ordinance. Given this, the fact that the use would be required to comply with the noise ordinance, the strict limitations on amplification and number of Page 12 of 15