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conditions of approval are a violation of the federal Religious Land Uses and Institutionalized Persons Act (RLUIPA); and WHEREAS, pursuant to PMC §18.144.030 at its regular meeting of August 21, 2018, the City Council received a report from the Director of Community Development, together with a copy of the staff reports to the Planning Commission, the minutes of the Planning Commission's meetings, and held a regular public hearing at which time Michael and Darlene Miller, and Chabad of the Tri-Valley, as the appellants and appellant/applicant, respectively, and other members of the public were offered an opportunity to present evidence regarding the appeals. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE, AND ORDER THE FOLLOWING: SECTION 1. Pursuant to PMC §18.144.040, both Michael and Darlene Miller's appeal, and Chabad of the Tri-Valley's appeal, of the Planning Commission's June 27, 2018 decision are denied because the City Council finds that: Findings for Chabad of the Tri-Valley Conditional Use Permit. With respect to the Chabad of the Tri-Valley's Conditional Use Permit and the appeals, the City Council determines that the project was reviewed and approved based on the criteria required by PMC §18.124.070, and pursuant to PMC §18.144.040 makes the following findings: A. 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. Some of the objectives of the zoning ordinance are to: foster a harmonious, convenient, workable relationship among land uses, protect existing land uses from inharmonious influences and harmful intrusions, and ensure that public and private lands ultimately are used for the purposes which are most appropriate and beneficial to the City as a whole. The project site is located within a multi-family residential (RM) district which, per PMC §18.36.010, is intended to achieve various purposes including: providing spaces for semipublic facilities needed to complement urban residential areas and space for institutions that require a residential environment; to provide necessary space for off-street parking of automobiles; and to protect residential properties from noise, illumination, unsightliness, odors, glare and other objectionable influences. The subject RM zoning district allows, as conditionally permitted uses, religious institutions, nursery schools and private schools. The project, as conditioned, would provide for a semipublic use and an institution serving the needs of residents; and would not generate off-site parking demands, noise, or other objectionable influences, consistent with the purposes of the district. In particular, Chabad of the Tri-Valley proposes an annual maximum of up to fifteen (15) outdoor activities for which conditions of approval require: 1) relocating the playground area from the north side of the building to the west side of the building, away from residents; 2) allowing amplified outdoor music twice a year before 8 p.m.; 3) disallowing use of areas outside of the playground and outdoor terrace for outdoor activities; and 4) establishing a time limit of 10 p.m. for all outdoor activities/events. In addition, should future problems rise in association with operation issues, the conditional use permit approval may be brought back to the Planning Commission for subsequent review to mitigate or to revoke the conditional use permit.