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ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON DENYING THE APPEALS OF MICHAEL AND DARLENE MILLER, AND CHABAD OF THE TRI-VALLEY, THEREBY UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A CONDITIONAL USE PERMIT AND DESIGN REVIEW APPLICATIONS FOR CHABAD OF THE TRI-VALLEY LOCATED AT 3370 HOPYARD ROAD, AS FILED UNDER CASE NOS. P16-0288 AND P16- 1883 WHEREAS, Chabad of the Tri-Valley applied for a Conditional Use Permit and Design Review approvals to operate a religious institution with a childcare/preschool, and for site modifications including a playground and an outdoor terrace, for its site at 3370 Hopyard Road ("Project"); and WHEREAS, zoning for the property is R-M-2,500 (Multi-Family Residential) District and the proposed Project is subject to Conditional Use Permit pursuant to the Pleasanton Municipal Code ("PMC") §18.36.040 and Design Review per PMC §18.20.010.A.1; and WHEREAS, the proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, Existing Facilities, Class 1; and WHEREAS, at a duly noticed public hearing on April 25, 2018, the Planning Commission took public testimony, requested additional information to be provided, suggested the applicant conduct additional outreach to neighbors, including a neighborhood meeting, and continued the public hearing; and WHEREAS, at a duly noticed public hearing on June 27, 2018, the Planning Commission considered all public testimony, relevant exhibits, and recommendations of the City staff concerning this application; and WHEREAS,the Planning Commission approved Case Numbers P16-0288 and P16-1883, a Conditional Use Permit and Design Review for Chabad of the Tri-Valley to operate a religious facility and childcare facility/preschool — including a playground and an outdoor terrace at the property subject to the Conditions of Approval as modified by the Planning Commission; and WHEREAS, neighbors Michael and Darlene Miller submitted a timely appeal dated June 29, 2018 of the Planning Commission's approval generally alleging that: (1) the Planning Commission's approval violated the conditions of approval originally placed on this site when it was constructed, in terms of outdoor activities/uses; (2) noise impacts from the playground and from events were not properly analyzed, and that the noise will be detrimental to neighbors; (3) the Planning Commission's approval should not have included non-religious outdoor events; and (4) that the Planning Commission should not override the past decision of the City Council to prohibit outdoor events and activities at this site; and WHEREAS, the Chabad of the Tri-Valley also submitted a timely appeal of the Planning Commission's approval stating that: (1) the restrictions applied through the conditions of approval are a substantial burden on the Chabad's religious exercise; (2) the conditions of approval are not consistent with restrictions applied to other religious institutions; and (3) the conditions of approval are a violation of the federal Religious Land Uses and Institutionalized Persons Act (RLUIPA); and