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Noise The Millers' appeal states that noise impacts of the project were not properly considered, particularly with respect to maximum noise levels associated with the playground, and the cumulative effects of this playground when combined with similar facilities at nearby St. Clare's Church and Harvest Valley Church. Noise from outdoor events and activities is also a concern for the Millers and the neighbors. One of the findings for approval of the CUP is that the use must be in accord with the objectives of the Zoning Ordinance, among which is the objective is to "promote the stability of existing land uses that conform with the General Plan and to protect them from inharmonious influences and harmful intrusions." Noise may be considered among such adverse influences and intrusions. The project site is zoned multiple-family residential and it abuts single-family homes to the north. Section 9.04.030.A of the PMC states: "No person shall produce or allow to be produced by any machine, animal, device, or any combination of the same, on residential property, noise level in excess of 60 dBA at any point outside of the property plane, unless otherwise provided in this chapter." Although the PMC establishes acceptable noise thresholds, it is important to note that the Noise Ordinance does not regulate non-amplified human voices, and so the above thresholds do not apply to noise generated from the voice of children on a playground but the limits would apply to amplified music and voices using speakers. Section 9.04.070 of the PMC also states: "Any noise which does not produce a noise level exceeding 70 dBA at a distance of 25 feet under its most noisy condition of use shall be exempt from the provisions of Sections 9.04.030, 9.04.040 and 9.04.060(A) of this chapter between the hours of 8:00 a.m. and 8:00 p.m. daily, except Sundays and holidays, when the exemption herein shall apply between 10:00 a.m. and 6:00 p.m." Playground Location and Operation As originally proposed by the applicant, the playground would have been located on the north side of the existing building. As part of the application, Chabad proposed outdoor playtimes as 10:30-11:15 a.m., 11:15 a.m.-noon, and 3-4 p.m., with a maximum of 24 children outside at one time. These proposed hours were used to develop the conditions of approval, as outlined below (though Chabad is now appealing the hours the Planning Commission approved notwithstanding that these were based on the application submitted by Chabad). Testimony from the public in support of the project noted the difficulty of finding preschools that serve the Jewish community, and the community service that would be provided by Chabad in this regard. Public testimony against the project cited the concentration of daycares/preschools in this neighborhood, relative proximity of the Page 10 of 15