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outdoor events, staff does not believe such analysis is necessary or appropriate. It <br /> should also be noted that the patio is less than 400 square feet in area, which limits the <br /> number of people that can be comfortably accommodated within this area at one time. <br /> Further, the California Building Code limits occupancy in to between 27 and 80 for this <br /> area3 <br /> While the maximum number of people outside that is not considered an "event" (24 or <br /> less) could be debated, the number was set at a level that attempts to accommodate <br /> typical situations such as students on break from Hebrew classes, a Torah study class, <br /> limited spillover of indoor gatherings to the outdoor area, or small groups gathering for <br /> conversation, without triggering the restrictions on total number of events. <br /> With respect to the Chabad's appeal, a similar question arose during the Planning <br /> Commission hearings, and staff was therefore asked to provide information about CUP <br /> approvals for religious institutions. Staff's research found that older conditional use <br /> permit applications for religious institutions, such as those for St. Clare's Church <br /> (approved in 1977) and Valley Harvest Church (approved in 1976) did not include <br /> details of churches' activities and operations. More recent CUP approvals including for <br /> Crosspoint Church (2014), St. Innocent Church, Graceway Church (both in 2016), and <br /> Ridgeview Hope Church (2018) included detailed narratives of their worship schedules <br /> and attendance, church related activities, such as bible studies, youth programs, and <br /> other ancillary events and activities, but did not otherwise list or describe allowable <br /> outdoor activities. <br /> In summary, staff believes the Conditions of Approval appropriately balance effects of <br /> outdoor events and activities on neighbors, with use of outdoor areas by Chabad for <br /> religious and other functions. In particular, the conditions are framed around the present <br /> application and the proposed operational parameters stated by the applicant. As such, <br /> and notwithstanding an alternative proposal from the applicant as to what would be <br /> acceptable operational limits for Chabad, staff recommends retaining the conditions as <br /> approved by the Planning Commission. <br /> Other Conditions <br /> In addition to the items outlined above, the Planning Commission approval includes a <br /> number of other conditions, intended to minimize potential impacts of the project. These <br /> include: <br /> • Limitation on the use of kitchen facilities to Chabad's functions only, with no <br /> rental to other users permitted. (Condition No.12) <br /> • Requirement for Chabad to advise facility users to be mindful that the Chabad <br /> abuts a residential neighborhood and there to be quiet and respectful of <br /> neighbors when exiting the building (Condition No. 28) <br /> 3 Per the California Building Code Section 1004 is titled Occupant Load. Table 1004.1.2 Assembly <br /> without fixed seats. <br /> Page 13 of 15 <br />