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• Requirement that windows and doors be kept closed, but not locked during operation of the facility to minimize noise to neighbors. (Condition No. 11) • Requirements for parking management, including monitoring of the shared parking lot during large events for the first year of operations (Condition No. 19); sharing of event calendars between Chabad and St. Clare's, to avoid scheduling large events on the same days/times where possible (Condition No. 18); and requirement to secure off-site parking if attendance at an event is projected to exceed the parking available. • Non-compliance with conditions, or if operation of the project causes impacts beyond those anticipated in the project approval, may cause the project to be referred back to the Planning Commission, and for the Commission to consider imposition of additional conditions or modifications to the project (Condition No. 45). Among the conditions above, the Chabad appeal includes an objection to Condition No. 11, regarding windows and doors being closed. Staff notes that this is a condition of approval routinely applied to preschools and daycares (for facilities with operable windows) as a means to control spillover of noise, and, as such, staff believes is appropriate here. Chabad's appeal also notes opposition to Condition No. 43, regarding indemnification. This condition is standard for all discretionary approvals, and protects the City from incurring the costs of a legal challenge or action brought in conjunction with an approval. As such, staff recommends that it be retained. Staff believes the Planning Commission properly considered all the pertinent facts and information with respect to this application, and ultimately found an appropriate balance between the applicant's reasonable use of the property, and the concerns raised by neighbors with respect to noise and other potential impacts, allowing the findings for approval to be made. PUBLIC NOTICE Notice of this appeal was sent to surrounding property owners within Valley Trails neighborhood and within a 1,000-foot radius of the site. At the time this report was published, staff has received the comments provided as Attachment 11. ENVIRONMENTAL ASSESSMENT This project is categorically exempt from environmental review pursuant to California Environmental Quality Act Guidelines, Section 15301, Existing Facilities, Class 1. Therefore, no environmental document accompanies this report. CONCLUSION Staff believes the Planning Commission action to approve the project with modified conditions is appropriate. In particular, the modified conditions have responded to the concerns expressed by the neighbors. Adherence to these conditions will ensure that Page 14 of 15