RES 19-1077 - Laserfiche WebLink

residents, 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 terraces 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. B. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. As conditioned, the operations of the Chabad of the Tri-Valley and childcare facility/preschool would not have a detrimental impact on the public health, safety, or welfare, or be materially injurious to the properties or improvements in the vicinity. In particular, conditions of approval specify hours of operation, allowable activities within and outside of the building, design measures to include relocation and fencing of the play area, building capacity, conformance to all applicable building and fire codes, and adherence to any shared parking agreements with the adjacent St. Clare's Church in order to ensure that Chabad of the Tri-Valley would not adversely affect residential properties in the area. If necessary, the Conditional Use Permit could be brought back to the Planning Commission for further modification if the proposed conditions are ineffective in addressing valid concerns raised by neighboring residents. C. That the proposed conditional use will comply with each of the applicable provisions of the zoning ordinance. The Pleasanton Municipal Code states that because of the unusual or uncharacteristic nature of some proposed land uses, conditional uses require special consideration so that they may be located properly with respect to their effects on surrounding properties. The activities and hours of operations proposed by Chabad of the Tri- Valley as reflected in the conditions of approval in the attached Exhibit A would ensure the operation of Chabad of the Tri-Valley to be in compliance with the applicable provisions of the Pleasanton Municipal Code, including those related to noise and parking. Findings and Criteria for Design Review Approval. With respect to the Chabad of the Tri-Valley's Design Review application and the appeals, the City Council determines that the project was reviewed and approved based on the criteria required by PMC §18.20.030, and pursuant to PMC §18.144.040 the City Council finds that: (a) the project would preserve and enhance the City's aesthetic values and ensure the preservation of the public health, safety and general welfare since the facility would be located within an existing building that is consistent with the allowable height, setbacks and other pertinent development standards of the RM-2,500 zoning district in which it is located;