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b. PRZ-46, City of Pleasanton Review and consideration of amendments to Chapter 18.104 and various related sections of the Pleasanton Municipal Code regarding Home Occupations. Mr. Dolan advised that Julie Harryman will be presenting the staff report in Donna Decker’s absence. He explained that staff rebuilt the ordinance rather than fix the existing language as presented to the Commission at an earlier meeting. He indicated that it is performance-based and has a similar framework. Ms Harryman walked the Commission through how the ordinance would work. She explained that instead of having both exempt and non-exempt home occupations which can be confusing, staff is recommending a simpler process with a zoning certificate and a home occupation or business permit. Ms. Harryman continued that the zoning certificate is issued over the counter when an applicant meets certain criteria on a checklist. She added that zoning certificates are not appealable, and if violation or non-compliance with any of the criteria would be referred to Code Enforcement, and the applicant would have to apply for a home occupation or a business permit. Ms. Harryman stated that under the home occupation or business permit category, applicants would complete an application, and notice of the application would be sent out to property owners and residents within a 300-foot radius of the project site. She indicated that the Zoning Administrator will then hold a hearing, and if critical issues are raised, the Zoning Administrator can bring the application forward to the Planning Commission. She added that as in all Zoning Administrator cases, the Zoning Administrator’s action can be appealed either by the Planning Commission through the Actions of the Zoning Administrator report or by a neighbor who does not agree with the action. Commissioner O’Connor requested clarification that a zoning certificate could be issued over the counter by the Zoning Administrator. Ms. Harryman replied that it would be issued by the planner on duty at the counter, who would go through a checklist and make the determination. Commissioner O’Connor noted that the ordinance states that it is the Zoning Administrator who issues the zoning certificate. Ms. Harryman agreed and explained that the City does not have any language relating to the “planner on duty” and that the actual sign off would be done at the counter by the planner on duty. She added that the ordinance could say “Zoning Administrator or designee.” Commissioner O’Connor inquired if there would not be any issues with that. PLANNING COMMISSION MINUTES, November 18, 2009 Page 14 of 25