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Ms. Stern stated that the Commission has not added such conditions to tutorial uses in the past but that staff would ask the applicant if she would be amenable to the addition of these two conditions. Commissioner Narum commented that having a facility of this size would be like a little school. Commissioner Pentin referred to the conditions on page 11 and noted that this application, as in the first one, includes the requirement to acquire a business license, to contact the Building Division and the Fire Marshall to ensure compliance with the Building and Fire Codes, and to have fire extinguishers on-site. He inquired if the first application required first-aid- and CPR-trained staff. Commissioner O’Connor inquired what the differences were between the conditions of the first and current applications. Commissioner Narum noted that Condition No. 18 is the background check, Condition No. 19 is the first aid/CPR, and Condition 20 is having a disaster plan. She added that Condition No. 21 is not appropriate in this case. Commissioner Pentin noted that the first paragraph on page 3 mentions that the proposal is for middle-school children, generally ages 12 to 14 years, with classes for ththth 6, 7, and 8 grades. He indicated that in some cases, a slightly younger child will be enrolled, such as a 10-year-old child with a late birthday; therefore, the ages might span ththth a bit. He noted, then that a 6-grade child could be taking a 7 or 8 grade class, and inquired if the City would require them not to allow these students to roll into another class. Ms. Stern replied that the City does not have a specific requirement that they not enroll. She added that staff does not anticipate they would be enrolled in subsequent classes. Chair Olson referred to the Draft Conditions of Approval and noted that he also received a copy of the Final Conditions of Approval but has different PCUP number and a different address. Ms. Soo replied that those are the final Planning Commission conditions for the existing school on West Las Positas Boulevard, which has a maximum of 90 students. She added that Commissioner Pearce had requested staff to provide a copy of these Conditions for comparison purposes. Chair Olson inquired if there is an absolute limit of a maximum of 40 students for PCUP-270. Ms. Soo said yes. PLANNING COMMISSION MINUTES, July 14, 2010 Page 4 of 8