PC 072804 - Laserfiche WebLink

._ b. PCUP-125. Janice Clark/STEPS Community Pren School Application for conditional use permit approval to operate an after-school private tutorial facility in an existing building located at 4625 First Street, Suite 255. Zoning for the property is PUD-C-O (Planned Unit Development - Commercial-Office) District and Downtown Revitalization District. Mr. Iserson presented the staff report, briefly describing the application for a tutorial facility for middle and high school students. He stated that there is sufficient parking available on the site and that the use is compatible with the surrounding uses. He indicated that no concerns were received from that neighbors and that the applicant agreed with the conditions of approval, including compliance with appropriate Building Code requirements. Mr. Iserson recommended that the Commission make the required conditional use findings listed in the staff report and approve the use permit, subject to the conditions of approval of the staff report. THE PUBLIC HEARING WAS OPENED. Michael O'Callaghan, 125 West Neal Street, requested the Planning Commission to reject the conditional use permit because he believes the project does not require a conditional use permit. He stated that a tutorial facility is not a school but an office use and that the City should not be regulating the hours of an office use. He added that the process is anover-regulation of small businesses and is a detriment to the business community. Commissioner Fox agreed with Mr. O'Callaghan that one-on-one tutoring is not a school and expressed concern regarding the over-regulation of small businesses. Janice Clark, applicant, 4625 First Street, Suite 255, stated that she appreciated Mr. O'Callaghan's interest; she indicated, however, that she has just come out of the Pleasanton public school system as an administrator and understands all that is involved with dealing with students and teachers. She thanked staff and the Planning Commission for helping her new business get through the existing process. THE PUBLIC HEARING WAS CLOSED. Commissioner Arkin stated that he agreed with Mr. O'Callaghan's statement but noted that this is not the time to discuss this issue because the conditional use permit process is the existing process. Commissioner Arkin moved to make the required conditional use findings as listed in the staff report and to approve Case PCUP-125, subject to the conditions of the staff report as listed in Exhibit B. Commissioner Fox seconded the motion. PLANNING COMMISSION MINUTES July 28, 2004 Page I 1 of 19