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BACKGROUND School, tutoring, and recreation facilities currently require a conditional use permit in various commercially zoned properties. These uses have been found to be benign with regard to land use impacts related to traffic, noise, access, or parking. These projects are placed on the consent agenda for action by the Planning Commission. Numerous facilities have been approved via the City's Conditional Use Permit (CUP) process and were found to be minor projects in scope, had no impacts, and were supported by surrounding businesses and/or business associations. Staff also evaluated whether there were additional opportunities to expand the location of these small businesses in the City. In an effort to alleviate the impacts to small business owners start-up timing and cost constraints, staff began to evaluate potential process changes to facilitate a more expedited process for these minor permits. Staff reviewed the application processing procedures with members of the public and former applicants to determine how the application process could be improved. Staff found applications generally resulted from a business owner having already signed a lease, trying to obtain a business license, or via the City's Code Enforcement Division. There was interest in determining if a more suitable process for the small business owner might be more feasible to promote a smoother planning process in order to start a business of this type in the City of Pleasanton. City Staff believes that this Code amendment would expedite the small business owner start up by improving the application process for small school, tutoring, or recreation facilities. The proposed Code amendment would allow these uses as permitted uses via an over-the-counter staff level approval by filling out a Zoning Certificate. The permitted uses are required to comply with all Federal, State, and local ordinances and regulations as other permitted uses are. Staff is also proposing that these uses be allowed in more zoning districts, where appropriate as discussed below. Planning Commission On March 14, 2007, the Planning Commission recommended approval (Vote: 4 to 1; Fox opposed) of the proposed Code amendment forwarding to the City Council for review and action. The proposed Code amendments are shown in Attachment 1. Chairperson Fox voted against the amendment expressing a concern that some tutoring businesses may not be appropriate near other businesses. As an example, she stated that a tutoring business may not be appropriate near a dentist's office which may have toxic waste. At the March 14, 2007 Planning Commission meeting, the Commission recommended the following changes to the proposed Code Amendment: 1. Reduce the number of students allowed in a permitted school, tutoring, or recreation facility from 25 to 20 students or fewer at any one time. Page 2 of 5