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ATTACHMENT 5 PRZ-37, City of Pleasanton Consideration of amendments to Chapter 18 of the Pleasanton Municipal Codc to allow schools and tutoring and recreational facilities in various districts. Chairperson Fox wished to call attention to some of the activities that occurred in 2004 and printed some Planning Commission and City Council minutes regarding issues that were not discussed in the statfi report that may have been some of the leading factors in this review. She noted that the first one occurred in Sumner 2004 when Mary Kay Berg (Achievement Learning Center) was asked to go tlu~ough a conditional use. process, which was approved at the Planning Commission level. After that process, there were several issues addressing how her business was classified under the California Fire Code. She was classified by the Building and Salety Division as an F-? occupancy, and she was asked by the City to make a lot of structural modifications regarding fire safety and one-hour occupancy separation, evacuation, fire exits, and so on. She noted that was appealed to City Council, and after being continued at one hearing, the C ity Manager sent a supplemental staff report reversing the classification of that use to an educational facility. Therefore, the occupant did not have to male the structural modifications. At the same time, a prep school application had come to the Connnission as well, which was heard in July 2004. Michael O'Callaghan had spoken before the Commission and believed it could be considered as an office use and not subject to a conditional use permit and regulation by the City. She agreed that small businesses should not be overregulated and suggested that it be given a conditional use permit. Chairperson Fos continued to reference small family child care uses at a residential home, which had to go through a home occupation permit process because one-on-one tutoring was not allowed in a residential district. Shc noted that the business eventually left Pleasanton. Chairperson Fox indicated that with regard to the Mary Kay Bcrg situation, she read from the staff report, "They [Building and Safety Divisions reviewed the proposal and required that the interior of the tenant space be modilled such that aone-hour occupancy separation is provided to the walls and to the ceiling. This is a Building Code requirement for E-2 Education Division I[ occupancies." She noted that there were issues related to what uses need to meet various Fire Codc requirements. She noted that Group li occupancy was an educational use, and Division II was any building used for educational purposes through Use 12`x' grade by less than 50 persons for more than 12 hours per week, or four hours in one day. Commissioner Pearce interjected requesting staff provide a report so that the information being provided by the claim might have context. Ms. lleckcr summarized the staff report and described the background and scope of this item. She displayed several charts on the overhead screen and noted that staff wanted to show the types of sizes and uses the conditional use permit covered. In response to an inquiry by Chairperson Fox regarding recowse for a business owner who was located under a permitted use such as a noisy children' dance studio, PLANNING COMMISSION MINDTES March 14, 2007 Pagc 1 of 7