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Ms. Decker replied that the over-tho-counter approvals still Cell under Code requirements and that if there were an issue, it would be a Codc enforcement issue. However, she clarified that usually the business was unaware of any issues and was happy to work with the City to mitigate the other tenants' concerns. In response to an inquiry by Commissioner O'Connor regarding State licensing, Ms. Decker replied that tutoring uses were generally counted at a ratio of 1-to-6, a standard that was similar to the State ratio. She added that they were not considered day cart facilities; therefore, State licensing was not part of the discussion. She noted that in many uses, such as karate studios as an example of one that was recently approved, the noisier activities were generally in off-peak hours after a quiet warnnip. Chairperson Fox read the State list of uses that required licensing and detailed other kinds of child care uses. She expressed concern about Item (L), and read, "I;xcmption is any program that provides activities for children in an instructional nature, in a classroom-like setting, and satisfied both of the following: (1) is operated only during periods of the year when students in kindergarten and grades one and hvo are normally not in session in the public school district where the program is located due to regularly scheduled vacations; and (2) offers any number of sessions during the period specified that when added together do not exceed a total of 30 days, when only school-age children are involved in the program, and l 5 days, when children under the school-age are enrolled in the program." She noted that summer programs appeared to be exempt. Ms. Decker noted that she was correct She noted that staff considered the question whether the particular use permit required State licensing, and in all cases required that the applicant provide the necessary State license. She noted that the State no longer issued letters, but staff always contacted them by phone. She noted that if a use fell under the day care guidelines, it must have the appropriate licensing. She noted that there was a variety of checks and balances. Commissioner Pearce questioned how the butler was established around schools as 300 feet and wondered if the City had the location of all of the tutoring schools at that time. Ms. Decker clarified that the wireless buffer was a requirement per the Pleasanton Municipal Code related to State-licensed schools. Commissioner Narum noted that several years ago, the Parks and Recreation Commission recommended cutting the 300-Riot buffer back to 200 feet; the City Council did not agree and wanted it left at 300 feet. She believed it was a safety concern. Commissioner I31ank believed that the wireless cou~pany wished to stay in the good graces of the City and did not want to challenge it I-le supposed that at sonic point, someone could bring forth a Federal pre-emption challenge, which would be an interesting situation to observe. Commissioner Pearce inquired whether all tutoring facilities with prior approvals would be grandfathered into the Codc amendment She further inquired whether they would have to comply with the Code amendment Ms. Tlarryman believed that the facilities that PLANNING COMMISSION MINUTES March 14, 2007 Yagc 2 of 7