18 ATTACHMENT 05 - Laserfiche WebLink

ATTACHMENT 5 DRAFT PCUP-200, John Pfund, Tri-Valley Martial Arts Application for a conditional use permit to allow a martial arts academy which would (a) include up to 20 students ages 5 to 12 years, and an additional 10 students 16 years and older and 1 employee, Monday through Friday between the hours of 11:30 a.m. and 9:00 p.m.; and (2) provide (a) child transportation to the academy from elementary and middle schools, (b) an afternoon program for children between the hours of 11:30 a.m. and 6:15 p.m., (c) an area for homework activities, (d) after-school martial arts-related games and activities, (e) seasonal camps, and (f) care and supervision from 9:00 a.m. to 6:15 p.m. on school holidays, two weeks during the school winter break, and ten weeks during the school summer break, in an existing building located at 1262 Quarry Lane, Suite A, in the Valley Business Park. Zoning for the property is PUD-I (Planned Unit Development -Industrial) District. Ms. Amos presented the staff report and detailed the history, layout, and scope of this application. Ms. Decker stated that staff had received various questions regarding the project and wished to answer them for the benefit of all the Commissioners. Ms. Decker then addressed the question of how the program interfaced with the school system and whether it was specifically endorsed by the Pleasanton Unified School District (PUSD). When staff discussed this with PUSD, the District responded that while business brochures for extra-curricular activities are made available to families, it was not specifically endorsed by the District and that businesses operated independently of the District. She added that there was adult supervision provided by teaching staff to the van from school. She noted that staff was questioned regarding the pickup location by the van and that if that was slightly off school property, which introduced liability issues. She noted that the District and the applicant were addressing that issue. Ms. Decker noted that the question of how the children were being picked up had been addressed thoroughly in the staff report; the van could transport up to 14 children and an employee's sports utility vehicle was capable of transporting up to seven children and would be driven by a private party. The condition of approval stating that parents would sign the children into and out of the facility originated from the Planning Commission's specific desire to have children escorted by a supervising adult; however, it did not address transportation. Ms. Decker noted that staff had received two letters from Barbara Bobincheck, the Licensing Program Manager from the Department of Social Services (DSS), one stating that the facility needed a child daycare license, and another, superseding the first letter, stating that they did not need a daycare license. The policy was faxed to staff, outlining how the policy can be exempted for recreational facilities for children who did not need supervision in any way, as detailed in the staff report. The letter indicated that the policies were originally crafted for boys' and girls' clubs within neighborhoods and not for a use such as this or for tutoring facilities. Ms. Decker addressed the issue of the exemption with Ms. Bobincheck, who stated that the City was not required to acknowledge the policy which stated that the children must be free to come and go at DRAFT EXCERPTS: PLANNING COMMISSION MINUTES, 2-13-2008 Page 1 of 15