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18 ATTACHMENT 05
City of Pleasanton
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CITY CLERK
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2008
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041508
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18 ATTACHMENT 05
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4/10/2008 2:39:52 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
4/15/2008
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18 ATTACHMENT 05
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DRAFT <br />work with the City but that it seemed his experience in Dublin was not as successful, based on <br />the City of Dublin's perspective. <br />Mr. Pfund noted that the items mentioned in the letters, such as pistols, were used for martial <br />arts. He noted that he kept personal products and clothing on hand because he spent most of the <br />day and evening in the studio so he could change into clean clothes after the business day. He <br />noted that the shower was installed with permits by his landlord. He noted that with respect to <br />flammable materials and exposed wires, he had had an incident the week before the City planner <br />came out; he had turned his furnace on, which resulted in a loud "pop" noise. He subsequently <br />had the Fire Department come out to inspect it and used the paint buckets to climb into the roof <br />area to fix the problem; the Fire Chief subsequently told him that everything was fine. Later on, <br />the Building Inspector examined the building and found that the paint and exposed wires on the <br />roof, which were out of his sight, needed to be fixed. He noted that he worked with the Building <br />Inspector on that issue. With respect to the suspended ceiling, he was informed by the Code <br />Enforcement Officer that he was not able to leave the rope in that area; he work expediently to <br />correct that matter as well. He noted that he was issued afollow-up letter, clearing him from <br />each of the violations. He added that his facility had been closed due to the fire hazards and that <br />he worked with the Building Inspector to promptly resolve the issues. <br />In response to an inquiry by Commissioner Fox regarding the follow-up letter and other zoning <br />violations noted regarding hours of operations, Mr. Pfund replied that he and his landlord were <br />still working with the City of Dublin at that time to correct the wiring issues. With respect to the <br />trash issues as well as the hours of operations and youth programs occurring on weekends, Mr. <br />Pfund replied that while his facility was closed, the garbage accumulated. He noted that he had <br />taken care of those issues. With respect to the youth programs on the weekends, that did not <br />apply to him but to his co-tenant. He noted that while the Fire Chief was working with him, he <br />did not make any mention of the items later cited by the Building Inspector. He emphasized that <br />he worked with the Building Inspector to correct the conditions as quickly as he could. With <br />respect to the conditional use permit, the City of Dublin had lost his conditional use permit <br />paperwork; he was required to reapply for a new conditional use permit, which he was granted. <br />In response to an inquiry by Commissioner Fox regarding whether he had changed physical <br />locations in Dublin, Mr. Pfund replied that he had moved across the street from his original <br />location. He noted that he had a conditional use permit for each location. <br />Commissioner Pearce requested that the applicant clarify the conditions that would exempt him <br />from providing care and supervision. She understood that his business must be a drop-in <br />program without supervision, without specific activities, without a structured program, and <br />inquired how that would apply to a martial arts program, which seemed to provide each of those <br />items. Mr. Pfund replied that he was exempt because he held achild-care licensure waiver and <br />required the parents to acknowledge that their children were free to come and go in his facility. <br />He was, therefore, not required to have a license or to follow the rest of the Health and Safety <br />Code, which did not apply once it was established that he did not need a license. <br />In response to an inquiry by Commissioner Fox regarding whether the City Attorney agreed with <br />that statement, Mr. Roush replied that he did not agree with that statement. He advised that just <br />DRAFT EXCERPTS: PLANNING COMMISSION MINUTES, 2-13-2008 Page 6 of 15 <br />
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