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5. Exhibit C: Staff Correspondence and Zoning Certificate <br />(previously provided to the Commission as Attachment 2 of the <br />bound blue "Attachment" document) <br />6. Exhibit D: Applicant Correspondence (previously provided to <br />the Commission as Attachment 3 of the bound blue <br />"Attachment" document) <br />7. Exhibit E: Attendance Sheet <br />8. Exhibit F: Franchise Handout Information <br />9. Exhibit G: Tri-Valley Martial Arts Academy Website Program <br />Information <br />10. Exhibit H: City of Dublin Reports, City Council Meeting <br />Minutes, Written Narrative, and Staff Correspondence dated <br />"Received November 19, 2007 City of Pleasanton Planning <br />Department" <br />11. Exhibit I: Public Correspondence <br />12. Exhibit J: Community Care Licensing Correspondence <br />(previously provided to the Commission as Attachment 2 of the <br />bound blue "Attachment" document) <br />13. Exhibit K: Child Care Centers General Licensing <br />Requirements <br />BACKGROUND <br />On June 27, 2007, staff approved an "over the counter" Zoning Certificate for Tri-Valley <br />Martial Arts Academy to operate a martial arts academy at 1262 Quarry Lane, Suite A. Staff <br />did so in error. Although the City had recently amended the zoning code to allow certain <br />recreational facilities to operate without a conditional use permit if they had no more than 20 <br />students, this code amendment only applied to properties zoned Commercial, Office, or <br />Industrial. (See PMC 18.44.090, 18.40.030, and 18.48.150) <br />Here, the Tri-Valley Martial Arts Academy ("Academy") would be located in a Planned Unit <br />Development (PUD) district and not in the Commercial, Office, or Industrial zones. The PUD <br />regulations for the Valley Business Park require recreational sports facilities (and day cares) to <br />obtain a conditional use permit. <br />When planning staff realized this error in July 2007, staff called the Academy on two occasions <br />and left messages regarding the need for a conditional use permit; staff did not receive a return <br />call. <br />On August 17, 2007, the City's Code Enforcement Officer sent a letter to the Academy stating <br />that the business needed to secure a conditional use permit (CUP) but would be allowed to <br />continue to operate based on the information provided on the Zoning Certificate, so long as a <br />completed conditional use permit application was received by September 1, 2007. Since the <br />PCUP-200, Tri-Valley Martial Arts Academy <br />Planning Commission <br />Page 2 of 16 <br />