PC 111208 - Laserfiche WebLink

Mr. Pfund stated that he was not certain how long it would take to complete the background check. He explained that the reason there is a lot of information from Dublin is because a student who was in his academy in 2002 accused him in 2004 of molesting him. Mr. Pfund stated that he was arrested, put through two years of pressure, and in 2006, with his eyewitnesses, polygraph test, and psychological examination demonstrating to the court that he has no characteristics of a pedophile, the District Attorney dismissed his case and it never went to trial. He stated that he was cleared, has had no convictions, and has had no run-ins with the law. He added that he does not drink and he is a role model; he has done martial arts for 30 years, and his teachings make him a strong role model. He noted, however, thatthe arrest hangs on his record and it is serious. He stated that his background check should be granted because there is nothing on his record, but because of the arrest, the matter is being investigated thoroughly, eyewitnesses are being called, and records are being checked, after which it will go back to the supervisor, who is trying to expedite his case. He indicated thatthe supervisor could not provide him with an answer as to how long the investigation will take. Mr. Pfund stated that Suzanne Bothwell, Barbara Bobincheck, and Fred Gill who is the manager of the entire Bay Area, all know about the arrest and what Trust Line, the background check processor, is doing, and they still have granted him approval. Commissioner Olson stated that from his point of view, he felt there is need to put a time limit on any kind of conditional approval. Mr. Pfund stated that summer starts in six months, which should allow for enough time to process the background check. He requested six months to run his after-school program and get some business. Commissioner Fox referred to the E occupancy, stating it would require atwo-hour fire- rated wall between the existing and the adjoining tenant spaces, as well as a supplemental fire sprinkler system. Mr. Dolan stated that there are some subtle differences and noted that Mr. George Thomas, Chief Building Official, would address these. Commissioner Fox inquired what the timeframe is when plans would need to be submitted to the Building Division for tenant improvements for an E-Class occupancy. She further inquired how the skylight would affect the ability to put additional sprinklers in. Mr. Thomas stated that the building code allows a variety of options for complying with an E-Class occupancy and that an E occupancy does not trigger the need for fire sprinklers. He noted that the entire building is less than 14,500 square feet, which is the maximum area the Building Code allows for an E occupancy within anon-sprinklered building. With respect to the two-hour fire wall, Mr. Thomas noted that under the prior Building Code, the requirement was cone-hour fire separation wall; the new 2007 California Building Code is more restrictive and requires atwo-hour fire wall. He noted thatthe building has an existing one-hour fire wall in place. PLANNING COMMISSION MINUTES, November 12, 2008 Page 11 of 29