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The subject site borders Hart Middle School to the east across Willow Road, Agilent Technologies and Hewlett Packard Invent to the north, the Chabot Canal to the west, and professional/commercial/industrial service offices to the south across West Las Positas Boulevard. The building is surrounded by a shared parking lot with a total of 173 parking spaces, six of which are handicap parking spaces. Access to and from the site is from West Las Positas Boulevard or Willow Road. The nearest residential properties are located approximately 900 feet south of West Las Positas Boulevard. Project Description Little Ivy League (LIL)T is an existing tutorial facility that provides academic enrichment classes to school-age children. It provides a variety of tutorial programs emphasizing Chinese culture, art, English language, and math. While LIL focuses its programs on students in Grades K-8, it also offers art and cultural programs to adults in the morning when the students are in school. LIL proposes to operate from 9:00 a.m. to 6:30 p.m., Monday through Friday. During school breaks, the facility would operate from 8:00 a.m. to 6:30 p.m., Monday through Friday. LIL would utilize the Church's Sunday school classrooms to conduct its programs. It would pickup up students from local schools after school/class is dismissed. Students would then be picked up at the project site at the end of the day. LIL will implement a parent sign-out procedure so that LIL staff will not release any student to an unauthorized person. For additional project information, please refer to the Planning Commission staff report (Attachment 5) and the applicant's project operational description (Attachment 3). PLANNING COMMISSION ACTION The Planning Commission held a public hearing on December 10, 2008 to review the proposed project. Detailed information on this meeting is provided by the attached excerpts of the Planning Commission meeting minutes (a podcast is also available on the City's web site at www.ci.pleasanton.ca.us). A larger number of LIL parents spoke at the hearing indicating support for the project. The Commission approved the application on a 4-1 vote (Commissioner Fox dissenting), subject to staffs recommended conditions with modifications requiring the applicant to: require a criminal background check for all adults employed by the facility prior to the obtaining a business license; require all adults working in the facility to undergo first-aid and CPR training and ensure that these certifications are current at all times; prepare and submit a disaster plan to the Planning Division; prepare and submit a plan that ensures fresh air access for the students during summer and winter school breaks as feasible, subject to the review and approval of the Director of Community Department. DISCUSSION Commissioner Fox indicated that she appealed the Planning Commission approval for the following reasons: the proposed facility is not a recreation facility, and so it should not be exempt from childcare licensing requirement; the building where the facility would be located cannot meet the requirements for childcare center occupancy. It is also referred to as "Yang Fan Academy'. Page 3 of 5