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ATTACHMENT4 PCUP-224. Little Ivy League School Application for a conditional use permit to operate a tutorial school with a maximum of 90 students located at 5925 West Las Positas Boulevard, Suite 200. Zoning for the property is PUD-I/C-O (Planned Unit Development- Industrial/Commercial-Office) District. Ms. Jenny Soo presented the staff report and described the scope, layout, and key elements of the project. Commissioner Fox referred to an a-mail from staff, dated December 10, 2008, with additional attached a-mails included in the packet and that refer to a facility at 4455 Stoneridge Drive. She inquired what the relation of the facility was to the facility under consideration. Ms. Soo replied that Little Ivy League is currently located at 4455 Stoneridge Drive and that the applicant wishes to relocate to 5925 Las Positas Boulevard. Commissioner Fox referred to the State's letter of exemption and noted that it does not indicate whether the exemption is for an academic school, classroom, or private recreational facility and under what statute the exemption was being granted. Ms. Soo clarified that the exemption restricts the facility from operating for more than 16 hours; the children cannot enroll in more than one, 12-week session and, therefore, they must re-enroll in the program every 12 weeks. She noted that the applicant agrees with the exemption requirement and will abide by it. Commissioner Fox inquired whether or not the exemption was actually for the classification of a classroom or for private recreation use. Ms. Decker replied that, as noted in Section 101158 of Title 22, this is the same exemption that is used for both recreational and tutoring centers. She explained that there are two conditions under which a program can operate for less than 16 hours and that what the Commission typically has engaged in is a discussion of a limitation of 16 hours per child per facility to meet the exemption. She continued that the same exemption allows a child to attend more than 15 hours per week that is not longer than 12 weeks in duration, which is treated as a back-to-back enrollment. She added that each project is considered on a case-by-case basis and that this project was evaluated based on the assessment and evaluation of Ms. Suzanne Bothwell of Community Care Licensing Office. She noted that the applicant will be able to operate within these constraints, primarily the second portion of it being that the program is greater than 15 hours per week and that the applicant is not desirous of limiting the attendance of children to 16 hours per week. Chair Blank inquired if there is a re-enrollment process or paper trail such that the student receives a completion certificate and paperwork at the end of each session that goes on for 12 weeks to show that the student is not continuing in the program for 52 weeks. Ms. Decker replied that this particular program would be monitored by the State and the City has not been engaged in the process of looking at re-enrollment for 12-week back-to-back sessions. EXCERPTS: PLANNING COMMISSION MINUTES, December 10, 2008 Page 1 of 21