11 ATTACHMENTS - Laserfiche WebLink

Commissioner Fox continued that she would like to have the E occupancy in place because State law puts that requirement in place to protect children in numbers of that magnitude. She noted that skirting the regulations is not in conformance with the California Building Code and that she would not support the facility remaining in B occupancy just because it might be financially restrictive. Commissioner Narum stated that she did not feel the Commission was skirting State law, but rather, the Commission is honoring the State exemption in place while adding further protections, which is the Commission's right to do for businesses in Pleasanton and for the community. Commissioner Pearce inquired if additional conditions to the application were to be in effect prior to operation of the business in the new building. Ms. Decker replied that would be the case. With respect to ensuring that the occupancy or tenancy in the area meets the Code, she noted that Condition No. 15 requires that the applicant contact the Building and Safety Division and the Fire Marshal prior to the issuance of a business license to ensure the proposed use of the tenant space. Chair Blank noted that the applicant had that she had contacted and met with the fire and building officials, who inspected the sprinklers and emergency exits and deemed them appropriate for the use. With respect to the comments made by Commissioner Narum, Ms. Decker stated that those conditions could be added; however, she recommended that the Commission reconsider the requirement for an outdoor play area as there is no real accessible play area on the site other than the parking area, and the adjacent structure and use has numerous truck deliveries on site. She noted that staff has not evaluated this and recommended that if the application were conditioned to require an outdoor play area, the Commission also provide the flexibility to have the Director of Community Development review and make the final determination to ensure the safety of the children. Chair Blank stated that the program does not seem like the kind of school where the children are in romper room all day but has structured timeframes where the children go from one class to another. He noted that in this sense, he felt an outdoor play area would not be as critical. Commissioner Pearce inquired if the conditions would be crafted such that they would need to be complied with prior to the issuance of a business license or some other event. Ms. Decker replied that the Commission could condition them prior to occupancy or obtaining a business license. She noted that as stated by the applicant, the Fire Department has visited the facility, and the facility is currently ready to be occupied. She added that the applicant would need to contact the Building and Safety Division prior to occupancy and would require a business license. EXCERPTS: PLANNING COMMISSION MINUTES, December 10, 2008 Page 18 of 21