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Ms. Harryman explained that the difference is that the PUD zoning for the property states that this type of use is allowed with a Conditional Use Permit, but VBP's private CC&Rs state that this kind of use is allowed subject to the approval of the Architectural Review Board, which did not approve it. She added that the City only looks at its own zoning provisions and applies those. Considering if this application were called a tutoring facility, Chair Narum inquired if the Longshore Tutoring Center had a Use Permit at that site and whether it could be used by Summer Time Learning Center. Ms. Amos said yes. Ms. Stern added that the application would need to be consistent with all the conditions. She indicated that she is not certain if Longshore Tutoring Center had age limitations either. Ms. Amos noted that Longshore Tutoring Center's hours of operation were different and it had a greater number of students that would be there. She continued that the ages of the children were different as well; the students were not as young, and some actually went to high school. She indicated that there was also a bit of difference in terms of their business practices. Chair Narum inquired if Longshore Tutoring Center had more than the 15 students maximum. Ms. Amos replied that there is no maximum number of students for this specific PUD. She explained that the maximum number of students for straight-zoning designation sites without a Conditional Use Permit is 20. She added that it is different for PUDs, where a Conditional Use Permit is required no matter the number of students. Chair Narum inquired if she remembers how many students Longshore Tutoring Center was permitted to have. Ms. Amos replied that she believes it is 40. Ms. Stern added that staff felt there might be some additional conditions the Commission may want to apply for this younger age group. THE PUBLIC HEARING WAS OPENED. Bryan Bowers stated that he is the building owner with his family, and his wife, Summer, is the applicant. He indicated that they wanted to open up the learning center for the summer to fill the need at the time for the Pleasanton area, since most of the summer school programs have incurred budget cuts. He stated that they looked at the zoning and saw that it was a Conditional Use. He noted that they attempted to get an approval from the VBP Owners Association, and when he talked to the Board, the members expressed concern over the safety of the children. EXCERPT: PLANNING COMMISSION MINUTES, JUNE 8, 2011 Page 2 of 15