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Ms. Decker stated that at some point, United Youth Enrichment vacated the site and was replaced by Little Ivy League under the auspices of that use permit, and in 2006, Pleasanton Community Church vacated the site and Fountain Community Church took over the conditional use permit. She noted that as a result, Fountain Community Church and Little Ivy League were now operating under the same use permit of Pleasanton Community Church and United Youth Enrichment. Ms. Decker explained that use permits run with the land, and a similar facility can operate at the site without any other entitlement provided it complies with the hours of operation and number of children. She added that the Director of Community Development may evaluate and approve a requestfor extended operating hours if found to be insubstantial conformance to the use permit; however, this did not occur at this site. Ms. Decker noted that in this regard, staff has provided the Commission with an e-mail from Mr. Kevin Ho expressing concerns on the operations at 4455 Stoneridge Drive, to which Ms. Soo has provided answers. Ms. Decker stated that this a-mail is coincidental with an action by the City's Code Enforcement Officerwhovisited the site where Little Ivy League was located to determine if it was operating under the original United Youth Enrichment program's use permit of 25 students. She noted that the Officer found that the facility was not in compliance, having about 50 to 60 children at the site. Ms. Decker continued that in light of the concurrent application submitted to the City, Little Ivy League then submitted an application to locate at 4430 Willow Road, to be held together with and adjacent to a suite with an application for Fountain Community Church, which was processed and recently approved by the Commission. She stated that during Little Ivy League's leasing process, it determined that the site was no longer viable and found the site at 5925 West Las Positas, which is before the Commission this evening. She noted that the Code Enforcement action begun for 4455 Stoneridge Drive was then held in abeyance because an application had been submitted for a different site. She added that this action is not uncommon with the City's processes. Ms. Decker noted that the Commission had requested the Minutes of the meetings at which PCUP-143 and PCUP-138 were approved and had inquired if the conditions of approval had changed between these actions. She indicated that PCUP-138, the original Little Ivy League approval at 2340 Santa Rita Road, was limited to 30 students at 2.5 hours a day, and PCUP-143, United Youth Enrichment, has a limitation of 25 students for after-hours as well. She noted that while the conditions for both actions were essentially the same in nature, the number of conditions did change, from six conditions for PCUP-138 to nine conditions for PCUP-143. She added that the current application under consideration has 19 conditions and have more criteria to abide by. PLANNING COMMISSION MINUTES, December 10, 2008 Page 18 of 35