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expanded. He indicated that he wants to be careful about requiring the applicant to obtain a childcare license just because she is willing to do this, and then suddenly finding out that two-hour firewalls have to be installed throughout the church. He stated that he wants to be careful to get the value of the issues the Commission is concerned about, as opposed to simply requiring the applicant to get a childcare license so the Commission does not have to worry about it. He added that the State might then suggest that it believes a childcare license was not issued appropriately. He stated that he believed there was a point at which time the Commission should determine what point it is most concerned about, and this was a very slippery slope. Commissioner Narum agreed with Chair Blank and stated that what was most important to her would be the criminal background check, a disaster plan for fire and earthquakes, first aid training, whether or not there would be an outdoor play area and what it would look like, all without imposing unnecessary conditions. She indicated that she visited the facility and met with the applicant and Mr. MacDonald. She noted that there is clearly a value and need in the community and that the Commission needs to find a balance in allowing the facility to operate while satisfying the Commission's concern for safety. She added that she also likes the sign-in and sign-out condition, which is already contained in the application. Commissioner Fox stated that for safety reasons, she would like to ensure that the facility complies with the Building Code for the types and numbers of children who are in the facility. She noted that the Code is there not to put financial burdens on tenants but to protect the public health and safety of the occupants because congregations of children where there are less adult-to-student ratios trigger the Building Code. She indicated that it is not just a matter of updating the building from a B to an E occupancy, but ensuring that a fire that occurred in 2004 at the after-school program across from Dublin Elementary School that burned the building to the ground within one hour does not happen here. She noted that it was fortunate that there were no children in the facility at the time of the fire. Chair Blank noted that that building was not sprinkled. 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 PLANNING COMMISSION MINUTES, December 10, 2008 Page 21 of 35