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<br /> <br />Ms. Amos said yes. <br /> <br />Commissioner Blank indicated that he did not see a letter from Valley Business <br />Park (VBP) in his packet and inquired if there was one. <br /> <br />Ms. Amos replied that it is an email and is attached to the staff report as Exhibit E. <br /> <br />Commissioner Pearce inquired why staff considers this a day care as opposed to a <br />tutoring facility, and if this is because of the number of hours or the age of the children. <br /> <br />Ms. Stern replied that this is mostly due to the age of the children: pre-kindergarten, <br />kindergarten, and first grade children are not usually into academic tutoring. <br /> <br />Commissioner Pearce indicated that she would like to ask the applicant if kindergarten <br />readiness is not considered tutoring. She noted that she is aware this is done a lot <br />here. <br /> <br />Commissioner Pearce continued that she recognizes that CC&Rs are essentially a <br />contractual relationship of which the City is not a party. She pointed out that there was <br />mention of start dates and requested clarification from staff that, should the Commission <br />approve the use, the applicant cannot start if the Business Park does not allow the <br />business to move in. <br /> <br />Ms. Harryman explained that the applicant would have City approval, and the private <br />parties would decide how to enforce it. She added that if the business owners do start, <br />one possibility would be for VBP to file an injunction stating that this is in violation of its <br />CC&Rs. <br /> <br />Commissioner Blank stated that he thought the CC&Rs allowed the use with a <br />Conditional Use Permit, which is issued by the City. <br /> <br />Ms. Harryman explained that the difference is that the PUD zoning for the property <br />states that this type of use is allowed with a Conditional Use Permit, but private <br />CC&Rs state that this kind of use is allowed subject to the approval of the Architectural <br />Review Board, which did not approve it. She added that the City only looks at its own <br />zoning provisions and applies those. <br /> <br />Considering if this application were called a tutoring facility, Chair Narum inquired if the <br />Longshore Tutoring Center had a Use Permit at that site and whether it could be used <br />by Summer Time Learning Center. <br /> <br />Ms. Amos said yes. <br /> <br />PLANNING COMMISSION MINUTES, June 8, 2011 Page 7 of 22 <br /> <br />