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In response to an inquiry by Chairperson Roberts, Mr. Iserson replied that he did not know the reason why the applicant had not originally obtained a building permit. THE PUBLIC HEARING WAS OPENED. Jeff Main, 1207 Whispering Oaks Drive, Danville, noted that he was the building owner and complimented staff on its representation of the application. He noted that there had been no previous problems with small children leaving the building or with other safety issues. He noted that he did not operate the facility but was aware that the facility was well-staffed and that the children were well-supervised. Ari Lauer, attorney representing the applicant, 500 Ygnacio Valley Road, Suite 325, Walnut Creek, noted that the staff report was very accurate and added that US Gymsports provided a valuable service to the community. He noted that the participants range in age from two to 18 years and added that he had several letters of support from community leaders. He noted that gymnasts historically had high grade point averages and that gymnastics was an excellent way to prevent childhood obesity and to encourage a healthful lifestyle. Mr. Lauer noted that the applicant had operated without a permit because their general contractor had told them that the application was a modification to an existing permit and that no further action was necessary on their part. In response to an inquiry by Commissioner Maas, Mr. Lauer confirmed that both owners were local residents. He added that their architect was from Pleasanton. Commissioner Fox encouraged the applicant to install ahalf--wall with a gate in the facility, similar to that found in Gymboree, that would provide more protection for small children from running into the parking lot. THE PUBLIC HEARING WAS CLOSED. Commissioner Maas moved to make the conditional use findings as listed in the staff report and to approve PCUP-108 as conditioned in the staff report and the supplemental staff memo. Commissioner Arkin seconded the motion. ROLL CALL VOTE AYES: Commissioners Arkin, Fox, Kameny, Maas, and Roberts. NOES: None. ABSTAIN: None. ABSENT: Commissioner Sullivan. Resolution No. PC-2004-34 was entered and adopted as motioned. PLANNING COMMISSION MINUTES May 26, 2004 Page 7 of 15