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1020 Serpentine Lane, Suite 111. Mr. Hodnefield stated in his letter that because of the <br />favorable Planning Commission decision related to his parking application he is <br />withdrawing his objection to the granting of the appellant's use permit. Mr. Hodnefield's <br />letter and public comments provided from the February 13, 2008 Planning Commission <br />noticing can be found in Attachment 7. <br />ENVIRONMENTAL ASSESSMENT <br />Pursuant to the California Environmental Quality Act (CEQA) Sections 15061(b) (3) and <br />15301 (Class 1), this activity is covered by the general rule that CEQA applies only to <br />projects that have the potential for causing a significant effect on the environment. Staff <br />finds that there is no possibility that the activity in question will have a significant effect <br />on the environment. Therefore, this activity is not subject to CEQA, and no <br />environmental document accompanies this report. <br />CONCLUSION <br />Staff is concerned that the appellant has been inconsistent in describing the scope of <br />his proposed operations, that the appellant delayed ceasing his operations, and that the <br />appellant's statement that the facility is not responsible for the supervision and care of <br />the children at the facility poses unacceptable safety issues for children attending the <br />facility. <br />Therefore, staff recommends that the City Council deny the appeal, thus upholding the <br />Planning Commission's decision to deny the conditional use permit. <br />Submitted by: <br />Jerry Iserson <br />Director of Planning <br />and Community Development <br />Approve by: <br />Nelson Fialho <br />City Manager <br />Attachments: <br />1. Draft Resolution <br />2. Location Map <br />3. Planning Commission staff report, dated February 13, 2008 <br />4. Attachments to the Planning Commission Staff Report, dated February 13, 2008 <br />5. Draft Excerpts of the Planning Commission Meeting Minutes, dated February 13, 2008 <br />6. Planning Commission Findings Section <br />7. Public Correspondence <br />8. Attendance Sheet for Tri-Valley Marital Arts Academy <br />9. Franchise Information, dated "Received December 18, 2007" <br />10. Tri-Valley Martial Arts Academy Website Program Information <br />11. City of Dublin Information <br />12. Child Care Centers General Licensing Requirements <br />13. Staff letter to John Pfund denying, without prejudice, PCUP-200 <br />Page 8 of 8 <br />