18 ATTACHMENT 03 - Laserfiche WebLink

"I understand that Tri-Valley Martial Arts Academy and the A+ Program is not a daycare ....I acknowledge that they [the Academy] is not responsible for supervision and care of my child/children after school or in summer camp. Furthermore, I authorize that my child/children are free to come and go from their facility and do not have to go to martial arts if they do not want to..." Allowing children to come and go freely runs contrary conditions that the Planning Commission has routinely imposed on these uses which requires children under the age of 13 to be signed in and out from a facility. Even if the child were picked up and "signed in" by Mr. Pfund or his employee/instructor and picked up and "signed out" by a parent, the waiver nevertheless allows a child to be able to come and go freely. Moreover, the Academy contemplates young children, even kindergartners, and it is neither logical nor appropriate to allow them to be able to come and go freely from a facility that is "not responsible for the supervision and care" of children. Finally, the Academy is proposed in the middle of an industrial park, and not in a residential area. Children, some as young as kindergarteners, could be at risk from motorists who would not necessarily expect to encounter such young people in the Business Park. For all of these reasons, staff recommends that Mr. Pfund's application be denied. FINDINGS The Planning Commission needs to make the following findings prior to granting the conditional use permit for the proposed business: 1. The proposed location of the conditional use is in accordance with the objectives of the zoning ordinance and the purpose of the district in which the site is located. Objectives of the Zoning Ordinance include: fostering a harmonious, convenient, workable relationship among land uses; protecting existing land use from inharmonious influences and harmful intrusions; and ensuring that public and private lands ultimately are used for the purposes which are most appropriate and beneficial to the City as a whole. The proposed martial arts school would provide instruction lessons to local children and adults along with providing other child related martial arts services. The City has allowed similar uses to be located in industrial and office areas. Staff is not aware that any of these teaching or child care- oriented businesses has created any impacts on surrounding businesses. Similar to other requests and in an effort to be consistent, it appears that the martial arts may be considered compatible with surrounding uses. The subject building is located in Valley Business Park, which is located in a Planned Unit Development -Industrial (PUD-I) District, and is intended to provide sites for industrial uses, neighborhood and support commercial uses, and office uses. Given the scale of the operation, and its location, the proposed use would be compatible with surrounding uses. PCUP-200, Tri-Valley Martial Arts Academy Planning Commission Page 14 of 16