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DRAFT overall parking situation at the site but noted that if most of the students came after hours, he did not anticipate a major problem. He expressed concern about potential events held during normal business hours and inquired how he should address any parking problems on his site. Cherie Francois spoke in support of this project and noted that her young son attended the martial arts classes. She recalled that at the beginning of his enrollment, Mr. Pfund made it clear that the academy was a martial arts program and not a daycare. She and her husband investigated the site and the academy very carefully and were satisfied that it would be a good place for their son to learn martial arts. She noted that her son had participated in other programs and that he was familiar and compliant with the routine of waiting to be picked up. She noted that her son became more self-confident, respectful, and physically stronger as a result of the program and that it was a very positive environment for him. She noted that there was no parking problem at the site. Scott Handelman noted that he was an attorney and represented Mr. Pfund. He realized that the issue of daycare had become a significant one for the Planning Commission and that it was largely a matter of semantics. He realized that the Planning Commission retained the authority to grant or deny the use permit and noted that it was the parents' choice to bring their children to this academy. He had been impressed by the testimony in favor of the applicant and believed the real issue was whether the parents could make this choice for their own children. He believed the parents had demonstrated that they had already made the choice to bring their children to Tri- Valley Martial Arts and believed it was a disservice to the community to disallow that choice. He noted that the zoning permit had been originally granted to the applicant, which he relied upon to his detriment. Mr. Pfund had entered into athree-year lease at a very significant rental cost, and if the permit were to be denied, he may be left with a possible lawsuit for the remainder of the lease term. He understood that the legal ramifications was not part of the Planning Commission's decision and emphasized that the parents should be able to snake the decision. Mike Martin spoke in support of this project and noted that he had two children enrolled in the Tri-Valley Martial Arts program. He noted that he and his wife had checked the program out thoroughly and decided that was the right activity for their children. He did not appreciate being told what the best choice for his children was and believed he and his wife had made the best choice for their children. He noted that his son had looked forward to attending the academy, and while he had not attended since it closed over Christmas break, he still wished to attend it. John Pfund noted that he could not be considered a daycare according to the Health and Safety Code because he did not provide care and supervision for the children and that the parents signed a waiver stating he was not a daycare. He noted that the Planning Commissioners or staff had not seen his program with the children and added that seven parents out of the 10 families had spoken before the Commission. He emphasized that none of the parents had described any activities that would occur in a normal daycare facility, such as playing with toys. He noted that he taught the same values to his students that he was taught by his own martial arts instructors. He recalled that the parents stated that their children had learned self-confidence, self-respect, discipline, and integrity, had become more interactive with other children, and achieved better grades. He noted that those attributes were not gained in a daycare program, and his classes were not a daycare program. He requested that an additional 10 children be allowed to enter into DRAFT EXCERPTS: PLANNING COMMISSION MINUTES, 2-13-2008 Page 10 of 15