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However, there are problems with the current application as it relates to parking and circulation. The Academy will have 2 instructors including the owner/applicant, up to 20 children, and up to 10 adults. Staff believes that this use is not compatible with surrounding uses because of the lack of parking and circulation issues. Although this issue could be resolved, if the Academy reduced the maximum number of adult students to 6, that is not the application pending before the Commission. For the reasons stated above, staff believes that this finding cannot be made as the application is currently proposed. 2. The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. As stated above, allowing children to come and go freely is contradictory to the conditions that the Planning Commission has imposed on similar facilities that require children under the age of 13 to be signed in and out. Even if the child were picked up and "signed in" by Mr. Pfund or his employee/instructor and then picked up and "signed out" by a parent, the waiver nevertheless allows a child to be able to come and go freely. Children that will attend the Academy are very young, even kindergartners, and it is neither logical nor appropriate to allow them to be able to come and go freely or attend 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. Motorists within the Business Park would not expect to encounter young people which could lead to an injury. For all of these reasons, staff believes this finding cannot be made as the application is currently proposed. 3. The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance. Given the degree of inconsistency between what was originally submitted (that led to the issuance of the Zoning Certificate, subsequently rescinded) and the information that was later submitted (e.g., multiple revisions of the scope of operations) and given that the applicant did not cease operations as directed by staff by December 31, 2007 (see Exhibit C for Code Enforcement's letter directing that the applicant cease operations as of January 4, 2008), the proposed use is detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Therefore, staff believes this finding cannot be made. ENVIRONMENTAL ASSESSMENT Existing facilities consisting of the operation, permitting, licensing, or minor alteration of PCUP-200, Tri-Valley Martial Arts Academy Planning Commission Page 1 S of 16