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children of all ages and could not freely come and go, and the use does not comply with the zoning code. There are a series of dates of actions that took place and staff found over the course of submittal, the narratives have been inconsistent during meetings and no real understanding of the proposal is in place. The appellant did not comply with the City's request to meet these requirements, and based on historical performance staff recommended to the Planning Commission that the 3 findings could not be made. The Planning Commission evaluated findings and found that although there may be constraints, they believed finding 1 could be made that adults are calculated based on 16 years and older and evening parking could be provided by surrounding businesses not open in the evening. The Commission could not make finding 2 as they felt it was in fact a structured program with scheduled activities and children were supervised. The Commission also felt they could make the 3 finding based on the January 24 narrative. She said staff has information that Mr. Pfund had used the location as his residence and had a handgun on premises which the Planning Commission did not believe was appropriate. Therefore, staff recommends the Council adopt the resolution denying the appeal and uphold the Planning Commission decision denying the use permit. Mayor Hosterman opened the public hearing. John Pfund, Tri-Valley Martial Arts, Appellant, presented various pictures of the business and the property, said he has been teaching martial arts and working with children for over 30 years, said staff acknowledges his use is compatible with other uses in the business park and presented pictures and described operations of similar businesses in the business park. He disagreed there was insufficient parking, presented pictures of the parking lot and said often the lot is empty. Staff has indicated he failed to cease his operations when told to do so; however, he received two letters which indicated he could continue until December 18; however, when he returned from vacation in early January he found a letter dated December 26 from the City ordering him to cease his business operation. He met with staff at the first opportunity on January 7, staff alleges inconsistencies with his narratives, he reduced students from 30 to 20, met with Jerry Iserson, and explained why he should re-open and he again re-wrote his narrative, stating the only inconsistency is the change in the maximum amount of students. Mr. Pfund said the chief concern of staff has to do with his free to come and go waiver and that he was not allowed to say he provides care and supervision. He said he has worked with the licensing program manager of Community Care Licensing who came up with a solution that satisfies all concerns. An April 3 letter states that his program is approved for exemption as a private recreation program; that if operates for more than 15 hours per week it must be no more than 12 weeks in duration and back to back sessions are permitted. She also has confirmed he has the right to require children being signed out of the facility and also that he is now providing care and supervision of the kids. Children are no longer free to come and go, he no longer needs the waiver and he can sign kids in and out and requested the City condition the use permit on requiring kids to be signed in and out by a responsible adult. His only change will be the 12 week contract to comply with State regulations. He said one Planning Commissioner wanted to classify him as a childcare center, but the Licensing Program Manager said childcare requirements are those catering to children fewer than 5 and workers are required to have certain education and certifications. Those older need City Council Minutes 5 May 6, 2008