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Application for a conditional use permit to allow the operation of the following at 1262 Quarry Lane, Suite A, in the Valley Business Park: (1) a martial arts/childcare facility, Monday through Friday, from 11:30 a.m. to 6:15 p.m.; (2) full-time childcare program camps during school breaks and holidays; and (3) evening martial arts classes, Monday through Friday, from 6:45 p.m. to 9:00 p.m. Zoning for the property is PUD-I (Planned Unit Development - Industrial) District. Action Recommended: Approval. Action Taken: Approved per staff, with the following modifications • Modify Condition No. 4 to indicate that until such time that the applicant obtains a childcare license, no children aged 12 years and under can participate in the facility's program for more than 16 hours per week and longer than the 12-week period outlined in the private recreation exemption section required by the State Child Care Licensing Division. During the interim timeframe the facility is operating without a childcare license, the applicant shall meet all requirements of the State with respect to documentation, operations, student ratios, and all other requirements of the Child Care Licensing Division. • Modify Condition No. 7 to allow the use of orange-colored rubber training "mock" guns only for the evening adult classes. • Modify Condition No.9 to include language informing the parents of participating children of the industrial uses in the surrounding site within Valley Business Park. • Modify Condition No. 10 to include language that the applicant shall obtain a childcare license from the Department of Social Services by or before June 30, 2009. If it is uncertain that a childcare license can be obtained by this date, it is the responsibility of the applicant to submit a request to modify the conditions of approval at least 30 days before June 30, 2009. If a childcare license is not procured or a request to amend the conditions of approval is not presented to the Planning Division, the use shall sunset and all operations shall cease immediately. The interim use of the site shall not be permitted beyond June 30, 2009. • Modify Condition No. 13 to include language that no outdoor storage is allowed except to accommodate existing trash enclosures. • Add a new condition that no activities shall be conducted beyond the hours noted in Condition No. 4, and that the facility may remain open for transitioning between daytime and evening classes and fora '/z-hour period before and after the hours of operation for the facility to be cleaned and set up and for patrons to leave the facility. • Add a new condition that overnight camps shall not be permitted and no children or adult, including the applicant and facility staff, shall be permitted to stay overnight in the facility for any reason. Vote: 4-1 (Fox voted no). Submitted by: Approved y: ~-~ ~~~ Brian Dolan Nelson Fialho Director of Community Development City Manager Page 2 of 2