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3. MEETING OPEN FOR ANY MEMBER OF THE AUDIENCE TO ADDRESS THE PLANNING COMMISSION ON ANY ITEM WHICH IS NOT ALREADY ON THE AGENDA. John Pfund, Tri-Valley Martial Arts Academy, stated that the last time he was before the Commission and presented his case, the Commission acted to deny the permit without prejudice. He noted that the Commission had indicated then that he had a great program but that he needed a childcare license. He stated that he has since taken all the necessary steps and has completed his childcare license; the State Licensing Office has visited and approved his site, including not only the building but also the alternative to the outside play yard. He added that he also gave the State Licensing Office representative a tour of the other youth centers in the business park, and the only thing he is waiting for is the completion of his background clearance, which should come any time. Mr. Pfund noted that this item has been continuously continued because of an enormous number of questions. He stated that he met with Brian Dolan and Natalie Amos this morning and was told that the City Manager will review the answers to the questions, after which the item should be ready to go before the Commission. He added that the matter was supposed to be heard at tonight's meeting but was again continued. He requested the Planning Commission to allow the project to move forward and stated that he would appreciate anything they could do to have it heard as quickly as possible. Jack Balch, owner of the Tri-Valley Martial Arts Academy site, spoke on behalf of Mr. Pfund's application. He asked the Commission not to continue the item and noted that he understands it is within the Commission's power to hold the hearing. He pointed out that Mr. Pfund's prior application was denied without prejudice, but Mr. Pfund has since revised his narrative and obtained his license. Mr. Balch stated that the initial date scheduled for the application was August 13, 2008 and noted that the City's Code states, under Conditional Use Permits Section 18.124.040, that a hearing shall be held within 40 days and that continuance beyond the 40 days is allowed only at the consent of the applicant. He pointed out that tonight's meeting is the 42nd day. He stated that if no one enforces the City Code, this could also happen to him or anyone else. He asked that Mr. Pfund be treated with respect and requested the Commission to hear the item tonight if possible and try to resolve the matter as soon as possible. He noted that Mr. Pfund's rent costs $100 per day and that it is only out of principle that he [Mr. Balch] has not evicted Mr. Pfund to date because he [Mr. Balch] does not think the City has treated Mr. Pfund right. Mr. Balch stated that he does not blame the Commission or staff, but he believes that no one has taken responsibility for the set of circumstances leading to this delay, which may increase to 56 days at a cost to him of an additional $1,400. He noted that Mr. Pfund's current bill is at $32,000 from his initial application with the PLANNING COMMISSION MINUTES, September 24, 2008 Page 3 of 41