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City. He added that he did not want Mr. Pfund's livelihood to end around Christmas time with an answer that would be the same as if his item were heard today. He requested that should the Commission be unable to hear him tonight, Mr. Pfund be allowed to open his business under the approval he received in November of 2007 and to remain open until the item is heard by the City Council, assuming the Planning Commission's decision will be appealed. 4. REVISIONS AND OMISSIONS TO THE AGENDA Ms. Decker advised that Item 6.a., PCUP-229, John Pfund, Tri-Valley Martial Arts Academy has been continued to a future meeting, noting that in her September 17, 2008 memo to the Planning Commission, she had indicated that staff has received numerous questions that staff has been attempting to answer, and, therefore, the item has been continued and will be placed on the agenda at the soonest possible date. Chair Blank inquired what that date might be, and Ms. Decker replied that this item is being reviewed in terms of the timing conflicts with other projects that are taking precedence within the City. Commissioner Pearce asked Ms. Seto for clarification regarding Mr. Balch's reference to the 40-day limit in the Municipal Code. Ms. Seto replied that to the extent that staff is still gathering responses to questions which have been posed, staff is recommending a continuance. She noted that in theory, the Commission could hear the matter tonight and make a decision, or the Commission could open the hearing and continue it to get the information that has been requested, or the Commission could proceed and deny the application absent the information the Commission may need to make an informed decision. She stated that staff believes continuing the matter to get all the information requested would be the most appropriate way to handle the matter. She noted that as was mentioned earlier, staff has not been delaying bringing the matter forward because of a simple delay to get information, but that staff has been receiving more questions subsequent to scheduling the item, which has caused the need to gather more information in response. Chair Blank inquired if it would take a 4/5 or a simple majority to schedule the matter this evening. Ms. Seto replied that it would be a simple majority vote because the item has already been scheduled and would meet the Brown Act requirements. She added that the Commission would need to consider the fact that the public has been informed that the item was to be continued, and people who might have wanted to attend the meeting are not present. Commissioner Fox added that the City Manager had indicated that he wanted to review the staff report as well as the questions and responses before the hearing. PLANNING COMMISSION MINUTES, September 24, 2008 Page 4 of 41