PC 111208 - Laserfiche WebLink

Chair Blank asked Mr. Pfund if he would have any issue about restrictions for overnight activities. Mr. Pfund replied that he would not oppose such a condition. THE PUBLIC HEARING WAS CLOSED. Commissioner Fox expressed appreciation for the timeline provided by staff and inquired what the City Council vote was on May 6, 2008 when a childcare license was required. Ms. Amos clarified that the Council did not require Mr. Pfund to go back to State Licensing, it simply acknowledged what the Planning Commission also believed that he had the appearance of operating a day care operation and denied the project, upholding the Planning Commission's decision by a vote of 5-0. Commissioner Fox inquired if the Council's decision was also without prejudice as was the Planning Commission's in February. She noted that when the City Council heard it on May 6, 2008, it did not agree that it was a private facility but rather, a childcare center-like business. She inquired if the applicant has an opportunity to come back to provide proof of licensing. She stated that she believed the Commission could re-hear his application if it was a different application, with the license, and it would be noticed as a childcare center. Ms. Amos replied that the Council upheld the Planning Commission's decision without prejudice. Chair Blank agreed. Mr. Dolan stated that the Planning Commission would have to decide whether or not Mr. Pfund's variation on the request is different. He noted that with the six-month trial period, it would be different than what was proposed in the past. Commissioner Fox noted that said this was not included in the staff report. Mr. Dolan agreed and added that it was something Mr. Pfund brought up this evening. He indicated that he was not sure there was an issue with this modification and requested the opinion of the Assistant City Attorney. Ms. Seto stated that she believed the Commission should look atwhatthe current application is and to the extent that the applicant is proposing a modification for the conditional process for a short amount of time, which can be considered as a sub-part of the larger application. She noted that the Commission does not need to go back to the prior City Council action or require a new application. Commissioner Fox referred to the issue of the Zoning Ordinance that states that if a childcare center is located in a commercial district, the outdoor play area must have a fence that separates it from truck traffic, delivery trucks, or vehicles. She inquired how City staff compares this specification with this mesh opening and loading dock. Ms. Amos replied that the zoning districts are different and that even if it were considered a straight zoning, it would bean Industrial zoning as opposed to strictly commercial. She added that the mesh fencing, as addressed in Question 3, is a solid PLANNING COMMISSION MINUTES, November 12, 2008 Page 16 of 29