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Commissioner O'Connor referred to the hours of operation for elementary and middle school students and stated that he was sure the requirement for hours of operation falls under childcare versus recreation facility, which deals with the over-16-hours issue. He requested confirmation that if the kindergarten were to operate from 11:30 a.m. to 6:15 p.m., this would run into the 16-hour limit and would trigger the childcare requirement, as opposed to other hours. He requested further confirmation that if the Commission were to consider a temporary use that did not require a childcare license, some of the uses would have to be modified. Ms. Amos confirmed Commissioner O'Connor's statements. Commissioner Olson referred to Condition No. 7 and stated that he understands fully why real guns would not be allowed in the facility but did not understand why it is being conditioned to not allow mock guns as they have been described tonight. He noted that where some of this training does apply to police officers, it was his sense that they would want to engage in the training with form factors that are of similar weight and size of real weapons. Ms. Amos stated that staff is open to allowing this for the evening adult classes. Commissioner O'Connor commented that this project has been dragging on for a long time and that he was not sure why it was taking the State more than seven months to complete the background check. He stated that he believes one of the Commission's responsibilities is to make sure the children of the town are protected. He indicated that he is willing to listen to other discussion regarding some type of other use but that he would not allow the entire program on a temporary basis until there is a childcare license. He stated that the Commission could look at a program that is less than 16 hours a week and that would not require a childcare license. Commissioner Fox expressed concern about the facility regardless of how many hours it would operate. She stated that common sense dictates that a childcare facility should not be operated in a warehouse district with loading dock doors. She noted that over the last six years since she has been on the Commission, an architect comes forth with plans and applications for a building similar to the one moved from Linwood to the Hacienda Business Park, and that facility plans upgrade to a Class E facility. She stated that this is not a situation where the applicant is trying to come in and not be licensed yet continues to advertise on Craig's List as a childcare facility while talking about being a private recreation facility. She noted that Pleasanton prides itself of quality childcare facilities, and if the Commission starts waiving State requirements that are minimum requirements, such as the 75 square feet per outdoor place per child, this would no longer be ahigh-quality childcare facility. She indicated that she would not support a childcare facility in an attached warehouse space with a loading dock door as a substitute for an outdoor space in an industrial area. She noted that she has a problem with the co-located uses, with it not being safe with other industrial uses in the proximity, as opposed to the Quarry Lane school, which is within that area but is a detached building and self contained. She added that she would not support the area PLANNING COMMISSION MINUTES, November 12, 2008 Page 18 of 29