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longer than anyone anticipated, that it poses a lot of challenges, and that a lot of people are troubled with how to rectify it and do it in a way that is safe and effective. He noted that the other part of the challenge is that childcare licensing is not the purview of the City but of the State, and if the State decides to waive every requirement to issue a license, the only thing to do is to change State law. With respect to some of the conditions, Chair Blank stated that he was fine with allowing the orange-colored mock guns. He added that while this was not discussed, he felt Mr. Balch brought up the point that staff is requiring notification of the lacquering, and if the lacquering operators move out and a leather tanning company moves in, it would it apply to them as well. Ms. Decker stated that staff has a generic condition that states that anyone participating in the program would acknowledge that there are other industrial uses in the surrounding area. Chair Blank indicated thatthis would be better verbiage. Chair Blank referred to the outdoor storage and stated that he assumed this did not include the trash enclosure. He indicated that the Commission has discussed the sign program. He added that he would like to see a condition that states that overnight stays for any period of time shall not be permitted, that there shall be no overnight camps permitted, and that no child or adult of any age, including the applicant, may be allowed to stay in the facility overnight for any reason. Chair Blank proposed another condition that no activities may be conducted beyond the hours as noted in Condition No. 4; the facility may remain open between the transitioning to classes between the hours of 6:15 p.m. and 6:45 p.m.; there shall be a period of one-half hour allowed before and after the hours of operation as stated for patrons to leave the facility, clean up and setup. Commissioner Fox inquired if the City would be liable if it allows Mr. Pfund to operate on a temporary basis priorto a childcare licensing and a child is injured in the facility. Ms. Seto replied that the City would generally not be liable forthose business operations and activities that are being monitored by the business. Chair Blank inquired who would reduce the hours so that the childcare licensing is not needed. Ms. Seto replied that staff is crafting language to address this, that a program that would be temporarily allowed to occupy and open would have to be modified in such a way so as to meet the exemption requirements outlined in the prior documentation in terms of the number of hours. Commissioner Fox inquired if this meant that the hours of operation, including during school minimum days and during school breaks and holidays, would have to start at 3:00 p.m. Ms. Decker replied that staff has seen numerous programs that have come before the Commission with various hours of operation. She noted that the limitation that the Commission has acknowledged and accepted is a condition limiting the number of hours that children can attend, such that the hours of operation may be from 11:00 a.m. to 6:00 p.m.; the condition that is actually applicable is that no child can be PLANNING COMMISSION MINUTES, November 12, 2008 Page 20 of 29