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made to expire. Ms. Decker state that it can be, but she pointed out some of the actual fallibility of the expiration of six months. She noted that if the Planning Commission wants to sunsetthe approval, and the applicant does not have everything in, and does not revisit the Planning Commission to have some monitoring brought forward, the applicant has the opportunity to apply for modification to that permit, which can be done 30 days in advance, which may hold the process in abatement. Or, if the Commission conditions it such that it does not matter what he does and it must close and end, then the applicant would have significant investment and time and clientele built up that would cease at a date certain, where the applicant either requests modification of that permit or tries to force obtaining the background check. Ms. Decker, therefore, suggested a consideration that the Commission require Mr. Pfund to return at the end of the school year or on June 30t" to see how it is going, and where he is at in terms of childcare licensing. She noted that staff has done this with various conditional use permits. Commissioner Fox inquired if the Commission ever let a childcare center open without a childcare license. Ms. Decker replied that what is under consideration now is thatthe Commission ultimately wants the applicant to get a childcare license and is conditioning the project, reducing the hours, which falls under the exemptions discussed, until he has a childcare license. Ms. Decker stated that she believes she is hearing that the Commissioners would like Mr. Pfund to have a childcare license and believes the operations indicate there should be one; however, the Commission is also interested in his opening his business, and the question is what the timeframe or benchmark might be to be able to do that. She expressed concern that the State's process is out of staff s control, and if at the end of six months, he still does not have his license, instead of shutting down his business, he be provided the opportunity to modify the conditions of approval. Chair Blank inquired how it can be ensured that the applicant stays motivated to continue his quest to obtain the childcare license as opposed to simply operating under the exemption, which caused the issue in the first place. Ms. Decker replied that staff has done similar check-ins with large family daycare centers. She added that the Commission may wish to have Mr. Pfund re-appear before the Planning Commission after six months to check in and grant him a permit for up to nine months. Commissioner Fox inquired what would happen if the State denies him the childcare license. Mr. Dolan stated that the Commission can get where it is going by adding one line to two difference conditions: one is relative to reducing the hours back to the 16 hours - "Untilsuch time as a childcare license is obtained, no student 12 or under can attend." And for Condition No. 10, change "Prior to occupancy" to "Within `x' months of approval, Tri-Valley Martial Arts shall obtain a childcare license." PLANNING COMMISSION MINUTES, November 12, 2008 Page 24 of 29