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Mr. Dolan added that in terms of if Mr. Pfund is nearing the end and the State is not moving, at some point along that timeline, Mr. Pfund would need to make the decision as to whether or not this is a lost cause orwhether or not he should apply for an amendment to these conditions. Chair Blank inquired if the modification to Condition No. 10 could say thatwithin seven months of approval, Tri-Valley Martial Arts would obtain a childcare license from the State Department of Social Services. He further inquired, if he does not obtain the childcare license and continue business underthe rest of the conditions of approval, if the City could revoke the CUP on the basis that he did not obtain the childcare license. Ms. Seto said yes to both inquiries. Mr. Dolan inquired whether this would be a revocation of the CUP, and Ms. Seto confirmed that Code Enforcement would not be needed as the use would expire as conditioned. Chair Blank stated that if the condition is not being met, Code Enforcement would officially have to inform the applicant, giving them the opportunity to correct, with all the timeframes and ministerial processes. Ms. Seto stated that technically, the Code Enforcement Officer would need to go out and see that they were actually operating and not meeting that condition; then there would be a possibility for the applicant to ask for a modification of that condition. Chair Blank inquired if the Code enforcement process would be required to issue an initial letterthat the business is in violation and should shut down, followed by 30 days to correct the violations. Ms. Seto replied that it would depend on the type of violation: some are correctable and would most likely require only one letter. Chair Blank inquired if the letter would be the notice of revocation or actual revocation, as the Commission has had situations like this in the past where there have been egregious Code violations and the Commission has had to go through this process. Ms. Decker replied that it depends greatly upon how the condition is crafted. She explained that if the condition is craft where this approval shall expire seven months from the date of approval unless childcare license is applied for and obtained, then this conditional use permit automatically sunsets and expires, and no Code enforcement would be necessary; the business owner would be contacted, and staff would indicate that his conditional use permit has expired. Chair Blank suggested using Mr. Dolan's verbiage that "Within seven months of approval, Tri-Valley Martial Arts shall obtain a childcare license from the State Department of Social Services. If the childcare license is not obtained and business is continued under the rest of the conditions of approval, the City could revoke the conditional use permit on the basis that the applicant did not obtain the childcare license." PLANNING COMMISSION MINUTES, November 12, 2008 Page 25 of 29