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Commissioner Fox inquired whether the applicant would have to be operating under the <br />State-mandated ratios for children and teachers and screening provisions during the <br />temporary timeframe or if he would be allowed to be the only instructor there. <br />Ms. Decker replied that what staff has been talking about is allowing business to <br />operate with limited hours forthe number of children. She stated that the City does not <br />require background checks for those recreation and skills training program instructors. <br />Commissioner Fox inquired if it is the City's Code enforcement responsibility to ensure <br />the health and safety is maintained during that six-month timeframe if the State is not <br />monitoring the facility. Ms. Decker said yes. <br />Commissioner O'Connor noted that it is not just hours of operation but other activities as <br />well. He inquired if the Commission should craft a condition during the temporary time <br />that the facility would not engage in some other activities such as transporting and <br />childcare-like activities. <br />Ms. Decker replied that the Commission can certainly add that butthatthere are <br />numerous tutoring facilities that have skills training and educational forums for children <br />that have vans picking up children and engaging in other activities besides tutoring. <br />She noted that what Mr. Pfund has placed in his narrative is that he will be picking up <br />children and bringing them to the facility, which complies with the requirement for <br />children being signed-in and signed-out. <br />Commissioner Narum stated that her expectation is that Mr. Pfund will operate in good <br />faith as if he has a daycare license with employees, record-keeping, etc, limiting the <br />number of hours a child can be there to 16. She indicated that she is willing to support <br />this because it has gone on way too long and the Commission should show some <br />middle ground. She added that a condition can be included that if by June 1St he still <br />has not obtained his license, he should demonstrate to the Commission that he has <br />been operating like a daycare. <br />Commissioner Fox stated that she believes there could be a condition that states the <br />student ratios for children 12 and under need to comply with Title 22 requirements for a <br />school-aged child. Ms. Decker stated that Mr. Pfund has indicated he will be acting and <br />is willing to accommodate these requests. <br />Chair Blank moved to make the conditional use findings for PCUP-229 as listed in <br />the staff report and to approve the conditional use, subject to Exhibit B of the <br />staff report, with the following amendments: <br />• Modify Condition No. 4 to indicate that until such time thatthe applicant <br />obtains a childcare license, no children aged 12 years and under can <br />participate in the facility's program for more than 16 hours perweekand <br />longer than the 12-week period outlined in the private recreation exemption <br />section required by the State Child Care Licensing Division. During the <br />interim timeframe the facility is operating without a childcare license, the <br />PLANNING COMMISSION MINUTES, November 12, 2008 Page 26 of 29 <br />