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in November 2002, they became aware the business had moved previously and around that time and in Apri12003, they attempted to work to get an application for a conditional use permit in the new location. In response to an inquiry by Commissioner Fox regarding whether he had changed physical locations in Dublin, Mr. Pfund replied that he had moved across the street from his original location. He noted that he had a conditional use permit for each location. He noted that the City of Dublin lost that paperwork. Commissioner Pearce requested that the applicant clarify the licensing requirements, a description of the program, the conditions that would exempt him from providing care and supervision. She understood that in order for his business to be exempt from licensing, it must be adrop-in program without supervision, without specific activities, without a structured program, and inquired how that would apply to a martial arts program, which seemed to provide each of those items, including structure, supervision, and for children to sign up in advance. Mr. Pfund replied that he was exempt because he had a waiver and required the parents to acknowledge that their children were free to come and go in his facility. Mr. Pfund stated that he is not required to have a license or to follow the rest of the Health and Safety Code because it does not apply to him as he believes he does not need a license. In response to an inquiry by Commissioner Fox regarding whether the City Attorney agreed with Mr. Pfund's statement, Mr. Roush replied that he did not agree with that statement. He advised that just because a waiver stated that a business was not a certain type of business, it did not follow that the business was not that type of business. He indicated that to determine the use, it must be based upon what the applicant is actually proposing. In response to an inquiry by Commissioner Fox regarding the City Attorney's opinion of the nature of the applicant's use, Mr. Roush believed it fell under the definition of a child-care facility under the State regulations. He believed that it provided care and supervision and met the other definitions. Tim Nibert spoke in support of this prof ect. He noted that he was a black belt in the Tri-Valley Martial Arts academy and added that he instructed the children's program. He discussed the positive effects on the children and the community. He noted that he was currently 17 years old and started taking the program when he was eight years old. He added that his younger sister had just started the program. He noted that ju jitsu had been a very positive influence in his life and added that the studio instilled many positive values in the children. He disagreed with the assessment that the studio provided care for the children and added that the parents saw the academy as an activity for the children that would prevent some of the negative aspects of day care. He noted that they brought the children from school as a convenience for the parents and taught the children martial arts until the parents picked them up. He noted that the games were martial arts-related games. PLANNING COMMISSION MINUTES, February 13, 2008 Page 26 of 42