PC 021308 - Laserfiche WebLink

cost, and if the permit were to be denied, he may be left with a possible lawsuit for the remainder of the lease term. He understood that the legal ramifications was not part of the Planning Commission's decision and emphasized that the parents should be able to make the decision. Mike Martin spoke in support of this prof ect and noted that he had two children ages six and nine years old enrolled in the Tri-Valley Martial Arts program. He noted that he and his wife had checked the program out thoroughly and decided that was the right activity for their children. He did not appreciate being told what the best choice for his children was and believed he and his wife had made the best choice for their children. He indicated he did not know the legalese behind this. He noted that his son had looked forward to attending the academy, and while he had not attended since it closed over Christmas break, he still wished to attend it. John Pfund noted that there were two issues. He said that he could not be considered a daycare according to the Health and Safety Code because he did not provide care and supervision for the children, that he is not a daycare, and that the parents signed a waiver stating he was not a daycare. He noted that the Planning Commissioners or staff had not seen his program with the children and added that seven parents out of the ten families had spoken before the Commission. He emphasized that none of the parents had described any activities that would occur in a normal daycare facility, such as the children have been sitting around coloring or playing with toys. He indicated that what the Commission had heard from parents is that he has been teaching real values and noted that he taught the same values to his students that he was taught by his own martial arts professors. He recalled that the parents stated that their children had learned confidence, self-respect, discipline, and integrity, and have come out of their shells, had become more interactive with other children, and achieved better grades. He noted that those attributes are not gained in a daycare program. Mr. Pfund indicated that he cannot be teaching a daycare program when he is not, and the parents say it is not a daycare program. He requested that an additional ten children be allowed to enter into the program and learn martial arts. He indicated that this is America, and a lot of people in America have dreams, but most do not follow them and go into arun-of-the-mill like. But he follows his dreams and has wanted to do this since he was ten years old. He noted that he had studied martial arts for over 30 years, and that he would continue to do so for the rest of his life. He would like to continue his instruction activities in his current location. He noted that he did not provide care and supervision to the children; nor did the swim centers, gymnastics centers, or dance studios. He believed the City policy was to create a waiver, which he already had. He would be happy to sign a condition stating that he would retain the waiver and would have the parents escort their children out of the facility. He noted that it had nothing to do with care and supervision. He noted that he would be happy to work with the City in order to make the business work. THE PUBLIC HEARING WAS CLOSED. PLANNING COMMISSION MINUTES, February 13, 2008 Page 31 of 42