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THE CITY OF ~'L£~S~NTONo 3 CITY COUNCIL AGENDA REPORT January 6, 2009 Community Development Planning Division TITLE: PAP-129 (PCUP-229), CONSIDER AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW A MARTIAL ARTS/CHILDCARE ACADEMY AND EVENING MARTIAL ARTS CLASSES, IN AN EXISTING BUILDING LOCATED AT 1262 QUARRY LANE, SUITE A, IN THE VALLEY BUSINESS PARK. SUMMARY The applicant, Mr. John Pfund Tri-Valley Martial Arts, requests a conditional use permit to operate a childcare facility for 20 children from 11:30 a.m. to 6:15 p.m., Monday through Friday for children ages 5 to 12 years of age. The facility would also provide childcare during school breaks and holidays. The facility offers adult martial arts instruction that is separate from the childcare center operating from 6:45 p.m. to 9:00 p.m. for ages 13 years and above. Mr. Pfund has applied for a childcare license from the State Department of Social Services Child Care Licensing Division (CCLD). The State has accepted his experience and education satisfying the requirements as a Director for a childcare facility. The State has also initiated a background check and awaits an approval by the City to ensure the facility will be at an approved site. The State will not issue the license until the conditional use permit is approved. The applicant requested permission to open his business while he awaits the conclusion of the background check. The Planning Commission concluded the request was reasonable and allowed it to open as a private recreation facility until June 30, 2009 at which time Mr. Pfund would need to have a childcare license issued in order to continue operating. The Planning Commission approval was appealed by Councilmember Cindy McGovern and Planning Commissioner Anne Fox. PLANNING COMMISSION ACTION On November 12, 2008, the Planning Commission approved the conditional use permit (4-1; Fox opposed) subject to the attached conditions shown in Exhibit "B". RECOMMENDATION Staff recommends that the City Council adopt the attached resolution denying the appeal thereby upholding the decision of the Planning Commission subject to the conditions in Exhibit "B".