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• Overnight Use of the Site: The record presented in the background information, from the approvals granted by the City of Dublin, indicated that individuals were using the site 24 hours per day which appeared to include living at the site, bathing, changing, eating, etc. Based on this information, the Planning Commission was concerned and iterated that the PMC does not allow residential use within an industrial zone, nor did they consider it appropriate to hold overnight camps at the facility. Additionally, the Planning Commission clarified that no child or adult of any age, including Mr. Pfund, should be allowed to stay in the facility overnight for any reason. The Commission also wanted to ensure that activities could not be conducted beyond what was proposed. Mr. Pfund testified that he concurred. The Planning Commission therefore conditioned the project as follows: 6. Overnight stays for any period of time shall not be permitted. 7. There shall be no "overnight camps" permitted. No child or adult of any age may be allowed to stay in the facility overnight for any reason. 8. If additional hours and activities beyond what was stated in the applicant's written narrative, dated "Received, July 30, 2008 ", on file in the Planning Division, are desired, prior City review and approval is required. Such modifications may be approved by the Director of Community Development iffound to be insubstantial conformance with the approval. The Director of Community Development may also refer the matter to the Planning Commission if the proposed changes would be significant. • Temporant Operation: During the public hearing, Mr. Pfund requested that the Commission consider allowing him to operate under the State's private recreation exemption as he had originally requested, similar to other facilities that have been recently approved. His request was based on hardship in that the CCLD background check had begun in April 2008 and was still incomplete. He noted that the background check has been taking longer than anticipated. This is the result of the extensive review that is taking place due to an arrest on his record, previously discussed with the City Council. Mr. Pfund explained he has significant financial obligations to Mr. Jack Balch (in excess of $38,000) for holding the suite for him. Mr. Pfund assured the Planning Commission that he would operate his facility per all of the conditions of approval and would, meet the State CCLD requirements for operating a childcare prior to actually receiving his license. The Planning Commission determined that the processing of the project had taken a signtfcant amount of time, in turn significantly impacting Mr. Pfund financially, and therefore supported the request. The Planning Commission found it appropriate to allow Trt-Valley Martial Arts to operate under the private recreation exemption for a limited period with the stipulation that the hours that the children can be at the facility would be limited to 16 hours per week consistent with the exemption requirements (Attachment 3; Question 14.C attachment). They required Mr. Pfund to receive his childcare license before June 30, 2009; however, if Mr. Pfund did not receive a childcare license by the June 30, 2009 deadline, the approved use shall expire and he Page 6 of 10