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with the understanding that the project would be conditioned to require proof of the licensure prior to issuance of a business license. The City Council could also conclude that after reviewing the proposed facility and program for Tri-Valley Martial Arts, in opposition to the conclusion reached by CCLD, the Council is not satisfied that the facility adequately meets the needs of Pleasanton with respect to its provision of recreation space and the need to provide opportunities for fresh air, sunshine, and exercise for program participants. The City Council could then determine that the findings related to the public health, safety, and welfare are not able to be made and uphold the appeal, thereby denying the approval granted by the Planning Commission on November 12, 2008. Option 2 The City Council may determine that the applicant has returned to the City with a request for a conditional use permit for a childcare facility following the direction provided at the May, 2008 City Council public hearing. However, unlike the Planning Commission approval, City Council could condition the project to require the applicant to obtain a childcare license prior to operating the facility for any number of hours. The City Council could pursue this option and include additional conditions if needed to mitigate other concerns the City Council may have. Option 3 The City Council may consider the action by the Planning Commission and its approval with modified conditions appropriate. This approval allows the applicant to operate as a private recreation facility without a childcare license for a limited period of time. This option allows a period of time for the background check to be completed (i.e. June 30, 2009). Presuming there are no problems identified in the background investigation, the applicant would be issued a childcare license and be able to continue as a licensed childcare facility under the approval and associated conditions indefinitely. The City Council could pursue this option and include additional conditions if needed to mitigate other concerns the City Council may have. PUBLIC NOTICE AND COMMENTS Notice of the City Council's public hearing on this item was sent to all property owners and tenants living within a 1,000-foot radius of the subject property. On December 8, 2008, prior to distributing the public notices for the appeal, staff received an a-mail from Michelle Padagas with Aftermarket Distributing. Aftermarket Distributing had indicated support of the project and stated the applicant could use the restroom facilities located in their suite (Suite C) for the daytime program. The letter received in support of Tri- Valley was not authored by the owner and therefore, Ms. Padagas has retracted any commitment or support made earlier by letter or otherwise to facilitate the operations of the Tri-Valley Martial Arts childcare facility. (Refer to Attachment 9). The applicant would need to find other accommodations that meet the CCLD licensing requirements in order to obtain the childcare license. Staff is not aware of a proposed solution to this problem although it is possible that additional restrooms could be constructed in the Page 8 of 10