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i Therefore, staff recommends the Council adopt the resolution denying the appeal and uphold the Planning Commission decision denying the use permit. Mayor Hosterman opened the public hearing. John Pfund, Tri-Valley Martial Arts, Appellant, presented various pictures of the business and the property, said he has been teaching martial arts and working with children for over 30 years, said staff acknowledges his use is compatible with other uses in the business park and presented pictures and described operations of similar businesses in the business park. He disagreed there was insufficient parking, presented pictures of the parking lot and said often the lot is empty.. Staff has indicated he failed to cease his operations when told to do so; however, he received two letters which indicated he could continue until December 18; however, when he returned from vacation in early January he found a letter dated December 26 from the City ordering him to cease his business operation. He met with staff at the first opportunity on January 7, staff alleges inconsistencies with his narratives, he reduced students from 30 to 20, met with Jerry Iserson, and explained why he should re-open and he again re-wrote his narrative, stating the only inconsistency is the change in the maximum amount of students. Mr. Pfund said the chief concern of staff has to do with his free to come and go waiver and that he was not allowed to say he provides care and supervision. He said he has worked with the licensing program manager of Community Care Licensing who came up with a solution that satisfies all concerns. An April 3 letter states that his program is approved for exemption as a private recreation program; that if operates for more than 15 hours per week it must be no more than 12 weeks in duration and back to back sessions are permitted. She also has confirmed he has the right to require children being signed out of the facility and also that he is now providing care and supervision of the kids. Children are no longer free to come and go, he no longer needs the waiver and he can sign kids in and out and requested the City condition the use permit on requiring kids to be signed in and out by a responsible adult. His only change will be the 12 week contract to comply with State regulations. He said one Planning Commissioner wanted to classify him as a childcare center, but the Licensing Program Manager said childcare requirements are those catering to children fewer than 5 and workers are required to have certain education and certifications. Those older need supervision, which he officially provides. He said there are at least three other programs that were all recommended by staff for approval, unanimously approved by the Planning Commission, and they have the same letter he has exempting them from licensing. He said he is qualified to be a marital arts director, has passed an extensive criminal background check, he will require his employees to pass the same checks, and has never been convicted or committed a crime. His business now meets all requirements for a conditional use permit and he requested the Council approve his appeal. Mayor Hosterman questioned why Mr. Pfund does not believe his business is a daycare center, given the fact that he provides facilities with a multitude of activities in addition to martial arts from 11:30 a.m. to 6 p.m. Mr. Pfund said he has now been approved for the classification of a private recreation program, it is considered a childcare facility but exempt from licensing because it is private. Mayor Hosterman said when the Commission heard the matter, Mr. Pfund proposed he did not operate or was classified as a childcare program, but he posted a Craig's List ad and has now changed his position. She believed there were criminal and financial penalties if businesses purport they are not a daycare facility but operate as one, and she confirmed he was not licensed through the Department of Social Services. She confirmed with Mr. Pfund that he is First Aid and CPR-licensed and that he has had a criminal background check but questioned the source and believed that based upon his testimony, the facility mirrors a daycare facility. City Council Minutes, May 6, 2008