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DRAFT noted that said this was not included in the staff report. Mr. Dolan agreed and added that it was something Mr. Pfund brought up this evening. He indicated that he was not sure there was an issue with this modification and requested the opinion of the Assistant City Attorney. Ms. Seto stated that she believed the Commission should look at what the current application is and to the extent that the applicant is proposing a modification for the conditional process for a short amount of time, which can be considered as a sub-part of the larger application. She noted that the Commission does not need to go back to the prior City Council action or require a new application. Commissioner Fox referred to the issue of the Zoning Ordinance that states that if a childcare center is located in a commercial district, the outdoor play area must have a fence that separates it from truck traffic, delivery trucks, or vehicles. She inquired how City staff compares this specification with this mesh opening and loading dock. Ms. Amos replied that the zoning districts are different and that even if it were considered a straight zoning, it would be an Industrial zoning as opposed to strictly commercial. She added that the mesh fencing, as addressed in Question 3, is a solid barrier with nothing flexible in its movement and with a height of about five feet, which makes it highly unlikely that a child would be able to go through it or climb over it. Commissioner Fox referred to the issue regarding the businesses within Valley Business Park and the operating car business. She noted that the door needed to be kept open but would have to be closed because of odor and safety issues and inquired if staff would still support the application, or would staff require the outdoor play area which would result in the loss of four parking spaces at the rear of the building. Ms. Amos replied that this matter was also considered. She stated that when Code Enforcement went out to investigate the odors, the business itself was surprised the smell was still there because it has a system to ventilate the odor out. She noted that staff would still support the project. She added that lacquering is done approximately three times per month and that if the door must be closed, they could adjust their times for opening the door. In response to Chair Blank's inquiry inquired if the facility had a system that is functioning properly, Ms. Amos replied that it does. Commissioner Fox inquired if there would need to be an air filtration system within the daycare facility. Ms. Amos said no; it would be the facility producing the odor that would be required to have it. Commissioner Fox asked if there were other childcare centers in the City in a warehouse space with a loading dock. Ms. Amos said the only other one is located on Johnson Drive, which is in an industrial area. She added that it is a church without any outdoor play area but with aroll-up door. DRAFT EXCERPTS: PLANNING COMMISSION MINUTES, 11/12/2008 Page 14 of 25