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DRAFT Chair Blank inquired if the letter would be the notice of revocation or actual revocation, as the Commission has had situations like this in the past where there have been egregious Code violations and the Commission has had to go through this process. Ms. Decker replied that it depends greatly upon how the condition is crafted. She explained that if the condition is craft where this approval shall expire seven months from the date of approval unless childcare license is applied for and obtained, then this conditional use permit automatically sunsets and expires, and no Code enforcement would be necessary; the business owner would be contacted, and staff would indicate that his conditional use permit has expired. Chair Blank suggested using Mr. Dolan's verbiage that "Within seven months of approval, Tri-Valley Martial Arts shall obtain a childcare license from the State Department of Social Services. If the childcare license is not obtained and business is continued under the rest of the conditions of approval, the City could revoke the conditional use permit on the basis that the applicant did not obtain the childcare license." Commissioner Fox inquired whether the applicant would have to be operating under the State-mandated ratios for children and teachers and screening provisions during the temporary timeframe or if he would be allowed to be the only instructor there. Ms. Decker replied that what staff has been talking about is allowing business to operate with limited hours for the number of children. She stated that the City does not require background checks for those recreation and skills training program instructors. Commissioner Fox inquired if it is the City's Code enforcement responsibility to ensure the health and safety is maintained during that six month timeframe if the State is not monitoring the facility. Ms. Decker said yes. Commissioner O'Connor noted that it is not just hours of operation but other activities as well. He inquired if the Commission should craft a condition during the temporary time that the facility would not engage in some other activities such as transporting and childcare-like activities. Ms. Decker replied that the Commission can certainly add that but that there are numerous tutoring facilities that have skills training and educational forums for children that have vans picking up children and engaging in other activitie's besides tutoring. She noted that what Mr. Pfund has placed in his narrative is that he will be picking up children and bringing them to the facility, which complies with the requirement for children being signed-in and signed-out. Commissioner Narum stated that her expectation is that Mr. Pfund will operate in good faith as if he has a daycare license with employees, record-keeping, etc, limiting the number of hours a child can be there to 16. She indicated that she is willing to support DRAFT EXCERPTS: PLANNING COMMISSION MINUTES, 11/12/2008 Page 23 of 25