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number of hours that the children are in the facility. She inquired if there was a way to do that while being consistent with previous applications and acknowledging that there may be unintended consequences whi-e honoring the spirit of what the Commission is trying to do. She further inquired if the Commission could simply condition the applicant to conduct criminal background checks or outdoor space if that is what the Commission is concerned about. She indicated that she would like to create quality childcare in the City while being consistent with prior applications but also recognizing that unintended consequences may result from requiring the applicant to get a childcare license. She noted that the E classification was creating issues for her, and this was not necessarily something that she sees as a potential consequence. She added that the facility looks great, and while she would like to get the protections and conditions, she did not want the applicant to have to go through the PUD modification process. Chair Blank concurred that the program is great and stated that it is unfortunate it fell out of compliance with the existing PUD. He noted that all the testimony given were very positive and none about why the program should not continue or should not be expanded. He indicated that he wants to be careful about requiring the applicant to obtain a childcare license just because she is willing to do this, and then suddenly finding out that two-hour firewalls have to be installed throughout the church. He stated that he wants to be careful to get the value of the issues the Commission is concerned about, as opposed to simply requiring the applicant to get a childcare license so the Commission does not have to worry about it. He added that the State might then suggest that it believes a childcare license was not issued appropriately. He stated that he believed there was a point at which time the Commission should determine what point it is most concerned about, and this was a very slippery slope. Commissioner Narum agreed with Chair Blank and stated that what was most important to her would be the criminal background check, a disaster plan for fire and earthquakes, first aid training, whether or not there would be an outdoor play area and what it would look like, all without imposing unnecessary conditions. She indicated that she visited the facility and met with the applicant and Mr. MacDonald. She noted that there is clearly a value and need in the community and that the Commission needs to find a balance in allowing the facility to operate while satisfying the Commission's concern for safety. She added that she also likes the sign-in and sign-out condition, which is already contained in the application. Commissioner Fox stated that for safety reasons, she would like to ensure that the facility complies with the Building Code for the types and numbers of children who are in the facility. She noted that the Code is there not to put financial burdens on tenants but to protect the public health and safety of the occupants because congregations of children where there are less adult-to-student ratios trigger the Building Code. She indicated that it is notjust a matterof updating the building from a B to an E occupancy, but ensuring that a fire that occurred in 2004 at the after-school program across from Dublin Elementary School that burned the building to the ground within one hour does not happen here. She noted that it was fortunate that there were no children in the facility at the time of the fire. Chair Blank noted that that building was not sprinkled. EXCERPTS: PLANNING COMMISSION MINUTES, December 10, 2008 Page 17 of 21