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Community Development Director Brian Dolan gave the staff report, described the matter as an appeal of a Planning Commission approval for John Pfund of Tri-Valley Martial Arts Childcare facility. The Council considered a similar item last year when Mr. Pfund requested approval of a recreation facility, and after review Council denied the request and suggested Mr. Pfund obtain a State childcare license. The matter was again heard by the Planning Commission in November and approved with conditions, the approval of which has been appealed. Mr. Dolan described the facility, its operations and hours, provisions for martial arts instruction, gave a graphical presentation of the business park, the front and rear of the facility, its suites and floor plan. He reiterated concerns of the Planning Commission regarding the adequacy of the play area and said the applicant indicated that the martial arts studio provided adequate area for exercise and an open, padded area in combination with the ability to roll up the back door which is secured by a fence which is an adequate substitution for an outdoor play area. Staff and the Planning Commission felt this was suitable and the program would provide greater physical education opportunities than many other childcare facilities. Mr. Dolan noted concerns of safety expressed for securing the children within the facility, and said the same type of fencing exists in backyards with pools. The facility is felt to be sturdy, secure, without free-flowing access through the roll-up door. Another concern arose regarding the type of building occupancy type (an "E" versus "B" type occupancy) as well as fire protection measures. Staff reviewed the occupancy concern, determined it would be classified as an E occupancy once it became a childcare facility and staff feels the E occupancy can be accommodated at the site. Other concerns included mock guns and the use of guns at all; however, mock guns are regularly used in martial arts training. The Planning Commission concluded that very specific mock guns could be kept on site but only used with adults in the evening. Mr. Dolan said there was also discussion regarding overnight use for camps or programs not completely uncommon for the operation of the business, and a condition was made to prohibit overnight use. The largest issue the Planning Commission struggled with was one of temporary operation. The applicant has applied for licensure with the State for childcare operation. While all other requirements have been completed, outstanding is the background check and Mr. Pfund is unable to be issued a license at this time. There was a request to allow Mr. Pfund to operate as a recreation facility for a period of time to allow him to generate some income and allow the background check to be completed and license issued. After significant discussion, the Planning Commission added several conditions and ultimately approved Mr. Pfund's recreation facility operation through June 30, 2009. He would have to acquire his childcare license from the State by this deadline. Regarding hours of operation, the Planning Commission extended the hours requested by 30 minutes to allow transition time from the daytime use to the evening use. Another issue raised was the overall suitability for childcare centers to operate in business parks. There is high demand for these types of facilities and little availability of sites, and therefore, staff is evaluating operations on a case-by-case basis. City Council Minutes Page 2 of 9 January 6, 2009