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ATTACHMENT 4 PCUP-296, Summer Time Learning Center Application for a Conditional Use Permit to operate a State-exempt child care learning center at 1020 Serpentine Lane, Suite 109, during the summer only. Zoning for the property is PUD-I (Planned Unit Development — Industrial) District. Commissioner Pentin recused himself from participating in the discussion as he has a conflict of interest due to the proximity of his business to the project site. Natalie Amos presented the staff report and described the scope, layout, and key elements of the proposal. Commissioner Olson requested confirmation that the building outside of the two circles showing the 300-foot radius around the project site and the existing Quarry Lane School is also owned by the party who wants to put the cell tower inside the circles. Ms. Amos said yes. Commissioner Blank indicated that he did not see a letter from Valley Business Park (VBP) in his packet and inquired if there was one. Ms. Amos replied that it is an email and is attached to the staff report as Exhibit E. Commissioner Pearce inquired why staff considers this a day care as opposed to a tutoring facility, and if this is because of the number of hours or the age of the children. Ms. Stern replied that this is mostly due to the age of the children: pre-kindergarten, kindergarten, and first grade children are not usually into academic tutoring. Commissioner Pearce indicated that she would like to ask the applicant if kindergarten readiness is not considered tutoring. She noted that she is aware this is done a lot here. Commissioner Pearce continued that she recognizes that CC&Rs are essentially a contractual relationship of which the City is not a party. She pointed out that there was mention of start dates and requested clarification from staff that, should the Commission approve the use, the applicant cannot start if the Business Park does not allow the business to move in. Ms. Harryman explained that the applicant would have City approval, and the private parties would decide how to enforce it. She added that if the business owners do start, one possibility would be for VBP to file an injunction stating that this is in violation of its CC&Rs. Commissioner Blank stated that he thought the CC&Rs allowed the use with a Conditional Use Permit, which is issued by the City. EXCERPT: PLANNING COMMISSION MINUTES, JUNE 8, 2011 Page 1 of 15