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into the area of what the State regulates as well as pre-emption issues, and staff felt comfortable in asking for the self-certification. Chair Narum recalled having this discussion a few times and added that part of the reasoning involved the fact that the Police Department was not willing or not able to conduct the background checks. Commissioner Blank stated that he is not saying that the Police Department should do criminal background checks but suggested that somebody other than the applicant certify that the criminal background check has been done, in the same way that someone other than the applicant should certify that CPR was completed. He indicated that it does not feel right and feels there is a tremendous amount of inconsistency. Ms. Stern stated that staff looked at the background check, and there is a lot of detail about what crimes should be considered or excluded from the background check, such as shoplifting for teenagers. Commissioner Blank noted that the facility could hire someone who is a convicted felon or a child molester, and by this language, this would be all right because all the applicant has to do is say that it was done. Ms. Harryman asked Commissioner Blank if the issue is "conducted and completed" versus "conducted and satisfied, or passed or approved." Commissioner Blank said yes and recommended the addition of corresponding verbiage to be determined by Counsel to Condition No. 6. He also requested modifying Condition No. 7 to read "...undergo first-aid and CPR training and obtain certification prior to issuance of a business license..." Commissioner Pearce requested that the standard conditions be revised permanently. Commissioner O'Connor stated that he does not like CC&Rs that dictate what uses are allowed and prefers that the City have the right and know that when it approves an application, it can put whatever conditions of approval are necessary to meet whatever conditions the Commission is looking for. He added that he recognized things change and that it is difficult to start changing these private documents. He indicated that as conditions warrant, he would rather have one level, which is the City's zoning ordinance. He stated that he understands the City Attorney's statement that the Commission cannot get involved in trying to interpret every set of CC&Rs that come before the Commission. He reiterated that the Commission needs to look at this from a zoning perspective and where the Commission thinks it should go, and it would be up to the private parties to work things out among themselves and how to accomplish that. Commissioner Olson agreed with Commissioner O'Connor's comments. He stated that he thinks it is a fine use and that to say at this point that it cannot be located there from the standpoint of the association is inconsistent, as there are other businesses in the Park that involve children. EXCERPT: PLANNING COMMISSION MINUTES, JUNE 8, 2011 Page 13 of 15