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Commissioner Blank moved to make the required conditional use findings as listed in the staff report and to approve Case PCUP-296, subject to the conditions listed in Exhibit A of the staff report, with the addition of verbiage, as determined by Counsel, to Condition No. 6 and Condition No. 7 requiring adult employees to pass criminal background check and to obtain first-aid and CPR certification, respectively. Commissioner Olson seconded the motion. Commissioner Blank encouraged the applicant, rather than taking the approach of just opening the business, to go back to the association to determine what can be worked out. He stated that just as the City does not get involved in private affairs, he does not want the applicant to use the City's approval as a leverage with the association. He indicated that what changed his mind in supporting the matter was Counsel's explanation of the distinction regarding not being involved in private affairs as well as the issue regarding the wireless facility, which was important to him although it was not brought up by any of the speakers. Commissioner Pearce supported the motion and stated that it would be good to talk about the CC&Rs and the PUD as to whether the use is appropriate; but she cannot get involved in private contractual agreements and must look to the City's zoning ordinance. She noted that the property owner supports the request and has indicted that there are similar uses in the Park, and she believes the adjacent uses are compatible. She added that the Commission attempts to mitigate the safety impacts in the conditions of approval, and she would appreciate knowing if and when any conditions are being violated. With respect to the wireless facility, she stated that she does not recall an instance where the Commission has not permitted an application because of a potential future use, and therefore, she could not deny the application based on this future use. Chair Narum indicated her support based on Commissioner Pearce's comments. She stated that the Commission has approved a number of these CUPs in this Business Park and has included specific conditions dealing with child safety. She noted that part of the reason for this is to make children safe, and if they are not safe, the Commission should hear about it and review the CUPs. She suggested that the Board contact staff about violations, and if staff cannot resolve the issue, it would come back to the Commission for reconsideration of the use. She indicated that she finds that Mr. Hodnefield's comments were appropriate that the economy is evolving and uses are changing whether we like it or not. She added that the Commission does the best it can in conditioning these applications, whether they be a distributor or manufacturer or a summer school program. EXCERPT: PLANNING COMMISSION MINUTES, JUNE 8, 2011 Page 14 of 15