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the area meets the Code, she noted that Condition No. 15 requires that the applicant contact the Building and Safety Division and the Fire Marshal prior to the issuance of a business license to ensure the proposed use of the tenant space. Chair Blank noted that the applicant had that she had contacted and met with the fire and building officials, who inspected the sprinklers and emergency exits and deemed them appropriate for the use. With respect to the comments made by Commissioner Narum, Ms. Decker stated that those conditions could be added; however, she recommended that the Commission reconsider the requirement for an outdoor play area as there is no real accessible play area on the site other than the parking area, and the adjacent structure and use has numerous truck deliveries on site. She noted that staff has not evaluated this and recommended that if the application were conditioned to require an outdoor play area, the Commission also provide the flexibility to have the Director of Community Development review and make the final determination to ensure the safety of the children. Chair Blank stated that the program does not seem like the kind of school where the children are in romper room all day but has structured timeframes where the children go from one class to another. He noted that in this sense, he felt an outdoor play area would not be as critical. Commissioner Pearce inquired if the conditions would be crafted such that they would need to be complied with prior to the issuance of a business license or some other event. Ms. Decker replied that the Commission could condition them prior to occupancy or obtaining a business license. She noted that as stated by the applicant, the Fire Department has visited the facility, and the facility is currently ready to be occupied. She added that the applicant would need to contact the Building and Safety Division prior to occupancy and would require a business license. Commissioner Narum stated that if the facility's staff would be required to have CPR and first-aid training before a business license is issued, it could take some time to find a class and complete certification. Ms. Decker clarified that they would not be able to occupy the building without a business license. Chair Blank indicated that he believed the training was easy to locate and secure. Ms. Decker recommended the following language forthe condition: "The applicant shall obtain first-aid training and CPR within three to six months of the date of occupancy and provide verification for the file." Commissioner Fox inquired if the City would be liable with this type of condition in place should there be a situation where a child is injured at the facility and is not able to receive CPR because there is no one in the facility qualified to administer it. Ms. Seto said no. She explained that generally, the City is not liable, for example, if it approves the building and the accident occurs in the parking lot. She added that PLANNING COMMISSION MINUTES, December 10, 2008 Page 22 of 35