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THE CITY OF 1 :3 CITY COUNCIL AGENDA REPORT 2 pL E ASANTONa September 1, 2009 Community Development Planning Division TITLE: PPOL -1, CITY OF PLEASANTON, CHILD CARE POLICY CONSIDER A PLANNING POLICY REGARDING THE DEFINITION AND LICENSING OF CHILD CARE USES SUMMARY Over the last year, the Planning Division has reviewed several applications for tutoring, martial arts instruction, and other activities where children are engaged in the activities for several hours after school every day and for extended periods during school vacations. Although the applicants do not consider themselves as child care, and in some cases have received exemptions from the State Division of Community Care Licensing, there is a concern that these businesses are providing unregulated child care. This proposed Planning Policy (Attachment 1) seeks to define child care uses and to require that those uses defined as child care obtain a license from the State Division of Community Care Licensing. PLANING COMMISSION RECOMMENDATION On July 8, 2009, the Planning Commission reviewed the draft Planning Policy. The Commission generally favored the alternative policy in Attachment 2, which would require the use adopt standards related to health, safety and other aspects of the operation. These would include criminal background checks, health screenings, training, and disaster planning. Planning Commissioners generally expressed a preference for the City to regulate these uses rather than asking the state to license facilities that it may normally exempt from licensure. RECOMMENDATION Staff recommends that the City Council support implementation of the proposed Planning Policy (Attachment 1) regarding the definition and licensing of child care uses. FINANCIAL STATEMENT The adoption of this policy would have no financial impact on the City other than potentially reducing the amount of Planning Division staff time needed to review certain child related uses by clarifying the definition of child care.