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exempted and do not need a license. He suggested that there be something in writing regarding this. Commissioner O'Connor inquired if this has been a problem in the past because the City has not had a policy. Commissioner Blank stated that the issue is that people have indicated they want to be exempt and the State has allowed it; but the City is now saying it wants the business to obtain the license. He expressed concern that the State, on its own, may indicate to the businesses that they do not need a license and opine they are exempt, which causes a problem for the City. Mr. Dolan stated that the City has experienced such a situation with the Pfund application, and the State accommodated his application. Ms. Stern stated that staff pursued this matter with Mr. Fred Gill, Regional Manager of Child Care Licensing for the Bay Area. She noted that although Mr. Gill indicated that the State would issue a license, he did not put that in writing. Commissioner Blank suggested writing a letter to this effect to confirm this understanding. Commissioner O'Connor stated that the sign -in /sign -out procedure includes an age restriction for 12 years and under. Commissioner Pentin noted that private schools are exempted but that he believed most, if not all, of the facilities were private. Ms. Stern stated that in this case, there is a specific State exemption for child care associated with (K -8) private schools where child care is provided by credentialed teachers, which staff believes is a valid exemption. Commissioner O'Connor noted that a lot of private schools do not require credentialed teachers and inquired if the exemption would apply to a private school teacher who is not credentialed. Ms. Stern replied that she would look into this matter. Commissioner O'Connor inquired if businesses could be approved by the Zoning Administrator and not come before the Planning Commission if they fall under less than 10 hours per week during school time and 15 hours per week when school is out. Ms. Stern replied that they would not be classified as a child care facility and would be processed according to existing regulations in the Zoning Ordinance. EXCERPTS: PLANNING COMMISSION MINUTES, July 8, 2009 Page 2 of 12