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spent 17 -30 hours a week in a training camp, and encouraged the Commission to include the athletic programs. Mr. Hirst stated that he felt issues at heart are only being partially addressed, such as the moral character of the applicant, and whether or not the applicant exceeds the services for which they say they are going to provide. He stated that as a property owner, he was offended that the School District is allowed to lease out facilities and not have the policy apply to them, whereas others must go through the process. Mr. Hirst stated that an issue not included in the staff report but affects applicants is that when they are given the amount of information needed to apply for a facility, they get scared and often walk away. He also pointed out that there could be language difficulties for applicants for cultural programs. He added that potential applicants have been told that there is a moratorium and staff is not processing applications, so they end up in another community or not operating at all. He stated that various constituents profit from these facilities: the applicant and the property owner, the parents get services they want for their children, the students learn, and the City received taxes. Mr. Hirst stated that he supports 10 hours a week and noted that tutoring schools exceed 10 hours a week. He added that regulations should be applicable to anyone under the age of 18. He referred to Exhibit A and recommended that uses be defined by the Zoning Administrator rather than by the City Manager due to political ramifications. Finally, with respect to State licensing, he cited situations where people apply for licenses and the State indicates one is not needed; however, the City requires it and refers to a different definition, but the State indicates it cannot issue such a license. He recommended instructing staff to accept applications where appropriate and process them now so that the policy can be refined and ultimately approved. THE PUBLIC HEARING WAS CLOSED. Commissioner Pentin stated that State licensing versus City requirements is an issue and that the City would be defeating its purpose with this Catch 22. He added, however, that he believes that criminal backgrounds, health screenings, and sign -in /sign -out procedures are appropriate for any organization with children in their care. He indicated that he was in favor of the disclosure clause of checking whether facilities like sports camps are or are not licensed should the City get to a point where it does not require facilities be licensed. Commissioner Blank agreed with Commissioner Pentin and Chair Pearce. He stated that he did not believe the liability issue was something to worry about, given the list, the sign -in /sign —out, and refinement for athletic or training schools. He did express concern, however, about the State's reliance issue. He stated that they have demonstrated what appeared to be a lack of responsiveness and has also demonstrated what appeared to a significant amount of contradictory information. He noted that when written confirmation was requested, the City was told to read the previous letter, which was not helpful. He indicated that he believes there should be at EXCERPTS: PLANNING COMMISSION MINUTES, July 8, 2009 Page 5 of 12