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building "E He stated that this would exist in some circumstances and have an added expense, such as increased restrooms, and recreation areas, which can be expensive. He noted that If the City sends the entity to the State, the State's regulations require 75 square feet outdoors per student, and historically the State has not granted many exceptions, although exemptions have been granted in some instances. He added that the State was prepared to do that for John Pfund's application because he had an area devoted to physical activity within the space. He noted that there were some who did not believe this was adequate because it would eliminate some building spaces as they could not provide physical activity space inside or outside. Mr. Dolan stated that another major unintended consequence is that there are not many zones that allow child care uses, which would, therefore, significantly limit opportunities for applications, regardless of the building. He noted that this has been presented in the form of a policy that the City would use to interpret terms, and the City could start changing the zoning code to allow more uses to accommodate child care. Mr. Dolan noted that if the Commission chose Option A and relies on the State, the only concern would be the limitation on opportunities, and staff could expand those opportunities through zoning amendments. Commissioner Narum questioned education requirements to get a day care license. She inquired how specific the State is in terms of would two years of college be enough or would there be specific classes to meet the licensing requirements. Mr. Dolan replied that staff got into detail regarding this with the Tri- Valley Martial Arts project. He stated that there were three paths: a Bachelor of Arts degree in anything gets the person a long way there; less than a Bachelor's degree may require additional classes; and there are ways to get a license without having a Bachelor's degree, as well. Ms. Stern stated that there are separate requirements for the Director and for personnel, who are required to have health and safety training and some other requirements. Mr. Dolan added that there are two or three specialized very specific courses that everyone must have regardless of what educational background they might have. He stated that during the self regulation for Little Ivy League, there were no educational requirements imposed by the City, although as the project was descried, all instructors were highly qualified teachers. Commissioner O'Connor inquired whether the Commission could eliminate some of the unintended consequences if the policy was altered to say something like, if the facility is exempt from the State but is still a child care per the City's definition, the City requires certain items such as background checks. Commissioner Blank inquired if this was the same as just requiring them to do it. EXCERPTS: PLANNING COMMISSION MINUTES, July 8, 2009 Page 10 of 12