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Commissioner O'Connor said no; it just would not go to the State at all so they do not deal with the occupancy and some other things. He continued that if the State says a business is exempt, then the City would require no license but would require certain other items that could be listed out, such as a background check, CPR certification, etc., which would avoid unintended consequences and time delays. Chair Pearce noted that this was Option B. Chair Pearce inquired why the City is excluding summer programs as accessory uses. Ms. Stern replied that those uses, such as the health club where they simply run a summer program, are not a year -round program and would not fit the definition. She stated that children are there several hours a week, and an argument could be made that it should be regulated; however, staff wants to allow some of the programs to continue as they have been. Chair Pearce stated that it is not presumed that parents are on -site. Ms. Stern stated that there are two exemptions: when parents are on -site and for summer programs. She added that potentially martial arts could be included if they just run as a summer program. Commissioner Narum inquired under what a church or bible camp would fall. Ms. Stern replied that an argument could be made that it was accessory to the main use, but she noted that many places have child care and preschools associated with them. Commissioner O'Connor agreed and inquired if this was considered accessory because it operates only two or three months out of the year. Commissioner Blank stated that he is assuming this would not be imposed on existing operations. Ms. Stern stated that it would if an owner expanded. Mr. Dolan noted that the list of exclusions is different depending upon which option the Commission is looking at. He stated that staff excluded far less for Option B where the City is doing the regulating, as opposed to Option A which pushes everything back to the State, which is more generous in the exemptions. Ms. Stern stated that it sounds like there is more consensus among the Commissioners for Option B than Option A. EXCERPTS: PLANNING COMMISSION MINUTES, July 8, 2009 Page 11 of 12