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ATTACHMENT 3 Review and Provide Comments on Policy Options for Child Care Uses Ms. Stern informed the Commission that for the past year, the Planning Commission and the City Council, have reviewed a number of applications for conditional use permits for private, for profit uses such as martial arts, tutoring and instruction, wherein school age children regularly attend the program every day after school and/or for extended periods during school vacation periods. These businesses are essentially providing after- school and custodial care during school vacation periods for school -age children although the business operators are often provided exemptions from child -care licensing by the California Department of Social Services Community Care Licensing Division. Ms. Stern advised that these businesses are being granted "exemption from licensure" by the State on the grounds they are operating a "public recreation program" that meets specific criteria. However, staff contends that these businesses do not qualify because the programs provided are not operated by specific agencies as defined in the Community Care Licensing Division's Manual of Policies and Procedures or by the underlying code. The Commission was further advised by Ms. Stern that the City's Youth Master Plan (adopted in 2001) recognizes the importance of readily available, high quality child care and supervised youth activities and notes that the demand for these services generally exceeds the supply. Staff is aware of a need to address concerns regarding a basic level of safety and welfare of participants in these programs, is considering further refinement of policy options, and is seeking the Human Services Commission's comments and suggestions on how best to define and regulate uses. Ms. Stern provided information on defined uses and staff's attempt to draw a distinction between programs where a child attends for a few hours per week, and those where a child attends either every day after school or during school vacation periods, and remains under the "custodial care" of the business operator and its employees /volunteers. She further advised that programs operated by the City or the Pleasanton Unified School District (PUSD) would be excluded, since they are already required to conduct background checks, health verification and /or specific certifications for certain program and/or staff positions. In an effort to address all of the issues, Ms. Stem advised that staff has drafted two (2) options, for the Commission to review and provide comments and suggestions: Option 1 would require the applicant to obtain a child care license from the State of California Community Care Licensing Division, and would ensure a basic level of review of the facility, his or her employees, the program, and of the facility itself prior to the opening of the facility It would also provide a forum for parents to take complaints or concerns about the facility and obligate the state to investigate. Option 2 would require applicants to seek a determination from the State Community Care Licensing Division as to whether their use requires a license or can be exempted from licensing requirements. If exempted, the applicant would be required to prepare written procedures and standards addressing: criminal background checks, health screenings, training, disaster planning, EXCERPTS: Human Services Commission Minutes, May 6, 2009 Page 1 of 4