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have been held back. He expressed concern about day soccer camps that run eight hours a day and inquired whether these would be considered day care facilities. Ms. Stern replied that she believed soccer camps fall under the exemption because they are not a year-round facility; however, there may be some argument that they should be regulated. Commissioner Blank stated that he did not believe they should be regulated. Commissioner Blank brought up a situation that has occurred in the past where the City states a facility is considered child care but the State disagrees and expressed concern about a “Catch 22” situation. Ms. Stern stated that to some extent, businesses have asked for exemptions because they do not believe they are child care facilities. She added that in cases such as this, staff will ask them to go to the State and get a license as a condition of City approval. Commissioner Blank stated that if businesses that have been exempted by the State go and apply for a license as required by the City, the State can tell them that they are 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. PLANNING COMMISSION MINUTES, July 8, 2009 Page 4 of 15