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DRAFT specifically at the adjacent uses and the parking impacts and what could happen in the future when the uses may change. She noted that the letter written by DSS stated that children at any age would be free to come and go as they wished. She recalled Commissioner Pearce's observation that smaller children were held back by the operator and were told that they could not leave. She noted that the issue of supervision was a fine line, and that if the operator were to prevent the child from leaving the premises with anyone other than the supervising adult, they would be acting in a supervisory capacity. In that case, the issue of the applicant acting as a daycare facility with supervision would be raised. Commissioner Fox noted that she called DSS and received examples of several martial arts studios licensed as daycare facility. She noted that there was the potential for a child to spend 33 hours per week in the facility and inquired whether exceeding 17 hours per week would require the applicant's facility to be licensed as a daycare facility. Ms. Decker replied that numerous martial arts studios operated in the City as martial arts studios, where children were dropped off and picked up after a 60- or 90-minute session and where no other activities were involved. Generally, the hours of operation ran after school until the early evening. She noted that the proposal before the Commission did not appear to have those same constructs in that children could potentially attend as early as 11:40 a.m. and be picked up at 6:15 p.m. Staff was concerned that this project should adhere to the same sign-in/sign-out practices instituted within the City for conditional use permits processed for similar uses. In response to an inquiry by Commissioner Olson regarding whether the State defined "school- age," Ms. Decker replied that it referred to children in the K-12 age range. In response to an inquiry by Chair Blank regarding whether a 14-passenger van required special licensing, Ms. Amos replied that it did not. Chair Blank and Commissioners Pearce, Olson, and Narum disclosed that they individually met with Mr. Pfund at his facility. Commissioner Fox disclosed that she met with Mr. Pfund and his mother and that a School District teacher was present as well. Commissioner O'Connor disclosed that he spoke with Mr. Pfund but did not meet him at the facility. THE PUBLIC HEARING WAS OPENED. John Pfund, applicant, presented a number of exhibits and stated that according to his Exhibit 1, he was exempt from child-care licensure. The document stated that if the facility did not provide care and supervision to children, it was not subject to licensure. He stated that he did not provide care and supervision to children, nor had he represented his facility as a daycare facility. He stated that he taught the values and physical skills of martial arts. He stated that the parents signed a waiver (Exhibit 2) which stated that he did not provide care and supervision to children and that signing the waiver was necessary in order to participate in his martial arts school. The waiver further stated that the parents acknowledged that "the Tri-Valley Martial Arts Center was DRAFT EXCERPTS: PLANNING COMMISSION MINUTES, 2-13-2008 Page 3 of 15