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know whether it would invalidate the waiver per se, but staff believed that the waiver notwithstanding, the children were not really free to come and go and that they were kept there until the parents arrived. It was staff's opinion that it is not, that the waiver is invalid, and that it did not reflect reality. Commissioner Fox noted that there is a 14-passenger van and aseven-passenger van. In response to an inquiry by Commissioner Fox regarding whether there would be potentially 21 cars at the facility in the morning during the summer months, Ms. Amos replied that in that case, the same parking requirements would apply as for the adult classes, which was one space for every two students in attendance. The applicant stated that the parents generally staggered their arrivals. Commissioner Pearce noted that the applicant had called similar facilities such as dance and gymnastic facilities for special activities to inquire about their care and supervision policies and inquired whether the number of hours per week the children attended the facility had been determined. She wished to understand the difference in hours and the restrictions between a gymnastic studio when a student is dropped off for an hour and this use, when an exemption for care and supervision would be required, and when it would not be required. Ms. Decker replied that one of the distinctions was the length of time per activity and for many of these types of facilities, the children attend for an hour or an hour-and-a-half. In past projects, it is a bona fide daycare if children are present for over 1'/z hours per day or over 16 hours per week. Staff had taken great care to make that distinction and required sign-in/sign-out sheets. Staff believed that the children would be at this particular facility longer than those hours and would not meet the exemption. In other use permits, if it is over those hours, staff requires that these uses meet the State requirements to obtain a daycare license. Chair Blank noted that there had been considerable discussion about daycare and its licensing and inquired about the cost and other burdens required to acquire a daycare license. Ms. Amos replied that staff typically did not ask those types of questions since the fiscal impacts were not considered in these matters. She noted that the PUD required a conditional use permit for recreational facilities and daycare facilities. Commissioner Fox asked, since staff believes that the use requires a childcare license, whether the facility would be required to conform to the Municipal Code requirements and zoning requirements for a childcare center. Ms. Amos noted that he PUD required a conditional use permit for recreational facilities and daycare facilities. Chair Blank asked if the rest of the Commission had other questions. Commissioner O'Connor indicated the questions he was going to ask have already been addresses. Commissioner Fox agreed with Mr. Roush that this use did not follow the exemption criteria as a drop-in facility because of the issue with the waiver. She believed that in order for the use to qualify for the exemption, it must truly reflect reality that the drop-in requirements meant that the children may be free to come and go as they please. She believed this use required licensing in accordance with Health and Safety Code 1596.792 and 1596.793. EXCERPTS: PLANNING COMMISSION MINUTES, February 13, 2008 Page 15 of 19