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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, but they are regular classes according to a schedule in hour or hour-and-a-half increments. She noted that the proposal before the Commission did not appear to have those same constraints 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 and for children's safety. 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 inet with Mr. Pfund and his mother and that a PUSD 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, asked a procedural question if he would be able to respond to questions that were asked after his presentation. Chair Blank replied that after the public testimony, Mr. Pfund would have the opportunity to respond to the testimonies. Mr. Pfund then 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, that he has never said to any person that his program is a daycare, or that he had represented his facility as a daycare facility. Mr. Pfund indicated that the reason he does not provide care and supervision is because his waiver states that he is not responsible for supervision and care of children. 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 not responsible for the supervision and care of my children." He presented a letter from Barbara Bobincheck, the DSS Licensing Program Manager, which stated that based on the information EXCERPTS: PLANNING COMMISSION MINUTES, February 13, 2008 Page 4 of 19