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within that program over 16 hours per week. She added that this is the condition seen on the most recent applications. In response to Chair Blank's inquiry if the hours get spread out, Ms. Decker said yes and added that the same is applicable even through the camps during the winter. She indicated that it is a matter of the applicant managing the schedule and monitoring how many hours each child is there. Mr. Dolan stated that a sentence could be added at the end of Condition No. 4 that states, "Until such time as the daycare license is obtained, no student could attend more than 16 hours." Commissioner O'Connor suggested adding "students underthe age of 12." Ms. Decker stated that this would only be applicable to the afternoon sessions which are shown under times for Condition No. 4 for "students aged 12 and under." City Attorney Seto stated that it could more generally be written to say, "during this temporary period," and the program would have to be modified and the conditions modified to meet the childcare exemption criteria. She indicated that the applicant could submit the program information to staff, and staff could continue to verify this during the monitoring period. Commissioner Fox inquired if this could be appealed to the City Council or if it would automatically go to the City Council. Ms. Seto replied that this is a conditional use permit and the Planning Commission has the final decision on this, unless it was appealed to the City Council. Commissioner Narum inquired, should the Commission go in the direction of allowing Mr. Pfund to open with a child not being there more than 16 hours a week, if this would give the applicant time to sort through what is needed for the E-occupancy so it would be on a parallel path. Mr. Dolan replied that it would, although the applicant would not need anywhere near 6 months to address that issue. Chair Blank stated that it would be more like from fourto six weeks. Commissioner Narum inquired, if the Commission grants the use permit saying a child can be there up to 16 hours for up to six months and there is no appeal, if in theory, Mr. Pfund could open once he has his business license and any fire or building inspection he needs, but it would not be required that the building satisfy the E occupancy before he gets the business permit under this direction. Ms. Decker said this is correct and added that Condition No. 10 would need to be modified to provide this. She stated that what staff has seen in the past when there is limitation in the number of hours creating the exemption, a condition is added that if there is modifications over and above 16 hours per week, a childcare license may be required and application needs to be made to the State. She noted that this is a standard condition on tutoring facilities and facilities with extended hours where the limitation of 16 hours is granted. She added that this would provide the opportunity for a six-month period based on exemptions seen and information from the State. PLANNING COMMISSION MINUTES, November 12, 2008 Page 21 of 29