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Community Care Licensing (CCL) to be a Director. He added that his facility has also been inspected and was found to meet the standards of daycare licensing. He noted, however, that upon completing this process, his building becomes an E-Class building as opposed to a B-Class, and changing it to an E-Class building would be fairly expensive and would drive him out of business because he cannot afford it. Mr. Pfund stated that he listened to the podcast from the October 29, 2008 Planning Commission meeting, and one of the items considered was a tutorial facility. He noted that at that meeting, the Commissioners acknowledged that they did not fully understand the Title 22 CCL standards when they requested staff to have a State Licensing representative come and speak to them to provide a better understanding of the State Licensing requirements. He added that the Commissioners indicated that they were aware that many businesses have exemption letters from Ms. Barbara Bobincheck of State Licensing and that the Commission has approved four of them. He stated that the Tri-Valley YMCA programs that are on Pleasanton school sites, which operate entire after-school programs, are also exempt from licensing and are not daycare or childcare facilities. He noted that the Commission does not realize this because the City does not regulate them. Mr. Pfund noted that at the October 29t" meeting, Commissioner Pearce was very concerned about the 12-15-hour requirements set by the State to get an exception. He stated that he knows that all these rules and regulations are in place because the State does not want people or facilities to be able to run a private school for children during the day instead of the children going to a regular school. Mr. Pfund further noted that at that same meeting, Commissioner Pearce stated that the Commission approved that tutoring facility because the facility has a letter from CCL, which exempts it from licensing. He also pointed out that Ms. Decker stated that the City relies on the expertise of the State in determining whether or not a facility is licensed as the State has the authority to determine that. Mr. Pfund stated that he had presented a letter to the Commission from Ms. Bobincheck, whom the Commission has acknowledged is the person in charge from State Licensing and that the Commission relies on the State's expertise. He noted that the letter talks about a private recreational facility, which is another exemption that exists in the State, explaining that the main difference is that in order to achieve this exemption, one must operate for more than 15 hours and for less than 12 weeks at a time. He stated that Ms. Bobincheck granted him this exemption because she acknowledges that he is not running a private school but an after-school program for children during certain hours of the day. Mr. Pfund stated that he is at the tail end of applying for his daycare license, which he believes he will get in possibly two to three months. He noted that his landlord has been considerate but that he has told Mr. Pfund that he [Mr. Pfund] must make a decision by December as to whether or not he will stay on the site and pay the full rent or leave. Mr. Pfund indicated that he cannot wait for the daycare license and requested PLANNING COMMISSION MINUTES, November 12, 2008 Page 8 of 29