PC 021308 - Laserfiche WebLink

Commissioner Fox indicated that she had a question for the City Attorney and noted that with respect to the exemption from licensure within the Evaluator Manual, the manual read, "Once at the facility, children are not assigned specific activities or placed in a structured program" and "Children participating in the drop-in recreational program are not there to receive structured care and supervision." She added that it further said "children may arrive or depart from the facility on their own." She noted that the staff report discussed the schedule and that after the children's arrival, there was 30 minutes for lunch, martial arts from 1:00 p.m. to 2:00 p.m., followed by a half-hour break. Following the break, there was leadership, agility, and balance training from 2:30 p.m. to 3:30 p.m., then martial arts games and activities from 5:00 p.m. to 5:30 p.m.; and quiet activities from 5:30 p.m. to 6:15 p.m. until pickup. She noted that the applicant's website talked about "structured games and activities." Based upon the Licensing Manual and the applicant's description of his business, Commissioner Fox inquired whether or not the children were in a structured program. Mr. Roush replied that as indicated in the staff report, staff had not agreed with the State's determination that the Academy would fall within the exemption. Staff indicated the rules for the protection of children as well as the schedule and activities set forth for the children would remove the use from the exemption. Commissioner Fox noted that the testimony indicated that the waiver allowed children to come and go as they pleased, although it was not the parents' or applicant's experience that in reality, it would happen. She inquired whether that would invalidate the waiver. Mr. Roush did not 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 prof ects, 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 PLANNING COMMISSION MINUTES, February 13, 2008 Page 32 of 42