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DRAFT Commissioner O' Connor inquired if staff asked Dublin directly, and Ms. Amos replied that the information was not available for public review. Commissioner O'Connor inquired why Dublin would not simply answer the question and asked if this was privileged information. Ms. Amos replied that staff had posed these questions, and Dublin indicated that all information that can be released has already been provided to staff through correspondence. Commissioner Fox asked if this was the reason the questions were included in the packet, stating she had asked them back on October 17~h. Ms. Amos said no but that this was what Dublin responded to. Ms. Amos noted that Commissioner Fox had additional questions regarding responses found in the pumpkin-orange-colored book. She stated that the first question requested clarification on Question 27, 89, and 91 regarding if the facility was an E-occupancy building. Ms. Amos clarified that it is an E-occupancy building, based upon the change in use to childcare. Ms. Amos continued that the next question was: "The Building and Professions Code require that a change of occupancy type have architect- or engineer-approved plans. Since the occupancy is changing from B to E (per the staff report, it is an E), where are the plans signed by the architect since state law requires that anytime an occupancy type if changed, it requires signed plans. I've asked this question before. This is a state requirement beyond the city's requirements." Ms. Amos stated that while this is a requirement, it is one that is required by the Building and Safety Division and not in order to secure planning entitlements. She noted that this will be required at the time the applicant applies for Building and Safety Division permits. Ms. Amos stated that the next question relates to Question 18: "I don't see the answer to Question 18 in the packet regarding how the temperature requirement inside to be between 68 and 85 degrees in Title 22 meshes with the open loading dock door issue. Your response references responses to No. 14 but I don't see anything addressed there in the response to No. 14. Please send me the State's response or point out where it is if I am missing it. Please ask CCLD in writing if this was not asked." Ms. Amos stated that the applicant will maintain the temperature between 68 and 85 degrees when it is required through the existing air-conditioning and heating unit, such that even if the roll-up door is open in the winter, the heating will be running to maintain a constant temperature, as required by the State. Ms. Amos indicated that State Licensing has verbally conveyed to staff that this is fine because the door is only open periodically and will not drop the temperature too much and the applicant is maintaining it through those requirements. Ms. Amos added that Title 22 is enforced by the State and not the local government. Regarding the next question: "I don't see responses to No. 19 which relates to the Title 22 requirements that rooms with kitchen/food preparation not have children present. The site plan is still labeled 'Kitchen/Study Room."' Ms. Amos stated that although the room is labeled such, it is not a kitchen per se because it has only a sink and DRAFT EXCERPTS: PLANNING COMMISSION MINUTES, 11/12/2008 Page 2 of 25