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DRAFT Commissioner Fox inquired if the City would be liable if it allows Mr. Pfund to operate on a temporary basis prior to a childcare licensing and a child is injured in the facility. Ms. Seto replied that the City would generally not be liable for those business operations and activities that are being monitored by the business. Chair Blank inquired who would reduce the hours so that the childcare licensing is not needed. Ms. Seto replied that staff is crafting language to address this, that a program that would be temporarily allowed to occupy and open would have to be modified in such a way so as to meet the exemption requirements outlined in the prior documentation in terms of the number of hours. Commissioner Fox inquired if this meant that the hours of operation, including during school minimum days and during school breaks and holidays, would have to start at 3:00 p.m. Ms. Decker replied that staff has seen numerous programs that have come before the Commission with various hours of operation. She noted that the limitation that the Commission has acknowledged and accepted is a condition limiting the number of hours that children can attend, such that the hours of operation may be from 11:00 a.m. to 6:00 p.m.; the condition that is actually applicable is that no child can be 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 under the 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 uR,aFT ExGERPTS: PLANNING COMMISSION MINUTES, 11/12/2008 Page 18 of 25