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Commissioner Pearce noted that it appears that the exemption encompasses everyone and inquired if there ever is a childcare facility for school-age children that would require a license. She further inquired what the purpose of an exemption might be if the children can be in programs for 20 hours per week and re-enroll in the same programs all year. Ms. Decker replied that the State acknowledges that these sessions can be back-to-back and that students can re-enroll in the same programs. She noted that the State has a monitoring process that the City has not been engaged in. She stated that the Planning Commission has had various discussions regarding this and has expressed a certain discomfort in the titling of an exemption for continuous engagement in these programs with back-to-back enrollment, and whether or not such facilities are still considered a tutoring center or a childcare facility. She indicated that with respect to this application, staff has evaluated this particular program and believes that it meets the exemption that the State has provided. Commissioner Fox requested staff to provide an actual printout of Title 22, Section 10158 in order that the Commission may see its exact wording. She noted there was no outdoor area for children, stating childcare facility regulations are 35 feet per child in indoor areas and 75 feet per child in outdoor areas. She also questioned the number of maximum children on site at one time versus the number of the total enrolled in the program and inquired how this works out with crowding and adequate space issues. Ms. Soo replied that there would be a maximum of 90 children in 8,000 square feet of classroom and other areas. Commissioner Fox inquired what the building occupancy type was for the proposed use and if it was required to be an E occupancy type since it is an academic program. She further inquired what the maximum occupancy load for the building was. Ms. Decker replied that the building has a B occupancy and that the use is considered a tutoring center and not a childcare facility or a school, which would require an E occupancy. She stated that various discussions have occurred in terms of occupancy and how it would change; however, the use would continue to be maintained as B occupancy if no other changes were made. Commissioner Fox stated that a B occupancy allows training and skilled development outside an academic school program, but since this has several categories, including an academic enrichment program, it should also have an E occupancy. She noted that one category states: "education or academic program for children between K-12~h grade." She inquired how this could be a B occupancy when it is a tutoring school and an academic enrichment center. Ms. Decker replied that the reason it complies with the B occupancy is because the actual tutoring and the program offered is outside of the State curriculum. She explained that the private school or E occupancy is specifically related to education of EXCERPTS: PLANNING COMMISSION MINUTES, December 10, 2008 Page 2 of 21