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Commissioner Fox noted that in public schools, Kindergarten to Third Grade is 20 children per class and inquired why the facility would not then be considered a classroom type of setting. Ms. Decker replied that this is based upon the type of topic presented, and the topic is not necessarily taught in the State school curriculum venue. She pointed out that the request is for a maximum of 90 children at the site, and while the 8,000-square-foot facility would accommodate a maximum of 90 children, it does not mean that every classroom will be filled with 12 children. Commissioner Fox inquired whether or not children would be at the facility all day during the summer. Ms. Decker replied that she was not certain but that the hours of operation would be as shown in the narrative and would comply with the exemption. Commissioner Fox expressed some confusion because she stated that for a lot of tutoring facilities in town, a student is tutored one or two hours per week, and it is not a situation where they are in an environment for 30 hours per week. She noted that at a prior hearing regarding what the distinguishing differences were between a tutoring or gymnastic school and an actual childcare center where the students are being taught academic subjects, staff had responded that it would depend on whether a child is in a certain class schedule for one to two hours per week versus a long period of time per week. Ms. Decker stated that the Municipal Code does not currently have a definition for tutoring schools as opposed to childcare centers. She added that the Planning Commission has struggled greatly through these discussions and that limitations that have been placed on other projects for 16 hours per week or 1.5 hours per day are related to the Commission's concerns regarding whether or not tutoring centers may be considered as childcare centers. She noted that a condition of approval has been placed on these projects such that there is a clear demarcation between the facility being a tutoring center versus a childcare facility. Ms. Decker clarified that the request before the Planning Commission this evening takes into account the second section of that particular exemption and noted that the Commission has not been necessarily supportive of the back-to-back registration of 12-week sessions because of the concern that it does not become a childcare facility. Commissioner Fox said in the past when one of these items went to the City Council, the City Attorney, Michael Roush, had stated there is a difference between the policy manual and what is actually in the statute which he relies on. She noted that the statute does not state 12-week back-to-back sessions, but the Community Care Licensing policy manual does talk about back-to-back sessions. She requested clarification regarding whether the Commission needed to abide by the statute or by the policy manual. Ms. Seto noted that there are statutes but that what is specifically cited in the exemption letter is from a provision of the California Code of Regulations, a State regulation that, in effect, is like a statute. She added that staff has learned that Alameda County EXCERPTS: PLANNING COMMISSION MINUTES, December 10, 2008 Page 4 of 21