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State. She stated that she thinks the Korean Church facility is a good location but that she would prefer that a childcare license be obtained. Chair Blank asked Commissioner Fox the reason for her preference when there is no student at the facility less than five years old. Commissioner Fox replied that State law does not say anywhere that a childcare license is only required for children 4 years, 9 months. She added that the California Code of Regulations does not require a license for children older than 4 years, 9 months. She noted that the children at KinderCare, La Petite Academy, and Quarry Lane After-School Program are older. Chair Blank reiterated his point that there are no exemptions for those less than 4 years, 9 months old. Commissioner Fox disagreed and noted that it is stated that in a public recreation facility, the program is provided for children under the age of 4 years, 9 months for sessions that run 12 hours per week or less and that are 12 weeks or less in duration; the program shall not permit enrollment in a combination of sessions that total more than 12 hours per week for each child. She noted that this is a public recreation exemption and that this is what Gingerbread House operates under today. Chair Blank expressed concern about the Commission directly interpreting State law. Commissioner Pearce inquired if staff foresees any unintended consequences stemming from the Commission requiring the applicant to go and obtain a childcare license as she has indicated she is willing to do, such as triggering a change to the E class occupancy. Ms. Decker replied that if the Planning Commission were to consider this facility as a childcare center, the occupancy would change from a B to an E, which may or may not then require additional modifications to the structure, depending on a determination to be made by the Building Inspector and the Fire Marshal. She noted that in addition to that, Hacienda Business Park does not currently allow childcare use within the Park, which would mean that a PUD modification would need to be processed. She added that a third consideration would be that an outdoor play area would be required for a childcare license. Commissioner Fox noted that the Hacienda Child Development Center, a childcare facility, is currently on Chabot Drive across from the Post Office and within Hacienda Business Park. She indicated that she was under the impression that a PUD modification was already in place. Ms. Decker clarified that this location has a different zoning district. Ms. Soo added that the proposed site is within an Industrial Park zoning district where childcare is not a permitted or conditionally permitted use and would require a PUD modification. Commissioner Pearce stated that it appears to be a great facility. She noted that she visited the site today and met with the applicant and Mr. MacDonald and added that her five- year old now wants to go there and learn Chinese. She indicated that her concern is that she wants to make sure that appropriate protections are provided, given the EXCERPTS: PLANNING COMMISSION MINUTES, December 10, 2008 Page 16 of 21