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Ms. Anne Fox January 8, 2009 Page 2 On October 31, 2008 the DSS made a written determination that Little Ivy League School (LIL) at the proposed location is exempt from child Gaze licensing. You argued at the Planning Commission that the Dept. of Social Services (DSS) does not understand its controlling regulations. Perhaps the City can pursue that azgument separately with DSS. But it would be unfair, and a huge burden to a small business like LIL, for you to drag out its approval based upon your disagreement with the State agency which has jurisdiction by law to interpret those regulations. Should you succeed in getting the DSS to change its interpretation of controlling laws, and start regulating after school programs, the result may be to severely restrict after school programs, an essential service for Pleasanton working parents, which is in short supply already. This issue is larger than LIL because, while Jennifer Zheng has the sophistication and resources to plow through yet another bureaucratic process, many small after school programs may not have that ability. Moreover, the State regulations are designed for pre-school day care, and that makes compliance problematic for most after school programs. For example, the State requirement for outdoor play space is inconsistent with Hacienda Business Park zoning and covenants, and typically inconsistent with other business park regulations throughout Pleasanton. For school age children, such a requirement duplicates the physical education activity already provided during the regulaz school day. And it is not needed, as you graciously acknowledged, when you witnessed students from LIL being brought to a public pazk in their vicinity, without any requirement of any government for that to occur. (Jennifer now knows she has to get a City permit for such outings.) More importantly, elimination offlex-office spaces from the available supply of locations for after school programs leaves Pleasanton without any locations other than shopping centers where after school programs can locate. Very few, if any, small businesses can afford to build new buildings to meet special campus design standards, and there are very few, if any, places in Pleasanton where such campuses could be approved. In the case of LIL, parents who desire after school study of Chinese language and culture would be forced in most cases to drive to San Ramon, or forego this wonderful cultural enrichment for their children. Mandating on-site outdoor play space would devastate after school programs available in Pleasanton, and thus greatly inconvenience a substantial number of Pleasanton working parents. This would be a case of the perfect driving out the good, and if State licensing is considered the "perfect" outcome, the outcome would not be near as good as the conditions which the Planning Commission already placed upon LIL School.