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According to the Community Care Licensing Division of the State Department of Social Services (DSS), the applicant's use is exempt from the requirement to obtain State licensing. Per Section 101158 of Title 22, facilities are eligible for an exemption if they serve school-age children (children over the age of four years and nine months) who attend sessions that total no more than 15 hours or more per week for each child, or, if the school-age children are enrolled in sessions (with no limit on hours per week) that are 12 weeks or less in duration. Children may be enrolled in back-to-back sessions as long as they are re-enrolled at the end of a 12-week session. The Planning Commission had a lengthy discussion on the State exemption. Commissioner Fox felt strongly that the proposed facility does not qualify for the exempt status as she believes the exemption is intended to be granted for "recreation" facilities only. Staff has concluded that in this case, the procedures and practices for issuing waivers of State requirements are not for the City to determine. In light of the State waiver, staff believes that all substantive concerns about the operation of the Little Ivy League facility have been addressed through the recommended conditions of approval. OPTIONS FOR CONSIDERATION The following are options that the Council may wish to consider and/or discuss: Option No. 1: Determine that the Planning Commission action, including conditions, is appropriate. While the majority of the Commission felt that the proposed facility did not require a State childcare license, the Commission wanted to ensure that appropriate and necessary protections would be provided and, therefore, imposed the following specific requirements: All adults working at the facility shall obtain CPR and First Aid training; All adults working at the facility shall undergo a criminal background investigation; A disaster plan should be in place; and • A plan providing fresh air access to all students shall be implemented. This option would allow the applicant to operate as a tutorial facility without a childcare license but would impose similar local requirements that would be imposed by the State were the facility to pursue a childcare license. Option No. 2: Determine that the facility is a childcare center. If the proposed use is categorized as a childcare center, the following would need to be in place prior to operation: • A modification to the Hacienda Business Park PUD. The current PUD approval does not allow a childcare center to be located in the district either as a permitted use or as a conditionally permitted use. Page 4 of 5