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to teach the core fundamental criteria outlined by the State. She added that in this regard, this particular use falls under the B occupancy fortraining, skills, and learning, whereas a State curriculum-required facility would be an E occupancy. She pointed out that this particular tutoring program is specific to a niche that serves a certain population. Commissioner Pearce noted that the school was engaged in activities such as helping children meet math standards or STAR testing results and standards and inquired whether it would truly be classified as an academic setting. Ms. Decker replied that it would still be a tutoring center because the threshold is not based on the State curriculum. Commissioner Fox inquired if it is specifically stated in the California Building Code that E occupancy requires that there be a California Department of Education- mandated curriculum and if this could be also obtained along with the Title 22 citation. Ms. Decker replied that the Code does not state this but that the most recently adopted Code added a new classification in terms of a B occupancy that specifically states training and skills facilities, under which this particular use falls. Commissioner Fox noted that this use appears to be a classroom environment where the ratio is not one tutor to one student. She stated that she believed tutoring would be for a small or high ratio of teacher to child. Ms. Decker replied that the City does not currently have a definition that identifies the student-instructor ratio. She added that the Commission recently approved a tutoring facility forAmy Cheng, the MindBridge School, whose ratios were fairly typical at 1:4 and 1:6. She noted that the ratios for tutoring are not limited to 1:1 and would differ depending upon the enrollment and the complexity of the subjects, such that there may be more demand for one class where there may be six children. She indicated that staff does not look at the ratio and has seen tutoring schools with ratios as high as 1:10, depending upon the subject matter. 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 thatthe 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 PLANNING COMMISSION MINUTES, December 10, 2008 Page 6 of 35