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a situation where they are in an environment for 30 hours perweek. She noted that at a prior hearing regarding what the distinguishing differences were between a tutoring or gymnastic school and an actual childcare centerwhere 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 perweek 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 perweek 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 Community Care Licensing has its own manual and its own internal administrative policies by which the provisions are further interpreted. She noted that staff has been in communication with the Alameda County Counsel's Office to obtain more information about how the California regulations are being interpreted on an administrative level, and the results are still pending. Commissioner Fox inquired if Title 22 could be printed off and provided tonight for the Commission. Ms. Seto replied that she could go to her office and obtain a copy. She noted that the regulation did include many different exemptions. Commissioner Fox stated that Exemption 7 is public recreation program for less than 16 hours for a total of 12 weeks, operated by various agencies and not by a city or county agency; Exemption 8 is public and private schools that are run by school PLANNING COMMISSION MINUTES, December 10, 2008 Page 7 of 35