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Issues associated with the application have been limited but controversial, and they focus on distinctions between childcare and tutorial facilities. The State has judged the structured academic and cultural curriculum to be more in line with a tutorial school and granted a licensure exemption. The Planning Commission has developed conditions of approval to address the concerns surrounding the school operation which include background checks as well as first-aid and CPR training requirements. Additional concerns were raised over the opportunity for fresh air exercise during the summer months. In response, the Planning Commission created conditions and staff crafted Condition 21 which allows the Community Development Director a fair amount of discretion. As both the property owner and business park are not thrilled with idea of shoe- horning aplayground, he met with the applicant to discuss a programmatic solution. They have agreed that the school may, on a daily basis, escort the children to the park or middle school playground provided that it obtains the necessary permits and pays any applicable fees associated to secure the use of a public facility for private profit. Staff has received correspondence from the applicant's attorney suggesting that they disagree with the evolution of this particular condition. Councilmember Sullivan questioned and confirmed that the school is still currently operating at 4455 Stoneridge Drive. Mayor Hosterman opened the public hearing. Anne Fox, appellant, stated that she is concerned over the recent number of applicants who, having been deemed childcare centers by the State, submit numerous proposals to the Planning Commission in an attempt to become licensing exempt. She likened this private recreation facility application to the one for Tri-Valley Martial Arts A+ Afterschool Success Academy approved by the Planning Commission, but ultimately overturned by the City Council. Ms. Fox stated that the proposed use does not comply with the City's previously employed definition of a tutoring facility, is not located in a district where the Municipal Code supports private recreation facilities, and exceeds the operating limits for an instructional facility exemption as set forth in Health and Safety Code 1596.792L. In addition, the Little Ivy League School (LIE) has provided information that it is an academic private school yet is not registered with the California Department of Education; has submitted letters from the State which reference a statute that does not list a private recreation facility as an exemption; and has submitted conflicting iterations in regards to hours of operation. Ms. Fox closed by asking the City Council to find that this application, as well as other childcare providers that attempt to define themselves otherwise, requires a childcare license. Councilmember Sullivan asked staff for the appropriate application of Health and Safety Code 1596.792E which stipulates that an instructional facility shall not operate more than 30 days in a 12 month period. City Attorney Roush requested time to review and consider the referenced code. Jennifer Zheng, applicant, founded the Little Ivy League School in 2005 to give her own children the opportunity to learn Chinese language and culture, as well as review their classroom learning in a very structured environment. An influx of Asian residents in the community has City Council Minutes Page 3 of 19 February 17, 2009