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the facility is checked every two years to ensure it remains current with certifications. Chair Blank noted that there is also the Good Samaritan law, which relieves someone of liability. Commissioner Fox further inquired if the City could be liable if the reason the facility is not licensed is because an exemption has been put in place, which is not backed by State law and by the California Code of Regulations. Ms. Seto replied that with the current application, the City would be relying on the State's exemption provided by Ms. Suzanne Bothwell's letter, Exhibit D of the staff report. Commissioner O'Connor noted that the exemption is obviously not for the 16 hours or less and inquired what it was based upon for this application. Ms. Seto replied that the Department of Social Services has indicated and granted an exemption for the hours of operation or a facility that operates for more than 15 hours but no more than 12-week sessions. Commissioner O'Connorthen inquired who was responsible for ensuring the sessions are no more than 12 weeks. Ms. Seto replied that it is the responsibility of the County's Community Care Licensing under the State Department of Social Services. Commissioner Narum stated that she would be open to eliminating Condition No. 9 regarding children being escorted to and from the restroom. She then referred to Condition No. 16 and inquired about the use of the word "church." Ms. Decker replied that Condition No. 9 referred to the application at a previous location that had common restrooms outside the facility and would not be applicable at the new location as the restrooms are located within the facility. She added that Condition No. 16 also referred to the previous applicant and can likewise be deleted as the church is not relocating. With respect to the outdoor play area, Commissioner Narum stated that she did not visit the new site and expressed concern during the summer when the children would be on-site from 8:00 a.m. to 5:00 p.m. She indicated that she would not want to see the children limited to inside a building during that time but would like them to have some kind of outdoor recreation breaks. Commissioner Pearce stated that she did notwant to tell the applicant how to run the facility's program. She suggested that staff craft some language indicating that this would be reviewed by the Director of Community Development. Mr. Dolan agreed and advised the Commission that it is likely the only logical place for an outdoor play area would be in a fenced-off portion of the asphalted parking lot where pads might be put in. Chair Blank noted that Quarry Lane School's outdoor play area is all asphalt and concrete. Commissioner Fox suggested having something like the foam surface at Orloff Park or a rubber material that covers the parking lot at the Fountainhead Montessori in Dublin. Commissioner Pearce stated thatshe did not want to get into PLANNING COMMISSION MINUTES, December 10, 2008 Page 23 of 35