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ROLL CALL VOTE: AYES: Commissioners Allen, Balch, O'Connor, Piper, and Ritter NOES: None ABSTAIN: None RECUSED: None ABSENT: None Resolution No. PC- 2014 -27 recommending approval of Case P14 -0704 was entered and adopted as motioned. 6. PUBLIC HEARINGS AND OTHER MATTERS a. P14 -0753. Swarmil Anand Application for a Conditional Use Permit to operate a tutorial school for up to 40 students of all ages in an existing tenant space located at 4460 Black Avenue, Suite A. Zoning for the property is O (Office) District. Commissioner Balch recused himself over a due process conflict. Commissioner Ritter requested staff to explain what is meant by "due process conflict." Ms. Harryman explained that it is not a legal conflict but a perceived conflict where a Commissioner feels he or she cannot be impartial due to relationships, friendships, or social ties with the applicant. Commissioner Ritter inquired what the other reason is which would require Commissioners to recuse themselves from one of the items. Ms. Harryman required that it would be an actual conflict of interest based on a financial conflict with particular projects or applicants. Jennifer Wallis presented the staff report and described the scope, layout, and key elements of the application. She then indicated that the applicant and the City Traffic Engineer are present to answer questions. Commissioner Piper noted that the staff report stated that notices were sent to residents within 1,000 feet and inquired how many resident that would include. Ms. Wallis referred to the notification map on the back page of the staff report that shows the house numbers. She indicated that she did not have exact number of residents noticed and would have to hand count them. Commissioner Allen inquired if Mike Tassano, City Traffic Engineer, could talk about the traffic report, specifically what the current level of service is on Black Avenue as a collector street and how that equates to what should be happening for collector streets, and, incrementally, what the additional 20 students being proposed for approval would mean. PLANNING COMMISSION MINUTES, June 11, 2014 Page 3 of 12