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Mr. Weinstein replied that as far as staff knows, there is no division of parking spaces and all the spaces are shared. He noted that when staff went on a site visit, there was some indication that some of the parking spaces had been painted with the names of old tenants who are no longer there, but staff does not believe there is an agreement that covers a parking division. Commissioner O'Connor asked staff, for the record, what the ramifications are regarding noise issues or other disturbances that are not quickly or properly handled by a tenant in a building and how the City would deal with it. Mr. Weinstein explained that if a complaint came in, staff would first try and resolve it to the best of their abilities, and if they were not able to resolve it, they would bring it to the Planning Commission. He noted that this process is specified in the Conditions of Approval, which is attached to the staff report as Exhibit A. Commissioner O'Connor verified that additional conditions could be put in place to bring the applicant into compliance, and if the issue is still not resolved, the use could be revoked. Mr. Weinstein replied that was correct. Commissioner O'Connor noted that other issue brought up was liability. He asked Ms. Harryman to explain what the liabilities are on a specific owner in a shared use building or owner building and any common area if the aggrieved party is not their tenant. Ms. Harryman replied that she does not know how the property is broken up or if there is common space, but if the accident occurred on common space, it is more likely that all of the owners could be sued if, for example, someone were to trip on a parking curb She noted that it is not uncommon for the plaintiff's attorney to sue the property owner. She added that theoretically therefore, the more persons that visit a property, the more likelihood of someone getting injured and suing. Commissioner O'Connor inquired if it was fairly common in this type of building for the owner's liability insurance to cover this type of problem. Ms. Harryman replied that it would be covered by the property owner's insurance or his business or general liability insurance. Commissioner Ritter commented that this appears like a bad marriage from the beginning, starting with how it was presented to the owners by the applicant, and the owners not knowing what they are really getting. He stated that he thinks this vocational service is a great company but expressed concern that should the Commission approve the project, it would still come back to the Commission even if the applicant has complied with all the zones and codes. PLANNING COMMISSION MINUTES, February 25, 2015 Page 7 of 46