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Commissioner Balch: Can I follow up on that? So, two other examples I want to just ask .... so the coding school that went in down by the Safeway area, as I recall it went through a Zoning Administrator action to change its PUD which was a Zoning Administrator and then it could go through this process, so both levels would hit staff - only approvals, correct? Weinstein: That's right. Commissioner Balch: And it would have been on our Consent Calendar. It was a Consent Calendar item. Weinstein: Right Commissioner Balch: Okay, next one. The Tri- Valley Korean School that just went in at Valley Business Park, there was a minor PUD mod at the staff level to change the hours of operation allowed on weekends because there was a prior PUD condition 43 as I recall that limited outdoor use on weekends. That went through but then it had to come to us, but it was a full blown hearing. Was that because of community outreach or would that have qualified? Weinstein: We just decided to do that particular one because it was a slightly more complex CUP than the permits that usually come through the planning division and also to give Jay some exposure to the Planning Commission. Commissioner Balch: Couldn't it have been a minor CUP? Weinstein: So if my recollection is correct, that was a private club. That was the use category and that's not part of our list of uses that are eligible for minor CUPS. Under our current proposal it would not be eligible for a minor CUP. Commissioner Balch: Let me phrase it another way. That club, if they would have come in and say they were a chamber orchestra music facility could they have been a minor CUP? Weinstein: Right, if they were just simply a music academy, but as part of the application review process we look at proposals and we ascertain what use the applicant.... Commissioner Balch: ...Let me tell you what my concern is, right, so here's what's happened with that particular one. Staff level approval of a minor PUD modification which modifies conditions set by this body to allow uses outside of a designated time block. It was a condition of the PUD right? Then you move forward 25 or so years and so we do a staff level, Zoning Administrator approval to modify that condition and then come sometime you could do a minor CUP and have a chamber orchestra in an industrial area, a light industrial area, which may be considered an incompatible use but yet all approvals are at the staff level. It is similar to the coding school. Both could have been at staff level under this process. Does that concern you? PLANNING COMMISSION MINUTES, August 31, 2016 Page 36 of 58