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life/safety issues. The City has continued to issue building permits and signage permits. In addition, a temporary certificate of occupancy had been issued to Subway sandwiches. She described the status of these items, as detailed on page two of the staff memorandum. She noted that the metal louvers were the most significant item and that the applicants had been making efforts toward completion of the items. She advised that the applicants had requested that they be able to speak directly to the Commission. In response to an inquiry by Commissioner Blank regazding the temporary Certificate of Occupancy granted to Subway and whether Subway intended to open and conduct business, Ms. Decker replied that the temporary Certificate of Occupancy was issued specifically so that Subway could open for business and conduct business. Several permits had been issued for tenant improvements for two additional businesses: Taco Del Maz and a bagel shop. In response to an inquiry by Commissioner Blank regazding whether renewals or extensions of temporary Certificates of Occupancy were generally noticed, Mr. Roush replied that they were not, but it could be done if Commissioners or members of the public expressed an interest. In response to an inquiry by Chairperson Arkin regarding the opening of any new businesses in relation to incomplete work, Mr. Roush replied that when Taco Del Maz completed its work and felt it was ready to open, staff assumed that it would request a Building and Safety Division official to issue a temporary certificate of occupancy. The Division official would examine the relative merits, especially the life/safety issues; if the official determined that those were not problematic, the temporazy Certificate of Occupancy would likely be issued. Commissioner Blank believed that was contradictory to the staff statement that no Certificates of Occupancy would be issued without the work being completed. He inquired whether the occupancy would take place during the appeal period if the permit were allowed and the appeal was filed. Mr. Roush replied that he did not have that answer. He added that United Growth was told that, from the planning standpoint, the City did not wish to issue any more temporary Certificates of Occupancy until the work was completed. Chairperson Arkin noted that staff indicated that the permits would be given to the applicant if they were requested. Commissioner Maas noted that one was a safety issue, and the other was a planning issue. Mr. Roush noted that there would be consultation between the Chief Building Official, the Planning Director, and the City Manager as a collective decision. He could not predict what the outcome would be. THE PUBLIC HEARING WAS OPENED. John Walsey, United Growth, noted that he was highly embarrassed by this situation and stated that he had no excuse for the current state of affairs. He noted that he took complete ~ responsibility for those items not having been completed and added that this had been an PLANNING COMMISSION MINUTES Mazch 8, 2006 Page 19 of 22