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Option Three: The City Council may conclude that the action by the Planning Commission and its approval of the expanded studio use with conditions is not appropriate. The City Council would find that the expanded operations of the music studio -hours-of- operation, number of instructors, etc. - is incompatible with the surrounding uses and that the conditions of the Planning Commission approval would not assure the studio's compatibility with surrounding businesses. The City Council would uphold the appeal thereby overturning the Planning Commission's original approval shown on Attachment 5. Ms. Radayeva would be restricted to her previous approval of piano instruction only, one instructor, and operating hours from 10:00 a.m. to 9:00 p.m. Ms. Radayeva would then have to eliminate the additional instructors, reduce the number of students, and dispose of the no longer needed equipment. Option Four: The City Council may conclude that both the 2006 and the subsequent 2009 approvals by the Planning Commission are not appropriate because the music studio is not an appropriate use for this location, and direct staff to initiate the process to have the Commission consider whether to rescind its first approval. The City Council would approve the appeal thereby denying the Planning Commission's 2009 approval. The City Council would then direct staff to initiate the Planning Commission review to consider whether to rescind the original Conditional Use Permit thereby requiring Ms. Radayeva to cease operations and vacate the site. PUBLIC NOTICE AND COMMENTS Notice of the City Council's public hearing on this item was sent to all property owners and tenants within the Valley Business Park and living within a 1,000-foot radius of the subject property. No comments or correspondence have been received as of the publication of the staff report. All subsequent communications will be forwarded to the City Council under separate cover. ENVIRONMENTAL ASSESSMENT Pursuant to the California Environmental Quality Act (CEQA) Sections 15061(b) (3) and 15301 (Class 1), this activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Staff finds that there is no possibility that the activity in question will have a significant effect on the environment. Therefore, this activity is not subject to CEQA, and no environmental document accompanies this staff report. CONCLUSION Staff believes that the staff-recommended modification to allow three instructors until 4:30 p.m. and then five instructors from 4:30 p.m. to 9:30 p.m. on weekdays and five instructors until 9:30 p.m. on weekends, combined with the remainder of the Planning Commission conditions of approval reasonably mitigates the concerns expressed by Mr. Studzinski regarding parking, child safety, and the conduct of music studio patrons. Page 7 of 8