01 REGULAR MINUTES - Laserfiche WebLink

Councilmember McGovern said also of concern is the CUP was given for one student and one instructor and it became five without the City's knowledge. She questioned whether or not the City is telling small businesses that when they receive a CUP, if any changes are made, they must return to the City for an amendment to the CUP. She questioned if this was stated in any of the paperwork. Mr. Dolan said the original conditions of approval are explicit that if the operations change from what was submitted in the narrative, an amendment to the permit would be required. Councilmember McGovern asked to provide this to the City Council in order for the Council to see the language. This has occurred several times and she felt this was also not clear to the businesses as to their responsibilities. Mr. Dolan agreed to provide a copy of the standard language to the Council. Councilmember McGovern said she also has a problem with using the words "trade school" in PUD's. If schools of this sort can operate, whether it is a private, dance, or music school, the terminology needs to be changed. Mr. Dolan agrees it is imperfect and is an interpretation made at some point and made a number of times which has evolved into practice. When an update to allowed uses is done for the code, staff will not modify for all PUDs ever approved, but he agreed the base language needed to be improved. Councilmember McGovern noted this is especially important when people purchase property and think certain uses are not allowed. Also of concern, Councilmember McGovern said these types of use permits are not even mentioned in zoning for industrial and she questioned if this will be changed or left as is. Mr. Dolan said the rules for this business park are set up on a case -by -case basis for this particular PUD approval. Councilmember McGovern voiced concern with the on- street parking, said she did not understand why the music studio could not have enough parking on -site, and questioned why some of the 35 spaces could not be allocated. Mr. Dolan said the spaces are not allocated by the City amongst the suites; staff's on -going observation is that there is adequate parking space, surveys taken indicate people have used on- street parking which is available and close to the front door of the business and it makes sense for people to use it. However, there are 35 spaces available and staff has not yet observed a problem. She thought that it would be beneficial that when suites are sold, parking spaces be dedicated to those suites. Councilmember Sullivan referred to the trade school designation and questioned how a music studio could be designated as such. He questioned how Quarry Lane School got approved, as well as dance, jazz, cheerleading schools, and others. Mr. Dolan said there are other categories in the PUD which some would be eligible. Exhibit 8 lists them, but he did not have a history of those approvals and has been told that the trade school interpretation has been made in the past. Councilmember Sullivan said staff is recommending a condition to have teachers park on the street; however, the CC &R's do not allow on- street parking and he questioned if the City could allow something that violates the CC &R's. Mr. Dolan said staff was not aware of this conflict and Mr. Fialho said the Council could reflect this in its motion; staff could confirm whether or not this is a conflict. If they do not allow on- street parking, the City would condition that the parking spaces on site be utilized. Mayor Hosterman said if there is adequate parking and it is in front of the studio, she questioned why staff would recommend teachers park on the street if there is ample parking. Mr. Dolan said staff's conclusion is that there is a stronger argument that there is ample parking if you count street parking. He has visited the site several times at various times during the day and there has always been enough parking and several empty spots. City Council Minutes Page 14 of 20 April 21, 2009