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Councilmember McGovern asked staff to describe and show her the condition that clearly states students are to wait in the waiting room, which is supposed to be contained in condition 12. She said it talks about signing in and out but it does not indicate they must wait. Ms. Seto noted Item 10 on page 2 of 3 of the conditions; "Under no circumstances shall patrons or instructors loiter on neighboring properties. Patrons and instructors shall utilize the waiting area inside the facility or the area directly in front of the studio suite." She said the condition could be modified to strike the last phrase of the sentence. Councilmember McGovern supported the requirement for parents, students and teachers be made to wait inside the facility. Vice Mayor Cook- Kallio acknowledged the safety concern, but it is probably not common for groups of children to run in the parking lot, but said it most likely happened at one point. This sort of service when dealing with a 30- minute window does not lend itself to leaving children unattended. In most cases, classes will also occur after business hours of surrounding businesses. She thinks the owner has tried to address the issue by having parents sign the forms acknowledging rules and regulations, understands the struggles between the different uses and feels the owner has gone out of her way to ensure people understand there is an issue. If there has to be parking on the street, the only time parking might be impacted is the period between 3 -5:00 PM when people are getting off work and leaving the area, but there are only 3 teachers who would be teaching and she did not believe there was a parking issue, particularly after 4:30 p.m. She also agrees the language in the ordinance needs to be cleaned up, thinks it is a valuable use, thinks it is not as simple as saying one should rent somewhere else. The issue regarding children taking classes in the summer prior to 3PM is somewhat addressed by the 3 teachers who could teach, and she noted currently 2 of the teachers take public transit, but this could change. She voiced her support for the request, thinks many of the instances cited were unique and when a complaint has been made, there have been attempts to address them. Councilmember Thorne acknowledged the start and stop times, but this should not have any impact on the studio's business model, agrees the City needs to clean up the terminology of trade schools, given past practices, there are businesses operating that are not trade schools, thinks Condition 10 should be modified to require people to wait in a waiting room and look at the CC &R's to clarify whether or not on- street parking is allowed, and he made this in the form of a motion. MOTION: It was m/s by Thorne /Hosterman to deny the appeal and support the Planning Commission's recommendations to the City Council with amendment to Condition 10; patrons of the studio are required to wait in the waiting room; and for staff to clarify whether the CC &R's restrict the use of on- street parking. Mayor Hosterman said she did not want to limit instruction and supported the Planning Commission's decision, and she would prefer to allow as many instructors as the applicant needs up to 5 for flexible hours. Councilmember Thorne agrees the business should be able to reach its maximum potential, and he accepted the friendly amendment. Mayor Hosterman believes the applicant has addressed safety in the parking lot for students and families through requiring sign -in, parent education, and addressing the concerns of park owners. Councilmember Sullivan said he thinks the music studio is a great cultural enrichment opportunities for children, but disagreed with having them only in Pleasanton. He said he thinks Mr. Studzinski's business is also needed in Pleasanton as it provides a tax base for the City, good jobs, jobs that people can make a living at, and he thinks the City has a narrow definition of economic development, which is primarily housing development and getting more cars into town and this discussion should be broadened to address sustainable jobs for the economy. He is concerned that City Council Minutes Page 15 of 20 April 21. 2009