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the rules established through the CC&R's are arbitrary and subjective and can be interpreted a number of different ways. He encouraged the Commission to approve this request. Commissioner Blank asked Mr. Hodnefield which buildings he owns. Mr. Hodnefield replied that he owns five buildings in the Park, one of which he owns with his children, which is the subject building; the building two doors down which is occupied by two service-oriented tenants; and the two buildings on the very end. In response to an earlier question regarding why the applicant came to the Commission, Mr. Bowers stated that they originally tried to work with the Association, and all the objections given involved child safety issues with roll up doors and truck doors. He indicated that he tried to explain how their building is different, but it did not go anywhere, and they that there was no other place to go to get the issue resolved so they decided to take it to the Commission. He noted that they understand the concerns about safety, but their office building is entirely different because it does not have roll-up doors or truck doors, and no heavy equipment travel in that area. He added that the Board can discuss modifying the CC&Rs to remove child-based businesses, but it is a light industrial park and has office buildings, and he would like to put office uses there, which is the type of uses that fits in. He noted that removing this type of use would take away potential tenants that they can have in their building. He reiterated that they can understand the safety concerns for multi-tenant industrial buildings, but they believe these uses are a good fit for an office building. Commissioner Blank clarified with Mr. Bowers that he came to the Commission because they were not making any progress with the Association regarding their application. Mr. Bowers said yes. He noted that they felt they could not have a reasonable discussion with the Association, and they just wanted to proceed with the process and keep it moving. He added that however this works out, they would then get back with the Association. Commissioner Blank asked Mr. Bowers how the City's approval would help with this. Mr. Bowers replied that if they get approval from the City, they will open the business. THE PUBLIC HEARING WAS CLOSED. Commissioner Blank recalled that a few years ago, as a result of a series of over-the- counter approvals where a homeowners association was not consulted, staff was going to add a checkbox on its application form asking if there was a homeowners association, and if there was one, the applicants would be asked if they have the approval of the association. EXCERPT: PLANNING COMMISSION MINUTES, JUNE 8, 2011 Page 9 of 15