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Ms. Amos stated that she believed this was the Lemoine Ranch applications where there were over-the-counter approvals and conflicts with the homeowners association. She indicated that the application form submitted at the counter includes information on the property owner, whose signature is required. She added that there is also a box where the applicant has to check if there is an owners or business association and whether or not it has any reviewing authority or approval which need to accompany the application. She noted that it is the responsibility of the applicant to provide that information, although for the most part, staff knows which areas have owners and business associations and pursues the matter if the applicant does not check the box. Commissioner Blank asked staff whether or not this occurred in this application. Ms. Amos stated that the application was filled out completely; the applicant checked the box and provided the appropriate correspondence in terms of emails that show that she did have conversations with the association but indicated that she wanted to pursue her application anyway. Commissioner Blank commented that the box then does not do anything for the City. Ms. Harryman explained that it would be for the applicants to inform staff that they notified or had discussion with their association. Commissioner Pearce inquired, if staff believed this was a tutoring facility and the CUP runs with the land, and the application occupies the same footprint as the approved tutoring facility, if it would have to come before the Commission. Ms. Stern replied that use would have to be identical in terms of operational characteristics. Commissioner Pearce inquired if they had to be identical and not just substantially the same in terms of age, range, ratio, and hours of operation. Ms. Stern said yes. Commissioner Pearce commented that the terms are pretty narrow. Commissioner Blank commented that he was under the impression that the reason the checkbox was included on the form was to prevent applicants from bypassing their homeowners association. He stated that it seems to him that when one moves into an owners association, he or she agrees to its rules and regulations, and any changes to be made to the house would first go through the architectural review board. He noted that one homeowner in his area received a City permit to put a roof on his house, but he did not have an association approval, and he had to take the whole roof off and put the right roof back on. He added that it did not make anyone happy, but if the association does not do that, then there is no reason to have an association. EXCERPT: PLANNING COMMISSION MINUTES, JUNE 8, 2011 Page 10 of 15