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In response to further Council questions, Director Patterson, advised that in every zoning district there are permitted uses which are allowed outright, and there are also some conditional uses in every zoning district the City has, which are called conditional uses. These are uses that are allowed within that zoning district if they meet certain conditions set by the City. Sometimes conditions are very limited because the type of use doesn't cause a problem, and sometimes they are very significant conditions in order to control the use of a property so that it does not cause problems to the neighbors or neighborhood, or the City. City records do not go back to 1950, but there is evidence (building permits) from the 1960s that the Hall was being used as such at that time. It was originally a residential home that was willed to Jehovah's Witnesses. Director Patterson advised that churches historically are losing congregations, and it is surprising to see increased use at this Kingdom Hall. Councilman Sanfilipo, candidate for Council, asked if Council could grant a variance to raise the height of the fence, and asked if a 10 to 12 feet high sound wall would be a good alternative to a 7 feet high wood fence which might not protect the neighbors from noise and lights from the parking lot. Director Patterson suggested a tall sound wall would be not be a good idea, but the Council could change the condition in the Use Permit to raise the height limit of the fence. In response to Council questions, Director Patterson advised that since the plan has not been approved by the City, the specific designs are not yet known. Director Patterson described the steps taken to protect the large oak tree in the rear yard, the proposed low level lighting that would not shine into neighbor's yards, and added that the light on the top of the back building would be removed. Councilwoman Howard asked that the Architectural Advisory Committee review these plans to see if the concerns of the neighbors can be mitigated before the Council has to make a decision. MEMO 10/10/95 In response to Councilwoman Steinfeld's questions regarding accountability, City Manager Everett advised that the City required bonds to assure successful completion of the project and protect the City, and City Attorney Schricker advised that the permittee would have to hold the City harmless. In response to Vice Mayor Hartnett's questions, Planning Director Patterson advised that if the appeal was upheld, the applicant would have to wait a year from the date of the Council's decision before another application could be submitted. A substantially different proposal could be submitted before that time. Mayor Gasparini explained the ground rules of the hearing and encouraged everyone to treat each other with respect and provide a quiet and calm environment so every speaker could be heard. MINUTE BOOK NO. 53 Regular Meeting Minutes Page No. 368 October 9, 1995 Page 7