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5. Council action; City Attorney Schricker asked Zoning Administrator Patterson if the permit were issued to an existing building would the bathrooms have to meet ADA requirements, or was that the case only in new buildings? Director Patterson responded that the proposed coffee facility is a new building and must comply. Council discussion ensued regarding the policy of having employees use bathroom facilities at a neighboring business, as well as having restrooms that are not accessible to the handicapped. Council also discussed whether or not every building should have to have restrooms, or accessible restrooms. Director Patterson stated he did not know if on-site restrooms were required. Councilman Greenalch stated that he would uphold the appeal, and Councilwoman La Berge stated she would too, adding if new buildings come into the City she would like them all to have ADA designed restroom facilities, as well as being nicely designed (including signage.) 0 Discussion followed regarding the size of the proposed structure, and its orientation to the service station. It was pointed out that the Shell Station's restrooms, tentatively to be used by the employees of the proposed coffee kiosk do not meet ADA requirements. Therefore, Director Patterson stated, the owner of the new coffee kiosk must make sure that all codes are followed. City Attorney Schricker expressed concern that the codes might be interpreted in such a way that it is not necessary to require the coffee kiosk to have restrooms complying with ADA, as such restrooms will be located in an existing facility. Council discussed the policy of requiring businesses to have on-site restrooms. City Manager Everett stated that he believed two issues were involved: 1) Should facilities be on or off site? (the City could require on site facilities via the Use Permit) If facilities are off site the kiosk builder would have to pay for any improvements. 2) Does the Council want facilities to be on or off-site? MIS: GREENALCHILA BERGE TO UPHOLD THE APPEAL OF THE APPROVAL OF A USE PERMIT AT 528 WOODSIDE ROAD. MOTION FAILED ON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS GREENALCH AND LA BERGE NOES: COUNCILMEMBERS GASPARINI, SANFILIPO, STEINFELD AND MAYOR BUCHAN MINUTE ORDER NO. 94-175 MINUTE BOOK NO. 52 Regular Meeting Minutes Page No. 328 July 18, 1994 Page 7