PURPOSE

The purpose of this report is to provide the City Council with information concerning the proposed �Commercial Music Lesson Home Occupation Ordinance� which includes the status of Council�s most recent deliberations on this proposed ordinance.

BACKGROUND

In the past this matter has been reviewed by Council on three (3) different occasions, and the Planning Board once.  The most recent Council deliberation on this matter was conducted at a public hearing on April 11, 2006.  A copy of the staff report for this hearing is attached as Exhibit A.

At the April 11, 2006 public hearing there was not a full Council present and Council did not reach a majority decision.  Three (3) different Council motions to approve the proposed ordinance resulted in split (2-2) voting on each motion.  As a result of these split votes, further deliberations into this matter were postponed until a full five (5) member Council could be convened.

ANALYSIS

At the April 11, 2006 public hearing into this matter, the primary concern which caused split voting on the three (3) different motions was the difference of opinion as to which day of the week, Saturday or Sunday, was most appropriate to exclude from teaching commercial music lessons in a residence.  Staff was silent on this issue and did not have a recommendation, or a preference, as to which day of the week was to be excluded.  At the original hearing on this matter, which was conducted on February 14, 2006, the recommendation to exclude Sundays was recommended by a Council Member.  At that time there was no Council debate as to the preference between Sunday or Saturday, consequently staff wrote this recommendation into the ordinance Council reviewed on April 11, 2006.

RECOMMENDATION

Staff recommends Council continue deliberations and approve AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING CHAPTER 31 OF THE BURBANK MUNICIPAL CODE RELATING TO HOME OCCUPATIONS AND MUSIC LESSONS.  In addition, staff further recommends Council approve A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING ARTICLE 111 OF RESOLUTION NO. 23-6,994, THE BURBANK FEE RESOLUTION RELATING TO LAND USE AND ZONING.

EXHIBITS    

Exhibit A      Staff report for the public hearing on April 11, 2006

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