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Home My WebLink About01-17-2012 Agn C Steele PH3EETIN AGEND A DATE 1/7//--ITEM # From :iashbauq slocity .orq To :SteeleCL1aaol .co m CC :klichtigaslocity .org,djohnsonslocity .org,cdietrickaslocitv .org,ddavidsonslocity .orq , ecano a,slocity .orq Sent : 1/17/2012 12 :15 :37 P .M . Pacific Standard Tim e Subj : RE : 1247 Vista del Lago Home Occupatio n Thanks for your correspondence . I applaud your effort to negotiate a compromise on this issue ; I wil l assume that those efforts have not succeeded to date . I'm not sure whether our staff received your Powerpoint ; I only see Council members on the "To :" listing . If not, please forward it to them . One tentative response on my part : The last slide indicates a desire that the City of San Luis Obisp o modify our own Home Occupations standards to require approval by the Board of Directors of a Homeowners Association where the residence is governed by such an association . It's not a bad idea , but it could have problems in practice — essentially tying the City's authority and standards to that of a private association . In some cases, there may be highly dysfunctional or essentially non-existent HOA s due to the changing demographics or character of a common-interest development ; in those instances, it might be impossible for a legitimate home-based business to secure approval of such an HOA . Ou r City Attorney would probably have some concerns about that part of your proposal . Again, please at your earliest convenience forward your email below,with its attachment,to th e individuals on our staff in my "cc" line . Thanks ! From :SteeleCL1@aol .com fmailto :SteeleCL1@aol .com l Sent :Tuesday, January 17, 2012 10 :23 A M To :Marx, Jan ; Carpenter, Dan ; Carter, Andrew; Smith, Kathy ; Ashbaugh, Joh n Subject :1247 Vista del Lago Home Occupatio n Hi , I meant to send this in for today's agenda but time got away from me . I am sending it in now because I believe the information is pertinent to the appeal . I have tried to broker a compromise to this situation . The briefing has been sent to the Laguna Shore s Owner's Association and the home occupant at 1247 Vista del Lago (she is not the owner). I had planned to present this at tonight's meeting hoping to put this extremely contentious to rest . I will be at tonight's meeting . Sincerely,hard copy :email: Cynthia Steele 1282 Vista del Lago COUNCIL •CITY MOR •ASST CM •ATTORNEY •CLERK/ORIO •PIB •TRIBUN E •NEW TIMES •SLO CITY NEWS d CDD DIR0FIT DIR o FIRE CHIEF a PW DIR a POLICE CHIEF o PARKS &REC DIR o UTIL DIR o HR DIR a COUNCI L a CITY MOR a CLERK 1247 Vista del Lag o Home Occupatio n Cynthia Steel e 1282 Vista del Lago Table of Content s Slides 3 -12 Laguna Shores Discussio n Slides 13 -19 City of San Luis Obispo Discussio n Slides 20 -22 Summary Recommendations ow!n g covenants, Conditions, and Restr ion : Covenants, Conditions, an d Restriction s Article VIII, Section 8 .1 . states : RESIDENTIAL USE :None of the Residential Parcel s shall be used except for residential purposes . Opinio n San Luis Obispo Municipal Code defines Hom e Occupation as non-residentia l Home Occupation Permits exist in Laguna Shore s Update the CC&Rs to reflect current environment Covenants, Conditions, an d Restriction s Article VIII,Section 8 .7 . states : —Lawful Use :No noxious, offensive, or unlawf u activity shall be carried on, in or upon an y Residential Parcel or any part of the Project, no r shall anything be done thereon which may be, o r may become, an annoyance or nuisance to th e neighborhood, or which shall in any way interfer e with the quiet enjoyment of each of the Owner s of his respective Residential Parcel, or shall in an y way increase the rate of insurance on the Projec t or any part thereof . Covenants, Conditions , Restriction s Opinion : Article VIII, Section 8 .7 . Residents have complained about the noise fro m the baby grand piano at 1247 Vista del Lag o Board should enforce the CC&R s nterfere with the quiet enjoyment of each of th e Owners of his respective Residential Parce Covenants, Conditions,a Restriction s Article VIII, Section 8 .10 . states : Parking :There shall be no parking in the privat e courts or driveways of the Project, except in th e areas designated therefore . The City of San Lui s Obispo, is hereby granted the right to tow awa y vehicles improperly parked in the Project, on a complaint basis and pursuant to the provisions o the Municipal Code . Covenants, Conditions, an d Restriction s Opinion : Article VIII, Section 8 .10 . —Home Occupation Permit requirement i s "businesses with customer access must have on e on-site parking space in addition to residenti a parking " —1247 Vista del Lago met this requirement by usin g Common Area residential parkin g —Common Area parking is for residential use, no t for customer acces s —Board should enforce the CC&Rs Rules for Laguna Shore s Section ii General : 1.No premises shall be used for anything othe r than residential purposes . 2.No commercial enterprise shall be conducte d on any premise without prior approval of th e Board of Directors and appropriate agency of th e City of San Luis Obispo . Rules for Laguna Shore s Opinion : Section II Genera l First issue : San Luis Obispo Municipal Code defines Hom e Occupation as non-residentia l Home Occupation Permits exist in Laguna Shore s Update the Rules to reflect current environmen t Second issue : 1247 Vista del Lago did not apply for or receiv e approval of the Board of Director s Board should enforce the CC&Rs Rules for Laguna Shore s Section VI Unnecessary Noise states : —Boisterous activity or unnecessary noise due t o the use of musical instruments, radios, stereos, o r TVs, etc . is not permitted . Rules for Laguna Shore s Section VI Unnecessary Nois e Boisterous activity or unnecessary noise"i subjectiv e Residents have complained about the noise fro m the baby grand piano at 1247 Vista del Lag o Board should enforce the CC&Rs anent paragraphs from the follov p n San Luis Obispo General Pla n San Lids Obispo Cod e CITY OF SAN LUIS OBISPO San Luis Obispo General Pla n Chapter 1 Land Use ; Section 2 .2 Residenti a Location, Uses, and Design ; Subsection 2 .2 .1 3 Non-Residential Activities states : —Residential areas may accommodate limited non - residential activities which generally have bee n compatible, such as child day care, elementar y schools, churches, and home businesses meetin g established criteria . San Luis Obispo General Pla n Opinion : Chapter 1 Land Use ; Section 2 .2 Residential Location, Uses, and Design ; Subsection 2 .2 .13 Non-Residential Activitie s Home Occupation Permit for 1247 Vista del Lag o meets the intent of the General Plan San Luis Obispo Municipal Co d 17 .08 .090 Home Occupations ; Sectio n Paragraph 9 states : —Parking for vehicles used in connection with th e home occupation shall be provided in addition t o parking required for the residence . San Luis Obispo Municipal Cod e Opinion : 17 .08 .090 Home Occupations ; Section C .Paragraph 9 This paragraph was met by directing customers t o park in the Laguna Shores Common Are a —Home Occupation Permit must be modified t o direct customers to park on the street 17 San Luis Obispo Municipal Co d 17 .08 .090 Home Occupations ; Sectio n Paragraph 11 states : No use shall create or cause noise, dust, vibration , smell, smoke, glare, or electrical interference, o r other hazard or nuisance . 18 San Luis Obispo Municipal Cod e Opinion : Residents have complained about the noise fro m the baby grand piano at 1247 Vista del Lag o Home Occupation Permit must be modified to ba n playing the baby grand piano between the hour s of7amand7p m Violating this ban would cause the Hom e Occupation Permit to be revoked Summary Recommendation s Denia l .of the Home Occupation Permit wil l not resolve the noise issu e Approval of the Home Occupation Permit wit h the following modifications will mitigate som e of the noise issu e Customer access parking will be on Vista del Lag o Ban playing the baby grand piano between th e hours of 7 am and 7 p m Violating this ban would cause the Home Occupatio n Permit to be revoked Summary Recommendation s Parking issues, traffic, and clients waiting in cars fo r children already exist in Laguna Shores due to middl e schoo l Issues have been brought to the attention of the Plannin g Commission and the City Council Summary Recommendation s San Luis Obispo Municipal Code ; 17 .08 .09 0 Home Occupation s Suggested addition to Section C : If the home occupation is to be conducted fro m property that is governed by a Home Owner s Association, the Home Owners Associatio n authorization for the proposed use shall be obtaine