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HomeMy WebLinkAbout06/06/1995, 1 - APPEAL OF PLANNING COMMISSION'S ACTION TO APPROVE USE PERMIT A 35-95, A REQUEST TO ALLOW REPLACEMENT OF ONE NONCONFORMING USE WITH ANOTHER NONCONFORMING USE (PSYCHIC ADVISER'S OFFICE), IN AN EXISTING BUILDING LOCATED AT 1556 MONTEREY STREE city of San LMS OBI SPO MEAT ATE: COUNCIL AGENDA REPORT ITEM NUMBER: / 0 FROM: Arnold B. Jonas, Community Development Director; By: Pam Ricci, ssociate Planner PF, SUBJECT: Appeal of Planning Commission's action to approve Use Permit A 35-95, a request to allow replacement of one nonconforming use with another nonconforming use (psychic adviser's office), in an existing building located at 1556 Monterey Street, near Grove Street. CAO RECOMMENDATION: Adopt Draft Resolution A, denying the appeal, and upholding the Planning Commission's action to approve Use Permit A 35-95 to allow replacement of one nonconforming use with another nonconforming use (psychic adviser's office). DISCUSSION Situation Sherry Merino wants to use about 500 square feet of space in a building as an office for psychic and tarot card readings. City staff has interpreted that the proposed use is a type of office. Office uses are not an allowed use in the Tourist Commercial (C-T) zone. However, Section 17.10.020 B.2. of the zoning regulations states that a nonconforming use may be replaced with another, provided that an administrative use permit is approved by the Director. The last use at the site, an antique shop and decorator design center, was another nonconforming use. Therefore, staff made the determination that the office use for psychic readings could be established through the use permit process (replacement of one nonconforming use with another). Hearing Officer's Action On April 7, 1995, the Hearing Officer conditionally approved the office for psychic readings at the site as replacement of one nonconforming use with another, based on findings (see follow-up letter dated 4-11-95 in attachments to the attached Planning Commission report). On April 7, 1995, an appeal was filed by Jennifer Lawson, a resident of the adjacent house located at 1598 Monterey Street. Planning Commission's Action On April 26, 1995, the Planning Commission considered the appeal of the use permit. An initial motion, to deny the appeal and uphold the Hearing Officer's action (no limits on hours of operation), failed on a 3-4 vote. The Planning Commission then voted 6-1 (Cross voting no) to deny the appeal and uphold the Hearing Officer's action, subject to the addition of a condition that would require the use to cease by 9 p.m. daily. /r/ Use Permit A 35-95 Page 2 Basis of Ap=al On May 8, 1995, Maria B. Cacapit, resident of the house at 1598 Monterey Street, filed an appeal of the Planning Commission's action. Ms. Cacapit indicates that her concerns are with the increased hours of operation that the Planning Commission granted the use and the nature of the use. Hours of Operation Because of the small scale of the operation, one person meeting with customers on an appointment basis, generally between 11:00 a.m. and 6:00 p.m., Monday- Friday, staff did not recommend a condition limiting hours of operation. While not a specific concern of the neighbors who spoke at the hearing, the Planning Commission felt that some limitations on hours of operation were important. Condition No. 3 was added by the Planning Commission requiring that the use cease by 9:00 p.m. daily. Conclusion The added condition limiting hours of operation was imposed by the Planning Commission as a further protection to the neighbors. The Commission's condition was intended to limit hours where normally, no hourly restrictions would apply. In staff's opinion, there does not need to be any adjustment to the approved condition because of the concerns raised in the appeal. It is not the intention of the applicant to be open until 9:00 p.m. regularly or to somehow expand her operation because of the condition. The condition was imposed as a safeguard to the neighbors and was not initiated in response to a request by the applicant for longer hours of operation. ALTERNATIVES 1. Adopt the draft resolution labeled Draft Resolution B, upholding the appeal and denying the use permit, based on findings. 2. Continue with direction to the staff and appellant. Attached: Draft Resolutions A & B Appeal to City Council received 5-8-95 Planning Commission Resolution No. 5147-95 Draft 4-26-95 Planning Commission minutes 4-26-95 Planning Commission report and attachments Draft Resolution A RESOLUTION NO. (1995 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION, THEREBY APPROVING USE PERMIT A 35-95 TO ALLOW REPLACEMENT OF ONE NONCONFORMING USE WITH ANOTHER NONCONFORMING USE (PSYCHIC ADVISER'S OFFICE) AT 1556 MONTEREY STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of public testimony, the appellant's request and statements, and the Planning Commission's recommendations, staff recommendations, public testimony, and reports thereof, denies the appeal, based on the following findings: 1. The proposed use will not adversely affect the health, safety or welfare of persons living or working at the site or in the vicinity. 2. The.use is appropriate at the proposed location and will be compatible with surrounding land uses since it is a small-scale business with limited hours of operation. 3. The proposed use conforms with the general plan and meets zoning ordinance requirements. 4. The proposed use is exempt from environmental review. 5. The proposed use will have similar or less severe impacts on its surroundings, in terms of noise, traffic, parking demand, hours of operation and visual incompatibility, than the previous use of an antique shop and decorator design center. SECTION 2. Action. Use Permit A 35-95, to allow replacement of one nonconforming use with another nonconforming use (psychic adviser's office), is hereby approved, subject to the following conditions. 1. Signage shall be limited to one wall sign, not exceeding 8 square feet in area, and one freestanding sign, not to exceed 24 square feet in area or 6 feet in height. The design of the proposed signs shall be to the approval of the Community.Development Director. i-3 City Council Resolution No. (1995 Series) Page 2 2. The site shall be maintained in a neat and orderly manner. All plant materials shall be maintained and replaced as needed. 3. The use shall cease by 9:00 p.m. daily. On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this _ day of 1995. Mayor ATTEST: City Clerk APPROVED: *tto oe4l� L:1RBW5-95NAPL Draft Resolution B RESOLUTION NO. (1995 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S ACTION, THEREBY DENYING USE PERMIT A 35-95 TO ALLOW REPLACEMENT OF ONE NONCONFORMING USE WITH ANOTHER NONCONFORMING USE (PSYCHIC ADVISER'S OFFICE) AT 1556 MONTEREY STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of public testimony, the appellant's request and statements, and the Planning Commission's recommendations, staff recommendations, public testimony, and reports thereof, upholds the appeal, based on the following finding: 1. The proposed use will have more severe impacts on its surroundings, in terms of noise, traffic, parldng demand, hours of operation and visual incompatibility, than the previous use of an antique shop and decorator design center. SECTION 2. Action. Use Permit A 35-95, to allow replacement of one nonconforming use with another nonconforming use (psychic adviser's office), is hereby denied. On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: City Council Resolution No. (1995 Series) Page 2 the foregoing resolution was passed and adopted this _ day of , 1995. Mayor ATTEST: City Clerk APPROVED: i tt e LARFSNA35-95Y.APL /-6 'til) city 'OfS1 WIS OBISPO ' 990 Palm StreeUPost.Offlce Box 8100 • San Luis Obispo,CA 93403.8100 APPEAL TO CITY COUNCIL In accordance with the appeals procedure as authorized by Titre I, Chapter 120 of the San Luis Obispo Municipal Code,the undersigned hereby appeals from t hedecislonof rendered on ��, ��i5, which decision consisted of the following (Le. set forth factual situation and the grounds for submitting this appeal. Use additional sheets as needed): `thA �ntYtiss �,b�� � `la,l� her �p.r�lrtiq� w Atter-- -}- * wZ PSw�•��- SSUE : ?MATr 9e- Tb eC.64tdM66 OW15 VbWtD%'MAf1ZC.lkl. L)% PM Pd4TKaL (.X%16 1556 goVga y S, �tnt�s The ed discussed the.declslon being appealed with: r DATE&TIME APPEAL RECEIVED: Appellant: N1 M-\P% '3. C.o►.caP•T NaMG/T . RECEIVE Representative MAY CITY CLERK teas SAN LUIS OBISPO.CA . Phone Original to City Clerk City Attorney Caiendared for. Copy to Administrative Officer Copy to the•following department(s): SAN LUIS OBISPO PLANNING COMMISSION RESOLUTION NO. 5147-95 WHEREAS, the Planning Commission of the City of San Luis Obispo did conduct a public hearing in the City Council Chamber of the San Luis Obispo City Hall, San Luis Obispo, California,on April 26, 1995, pursuant to a proceeding instituted under application No. A35-95, Sherry Merino, applicant ADMINISTRATIVE USE PERMIT REVIEWED: Appeal of the Hearing Officer's decision approving a use permit to allow replacement of a non-conforming use with another non-conforming use (to allow psychic readings). PROPERTY DESCRIPTION: On file in the office of Community Development, City Hall. GENERAL LOCATION: 1556 Monterey Street GENERAL PLAN LAND USE ELEMENT: Tourist-Commercial PRESENT ZONING: C-T. WHEREAS, said comm=on as a result of its inspections, investigations, and studies made by itsel& and in behalf of a testimonies offered at said hearing, has established existence of the following circumstances: 1. The proposed use will not adversely affect the health, safety or welfare of persons living or working at the site or in the vicinity. 2. The use is appropriate at the proposed location and will be compatible with surrounding ' l'a Resolution No. 5147r95 A 35-95 Page 2 land uses since it is a small-scale business with limited hours of operation. 3. The proposed use conforms with the general plan and meets zoning ordinance requirements. 4. The proposed use is exempt from environmental review. 5. The proposed use will have similar or less severe impacts on its surroundings, in terms of noise, traffic, parking demand, hours of operation and visual incompatibility, than the previous use of an antique shop and decorator design center. NOW, THEREFORE, BE IT RESOLVED that application No. A 35-95 be approved subject to the following conditions: 1. Signage shall be limited to one wall sign, not exceeding 8 square feet in area, and one freestanding sign, not to exceed 24 square feet in area or 6 feet in height. The design of the proposed signs shall be to the approval of the Community Development Director. 2. The site shall be maintained in a neat and orderly manner. All plant materials shall be maintained and replaced as needed. 3. The use shall cease by 9:00 p.m. daily. The foregoing resolution to uphold the Hearing Officer's Action was approved by the Planning Commission of the City of San Luis Obispo upon the motion of Commr. Senn, seconded by Commr. Hoffman, and upon the following roll call vote: AYES: Senn, Hofffman, Karleskint, Kourakis, Ready, Whittlesey NOES: Cross ABSENT: None Arnold B. Jonas, Secretary Planning Commission DATED: April 26, 1995 tsiaa95 /- 9 draft Minutes Planning Commission April 26, 1995 Page 6 4 c Item 2. 1556 Monterey Street: Appl. A 35-95; Appeal of the Hearing Officer's decision approving a use permit to allow replacement of a non-conforming use with another non-conforming use (to allow psychic readings); C-T zone; Jennifer Lawson, appellant. Pam Ricci presented the staff report indicating thatthe applicant, Sherry Merino, applied for an administrative use permit to use the space in an existing building as an office to do psychic readings. She stated the site was zoned C-T, Tourist-Commercial and explained that offices were not an allowable use in a C-T zone. She mentioned that the last use on the site was another non-conforming use, the retail sales of antiques and a design center. She explained that the zoning regulations allowed for one non-conforming use to be replaced by another provided an administrative use permit was approved with the specific finding "that the proposed use will have similar or less severe impacts on the surroundings in terms of noise, traffic, parking demand, hours of operation and visual incompatibility than the previous use". The staff felt that the required finding could be made given the small scale of the proposed operation and recommended approval of the use permit Ms. Ricci said that on April 7, 1995 the Hearing Officer approved the use permit based on findings and with conditions. An appeal was filed by Jennifer Lawson, a resident of draft Minutes Planning Commission April 26, 1995 Page 7 . ' the adjoining property at 1598 Monterey St. Ms. Ricci noted that concerns were raised in the appeal regarding the type of clientele that the particular use might attract. She said that new letters had been received from the appellants and the landlord of the appellants' property, and that these letters generally reiterated the previous concerns stated in the letters which were attached to the staff report. The new letters were distributed to the Planning Commissioners. Pam Ricci indicated that staff was recommending that the appeal be denied, and that the Hearing Officer's action to approve the use permit be upheld. Commr. Senn asked if there were any negative comments from any outside sources about the applicant. Pam Ricci responded that the letters received protesting the use had been from the adjoining neighbors. Ms. Ricci explained that she worked as a staff person in the mid- 1980's when the Merino's originally applied for a business license to operate in a residence turned into an office on Higuera St Ms. Ricci stated that the Higuera Street location was in a C-R zone which allows offices and that she did not receive any complaints over the years regarding the use at that site. Commr. Whittlesey asked if the Police Dept. had any concerns. She also inquired whether this type of business existed elsewhere in the City. Pam Ricci said that she spoke to the Police Dept., but did not formally route the application because it was not typically done unless there was some particular concern. She said that to the best of her knowledge that there was not another similar business currently in the City. However, in the past, the applicant's business was on Higuera Street . Commr. Karleskint opened the public hearing. Maria Cacapit, 1.598 Monterey St,joint appellant, said that Jennifer Lawson was not able to attend the Planning Commission meeting but that Ms. Cacapit had written a letter which had been distributed to the Commissioners. She said that she had serious objections, not to the clientele or the owner of the business, but to the nature of the business being so Gose to her residence, which was right next door. She said she did know if she had a"code" to stand on, but she said she was appealing to the Commission for understanding as to having that psychic reading business as a next door neighbor. Commr. Whittlesey said that the site zoning allowed for many different types of activities which could present land use conflicts, since the property was immediately adjacent to a residence. She responded to Ms. Cacapit that she was not sure that her concerns could be addressed.. /-/t draft Minutes Planning Commission April 26, 1995 Page 8 Commr. Senn asked the appellant if the hours of operation for the business concerned her. Maria Cacapit said that it was not the hours or anything like that, but rather the nature of the business. Sherry Merino, 8065 EI Camino Real, Atas., the applicant, said that she was interested in relocating her business, which was currently located at 552 Higuera St., and that she did psychic and tarot card readings. She stated that her hours of operation would be basically during weekday hours and occasionally evenings and weekends by appointment. Commr. Whittlesey asked when the majority of her work was conducted. Sherry Merino responded that she would be open from 11 a.m. to 6 p.m. unless a client requested an evening appointment. She said if someone called for an appointment at 8 p.m., and she was able to accommodate them, the appointment could take anywhere from 30-45 minutes. Robert Burton, 2152 Santa Inez, the property manager for 1556 and 1548 Monterey, said he had not received any objections from his tenants at 1548 Monterey. He characterized the subject area of Monterey St. as being very limited residential, with mostly businesses and motels. 'He said, from what he could tell, the proposed business would create fewer impacts than past tenants and that there would not be parking problems, since one person at a time would visit the location. Fay Holcomb, 961 Grove St, indicated that her residence property was adjacent to the applicant's property and that she was also part owner with her children of the property at 1598 Monterey St. She objected to the rental of the property to the particular type of business and was speaking in support of her tenants who objected to it. Ms. Holcomb remarked that she would not like to live next to this type of business either. She said she made a survey of the types of businesses on both sides of Monterey Street and found that the neighborhood was a transitional zone from the residential district that it used to be. She indicated that there were many motels to the north of the property and she suggested that the people using the motels may not want to rent a motel room near a business that did psychic reading. She said that there were other zones which would be more correct for this type of business. Commr. Karleskint closed the public hearing. Commr. Cross said he sensed a concern from the members of the Commission with the hours of operation, and the number of clients on the site at one time. He was concerned about the amount of parking available. Pam Rica said that the plan showed three parking spaces behind the house and a /-/o2 draft Minutes Planning Commission April 26, 1995 Page 9 garage structure in the rear. She said there was some discussion at the Administrative hearing as to whether the garage was actually available for parking, and the property manager indicated that it could be made available. She said there was not a specific condition imposed on the use permit approval regarding the parking. She said the same parking layout had been there for at least the past 10 years since the last use permit was approved. She clarified that there was one residence and one office on the site. Commr. Hoffman confirmed with staff that the same level or lower level of use than the previous tenant would mean that the parking would be adequate for the currently applied for use permit. Pam Ricci said that it would be adequate which was why there was not a requirement to make any improvements to the site, or to make changes to accommodate more parking. She also clarified that the hours of operation were not limited for the applicant's previous office site because it was an office in was an allowed use in a C-R zone, and a use permit was not required. Commr. Kourakis said that the hours of operation stated in the staff report and the hours suggested by the applicant were different. She noticed the difference but the concerns expressed were not about hours of operation, so she was going to back off of the issue. Commr. Cross said his concern was about the mixed use of the site and how it could potentially impact the residents, specifically that the front portion of the building was a residential unit and the rear portion was an office. Commr. Kourakis said that perhaps the issue raised by Commr. Cross was a landlord/tenant issue, as opposed to a Planning Commission issue. Pam Ricci said that staff had considered imposing a condition concerning hours of operation. She explained that such a condition was not recommended because it was not a specific concern of the neighbors brought out in letters or in public testimony, and because of the documentation of limited hours of operation in the applicant's statement. Commr. Hoffman asked for, clarification of conditions of hours of operation for the previous tenant, the antique store. Pam Ricci said there were no conditions regarding hours of operation for the previous tenant. Commr. Hoffman made a motion to deny the appeal and uphold the Hearing Officers action. Commr. Senn seconded the motion. /-/3 draft Minutes Planning Commission Apel 26, 1995 Page 10 Commr. Cross said he would like to support the motion with the addition of conditions that all site parking be available for parking, and that there be limited hours of operation. Commr. Whittlesey said that the Commission had approved use permits in the past, assuming conditions without stating them. She was concerned about the hours of operation, parking access, a mixed use site and residences on three sides of the site. She suggested that the Commission be explicit with written understanding in the form of conditions of the use permit. She would not support the motion without a condition regarding some limits on the hours of operation. Pam Ricci said that in the findings, there were ties to the issues with which she was concerned. Commr. Cross said that the findings were not specific enough. Commr. Whittlesey stated that she would like to see the use permit more specific and not subject to interpretation. Commr. Senn mentioned that although the applicant had been in business for 10 years in San Luis Obispo and there had been no complaints and no evidence that there was anything negative associated with Ms. Merino's business, he heard from neighbors that they felt that the business was going to draw an undesirable element. He said that he was not hearing any objections from the applicant or the appellant regarding limiting the hours of operation. He noted that he could support limiting the hours by saying the business needed to Gose by 9 p.m. Commr. Senn asked staff for clarification regarding whether limiting hours for this use would also apply to a future non-conforming use at the site. Pam Ricci responded that the conditions for a future use would have to be reviewed independently in terms of evaluating the different categories of impact. The Commission and staff discussed the various time limitation possibilities. Commr. Cross recommended limiting the hours of operations to Monday-Friday 9 a.m. to 6 p.m., Saturday and Sunday 9 a.m. to 6 p.m. up to 8 p.m. by appointment only. Commr. Hoffman asked for a vote on his motion without amendments. VOTING: AYES: Commr. Hoffman, Senn, Ready NOES: Commr. Kourakis, Whittlesey, Karleskint, Cross ABSENT: None /-SAI draft Minutes Planning Commission Apol 26, 1995 Page 11 The motion failed. Commr. Senn made a motion to deny the appeal and uphold the Hearing Officer's action with the condition that the hours of operation end at 9 p.m. Commr. Hoffman seconded the motion. Commr. Cross said that he was concerned that parking availability for the residence should be specifically included in the use permit conditions. Commr. Ready said that given the late hours that the other businesses in the area were open, he suggested that 9 p.m. was a bit conservative, but he would be willing to support the motion since it addressed the concerns that there were residences on either side of the site. VOTING: AYES: Commr. Senn, Hoffman, Kourakis, Whittlesey, Karleskint, Ready NOES: Commr. Cross ABSENT: None The motion passed. t CITY OF SAN LUIS OBISPO PLANNING COMMISSION STAFF REPORT wenn#2 BY: Pam Ricci, Associate Planner. MEETING DATE: April 26, 1995 FILE NUMBER: A 35-95 PROJECT ADDRESS: 1556 Monterey Street SUBJECT: Appeal of the Hearing Officer's action to allow replacement of one nonconforming use with another nonconforming use (psychic adviser's office). SUMMARY RECONEMMNDATION Deny the appeal and uphold the Hearing Officer's action. BACKGROUND Situation The applicant wants to use about 500 square feet of space in a building as an office for psychic and tarot card readings. The other part of the building is used as a residence. In 1986, Use Permit A 5486 was approved to allow the establishment of an antique shop and decorator design center at the site as replacement of one nonconforming use with another. Information in the previous use permit file indicates that the site has been used for a combination of residential and commercial uses since at least 1979. Hearing Officer's Action On April 7, 1995, the Hearing Officer conditionally approved the office for psychic readings at the site as replacement of one nonconforming use with another,based on findings (see follow-up letter dated 411-95 attached). On April 7, 1995, an appeal was filed by Jennifer Lawson, a resident of the adjacent house located at 1598 Monterey Street _ Data Summary Address: 1556 Monterey Street Applicant: Sherry Merino Appellant: Jennifer Lawson Zoning: Tourist-Commercial (C-T) General Plan: Tourist-Commercial Environmental Status: Categorically exempt Project Action Deadline: July 6, 1995 1-/6 Use Permit A 35-95 Page 2 Site Description The attached site plan shows the C-T portion of the site. Although the site is developed like it is two separate properties, the property actually runs from Monterey Street to Palm Street and is zoned both C-T and R-2. The C-T portion is 5,890 square feet in size. It is developed with the house which was moved to the site in 1953, a garage and three uncovered parking spaces. The surrounding neighborhood contains a variety of land uses including commercial businesses and residences. Over the years,there have been several requests made to replace nonconforming uses with other nonconforming uses in this particular block of Monterey Street. EVALUATION Use Determination and Processine Certain uses are not specifically included in Table 9,Uses Allowed by Zone, in the City's zoning regulations. In those cases, staff selects a similar type of use in terms of function and scale in order to determine whether a particular use would be allowed or conditionally allowed in a zone. Fortune-tellers or psychic advisers have been interpreted by staff to be most similar to office uses since business is usually done by appointment and the functional space needs would be comparable. Offices are not an allowed use in the C-T zone. However, Section 17.10.020 B.2. of the zoning regulations states: "A nonconforming use may be replaced with another, provided that an administrative use permit is approved by the Director. The Director must find that the new use has similar or less severe impacts on its surroundings in terms of noise, traffic, parking demand, hours of operation and visual incompatibility. The applicant shall submit evidence of the date when the original nonconforming use was established." As was mentioned in the Situation section of this report, a use permit was approved in 1986 to allow the replacement of one nonconforming use with another to allow the establishment of an antique shop and decorator design center. Therefore, staff made the determination that the office use for psychic readings could be established through the same process (replacement of one nonconforming use with another). Given the scale of the operation, one person meeting with customers on an appointment basis,generally between 11:00 a.m. and 6:00 pm.,Monday-Friday, staff concluded that the required finding that the new use would result in "similar or less severe impacts on its surroundings..." could be made. Use Permit A 35-95 Page 3 Public Participation Prior to the administrative hearing, two letters objecting to the use were received from Jan Holcomb, the landlord and former resident, and Fay Holcomb, the property owner and current resident, of the adjacent property. Both these letters objected to establishment of the use and brought up concerns with the suspected clientele and security. Fay Holcomb owns the property at the comer of Grove and Monterey Streets which includes the house she lives in (961 Grove) and a house which is rented out (1598 Monterey Street). At the administrative hearing, Fay Holcomb spoke and reiterated the points included in her letter. Teddy Burton, owner of the project site, spoke in favor of the request, noting that the proposed use would have less severe impacts than her former antique shop, and the tenants in the other portion of the house did not object to the use. Jennifer Lawson and Maria Cacapit (spelling unclear on appeal), residents at 1598 Monterey Street, objected to the use based on concerns for the type of clientele that it might attract. Jennifer Lawson is listed on the official appeal form as the appellant. However, Ms. Lawson called staff and indicated that she wanted to withdraw her appeal. She was instructed to submit a letter of withdrawal signed by herself and the other tenant whose name is listed on the form. Apparently, the other tenant did not want to sign the letter of withdrawal. Therefore, Ms. . Lawson indicated that a withdrawal letter would not be forthcoming. She also mentioned that she would not be attending the Planning Commission hearing. Since the administrative hearing, staff also received a phone call from Mr. V.J. Maino who said he objected to the use. ALTERNATIVE ACTIONS The Planning Commission may: A. The Commission may continue action with specific direction to the applicant and staff. B. The Commission may uphold the appeal and deny the request, based on a finding that the proposed use will have more severe impacts on its surroundings, in terms of noise, traffic, parking demand, hours of operation and visual incompatibility, than the previous use of an antique shop and decorator design center. RECOMMENDATION Deny the appeal and uphold the Hearing Officer's action to approve the use permit to allow the replacement of one nonconforming use with another nonconforming use of psychic readings, based on the following findings, and subject to the following conditions: Use Permit A 35-95 Page 4 Findings 1. The proposed use will not adversely affect the health, safety or welfare of persons living or worldng at the site or in the vicinity. 2. The use is appropriate at the proposed location and will be compatible with surrounding land uses since it is a small-scale business with limited hours of operation. 3. The proposed use conforms with the general plan and meets zoning ordinance requirements. 4. The proposed use is exempt from environmental review. 5. The proposed use will have similar or less severe impacts on its surroundings, in terms of noise, traffic, parldng demand, hours of operation and visual incompatibility, than the previous use of an antique shop and decorator design center. Conditions 1. Signage shall be limited to one wall sign, not exceeding 8 square feet in area, and one freestanding sign, not to exceed 24 square feet in area or 6 feet in height. The design of the proposed signs shall be to the approval of the Community Development Director. 2. The site shall be maintained in a neat and orderly manner. All plant materials shall be maintained and replaced as needed. Attachments: Vicinity map Site plan Applicant's Statement Appeal of Hearing Officer's decision Follow-up letter dated 4-11-95 4-7-95 administrative hearing minutes Letters from Fay and Jan Holcomb HUM9 e -ft Ae 47 u . .+fiv t_ dJ�epl �' } ('� y +,may �� ^ �a � • v , w O KKA Kqm MDV * Aw.�9 AJW Al�� p,s pQ �Z'�.Jr*,'� Jp•� pwit1. e d•• \rs so h 1tS PrP S . .: +,\ i7 � �� A eF '�+,, •dip ..O O � � h • VICINITY MAP USE PERMIT koRT ' A 35-95 • � RnQs�clerc� R�s�r�lev.c�, Pory.., n� V441 n f PaVN f v t iq0 No res4-ten, o• Rl eSI clam cP n A0n tS' O1cc K t RAS K 1% OOF o �1 PorCl-, � h h pick n+e r v � My name is Sherry Merino, I am interested in running business at 1556 Montery st. The proposed business vill be psychic and tarot card readings. My business hours vould be from 11:00 a.m. to 6:00 p.m. Mon.-Fri. Most my readings viii be given by appt. And there's usually not more than one client at a time, so I do not feel that there viii be a major overflow of traffic. I feel that the service I offer can be can:be`:considered a form of entertainment in the tourist community. I vould appreciate your decision on the April 7, meeting because my rent has already begun since April 1, If you have any questions please don't hesitate to ask me. I vill be present at the meeting. Thank You, us OBI rr t cat Offl 81. Palm tatreeUP ce Box 00*Sin Lula Obispo,CA 93403-8100 ' . ..•�.;,v.. ..+f.- ._.- .. psi _ -:.:n.. . .. .. ..'., .y..X1.+..54 ._...._ .., ._:_.,.:. 1:'•t.:�. APPEAL:TQ•CITY COUNCIL In 466drdahce with thir.appeals procedure.as authorized by Tide i. Chapter 1.20 of the San Luis Obispo IWunldpalCod%theundersi&Wherebyappeaisfrointtiedeclsionof n wl, wwrInqC)f!'/ rendered on T�-`� q 5 which decision consisted of the f owing (Le. forth tactual . shation and the grounds for submitting this appeal.. Use additional sheets as needed): V .. . .r+ - ,a ►. :`3 .- t s::`.Rees+ -I o rl-piaee CL nay=do "lA7 W �no-Nrur..N V11 C. {"m�•r10i ` '_ "b"LYQA-4 10h. IC)L door .,.mi oar : 1'esl�>✓ �—. The undersigned,disc umaid the.decdslon.being appealed with: on ; .AvLl r OT DATE&TIME APPEAL RE9EIVED: Appellant:. & LCLW RECEIVED . e e APR 71995 eprese . . e. CnY CLERK MOSS .. :. ... ...: :. SAN u11S OBISPO.GA . F't10n9 .• ' dpinal to Cdy Clerk ,. City Attome • ' Calendared for: r ., py to AdminlsbatNe Officer _ T iCopy to the following departrnent(S). ."7�."y�'sFit�•�.'� ..Ts_ r :.!'� :4�./;Y�. fiv+ . .ry. .rN rw� -�.• . . �i'ti .. ._:y .. .. .. Cityo san _-WIs OBIS - 990 Palm Street/Post Office Box 8100 San Luis Obispo,CA 93403-8100 Sherry Merino 8065 EI Camino Real Atascadero, CA 93422 SUBJECT: Use Permit Appl. A 35-95 1556 Monterey Street Dear Ms. Merino: On Friday, April 7, 1995, 1 conducted a public hearing on your request to replace a non- conforming use with another non-conforming use of psychic readings, at the subject location. After reviewing the information presented, I approved your request,based on the following findings and subject to the following conditions: Findlnas 1. The proposed use will not adversely affect the health, safety or welfare of persons living or working at the site or in the vicinity. 2. The use is appropriate at the proposed location and will be compatible with surrounding land uses since it Is a small-scale business with limited hours of operation. _ 3. The proposed use conforms with the general plan and meets zoning ordinance requirements. 4. The proposed use is exempt from environmental review. 5. The proposed use will have similar or less severe impacts on its surroundings, in terms of noise, traffic, parking demand, hours of operation and visual Incompatibility, than the previous use of an antique shop and decorator design center. © The City of San Luis Obispo is committed to Inducting the disabled In all of its services.Programs and activities. Telecommunications Device for the Deaf(805)781-7410. +� A 35-95 Page 2 Conditions 1. Signage shall be limited to one wall sign, not exceeding 8 square feet in area, and one freestanding sign, not to exceed 24 square feet in area or 6 feet in height. The design of the proposed signs shall be to the approval of the Community Development Director. 2. The site shall be.maintained in a neat and orderly manner. All plant materials shall be maintained and replaced as needed. My decision is final unless appealed to the Planning Commission within ten days of the action. An appeal may be filed by any person aggrieved by the decision.. Due to City water allocation regulations, my approval expires after three years if construction has not started, unless conditions of approval designate a different time period. See Municipal Code Section 17.58.070.D. for possible renewal. If your project involves building one or more bew dwellings or additional non-residential space, it may be subject to the requirement for a water allocation or a water usage offset. Contact this department for details: Be aware that an appeal has been filed on your application. The matter has been tentatively scheduled for the Planning Commission meeting of April 26, 1995. An agenda and a copy of the staff report will be sent to you prior to the hearing. If you have any questions, please call Pam Ricci at 781-7168. Sincerely, Ron d Whisen d Hearing Officer cc: T.H. Burton Tre Etal , 2152 Santa Ynez Street SLO, CA 93401 ADMINISTRATIVE HEARING - MINUTES FRIDAY APRIL 7, 1995 1556 Monterev Street. Use Permit Appl. A 35-95; Request to replace a non- conforming use with another non-conforming use of psychic readings; C-T zone; Sherry Merino, applicant. Whitney Mcllvaine presented the staff report, explaining the request is to replace one non- conforming use with another non-conforming use. She noted that the two previous non- conforming uses were sales of antique furniture. The applicant proposes hours from 11 a.m. to 5 or 6 p.m., Monday through Friday. According to a letter submitted by the applicant, most readings.would be given on an appointment basis, so there would be one client at a time at the business. Ms. Mcllvaine mentioned that two letters, objecting to the use, had been received by the Community Development Department, one from Jan Holcomb, and another from Fay Holcomb, both residing at 961 Grove Street. Fay has concerns about the parking area having minimum security (unlit and not enclosed), and the fact that the business does not promote tourism with a family-oriented image. She objects to the type of clientele she believes would be attracted to this business. Jan objects with concerns about the potential impact on the surrounding neighborhood, and feels that the business is basically counseling in nature, and will attract troubled and distressed people. Ms. Mcllvaine noted that staff is recommending approval of this non-conforming use, based on five findings and subject to two conditions, which she outlined. She explained that the zoning regulations allow for the replacement of one non-conforming use with another when the replacement use will have similar or less severe impacts on its surroundings in terms of noise, traffic, parking demand, hours of operation, and visual incompatibility than the previous non-conforming use. In comparing the proposed office use with the previous retail use, staff concluded that the replacement use will likely be less.intensive, and therefore, recommends approval. Ron Whisenand clarified the C-T (Tourist-Commercial) zoning of the site, and asked Ms. Mcllvaine if she felt this type of use would fit in with other established uses in the area. It was noted that there are a variety of non-tourist related uses in the vicinity, such as floral arranging, an architectural office, a beauty salon, etc. Ron asked if any expansion of the commercial square footage is proposed as part of this application. Whitney Mcilvaine responded that there would be no expansion. She noted that the floor plan submitted indicates a small office area is built into the house. She commented that although the lot is zoned for commercial use, it was originally created as part of a residential subdivision. She indicated that this is the type of low-impact use that would seem to work within the physical constraints of the.site. Administrative Hearing Minutes April 7, 1995 Page 2 The public hearing was opened. Sherry Merino, applicant, spoke in support of the request. She explained that she will be the only one working there and she has no employees, so only one client at a time can be accommodated. She will be occupying three small rooms; the remainder of the building has been rented out as a residence to another individual. Ms. Merino explained that her business was previously located at 552 Higuera Street. She also has an office in Atascadero. Regarding the letters objecting to the use, Ms. Merino does not feel her clientele are unstable or delusional. She noted that the majority of her clients are local, professional people. She felt her business was of a tourist nature because it is a form of entertainment. She did not feel the parking lot needed lighting or security since she only is open to 6 p.m. at the latest. She further noted there are three parking spaces available, and the residential tenant parks in the garage. Ms. Merino indicated she has no problems with the conditions of approval. Fay Holcomb, 961 Grove Street, indicated she had submitted a letter in opposition to the request. She said she objects to the use, but does not object to the proposed hours of operation. She further noted that the residential tenant has been using the parking area and not the garage, leaving two available parking spaces, not three. Ms. Holcomb further noted her concerns with the type of clientele who may be in a distressed, or emotionally stressed condition. Theodora Burton, property owner of 1556 Monterey Street, felt this type of business would not cause any parking problems. She reiterated that there is one residential tenant renting the remainder of the building. Ms. Burton also owns the house on the other side of the street, and the tenants of that rental do not object to this use. She also noted that, if necessary, she could make sure that the residential tenant uses the garage for parking and not use the parking spaces. She also disagreed with Ms. Holcomb as to the type of clients that would visit this business. She explained that there is also a psychiatrist (Dr. Menzie Cliff) on Grove Street, and people who visit a psychiatrist probably have far larger problems than people who have their cards read. To her knowledge there have been no problems associated with the psychiatrist's office. Maria Cacapit, a tenant of Ms. Holcomb's at 1598 Monterey Street, said she is personally uncomfortable with the psychic reading business. She has no problems with parking, lighting, or any of those issues. Jennifer Lawson, also a tenant of Ms. Holcomb's at 1598 Monterey Street, objects to the type of use proposed. She said she and her husband have researched this type of use, and feels that it will bring in corrupt and dishonest people. She said that having this business next door would make her very uncomfortable. Administrative Hearing Minutes April 7, 1995 Page 3 Ms. Merino explained that her business has been established in San Luis Obispo County for 12 years, and has never had a problem with neighbors. She indicated the type of clientele varies. Teenagers come it for the fun of it to see who they are going to marry, and whether or not they will graduate, etc. People making business decisions come in and want to know if they should or shouldn't do something, or whether or not the time is right, etc. It was explained by Ms. Merino, that she would like to start doing business five days a week, but will probably go to two or three days after a few months, since she will be keeping her office in Atascadero as well. She noted the possibility that she may not be open the entire seven hours, depending on business. In response to a question, she indicated she would open her office for an appointment on Saturday if it was scheduled. The public hearing was closed. Ron Whisenand expressed his concern for everyone's feelings, and explained that this is a land use decision based on the likely impacts resulting from a change from one non- conforming use to another non-conforming use. He explained that his personal feelings toward the type of business cannot be a factor in this decision. He explained his main concern is about how this change will fit into a tourist commercial area. Mr. Whisenand said he feels the change from the antique shop's retail activity to the psychic reader's office use will result in a less intensive use. Mr. Whisenand further expressed his concern with the tourist-commercial zoning of the area because of the small parcel sizes. 'He noted the resulting mix of non-conforming uses in the vicinity. He felt the proposed use would be compatible with those existing uses, and approved the use permit request, based on the following findings and subject to the following conditions: Findings 1. The proposed use will not adversely affect the health, safety or welfare of persons living or working at the site or in the vicinity. 2. The use is 'appropriate at the proposed location and will be compatible with surrounding land uses since it is a small-scale business with limited hours of operation. 3. The proposed use conforms with the general plan and meets zoning ordinance requirements. 4. The proposed use is exempt from environmental review. Administrative Hearing Minutes April 7, 1995 Page 4 5. The proposed use will have similar or less severe impacts on its surroundings; in terms of noise, traffic, parking demand, hours of operation and visual incompatibility, than the previous use of an antique shop and decorator design center. Conditions 1. Signage shall be limited to one wall sign, not exceeding 8 square feet in area, and one freestanding sign, not to exceed 24 square feet in area or 6 feet in height. The design of the proposed signs shall be to the approval of the Community Development Director. 2. The site shall be maintained in a neat and orderly manner. All plant materials shall be maintained and replaced as needed. Mr. Whisenand explained that his 'decision is final unless appealed to the Planning Commission within ten days of the action. He further explained that anyone may file an appeal. 9Fc R E E y E p 40,9 /`� 4 S 1995 6/yds Ov °1�� G April 5, 1995 .Community Development Department 990 Palm Street San Luis Obispo Administrative Hearing Officer, I am a property owner and a resident of the adjacent property to 1556 Monterey Street. I object to the non-conforming use of 1556 Monterey Street requested by Merino Office for Psychic Readings. This office space is surrounded by residences, two on each side. one to the rear and one half of the said address is a residence. The parking area designated for this office is one of minimum security, unlighted and not enclosed. Should this business schedule appointments, be open for business or conduct activities after 5 P. M. it would be disturbing and unsafe for surrounding residents. Furthermore, the kind of business in a given location labels the neighbor- hood. This zone is for tourist related businesses. This city promotes tourism with a family orientation. The psychiic reading business does not promote that image. There is rental property available in areas zoned for this type of business. Furthermore, some people who would use this business are seeking relief from stress. They are a potential for erratic and unpredictable behavior. Residents should not be exposed to the risk of being targets for such behavior. I strongly recommend that the Psychic Readings office be settledin the zone designated for it, where it would most appropriately conduct business. Thank you for your consideration. Fay T. Holcomb 961 Grove Street San Luis Obispo APPuc�,�ON neo. A /-3o 9 9F 4pR April 5. 1995 �j.� '� /` %qr j9gs Or`� dw Community Development Department 990 Palm Street San Luis Obispo, California 93401 Administrative Hearing Officer, Thank you for giving the opportunity of expressing our opinion on the application for the non-conforming use of 1556 Monterey Street by Merino Office for Psychic Readings. I am the landlord, and former resident,. of the adjacent property. I strongly object to allowing this business to locate as requested. It is a highly unsuitable business for the neighborhood in question. Monterey Street is itself primarily tourist commercial, but not exclusively. The surrounding sidestreets which comprise the neighborhood are primarily residential. It is an old neighborhood with irregular lot shapes. many outbuildings, mature shrubbery and transversed by several creekbeds. The business of psychic readings is basically counseling in nature. One can expect a certain number of customers will be regular clients, and certainly would include troubled and distressed people. Stress can cause people to express antisocial behavior. Regular clients vho'are under stress would have good opportunity to become familiar with the people, their habits and the environs of the neighborhood. I am very concerned that residents are at a very real risk, especially childven, the elderly and singles. of being targets for antisocial behavior in a neighborhood that offers wide opportunity for covert behavior in various secluded and isolated areas. This type of business would be most appropriately located in a strictly commercial district. Furthermore, this type of business does not promote the family tourism nature of the location. The current zoning was established to enhance the tourist business for the city for good reason. It is not an appropriate business for this location. There are offices available in suitable locations and it is not necessary to grant an exception to the current zoning. Thank you for your consideration. S. Holcomb 961 Grove Street 3214 N. Madsen Ave. San Luis Obispo Sanger, CA 95637 APPuc.1 -nm) NO. A 35 — g5 / PRI L-4 MEETING s AGENDA DATE - ITEM # I��2►P.B. LP�AP�T l5q 8 McrYt��ey�. S1,U , C`A a3ao I COUNCIL DUTILDIR R June ls, IgQS cao ACRO IEF ATTORNEY CummIRIO CHF rlJ�;S �.�5 O MOW TEAM R QU 1�7\M J` ❑/C READ FILE SLuR _ s "D tar 1\o>,v� le Cc-orcx\ Mere ; , 'r\ of finds o-nd VA"E obl;ga#iof�S re(3o &(-n a -te_arv\ c�cio-n \ am urtaZ\r, `kD Q�6en6 your rneetlltn CLr)d cpe� on 15 5 U lkon�nt c. S�, , pec tr\-� {a 35-q5.. Ag was cnen( ;M(cd ir-) ohf-x ��ov5 rniYlv�e.S OP \o!:� fv Lcb ores \ssv� , -V-(Y�e was \.loT CA- -oblem b2Ca,use'e} was eW\cic� tog--r- oesS lar 1nc>vcs of U+s, �l®��no wow l� be �r �r>, q A6-) -�D Lc)--v-.m. Mcx-,6" - D V:�-\dokc�ncG w�e�kercts h 0.��o�v-�i r � �ndess'�a kb1zcv- rnovrS cp op2X'2�-� WeC-e. p�r��eC\,sem \ reL�veS� �h�- 1-ln'�S \poSs,\o1e . 2tn Ce VA � CFIVIGD JUN u 61445 CITY CLERK SAN LUIS OBISPO,CA