HomeMy WebLinkAboutr10327 pc appeal piano lessonsRESOLUTION NO.10327 (2012 Series )
A RESOLUTION OF THE CITY OF SAN LUIS OBISP O
CITY COUNCIL DENYING AN APPEAL OF THE PLANNING COMMISSION'S
DECISION TO UPHOLD THE ADMINISTRATIVE HEARING OFFICER'S DECISIO N
TO REVOKE THE HOME OCCUPATION PERMIT FOR PIANO LESSONS AT 124 7
VISTA DEL LAGO (AP-CC 2-11)
WHEREAS,the Administrative Hearing Officer revoked the appellant's home occupatio n
permit to allow piano lessons at 1247 Vista Del Lago, in the R-1-PD zone on November 4, 2011 ;
and,
WHEREAS,the Planning Commission of the City of San Luis Obispo conducted publi c
hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
December 14, 2011, for the purpose of considering application # AP-PC 2-11, an appeal of th e
Administrative Hearing Officer's decision to revoke the home occupation permit for piano lesson s
at 1247 Vista Del Lago ; and
WHEREAS,the City Council of the City of San Luis Obispo conducted a public hearing i n
the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on January 17 ,
2011 to consider an appeal of the Planning Commission's Decision to deny the appeal and uphol d
the Administrative Hearing Officer's decision to revoke the home occupation ; and
WHEREAS,the City Council has duly considered all evidence, including the testimony o f
interested parties, and the evaluation and recommendations by staff, presented at said hearing .
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obisp o
as follows :
SECTION 1 .Findings .The Council makes the following findings :
1.Continued operation of the business will adversely affect the health, safety, or welfare o f
persons living in the vicinity and will interfere with residential welfare in the area .
2.The use is not consistent with Home Occupation Regulations of Municipal Code Sectio n
17 .08 .090 A . which states that home occupations are intended to allow a home enterprise whic h
is incidental to and compatible with surrounding residential uses .
3.The piano instruction business is incompatible with General Plan Policy LUE 2 .2 .13 ,
Non-Residential Activities, since the business is not compatible with the adjoining residence an d
surrounding residences .
SECTION 2.Environmental Determination .The project is categorically exempt unde r
Section 15270(a), since CEQA does not apply to projects which a public agency rejects o r
disapproves .
R 10327
Resolution No . 10327 (2012 Series )
Page 2
SECTION 3 .Denial of Appeal and Revocation of Home Occupation Permit .The City
Council denies the appeal and revokes the Home Occupation Permit . The Home Occupation may
continue operation through April 30, 2012, subject to the requirement that the grand piano shall no t
be played, and the upright piano shall be moved out of the main dining and living area where it ca n
be heard in the interior of the dwelling with the adjoining wall .
Upon motion of Mayor Marx, seconded by Council Member Carter and on the followin g
AYES :
Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpenter an d
Mayor Marx
NOES :
None
ABSENT : None
The foregoing resolution was adopted this 17th day of January, 2012 .
ATTEST :
vote :
Elaina Can o
City Cler k
APPROVED AS TO FORM :