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HomeMy WebLinkAbout01/05/1993, 1 - APPEAL OF A PLANNING COMMISSION ACTION ON APPEAL TO DENY A USE PERMIT GRANTED BY THE ADMINISTRATIVE HEARING OFFICER FOR MASSAGE THERAPY AS A HOME OCCUPATION AT 3057 SOUTH HIGUERA, IN THE CHUMASH VILLAGE MOBILE HOME PARK. (A 180-92)��IIIIIIIII�I�I T MEETING DATE: city o son LUIS osispo I - s- 3 • COUNCIL AGENDA REPORT I NUMBER:/ � From: Arnold Jonas, Community Development Director Prepared by: Whitney McIlvaine, Associate Planner Subject: Appeal of a Planning Commission action on appeal to deny a use permit granted by the Administrative Hearing Officer for massage therapy as a home occupation at 3057 South Higuera, in the Chumash Village Mobile Home Park. (A 180 -92) CAO RECOMMENDATION Uphold the appeal and allow a home occupation for a massage therapist, subject to the conditions outlined in the attached Draft Resolution No. 1. DISCUSSION Background On October 6th, the Administrative Hearing Officer conditionally approved a home occupation permit for Mary Hunt, a massage therapist, who lives in Chumash Village Mobilehome Park. The Hearing Officer included conditions of approval to address parking and traffic concerns voiced at the hearing. Please refer to conditions 8 and 9 in the attached minutes. The Hearing Officer's action was appealed to the Planning Commission by Mr. Harold Heidler, president of the park's home owners' association. On November 18th, the Planning Commission voted (3 to 2, with one commissioner stepping down) to uphold the appeal and deny the home occupation, finding that a mobile home park is not suitable for continual - client visits. The Planning Commission resolution and staff report are attached, as are the minutes from both the Planning Commission meeting and the administrative hearing. Issues Traffic: Mr. Heidler indicated that park residents wished to minimize traffic in the park because both pedestrians and cars must share the narrow streets typical of a mobile home park. Condition 10 would limit patrons to 1 per day, to eliminate the possibility of a significant impact on traffic in the mobile home park. During their discussion, commissioners noted the difficulty in distinguishing between traffic impacts resulting from visitors, an accepted activity, and those resulting from limited client visits. ���n,�b,���►IIIIfiIII�INIII city of San Lr.6 OBISpo COUNCIL AGENDA REPORT Parking: Mr. Heidler noted that because the streets are narrow, residents are encouraged to keep them free of parking, although parking on the streets is not prohibited. Condition 9 would limit client parking to the applicant's carport. Noise /Neighborhood Disruption: Massage is by its nature not a noisy occupation. Limiting the hours and number of clients (conditions 8 and 10) would further reduce potential noise impacts. Enforceability of Conditions: The question of whether conditions related to parking and number of clients are realistically enforeceable was raised at the Planning Commission hearing. Conditions which involve anything other than a visible feature or alteration to a structure or site will always be subject to this concern. In this case, the vigilance of-concerned neighbors should provide an effective deterrent to any violation of permit conditions. It is not presumed that an applicant will not comply with conditions. CC &R's: Those objecting to the applicant's request have indicated that granting approval of the home occupation permit would conflict with the park's conditions, covenants, and restrictions (CC &R's). An excerpt from the Chumash CC &R's is attached, which allows for executive or professional offices "so long as they do not interfere with the quiet enjoyment by other residential Mobilehome Space Owners of their Mobilehome Spaces." CC &R's are private contractual obligations between various property owners in the park and can. be privately enforced in spite of permits granted by the City. Permits may also be granted in spite of CC &R's where conditions are otherwise appropriate for such approval. On- site /Off -site: It was suggested by opponents of the home occupation that the home owners' association board of directors would support the home occupation as long as all massage activity were conducted off -site (i.e. away from the applicant's home) . Mr. Heidler clarified that the board would have no objection to Ms. Hunt providing massage therapy for clients inside the park, providing she travel to their homes. Ms. Hunt felt that this provision would have a similar impact on traffic and parking as seeing clients at her home since she would need to use her vehicle to transport her massage table. Misperception: On November 30th, staff received a phone call from Ms. Lauraine Davis, vice president of the home owners' association. She voiced her individual support for the home occupation as conditioned by the Hearing Officer. She questioned the validity of the petition circulated against the home occupation permit, and noted that Mr. Heidler had used the term "massage parlor" in his discussion of the issue at the board of directors' meeting. She feared that residents of the park had been misinformed about the nature of Ms. Hunt's request. ��� +���►�u►►uIIIIIIIII� city of san L.,�ms osispo - COUNCIL AGENDA REPORT ALTERNATIVES As alternatives to the CAO recommendation, the Council may: 1. Uphold the appeal and modify conditions of approval. Draft Resolution No. 1 would need to be modified to include any changes to the conditions which the Council feels are appropriate. 2. Deny the appeal and uphold the Planning Commission's action (Draft Resolution No. 2). Attachments: vicinity map draft council resolutions appeal planning commission resolution planning commission staff report planning commission minutes administrative hearing minutes chumash cc &r excerpt xeroxed photos of available parking (actual photos will be available at the meeting) letters and petition in support and opposition Upholding Draft Resolution No. 1 Page 1 RESOLUTION NO. (1993-Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL FROM THE ACTION OF THE PLANNING COMMISSION TO DENY A HOME OCCUPATION USE PERMIT FOR A MASSAGE THERAPIST AT 3057 SOUTH HIGUERA STREET WHEREAS, the Planning Commission conducted a public hearing on application No. A 180 -92 on November 18, 1992, and denied a request for a home occupation permit for a massage therapist at 3057 South Higuera Street; and WHEREAS, the applicant has appealed that decision to the City Council; and WHEREAS, the City Council has considered the testimony and statements of the applicant, and other interested parties, and the records of the October 6, 1992 administrative hearing and action, and the November 18, 1992 Planning Commission hearing and action, and the evaluation and recommendation of staff; NOW, THEREFORE, the Council resolves to uphold the appeal and approve the home occupation, subject to the following findings and conditions: SECTION 1. Findincrs. 1. The proposed use will not adversely affect the health, safety and welfare of persons residing or working on the site or in the vicinity. 2. The use is appropriate at the proposed location and will be compatible with surrounding land uses. 3. The proposed use conforms to the general plan and meets zoning ordinance requirements. 4. The proposed use is exempt from environmental review. 5. The proposed home occupation meets conditions of the Municipal Code for licensure of massage establishments and massage technicians (SLO M.C. Ch. 5.56). SECTION 2. Conditions. 1. The business will be conducted entirely inside without altering the appearance of the house, grounds, or adjacent buildings. Draft Resolution i 1 Page 2 2. There will be no sales or displays on the premises. 3. There will be no signs other than address and name of residents. Those signs will meet the requirement for the R- 2 zone. 4. There will be no advertising occupation by street address 5. The home occupation will not parking, yard, or open space normally required parking). 6. The home occupation will not smell, smoke, glare, electri hazard or nuisance. which identify the home or location. encroach on any required (parking space in a garage is create noise, dust, vibration, :al interference, or other 7. No employees other than residents of the home will be allowed. S. Clients or customers shall not be scheduled after 8:00 p.m. or before 7:00 a.m. 9. Appointments shall be scheduled so not more than one client vehicle at a time is parked at the premises. All patron parking is to be located in the carport area. 10. Patron appointments shall be limited to one per day. 11. Permit shall be subject to review if all conditions are not met, or if any reasonable written complaint is received by the Police Department or Community Development Department. At the review hearing, the Hearing Officer may add, delete or modify conditions, or may revoke the use permit. On motion of seconded by following roll call vote: AYES: NOES: ABSENT: r. and on the the foregoing'resolution was passed and adopted this day of 1993. Mayor -S Draft Resolution Page 3 ATTEST: City Clerk APPROVED: City A inistrative Officer /-10 Denying Draft Resolution No. 2 Page 1 RESOLUTION NO. (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL FROM THE ACTION OF THE PLANNING COMMISSION TO NOT ALLOW A HOME OCCUPATION FOR A MASSAGE THERAPIST AT 3057 SOUTH HIGUERA STREET WHEREAS, the Planning Commission conducted a public hearing on application No. A 180 -92, on November 18, 1992, and denied a request to allow massage therapy as a home occupation at 3057 South Higuera Street; and WHEREAS, the applicant has appealed that decision to the City Council; and WHEREAS, the City Council has considered the testimony and statements of the applicant, and other interested parties, and the records of the October 6, 1992 administrative hearing and action, and the November 18, 1992 Planning Commission hearing and action, and the evaluation and recommendation of staff; NOW, THEREFORE, the Council resolves to deny the appeal and uphold the action of the Planning Commission subject to the following findings: SECTION 1. Findings. 1. The proposed use will adversely affect the health, safety, and welfare of persons residing or working on the site or in the vicinity. 2. The use is not appropriate at the proposed location and will not be compatible with surrounding land uses because a mobile home park is not suitable for continual client visits. On motion of seconded by following roll call vote: AYES: NOES: ABSENT: , and on the / -I Draft Resolution No. 2 Page 2 the foregoing resolution was passed and adopted this day of 1993. Mayor ATTEST: City Clerk APPROVED: City Administrative Officer Community Devel vent Director /+Y �] I �M1``� \� LV �I.Ur.. { I y � I ill ! � �, .'Yi.lj (��:\� ■ I Lei 'i �`t .�•Z � �•'{ Sl.. (•- ,_ f". n,• �* .. Z1 - �� � /`. - �•\ - � yM � � `` 'DNt• '`J �� , -_ w � l\� o 'fir, 1 ■ 1 ..1 • r • 1 1 � � Ly�,lpE J '`-li t J� o ��•) 1 � ' j DRIVE T --- ■ .;. .. ••I �' WI 'Wi I I' r .,,.,,,, 1 - C ` I� Q l • 1 .. I = h ��,,, � Z I ,..I I :,. � I � _ •u • 1 rl1 .. I J r� J I • 1 - J I„ (__,1 Z ; r_� W ;,,, j ■ r� Q Crll cy En JU „ UI�� i 1 I. I '1 •..• CHUMASH DRIVE I�Ir % L OJAI DRIVE, WI ■ .1 __ ... I - ! I III il' � _ Li •,I i { I I��; ✓�1L',= I I. T::J �iIL i I ?'.r�IZIS j 'I L., i - �ivj. l c-S_1 jO CACHUMA DRIVE •� 'I�•I k' . Imo! ., Q; Ul It lz CUYAMA DRIVE !; T., I I I ! I I I r F7 0 ilp w -. - i -- ..., -. ,�� •' gam= � _ � 1 I.A -I 0 _ 'u VICINITY MAP I A 101 -88 NORTH 3057 S. HIGUERA ST. #220 A I city.ofsAn tuis oaspo 990 Palm Street /Post Office Box 8100 • San Luis Obispo, CA 93403.8100 APPEAL TO CITY COUNCIL In accordance with the appeals procedure as authorized by Title I, Chapter 120 of the San Luis Obispo Municipal Code, the undersigned hereby appeals from the decision of c'c.•,,,,,,,; ; G,n.,�"�,,, /�.�::.�� rendered on 1110 c., /Y /S S 2 which declslon consisted of the following (I.e. set forth factual situation and the grounds for submitting this appeal. Use additional sheets as needed): /C /+,�,Q� Gli,(6c= .iyr�cl v-�c.:. �Cr. C�2✓ w7aq�,,, J"" �"�2t.[• cr, i ✓L .r m- ,�+-.,�1i., % o�f�t��r'�n� �L� may,- + J�4• � (- The undersigned discussed the.declslon being appealed with: on DATE $ TIME APPEAL RECEIVED: RECE1VSED 5' NOV r Nov I o 1992 CITY CLERK SAN LUIS OBISPO. CA Calendared for [Tilvl2 Appellant: ) ame e RepMsen=lve •�CS7 .ef• .csGlt� <� �� �� ��% Ad ress - . o 4010<-/ slit - sefss Ph Original to City Clerk City Attorney Copy to Administrative Officer Copy to the-following department(s): SAN LUIS OBISPO PLANNING COMMISSION RESOLUTION NO. 5115 -92 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 November 18, 1992, pursuant to a proceeding instituted under application No. A 180-92 by Mary Hunt, applicant. HOME OCCUPATION PERMIT REQUESTED: To allow message therapy. PROPERTY DESCRIPTION: On file in the office. of Community Development, City Hall. GENERAL LOCATION: 3057 South Higuera Street #33. GENERAL PLAN LAND USE ELEMENT: Medium - Low - density Residential. PRESENT ZONING: R -2. WHEREAS, said commission as a result of its inspections, investigations, and studies made by itself, and in behalf and of testimonies offered at said hearing, has established existence of the following circumstances: 1. The proposed use will adversely affect the health, safety, and welfare of persons residing or working on the site or in the vicinity. 2. The use is not appropriate at the proposed location and will not be compatible with surrounding land uses because a mobile home park is not suitable for continual client visits. Resolution No. 5115 -92 Use Permit A 180-92 Page 2 NOW, THEREFORE, BE IT RESOLVED that application No. A 180.92 be denied. The foregoing resolution was adopted by the Planning Commission of the City of San Luis Obispo upon the motion of Commr. Settle, seconded by Commr. Hoffman, and upon the following roll call vote: AYES: Commrs. Settle, Hoffman, Senn, Karleskint NOES: Commrs. Peterson, Cross ABSENT: Commr. Williams Arnold B. Jonas, Secretary Planning Commission DATED: November 18, 1992 /- /A CITY OF SAN LUIS OBISPO PLANNING COMMISSION STAFF REPORT ITEM # BY: Whitney Mcllvaine, Associate Planner MEETING DATE: November 18, 1992 FILE NUMBER: A 180 -92 PROJECT ADDRESS: 3057 South Higuera Street SUBJECT: Appeal of the Administrative Hearing Officer's approval of a home occupation permit for massage therapy. RECOMMENDATION Deny the appeal and uphold the Hearing Officer's action. BACKGROUND Data Summary Applicant: Mary Hunt Zoning: R -2 General Plan: Medium -low- density residential Situation On October 6th, the Administrative Hearing Officer conditionally approved a home occupation permit for massage therapy inside Chumash Village Mobilehome Park. Four members of the public (all residents of the park or related to a park resident) spoke against the proposed home occupation, citing concerns with traffic and parking. The Hearing Officer added two conditions to the approval to address parking and traffic concerns. Please refer to conditions 8 and 9 in the attached minutes. Some of the people objecting to this permit felt no home occupations should be allowed in the mobile home park. The Hearing Officer recognized that the layout, circulation patterns, parking and density in mobile home parks warrant special conditions to manage home occupations. In this case, the Hearing Officer limited patronage of the home occupation to one person per day with no appointments made after 8 pm. Patron parking must be accommodated in the driveway adjoining the mobile home and not in the street. Staff believes that these special conditions would limit the home occupation to a level where circulation and parking problems should not exist. In conclusion, staff does not believe that there are physical constraints that warrant the categorical exclusion of home occupations from mobile home parks. Roughly a dozen home occupation permits have been approved at 3057 South Higuera in the past 5 years. ALTERNATIVES The Commission may: 1. Continue review with direction to the applicant, appellants, and staff; or / -/3 2. Uphold the appeal am ny the home occupation, based 3. Deny the appeal and uphold the Hearing Officer's action. Attachments: vicinity map minutes from the administrative hearing appellants' letters home .occupation regulations Page 2 appropriate findings; or I —IAI DRAFT PLANNT1, 7 CC M4ISSION MINUTES November 1£ 992 John Wallace, 411 representative, s conditions in the units 8 and 9 are vehicles would no lot. In answer t explained that th unit 9 where in e City ordinance wh accessible to uni Broad Street, Suite b -5, applicant's id the applicant agrees with the findings and staff report. He explained the patios for narrower than the other patios so that large hit them while parking in the adjacent parking a question by Commr. Cross, Mr. Wallace reason the storage shed was located next to croaches into the setback was to comply with ch requires storage sheds to be directly S. Chairman Karleskint closed the public hearing. -. Commr. Settle sai he approved of the project. Commr. Williams m ved to approve the request subject to the findings and two londition-S7. Commr. Senn seconded the motion. Commr. Cross said the Commission had reduced its standard for arprovi-g c'on?cmi. ium projects from 10 to 9 units. ZiOTING: AYES - Commrs. Williams, Senn, Cross, Settle, Hoffman, Peterson, and Karleskint. NOES - None. ABSENT None. The motion passed. ----------------------------------------------------------------- Item 4. Home occupation Permit A 180 -92: An appeal of the Hearing Officer's action conditionally approving a home occupation permit to allow message therapy; 3057 S. Higuera Street #33; R -2 zone; Mary Hunt, applicant; Chumash Village Homeowners' Association, appellant. ----------------------------------------------------------- - - - - -- Commr. Williams stepped down due to a conflict of interest. Whitney McIlvaine presented the staff report and said that §tiff believed the additional conditions limiting clients to one per day before 8:00 p.m. and requiring clients to park in the applicant's carport addressed the concerns raised by the appellant at the administrative hearing. She recommended that the Commission uphold the Hearing Officer's action and approve the use permit. She said a condition could be added to require review of the use permit in one year. Commr. Cross asked staff about the City's inability to enforce CC &R's. -ar"S to ha.,e Cindy Clemens said the City requiras mobile h,�::,a :� -�..� CC &R's and the City usually specifies it.ems it wants the CC &R's to address. She said CC &R are private legal covenants between the parties and the City cannot arbitrate disputes about them. She said the CC &P.'s should not guide the Commission's decision. Chairman K.arleskint opened the public hearing. Harold Heidler, 3057 South Higuera Street, appellant and President of the Chumash village Homeowners Association, said it would be appreciated if the City would not contravene the CC &R's. He said an off -site home occupation permit was approved at the Homeowners Association earlier this evening, but -in that instance, customers would not be driving into the park. He said the park has no sidewalks and expressed concern about elderly pedestrians. He said in the past, coz-aplaints have been made that Miss Hunt's clients or guests have blocked other people's driveways. In answer to a question by Co „ r. Cross, rlr. Heidler said his main concern was for traffic, parking, and elderly pedestrians. He said a 15 -mph speed limit is posted at the park entrance, but there is not a sign stating t'rat pedestrians have the right -cf- 1 - -- e way. He said the only Visitor parking was �- 3 = =.''- -z t•� laundry. He said guests are not allowed to park on the street after 10:00 p.m. Comamr. Cross felt that denying the use permit would not resolve the problem because it was not possible to tell if the people parking outside Miss Hunt's residence were visitors or clients. Mr. Heidler said the use paru:it is inconsistent because it allows a client to be scheduled at 8:00 p.m., but prohibits clients from being at the residence after 8:00 p.m. and massages last one hour. Commr. Senn felt there was no difference between a resident having a guest for dinner and Miss Hunt having one client visit her per evening. He asked if there was a hidden agenda to the opposition. Mr. Heidler said most people in the park are against any home occupation. He said the board's position is only home occupations that do not impact traffic are allowed in the park. Mary Hunt, 305 South Higuera Street, Space 33, applicant, gave the Commission a picture of the street she lives on showing there was adequate parking in her carport and in front of her mobile home. She said she teaches during the day and hopes to develop on -site massage at business locations. She said evenings are the only time clients would come to her home. She explained she can + control the environment at her home to provide an atmosphere conducive to massage therapy. Miss Hunt said she had not been contacted since she began her student training in J�!n2' 1192' 10Y the management of the park or any member of the board of directors about complaints about parking. She said at the administrative hearing, complaints were voiced about people parking in front of her home, and now those complaints have been escalated to her clients blocking other people's driveways. Miss Hunt said she questioned the validity of the complaints. She said there is no restriction in the park on visitor traffic. She said she was told she could give massages to other park residents in their homes, which would create parking problems elsewhere in the park because she would have to transport her equipment to other mobile homes. Miss Hurt felt the administrative hearing off- icer's ruling was a fair compromise, and she asked that the Commission uphold his ruling. In answer to a question by Commr. Cross, Miss Hunt said she had told the three people she has given free :passages to since the last hearing to park in her carport. She said only one person is allowed during a massage. Ruth Worley, 3057 South Higuera St., Secretary of the Board of Directors, said a letter was prepared by the management company to Mary Hunt addressing parking and complaints, but it was decl -ded not to sera' t ^-at letter until after this meeting. S ^e said she now felt that dacisl n was did not know about complaints of her clients blocking other residents' driveways. S'-e said more than one person. has been coming to her residence each day, but it could not be determined if they were visitors or clients. She said the management company was trying to prevent attitude or run -down physical conditions that would charge the style of life in the park. Chairman rarleskint closed the public hearing. Commr. Peterson said he supported denying the appeal and upholding the hearing officer's action so that a use permit could be issued to condition the business. He said if a use permit was denied, she could have visitors over, and no one would ever know. Commr. Peterson moved to deny the appeal and uphold,t'.^e hearing officer's action with an added condition that the use permit be reviewed in six-months. Commr. Cross seconded the motion. Commr. Settle said he was always persuaded when 158 people say they don't want something. He expressed concern about enforcement because of the right of privacy. He felt the fundamental issue was people living outside the park coming into the park. He said the park was not designed for having a large volume of traffic. He felt a homeowners association was in a dilemma regarding enforcement if it is allowed to set a standard and municipal government allows an exception. He said it was difficult to revoke a permit. He said any issue regarding imLruprictJ -a- t.:o' ght acainst ctl'!er oa Yt ?C5 ill li�iyatiui: Commr. Cross said h- did not feel the :: is -' -= =- resolved by uViolding the appeal. He said the applicant could provide this service for free without a use permit. He felt it was hard to believe one client per day could cause a significant traffic impact. Commr. Settle felt there would be complications in enforcing a use permit. lie said h6 would rather have the homeowners association than the City involved in enforcement. Commr. Cross felt the mobile home residents would be quick to point out use permit violations. He said he did not have a problem with revoking use permits. Co,unr. Hoffman felt mobile home parks were different than other residential areas. He said some use permits viare issued for hone occupations in R -1 and R -2 neighborhoods that did not allo -w clients to be seen at residences. Commr. Cross said a home occupation message ther =FY Was recently approved on Toro Street which did not requ•iYe and, parking standards. He said use permits prohibiting clients at residences were issued for consultant-type n -'-'•e ocCu_''- tick'=' Commr. Hoffman felt there was not a difference between consultant and massage therapy home occupations in regard to traffic impacts. Commr. Karleskint said he agreed with Commr. Settle- He said he felt uncomfortable in interfering when the City requires +.- 7n•••�:re ecenrig�inne to hive CC &P.�s. :!e said ^? •,:JUld :1Gt a. �. ... -.. ..._ -_ _ .. health, safety, an^ welfare and make the findings regarding compatibility with surrounding uses. He said he disagreed with the hearing officer on his interpretation of what would be considered a "substantial" increase in traffic. He said mobile home parks are not designed for business client use on the site. Commr. Senn said he saw this as a request by someone starting a business and trying to control overhead. He said he was sensitive to both parties. He felt one car would not make a big difference, but-that granting the use permit could set a precedent that could cause future-problems. He said he would like to grant the use permit with an expiration on June 30, 1993, at which time Miss Hunt would have to re -apply for a use permit. He asked if that would be an appropriate action. Cindy Clemens said sunset clauses could be built into use permits, but said that the fee would have to be repaid. Whitney McIlvaine said the use permit fee was $52. Commr..Senn said he felt comfortable with requiring Miss Hunt to pay $52 for a new use permit next June. He believed this approach would require the appellant to meet the objectives of /—/8 the mobile home park, and if she ::ss successful, she Mould tare the business outside her home. Commr. Cross said he understood the CC &Rs could not be used as a reason to deny the permit. Cindy Clemens felt Commr. Karleskint was not using the CC &Rs as the main reason for not granting the use permit. She recommended if the Commission denied the use permit, a finding should be made stating denial was based on traffic and health, safety, and welfare concerns. She said a tie-was no action. VOTING: AYES - Commrs. Peterson and Cross. ._ NOES - Commrs. Senn, Hoffman, Settle, and Karleskint. ABSENT - Commr. Williams. The motion did not pass. Commr. Settle moved to uphold the appeal reversing the hearing officer's action for the reasons stated in the discussion regarding the inability to make the findings of not adversely :rceCtl y he. =1th, safety, and welfare; the aDDrooriateness or the the �,±_�.�`ib'_1 ;C• r�rith tre s'rrr.`unaina proposed location; and _ - - - land uses. Commr. Hoffman seconded the motion. Commr. Karleskint requested that a statement be included in the motion saying that a mobile home park is not suitable for visitation by-clients on a regular basis. Cindy Clemens said that would specify what the incompatibility problem was because of the nature of a mobile home park. She suggested adding the wordings being a mobile home park" after the words "proposed location" in the motion. Commrs. Settle and Hoffman agreed to the added wording. Commr. Cross felt a statement was needed in the motion addressing what makes a mobile home park different than other residential neighborhoods. He said it would be difficult to name street widths as a limiting factor for clients, when those street widths are deemed adequate for residents and visitors. Commr. Settle said one of his concerns was the precedent setting nature in a mobile home park where streets are private and smaller than city streets, where a higher population density exists, and in an area managed by a homeowners association. Cindy Clemens asked if the Commission was concerned about the possibility of a cumulative impact rather than this particular use, and Commr. Karleskint said yes. Commr. Cross felt if cumulative impact was the concern, the issue of a certain percentage of home occupations should be allowed in mobile home parts. The other Commissioners felt that was a separate issue. Commr. Cross said he could not support the motion because one vehicle per day was not a significant impact and he could not make the findings. Cindy Clemens said if that trip was multiplied by each unit, it would be a cumulative impact. She said she believed the Commission was seeing the possibility of a cumulative impact because of the precedent - setting nature of this request. VOTING: AYES - Commrs. Settle, Hoffman, Senn, and Karleskint. NOES - Commrs. Cross and Peterson. ABSENT - Commr. Williams The motion passed. Commr. Hoffman suggested the homeowners association erect a sign indicating that there are pedestrians in the street and that pedestrians have the right of way. The other Commissioners agreed with Commr. Hoffman. ----------------------------------------------------------------- Item S. Planned Development RezJnina Interpretation: A request for an interpretatioVening garding the application for planned development as a mechanism for changing allowed use underlying zones; 1235 Osos Street; 0 zone; San Medical Clinic, applicant. Commr. Williams rejoined the Aeeting. Whitney McIlvaine presented the staff report and explained that staff has indicated to the applicant that a planned development rezoning is not the approp fate mechanism for changing allowed uses in the underlying zo es. She said medical offices are not an allowed use in the cu ent zone. She said City policy - generally favors housing and the containment of office uses. She said staff believes tha an office in residential neighborhood does not conform to the General Plan and has suggested the applicant amend the ap lication to request that the property be rezoned from resident' l.,to office.. She advised that no action can be taken on this roposal, but' asked that the Commission address the interpre ation issue. She said the alternatives available to the Co ission are to find that planned development rezoning is an appr priate mechanism for allowing an office use in a residential z ne under General Plan policies and direct staff to continue rocessing the application as a PD rezoning, or `-a ADMINISTRATIVE HEARING - MINUTES FRIDAY OCTOBER 16, 1992 3057 South Higuera Street #33. Use Permit Appl. A 180 -92; Request for a home occupation permit to allow massage therapy; R- 2 zone, Mary Hunt, applicant. (Continued from September 18, 1992) Whitney Mcllvaine presented the staff report, explaining that this item was continued to allow the applicant time to meet with the Homeowners' Association and to hopefully resolve the various concerns of the Homeowners' Association. She explained that the applicant plans to do primarily off -site massage, and noted that staff has no problems with the use as proposed. Staff recommended approval of the home occupation permit based on standard findings and subject to standard conditions for massage therapy as home occupations. The public hearing was opened. Mary Hunt, applicant, explained that she met with the Homeowners' Association, and they do not support her operating this business from her home. She felt their main concern was with traffic. She stated that she has a regular day -time job and is therefore limited to evening hours for performing massages, and further noted that she had explained to the Homeowners' Association that the majority of the work would be performed away from the home. She said that occasionally there would be circumstances that arise where people cannot accommodate her, and her home would need to be available for those occasional times. Terry Sanville inquired as to the frequency of home visits by clients. Ms. Hunt responded that at a maximum, no more than 10% of her clients would come to the home. She noted that she has been a student of massage therapy since June 15th, and to her knowledge, there have not been any complaints to the park management or her directly that there has been any problems. She said she felt adequate parking is available in her carport for any client visiting the site, and noise is not a factor. Mr. Hunt felt that the Homeowners' Association also had concerns with the frequency of client visits. Ms. Hunt explained that massage therapists are limited as to how many clients they can accommodate in a given time frame. She noted her clients are scheduled two hours apart. She further noted that she does not get home until 3 p.m., and her preference is to have an early evening appointment at a business location, with possibly one client at her home each evening. She then explained that on weekends she targets athletic events, such as the San Luis Triathlon, the Cuesta Biathlon and such, so most of her weekend work would be at sports events. She felt that the maximum she could handle at home would be one client per Evening. / -a/ Administrative Hearing Minutes October 16, 1992 Page 2 Harold Heidler, President of the Chumash Village Homeowners' Association, spoke in opposition to the request. He noted that this issue had been thoroughly discussed at a Board of Directors' meeting, and it was unanimously decided that they could support her business if all clients were seen off -site. He explained that they felt that seeing clients on- site would be inconsistent with the CC &R's and the general attitude of the members of the mobile home park. Mr. Heidler stated that he had submitted a letter stating his concerns at the previous meeting, and presented another letter stating the results of the voting of the Homeowners' Association Board of Directors. He also noted their concurrence with allowing the use if all clients were seen off -site. Terry Sanville asked if topics of discussion at the Board Meeting included the idea of limitations on the frequency of on -site visits,',kr�was %the feeling that any on -site visits were inappropriate. or, Mr. Heidler responded that it was the feeling of the Board that any on -site visits would be unacceptable. He said there have been complaints received regarding parking at this address -- that clients have been parking on the street during this training time. He also noted that there had been a canoe in the driveway, and felt this would create a problem with visitors parking in the driveway. Even if the canoe were moved, Mr. Heidler felt it would be difficult to make clients comply and park in the driveway. He also noted that the driveways (actually carports) are of minimal size. Mr. Heidler felt that there is a noise factor due to the cars and the minimal setbacks in mobile home parks. Mobile homes have thin, metal walls which noise easily penetrates. The more traffic there is in the evening, the louder it will be. He noted that you can hear every car that drives down the street. There are no sidewalks. Ruth Worley, Secretary of the Board of Directors, indicated that, as Ms. Hunt brought up at the Board of Directors meeting, there are others in the park that have home occupation permits. She explained that one of the businesses in particular is already a considerable problem, and they are trying to use "peer pressure" to correct the situation. If this doesn't work, then a complaint will be filed with the city. She also noted that the minute it was known that Ms. Hunt wanted to operate a business out of her home, one resident said they would open a boutique and another said they would open a nail salon. She felt there would be a problem setting a precedent. Ms. Worley noted that the mobile homes are situated close together, and that the majority of the residents are over 55 years of age. They walk in the middle of the street because it is private. o+a Administrative Hearing Minutes October 16, 1992 Page 3 Mr. Heidler indicated that the street are only wide enough to park on one side. Because of this, the park continually pursues no parking on the street, although it's allowed but discouraged. He said he did not want to have to paint one side of the street red to regulate the parking, so they have approached it by monitoring the parking. Mary Hunt indicated that it was her understanding that residents are allowed to have a vehicle parked in the front of mobile home during the daytime hours, and that after 10 p.m. all vehicles must be parked in the carport area. She said she was not aware of any special restrictions during the daytime hours for parking. She admitted that she has visitors that park in front of her mobile home, and until this hearing was unaware of any restrictions regarding parking. Based on her understanding of the restrictions, her clients could either park in the carport behind her vehicle, or park on the street in front of the mobile home, provided they leave by 10 p.m. She further noted that no appointments would be made later than 8 p.m. since they normally run for one hour. There would be no additional vehicles at the site after the time period set forth in the park's guidelines. Doris Sisfi, of space #155, said she moved into the park this past year. She indicated that part of the reason she moved to this park was because it is a retirement park with residents 55 years of age and older, quiet, no strangers and she could feel safe here. She said she does not like the idea of any businesses in mobile home parks. Harold Heidlen said that at one time there was a rule and regulation put out stating no parking after 10 p.m., which was part of an order by the Fire Chief. He said this rule was put there to discourage people from parking on the street, but doesn't really address the total problem. He agreed with Ms. Hunt that there is no rule against parking on the street. He felt it was against the city rules to have parking on both sides because the streets are too narrow. Dodie Williams, 438 Woodbridge Drive, said she thought the primary concern here is precedent. She did not think there would be any objection to granting the home occupation permit, provided it be restricted to off -site client visits. Ms. Williams noted that her blind mother lives in the park and takes walks within the park, and Ms. Williams felt there is a genuine concern for the number of people walking in the park. She indicated that the park does not want a proliferation of businesses to arise in this park. Milberta Wood, of space #69, and concurred with the statements made by Dodie Williams. She further noted this is an adult park and that is the reason she moved there. She felt it would be a detriment to have an pf -site permit issued. Harold Heidlen clarified that the board has no objection to Ms. Hunt having clients within the park, provided she goes to their home. /-013 Administrative Hearing Minutes October 16, 1992 Page 4 The public hearing was closed. Whitney Mcllvaine felt she was hearing some conflicting testimony. She acknowledged concern about establishing this use as a home occupation, but did not feel the permit should be denied simply because of CC &R restrictions (which the city legally cannot enforce) . Terry Sanville said he visited the site and drove around the mobile home park. He felt that mobile home parks, as a residential area, are different in character and standards than single - family neighborhoods, condominium developments or apartment complexes. He felt that, based on the physical layout of the area, the park is not well suited to receiving a substantial number of visitors with the purpose of supporting a home occupation. He felt that the main questions is, what is substantial? Is there any reasonable level that one could be monitored or controlled and not generate noticeable traffic or change the character of the area? His concern was whether or not a level existed that could work well in that physical location, given the layout of the mobile home park. He noted that he reviewed the available parking at the site, as well as within the park, and it appeared that there are no obstructions in the parking bay, and the canoe may be obstructing "easy use" of that area, but two cars could still be accommodated in the area. Terry Sanville approved Use Permit Appl. A 180 -92, allowing a home occupation permit for massage therapy, based on the following findings and subject to the following conditions: Findings 1. The proposed use will not adversely affect the health, safety and welfare of persons residing or working on the site or in the vicinity. 2. The use is appropriate at the proposed location and will be compatible with surrounding land uses. 3. The proposed use conforms to the general plan and meets zoning ordinance requirements. 4. The proposed use is exempt from environmental review. 5. The proposed home occupation meets conditions of the Municipal Code for licensure of massage establishments and massage technicians (SLO M.C. Ch. 5.56) . /Vt� Administrative Hearing Minutes October 16, 1992 Page 5 Conditions 1. The business will be conducted entirely inside without altering the appearance of the house, grounds, or adjacent buildings. 2. There will be no sales or displays on the premises. 3. There will be no signs other than address and name of residents. Those signs will meet the requirement for the R -2 zone. 4. There will be no advertising which identify the home occupation by street address or location. 5. The home occupation will not encroach on any required parking, yard, or open space (parking space in a garage is normally required parking). 6. The home occupation will not create noise, dust, vibration, smell, smoke, glare, electrical interference, or other hazard or nuisance. 7. No employees other than residents of the home will be allowed. 8. Clients or customers shall not be scheduled after 8:00 p.m. or before 7:00 a.m. 9. Appointments shall be scheduled so not more than one client vehicle at a time is parked at the premises. All patron parking is to be located in the carport area. 10. Patron appointments shall be limited to one per day. Terry Sanville explained that his decision is final unless appealed to the Planning Commission within ten days of the action, and that an appeal may be filed by any person aggrieved by the decision. / rA'45� RECEIVED ChumasM Village OCT , 61992 October 16, 1992 E7tit� -g /U ��U x Lt Zoning Officer e City of San Luis Obispo r ci, ors -/�L RE: Application for Home Occupation Permit to engage in message therapy, by Mary Hunt, Space 33, Chumash Village Mobilehome Ioh/, Park. Application A- 180 -92 ` We refer to the statement presented by Harold Heidler, President of Chumash Village Homeowners Association. on September 18, 1992, when this matter first came up for hearing. That statement dis- cussed the policy of strict residential occupation of our condo- minium, the pattern of pedestrian usage of our streets, and parking conditions in Chumash Village. Under the zoning regulations of the City of San Luis Obispo, this condominium has R -2 zoning. At a General Meeting of the Board of Directors on October 3, 1992, the Board voted unanimously to recommend that the applicant be given an off -site permit only. There are other Home Occupation Permits in Chumash Village and most permit holders adhere to the City regulations governing the permits. In cases where permit holders appear to be b=eaci.iing the rules, the residents of this condominium have and are working to gain compliance, first through peer pressure, and then by reporting alleged violations and resulting problems to the City. An effort is made to avoid and eliminate on -site business operations and to maintain this condominium mobilehome park as strictly residential. At the Board meeting on October 3, several residents expressed the desire and support of this policy. If the City were to now grant a permit for Ms. Hunt to operate a business within the boundaries of the condominium, we feel it would set a precedent that would be very detrimental to the residential cen.cept and its occupants. One on -site permit granted by the City would quickly be followed by applications for numerous commercial activities, and the quiet, safe atmosphere of our senior residential area would be eroded. We, the Board of Directors and the residents /owners of Chumash Village homeowners Association, respectfully request that Ms. Hunt be granted an off -site permit only for her massage therapy business. Harold Heidler, President Ruth W. Worley, cretary Chumash Village Homeowners Assn. 3057 South Higuera Street / Son Luis Obispo, Californio 93401 / (805) 543 -4272 —0210 September 18. 1992 TO: City of San Luis Zoning Hearina Officer FROM: Harold Heidler. President Chumash Village Mobile Homeowners Association RE: Use Permit Appl:caiion A 180 -92: Request for a home occupation permit to allow massage therapy,; R -2 zone; Mary Hunt. applicant. Chumash Village is a senior citizen. condominium development with pri- vately owned streets and no sidewalks except near the clubhouse. In the Rules and Regulations. Article 7. Paragraph 3. it states: Drivers of vehicles. motorcycles and bicycles must obey the traffic signs and speed limits in the Park. Pedestrians shall have the right of way. Many of the residents. by their doctor's orders, do a lot of walking on our streets. Some of them are hard of hearing and ha•re other handicaps. Residents of the park are used to the right -of -way factor for pedestri- ans. Strangers in the park would not be aware of this rule for our development. We try to limit auto parking on the streets so that the pedestrians do not have to walk in the middle of the street around parked cars which increases the danger of them being hit by a moving vehicle. There would also be more noise in the park from cars driving to her place of business. This is a problem in a mobile home park due to the fact that their is no setback for the homes which are on small lots and street noise is much more noticeable in our park than in other residen- tial areas. Our CC b R's were written to protect the owners from this type of spe- cial use permit. Article VII. USE RESTRICTIONS, Item 7.1 reads as follows: No Mobilehome Space shall be occupied and used except for residen- tial purposes by the Owners, their tenants, and social guests, and no trade or business shall be conducted except a residential Hobilehome Space, to the extent that tenants are permitted in the Project. may be used as a combined residence and executive or pro- fessional office by the Owner thereof, so long as such use does not interfere with the quiet enjoyment by other residential Mobile home Spaces. My understanding is that these CC 6 R's were accepted by the City of San Luis Obispo. Due to the foregoing. and the fact that many residents have contacted me with their concerns. I believe this special use permit should be denied. /-0 17.08.040 Home occupation. A. Intent. The provisions set forth in this section are intended to allow the conduct of home enterprisesw•hich are incidental to and compatible with surrounding resi- dential uses. A "home occupation" is gainful employ- ment engaged in by the occupants of a dwelling. B. Permit Required. 1. 'lire conduct of home occupation requires the ap- proval of home occupation permit by the director, who may establish additional conditions to further the intent of this section. A permit is required when a person does business in his /her home. Home occupations may be conducted from dwellings located in residential zones or from dwellings located in commercial zones where dwellings are an allowed or conditionally allowed use. A public notice shall be posted at the site of each pro- posed home occupation. If anyone informs the commu- nity development department of question or objection concerning the proposed home occupation within five days of the posting, the director shall schedule a hearing for the application as provided for administrative use permits. If no questions or objections are received by the communiry development department within five days after posting, the director may issue the permit upon submission of all required information and without fur- ther notice or public hearing. 2 State licensed child day care centers for six or fewer children are exempt from home occupation regulations (see state Health and Safety Code, Section 1529.5). C. General Requirements. 1. Home occupations shall not involve frequent cus- tomer access or have other characteristics which would reduce residents, enjoyment of their neighborhoods. The peace and quiet of residential areas shall be main- tained. 2. Activities shall be conducted entirelywithin the d%vell- ina unit or an enclosed accessory building, and shall not alter the appearance of such structures. (Horticultural activities may be conducted outdoors.) 3. There shall be no sales, rental or display on the prem- ises. 4. There shall be no signs other than address and names of residents. S. There shall be no advertising the home occupation by streetaddress except that street address maybe included 1'_ on business cards business correspondence origi- nating from the horue. 6. No vehicle larger than a three - quarter -ton truck may be used in connection with a home occupation. 7. The home occupation shall not encroach on any re- quired parking, yard or open space area. S. Parking forvehicles used in connection with the home occupation shall be provided in addition to parkin; required for the residence. 9. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifica- tions of the premises, noruse utilities in amounts greater than normally provided for residential use. 10. No use shall create or cause noise, dust, vibration, smell, smoke, glare, or electrical interference, or other hazard or nuisance. 11. No employees other than residents of the dwelling shall be allowed. (Babysitters or domestic servants are not considered employees of a home occupation.) 12. Cl'ents or customers s:`.:.1: - *,he lion between the hours of ten p.m. and seven a.m. 13. If the home occupation is to be conducted in rental property, the property owners autorization for the proposed use shall be obtained. D. Prohibited Uses. The following uses by their opera- tion or nature may interfere with residential welfare and diminish the convenience intended for commercial zones. and therefore shall not be permitted as home occupa- tions: 1. Automotive repair (body or mechanical), or detailing, upholstery or painting of automobiles. 2. Barber or beauty shop; 3. Carpentry or cabinet making; 4. Welding or machining; 5. Medical offices, clinics, laboratories: 6. Child care of more than six children or instruction for more than three school -age children or adults at one time (not counting residents of the home); 7. Appliance, radio or television repair, 1`0 6.14 Exemption from Assessments. All property dedicated to, and accepted by, a local public authority or public agency shall be exempt from the assessments created herein. However, no land or improvement devoted to dwelling use shall be exempt from said assessments. Exc e rp-Ls {ro rn CDutrn ash G C. � 1\ • S ARTICLE VII USE RESTRICTIONS In addition to all-of the covenants herein contained, the use of the property and each Mobilehome Space therein is subject to the following: 7.1 Condominium Use. A. No Mobilehome Space shall be occupied and used except for residential purposes by the Owners, their tenants, and social guests, and no trade or business shall be conducted except a residential Mobilehome Space, to the extent that tenants are per - muted in the Project, may be used as a combined residence and executive or professional office by the Owner thereof, so long as such use does not interfere with the quiet enjoyment by other residential Mobilehome Space Owners of their Mobilehome Spaces. No tent, shack, trailer, basement, garage, outbuilding, or structure of a temporary character shall be used at any time as a residence, either temporarily or permanently. No Mobilehome Space or Mobilehome Spaces or any portion thereof, including the Mobilehomes situated thereon, in the Project shall be leased, subleased, occupied, rented, let, sublet, or used for or in connection with any timesharing agreement, plan, program, or arrangement, including without limitation, any socalled "vacation license ", "travel club ", "extended vacation'.', or other membership or timeinterval ownership arrangement. The term "time- sharing" as used herein shall be deemed to include, but shall not be limited to, any agreement, plan, program, or arrangement under which the right to use, occupy or possess the Mobilehome Space or Spaces or any portion thereof, r including the Mobilehome situated thereon, in the Project rotates among various persons, -31- Icg L. --.AOOOWP--y 9 KIM p SPEED LIIAIT 47 15 MPH 4 ---Now LAi - ke, ,3a6- 7 let / 4,c< . -j3 November 24, 1992 San _Luis Obispo City Counsel 990 Palm Street San Luis Obispo, CA 93401 Attn: To whom it may concern Subject: Business license for Mary Hunt Ms. Hunt has informed me that her previously approved business license which was modified to allow one business client per day has been appealed by the home owner's association of Chumash Mobile Home Park. I believe that the modified business license granted to Ms. Hunt is a fair compromise for both parties. The residences at Chumash Mobile Home Park should not be impacted by the business license as stated. Ms. Hunt is not the type of person that would take advantage or abuse the permission of conducting part time business out of her home. I have known Ms. Hunt for over 8 years and would highly recommend her character and trustworthiness. Ms. Hunt is an upstanding citizen and your City should be proud to have her. In today's hard economic times evidenced by businesses cutting staff and expenses it is essential for families to be creative in how they make ends meet. Respectfully,� % *G: M. Bland cc Ms. Mary Hunt 1 NOV 3 u 1992,,11 V! 1 V L'LtNI.. SAN L.�:S vbISFU. c.., VV /-3l Im Bank )f America R. A. Warren Vice President and Manager San Luis Obispo Office City Council San Luis Obispo December 7, 1992 C: Covrtc,L� f}. JpnaS L°iry C�-ERK This letter is being written to express my support for Mary Hunt and to request that you approve Mary in her application for a use permit for massage therapy. My association with Mary has been as her supervisor during a portion of her 12 years with Bank of America. I have observed her for several years as she successfully managed a credit portfolio of over $10 million dollars. She is a responsible, trustworthy, and very professional person. These same qualities can now be seen applied to her current position as a teacher and in her massage work as well. I feel her recent work in massage therapy will be very beneficial to our community. On referral from my chiropractor, I have received competent and restorative therapeutic work from her on several occasions. The special condition of one client per day is a reasonable and fair solution to her mobile home park setting. I strongly encourage you to approve her permit and give her the opportunity to show you that the limited work from her home can successfully blend with the park area. From past experiences with Mary, I have complete confidence that she will be able to show how this can be a positive situation for all concerned. Sincerely, R. A. Warren Vice President and Manager Bank of America Nal 11 05 Higuera Street a C DEC 14 1992 SAN Lt S OB /SPOJ Cq ional Trust and Savings Association Box 731 San Luis Obispo, California 93401 �IAz G: CounGtJ.. 4. :son a s City C/erk December 8,1992 City Council 990 Palm street San Luis Obispo, CA. 93401 Re: Approval for use permit/Mary Hunt I have known Mary Hunt both professionally and as a friend for the past 5 1/2 years. Her work as a massage therapist is a beneficial extension of her extensive knowledge and experience in the Physical Education field. For a person like me who suffers from High Blood Pressure and Diabetes, she has brought endless hours of support and encouragement in my own development for a healthier lifestyle. She is the best trainer and certified Aerobic Instructor I ever had. I am writing this letter in support of her application for a conditional. permit as originally approved by the planning commission. I am sure that allowing her to have one client per day will have no adverse effect on the other residences of Chumash Village Park. I visited the Park more than once and I feel there is more than adequate parking available for one client per day. With unlimited visitors allowed in the park, I fail to see how one single vehicle a day can have a negative impact to such an unrestricted park setting. Mary is a mature, hard working, and reliable person. I feel that she should be given the opportunity to show how professionally she can follow the conditions of a permit. Emile E. Attala, Ph.D. 1667 El Cerrito Ct. San Luis Obispo, CA 93401 FYT RFce, C 1413 C4 1-93 RECEIVED NOV 3 0 1992 Cffy NmNaLOPSMEMD1r City of San Luis Obispo - To Whom It May Concern: My name is Doreen D'Amico. I reside at 3057 S. Higuera, Space #32. Miss Mary Hunt, Space #33, is appealing a decision of the Planning Commission to not grant her a business license to operate a massage therapy clinic, from, and in, her home. I feel very strongly, that if such a license was granted, it would invade my privacy and the quiet enjoyment I now have. Nfi&s Huds ggporl is no further than four feet from my norch which i uge freauentty: Added trafc to tine arza would be hard to ignore. I chose Chumash Village with great care for my retirement years. The lack of noise and heavy traffic played a great deal in my decision Having a business next door, no further than a stone's throw away, is invading my privacy. I truly hope the council will uphold the previous decision of "No." We are a community of retired citizens who, having worked hard, deserve the right to live in Chumash Village without the added worry of extra traffic and businesses opening in the park. Doreen. M. D'Amico November 29, 1992 -may L 3� yam= 1-v/ ueluud %� o omp0 48613 a a 1 uvu O[ .SNss�xdWI IS [� ZWh acrd 9ea�t lUillard `��� y �9oZ ccr /-3S ju AJ, /f 3 ds7- 7 �ECEVV tLi Nov 1 ? 1592 CITY OF SAN LUIS OBISPO 'rVMUNVTY DEVE' r-qrb - r /-3 b " r Chumash Village November 1992 The undersigned residents of CHUMASH VILLAGE MOBILEHO14E PARK are opposed to the City of San Luis Obispo authorizing Home Occupation Permits that increase traffic and /or parking on our privately owned and maintained streets. Chumash Village is a condominium residential area for persons over SS years of age. Many handicapped senior citizens live here, and they walk the streets for exercise. We have very few sidewalks, the streets are nsrr:,w, and park rules give pedestrians the right of way on the streets. The senior residents of Chumash Village need a special, controlled place to live. Please do not force us to install a gate and guard at the entrance to our private property; we can ill afford it. Please do not take actions that will disrupt our lives. We will appreciate it if the City of San Luis Obispo would keep a copy of this petition on file for future reference. Resident r A'w'-I .l Space $ 19L. i .'_v Iii • � � Resident Space # is �� :1-4 . J �,5 Z All personSsigning this petition reside at the following address: 3057 South Higuero Street / San Luis Obispo, California 93401 / (805) 543 -4272 31 0 Chumash Village November 1992 !3 The undersigned residents of CHUMASH VILLAGE MOBILEHOME PARK are opposed to the City of San Luis Obispo authorizing Home Occupation Permits that increase traffic and /or parking on our privately owned and maintained streets. Chumash Village is a condominium residential area for persons over 55 years of age. Many handicapped senior citizens live here, and they walk the streets for exercise. We have very few sidewalks, the streets are narrow, and park rules give pedestrians the right of way on the streets. The senior residents of Chumash Village need a special, controlled place to live. Please do not force us to install a gate and guard at the entrance to our private property; we can ill afford it. Please do not take actions that will disrupt our lives. We will appreciate it if the City of San Luis Obispo would keep a copy of this petition on file for future reference. Re 'dent apace r /, ide at the following address: 3057 South Higuero Street / San Luis Obispo, California 93401 / (805) 543 -4272 x Chumash Village November 1992 The undersigned residents of CHUMASH VILLAGE MOBILEHOME PARK are opposed to the City of San Luis Obispo authorizing Home Occupation Permits that increase traffic and /or parking on our privately owned and maintained streets. Chumash Village is a condominium residential area for persons over 55 years of age. Many handicapped senior citizens live here, and they walk the streets for exercise. We have very few sidewalks, the streets are narrow, and park rules give pedestrians the right of way on the streets. The senior residents of Chumash village need a special, controlled place to live. Please do not force us to install a gate and guard at the entrance to our private property; we can ill afford it. Please do not take actions that will disrupt our lives. We will appreciate it if the City of San Luis Obispo would keep a copy of this petition on file for future reference. Resident Space # Resident ss2ace # All personfsigning this petition reside at the following address: 3057 South Hiauera Street / Son Luis Obispo, Colifornio 93401 / (805) 543 -4272 ... .....�_.�....._..._ ..... ........... _.... ... _.. .. November 1992 The undersigned residents of CHUMASH VILLAGE MOBILEHOME PARK are opposed to the City of San Luis Obispo authorizing Home Occupation Permits that increase traffic and /or parking on our privately owned and maintained streets. Chumash Village is a condominium residential area for persons over 55 years of age. Many handicapped senior citizens live here, and they walk the streets for exercise. We have very few. sidewalks, the streets are narrow, and park rules give pedestrians the right of way on the streets.. The senior residents of Chumash Village need a special, controlled place to live. Please do not force us to install a gate and guard at the entrance to our private property; we can ill afford it. Please do not take actions that will disrupt our lives. We will appreciate it if the City of San Luis Obispo would keep a copy of this petition on file for future reference. Resident i r 4 i i Space # Resident S2ace # �. 7 lza All personSsigning this petition reside at the following address: 30.57 South Higuera Street / San Luis Obispo, California 93401 / (805) 543 -4272 C-L Chum'ash Village November 1992 The undersigned residents of CHUMASH VILLAGE MOBILEHOME PARK are opposed to the City of San Luis Obispo authorizing Home Occupation Permits that increase traffic and /or parking on our privately owned and maintained streets. Chumash Village is a condominium residential area for persons over 55 years of age. Many handicapped senior citizens live here, and they walk the streets for exercise. We have very few sidewalks, the streets are narrow, and park rules give pedestrians the right of way on the streets. The senior residents of Chumash Village need a special, controlled place to live. Please do not force us to install a gate and guard at the entrance to our private property; we can ill afford it. Please do not take actions that will disrupt our lives. We will appreciate it if the City of San Luis Obispo would keep a copy of this petition on file for future reference. Space # Resident Space 3 _,5 64 �Z- - - - -- �2 All personfaigning this petition reside at the following address: 3057 South Higuera Street / Scan Luis Obispo, California 93401 / (805) 543 -4272 zo j ChumasA Vi I l age November 1992 The undersigned residents of CHUMASH VILLAGE MOBILEHOME PARK are opposed to the City of San Luis Obispo authorizing Home Occupation Permits that increase traffic and /or parking on our privately owned and maintained streets. Chumash Village is-a condominium residential area for persons over 55 years of age. Many handicapped senior citizens live here, and they walk the streets for exercise. We have very few sidewalks, the streets are narrow, and park rules give pedestrians the right of way on the streets. The senior residents of Chumash Village need a special, controlled place to live. Please do not force us to install a gate and guard at the entrance to our private property; we can ill afford it. Please do not take actions that will disrupt our lives. We will appreciate it if the City of San Luis Obispo would keep a copy of this petition on file for future reference. Resident Space R ,j- .4v�� -c 7 1G 117- X84 Z/ ►�/!�� -�Mo4u-- 1 �6( All personSsigning this petition reside at the following address: 3057. -South Higuero Street / Son Luis Obispo, California 93401 / (805) 543 -4272 _ 2 _a 7 X Chumash Village November 1992 The undersigned residents of CHUMASH VILLAGE MOBILEHO14E PARK are opposed to the City of San Luis Obispo authorizing Home Occupation Permits that increase traffic and /or parking on our privately owned and maintained streets. Chumash Village is a condominium residential area for persons over 55 years of age. Many handicapped senior citizens live here, and they walk the streets for exercise. We have very few sidewalks, the streets are narrow, and park rules give pedestrians the right of way on the streets. The senior residents of Chumash Village need a special, controlled place to live. Please do not force us to install a gate and guard at the entrance to our private property; we can ill afford it. Please do not take actions that will disrupt our lives. We will appreciate it if the City of San Luis Obispo would keep a copy of this petition on file for future reference. Resident Space # %5-- 1aS /13 i Reside ht Space # Z All personSsigning this petition reside at the following address: 3057 South Higuero Street / Son Luis Obispo, California 93401 / (805) 543 -4272 _ k ,Z. Z Chumash Village November 1992 The undersigned residents of CHU14ASH VILLAGE MOBILEHOME PARK are opposed to the City of San Luis Obispo authorizing Home Occupation Permits that increase traffic and /or parking on our privately owned and maintained streets. . Chumash Village is a condominium residential area for persons over 55 years of age. Many handicapped senior citizens live here, and they walk the streets for exercise. We have very few sidewalks, the streets are narrow, and park rules give pedestrians the right of way on the streets. The senior residents of Chumash village need a special, controlled place to live. Please do not force us to install a gate and guard at the entrance to our private property; we can ill afford it. Please do not take actions that will disrupt our lives. We will appreciate it if the City of San Luis Obispo would keep a copy of this petition on file for future reference. Space # �3 �o 11,3 Resident Ll Space // # Z. 67 7 Gs 71 All pe4rnfsigning his petition reside at the following address: J 3057 South Higuera Street / San Luis Obispo, California 93401 / (805) 543 -4272 I Chumash Village November 1992 2Z The undersigned residents of CHUMASH VILLAGE MOBILEHOME PARK are opposed to the City of San Luis Obispo authorizing Home Occupation Permits that increase traffic and /or parking on our privately owned and maintained streets. Chumash Village is a condominium residential area for persons over 55 years of age. Many handicapped senior citizens live here, and they walk the streets for exercise. We have very few sidewalks, the streets are narrow, and park rules give pedestrians the right of way on the streets. The senior residents of Chumash Village need a special, controlled place to live. Please do not force us to install a gate and guard at the entrance to our private property; we can ill afford it. Please do not take actions that will disrupt our lives. We will appreciate it if the City of San Luis Obispo would keep a copy of this petition on file for future reference. Resi nt Space # 7 q7 4 i0i "Pi- ,F, 73_ Resident SS2ace # W6 I � _ Lip__ JM�ORATAWZA! r LAY / / I I All personfsigning this petition reside at the following address: 3057 South Higuero Street / Son Luis Obispo; Colifornio 93401 / (805) 543 -4272 .0 Chumash Village November 1992 0 The undersigned residents of CHU14ASH VILLAGE MOBILEHO14E PARK are opposed to the City of San Luis Obispo authorizing Home Occupation Permits that increase traffic and /or parking on our privately owned and maintained streets. Chumash Village is a condominium residential area for persons over 55 years of age. Many handicapped senior citizens live here, and they walk the streets for exercise. We have very few sidewalks, the streets are narrow, and park rules give pedestrians the right of way on the streets. The senior residents of Chumash Village need a special, controlled place to live. Please do not force us to install a gate and guard at the entrance to our private property; we can ill afford it. Please do not take actions that will disrupt our lives. We will appreciate it if the City of San Luis Obispo would keep a copy of this petition on file for future reference. Resident Space # J G_ �j iii +I 4i-y,. Resident Space # All personfsigning this petition reside at the following address: 3057 South Higuero Street / Son Luis Obispo, California 93401 / (805) 543 -4272 U .. .. Chumash Village November 1992 The undersigned residents of CHUMASH VILLAGE MOBILEHOME PARK are opposed to the City of San Luis Obispo authorizing Home Occupation Permits that increase traffic and /or parking on our privately owned and maintained streets. Chumash Village is a condominium residential area for persons over 55 years of age. Many handicapped senior citizens live here, and they walk the streets for exercise. We have very few sidewalks, the streets_ are narrow, and park rules give pedestrians the right of way on the streets. The senior residents of Chumash Village need a special, controlled place to live. Please do not force us to install a gate and guard at the entrance to our private property; we can ill afford it. Please do not take actions that will disrupt our lives. We will appreciate it if the City of San Luis Obispo would keep a copy of this petition on file for future reference. Resident Space # Resident Space # zz . �v.,. ire All personSsigning this petition reside-at the following address: 3057 South Higuera Street / San Luis Obispo, California 93401 / (805) 543 -4272 e Richard Rappert Locksmith Larry Stabler landscape maintenance Dr. Norma Spry Minister Brian Harvey Contractor Joseph Reynolds Haz. Mat. Consulting Larry Ridenour .Computer program /consult James Vasquez Bookkeeping /Computer Svice Cy Robinson Handyman Lupe Hahn silk Flower Arrangements .16th �A L�� / 0 ANA fx AGENDA DATE #84 D ... S-173 ITEM # 3/5/91 #220 8/19/88 #231 12/17/90 A pmvec, 6me OC6"Pa4ci 10/19/91 Chvmash V1,110-5e #168 M061lehome Fc3k 4/26/90 #92 8/18/89 #92 8/1/89 #183 5/16/89 #217 10/6/.87 mq AV m RECEIVED ❑M: JAN 5 1993 o D'wn� CITY COUNCIL 0 ❑ f-IREC i ❑ FIREC[ -;gyp SAN LUIS OBISPO, CA 77Uy Q FWDUL ❑ � o POu� �� CRFADFU ❑en nro To City Council,Citiy of San Luis Obispo, Cali�NGENDA / DATE _1�SITE� Regarding Permit for Mary Hunt,massage Therapist. As stated under Issues,Traffics I am a resident of Chumash Mobile Park, and I personally see no prob- lem with Mary Hunt's business creating any traffic increaset as she plans to have only an occasional patient recieve therapy at her home. I understand, from her, that the majority of her patients will have their treatments done in their own homes, so I believe there will be no problem with more traffic here . We have wide streetst32 feet is wider than the average mobile park street. CC &R's: I cannot concieve of any noise or interfereence from her busin — - ess,which would conflict with anyone's "quiet enjoyment ". Misperceptions Mr. Heidler referred to Mrs. Hunt's business as a "Massage Parlor" at a Board meeting I attended.Ita bad aspersion on Mrs. Hunt's acct - ivities in her business, and caused many people to think it would be a totally "different" sort of business. I would like to ask that the permit for Mary Hun approved, One of the Chumash Mobile Park residents= ✓1n , Mary A.' Bauip'�, and LeRoy L. Baum z be re- instated,or COPlE M: la Caa� CDDDIR C?fZO FIR DIR o ❑ PmFaMP o i❑ FW DIR. s ❑ Pouaal. ❑ MCMT.TEAM ❑ F.ECDIE. �CREADFILE ❑ %P _ J oAe- RECEIVED AN - 5 1993 LUIS OSMPO. CA MEETING AGENDA DATE i--- 9. ITEM # C3 pDenotes Action. ❑ F17 CAO F�ATD DIR ACAO O � CNEF E ED C. uCEa-t 0 MCMT TEAM CJ PEC DIR. CREADFax ❑ LD7R & S �r sw•8 San WS Obispo, CAD, 95 83401 MEE,n* MEI ff DATE - o eeAl f AI I f ol JAN - 4 1993 CITY CLERK-- — SAN LUIS OBISPO, CA coundi CDD DUL CAO U FIRDIFIL ACAO FIRECHIU ATroiuqEy CUMK/OPIG. ❑ POUCECK Mcgril .T&WO-F C READ FHX ❑ UTILDM MOOG AGENDA December 23, 1992 The City Council 990 Palm Street San Luis Obispo, CA 93401 ATTENTION: Council Members SUBJECT: Mary Hunt - Use Permit Issuance CGP rI'S.' TO: A ❑' Denotp eon ❑ FYI G=ndl CDD DI1 O P> ❑ FIN. DIX L-d ACAO ❑ q F FW DIP, Q POLICECH 7/%J-zc&i El P.Ec DI1 ❑ .0 AF Ci T. ❑ UM 011 V Fill With this letter I hope to clarify certain areas and give supporting material as to why the Council should approve the issuance of a conditional use permit for massage therapy from my home. As a student of massage therapy since June 15th, 1992 I have been giving free massages on a limited basis in my home. I feel there have been no adverse effects to the Chumash Mobilehome Park or to my neighbors from this activity. Not until I filed for my use permit did allegations about parking arise. At the first hearing reference was made concerning parking in front of our homes. Our streets are slightly narrower and we do have a rule where we do not park on the street after 10:00 p.m. It is common practice to park on the street during the day. I wrote a letter to the HOA to clarify this rule and have not received a response. During the second hearing these allegations were changed and thus stated that my visitors were blocking the carport areas of my neighbors. You will find attached statements from both adjacent neighbors that this has never occurred. The home directly across from me has been vacant for more than a year and a half. I have reviewed the park's file in the main office and there are no written complaints from neighbors for the entire eleven years I have lived in the park. Again I wrote the HOA requesting written support of these allegations or a statement of retraction. No response has been received as of this writing. It can clearly be seen that these parking complaints are false. The HOA shows concern for traffic levels in the park. We are allowed an unlimited number of visitors and service vehicles to come to our home. It has already been stated by the HOA that they would not be able to distinguish between a visitor to my home versus a client. Whether I have ten visitors to my home or nine visitors and one client the effect is the same. The HOA welcomes my services for the residents -of the park. I would have the same effect on the park by loading up my equipment and driving to their home to provide a service as they or any other client would have if they came to my home for this service. In the first situation the traffic impact is acceptable but in the second identical situation it is not. There is a clear contradiction of standards by the HOA. REG EIVED DEC 2 4 1992 CITY CLERK eeu i t nR nSISPO. CA The City Council December 23, 1992 Page two Lastly, a petition has been provided by the HOA. After the circulation of this petition I received over five phone calls from park residents asking me if I was aware of the innuendos expressed as this was circulated. I had already heard firsthand such remarks from the president of the HOA. I attended an HOA meeting to request support in the issuance of my use permit. At the close of the discussion concerning my permit the president clearly referred to my work as "massage parlor ", laughed a little and then corrected his usage to massage therapy. I found his remarks insulting and very unprofessional. I feel this same attitude was carried over as he circulated the above mentioned petition. I contend that for almost five and one -half months I have done free massage work on a limited basis from my home with no adverse affects to the park or my neighbors. I feel a reasonable compromise was reached between the views of myself and the HOA when the planning commission officer approved my use permit and limited contact to one client per day. I strongly encourage you to uphold the original approval. I feel it clearly reflects both parties' viewpoints and fairly applies the guidelines for a use permit. Allow me an opportunity to show that I can follow these conditions at no additional impact to the residential area. Sincerly, Mary Hunt 3057 S. Higuera, Space 33 San Luis Obispo, CA 93401 541 -4995 cc: Planning Commission Attachments STATEMENT OF FACT As owner of Space # -3 y/ , my carport area has never been blocked by any visitors to Mary Hunt's home at Space #33 in Chumash Mobile Home Park. Date: /.2 -� / ��� f2 Signature: Address: Phone: �' STATEMENT OF FACT As owner of Space # J � . , my carport area has never been blocked by any visitors to Mary Hunt's home at Space #33 in Chumash Mobile Home Park. Date: Ili Signature: ✓40- Ad ress: , 3d57. .' .s Do 61,4 LZS / Phone: No 1:74 .n s 10 19-:1, cj� G,WS 6/dGrCrr�C r„[ Gf9rC d� /� nAd[ SED '-s l �-� Gor -�k J h A ✓ 5769 T4 / N CA u rn a s �A•e,� ,�,e� MiG AGENDA DATE ITEM # December 18, 19 City Council City of San Luis Obispo Box 8100 San Luis Obispo, CA 93403 -8100 Dear City Council, COMINTO: ❑ • Dawto Aeon ❑ FYI a- C=mdl d CAO C'CDDDUL ❑ FN. DIR. QKACAO 12'ATTORNEY ❑ FIRE CHIEF ❑ FW DUL CLERK/ORIC. MGMT. TEAM ❑ READFILE �TT. ❑ POLCCE CH ❑ REC. DIR. ❑ IMLDUL Cff' Rig I apologize for not being about to attend the hearing for Mrs. Hunt, I have recently had back surgery and am not able to get around easily yet, Mrs. Hunt is asking for a City Permit to practise her profession, massage therapy, out of her home in Chumash Village and as she has previously stated, the bulk of her work will be elsewhere in the city. The President of the Board of Directors of Chumash Village called her profession a "massage parlor," I consider these words a gross misrepresentation of a viable, necessary and acceptable profession. You may know that many medical doctors recommend message therapy for their patients. Mrs, Hunt came to my house not long after I was out of the hospital and gave me a message that was recommended by my doctor. As a Licensed Vocation Nurse I think her work is above reproach. I have absolutely no objections to her continuing her profession in our community. I ask you to please authorize Mrs. Hunt's request to continue her work as a massage therapist. Many people can benefit from Mrs. Hunt's skills, We are in a recession and work is not easy to come by. When a person has a skill and is able to perform it as a benefit to many people, I say let her do it. Thank you. RECEIVEO DEC 2 91992 CITY CLERK SAN LUIS OBISPO, CA Sincerely yours, c Lorraine Davis, Vice- .President of the Board of Directors of Chumash Village 3057 So, Higuera No. 134 San Luis Obispo, CA 93401 December 23, 1992 City Council -San 990 Palm Street San Luis Obispo, Luis Obispo Ca 93401 Dear Council Members, 6 -tTING AGENDA DATE �_ ITEM # = COFIIN TO: Duo es Ac on,,.,/ FYI Z CDD DIR CAO ACAo ❑ nw. DIR rirECHIEF /ATTOR7— CLcRK /O?,IG• ❑ FIV DIR. O MGMT.T POLICE CH =1+qq CyIZEgD FIL rJ P EC. DIR Q 'T,L DIP, _l Or1 �'�C This letter is in regard to the use permit for Massage Therapy requested by Mary Hunt. Mary would like to use her home, located in the Chumash Mobile Home Park, for her place of business. I believe it should be explained at this time that massage therapy is a valid form of therapy. A massage can take from 1 1/2 hours to 2 hours, massages are usually not done one after another. There needs to be time to rest, since an great amount of energy is expended. While receiving my use permit from the planning department, Mary was also trying to receive hers. A gentleman from the Chumash Home Owners Association spoke against the permit stating a concern about more traffic in the park and parking problems. Having visited Mary on several occasions for massages, there was not a problem with parking; she requested I park in her carport. Mary will be working away from home starting in January. I doubt that any of the residents in the park will notice a change in traffic flow by an occasional massage client. I understand the-concerns of the residents for their park; but, I also know they will see no marked changes in the traffic or parking. I would like to point out, at this time, that during the planning hearing the gentleman for the park-made the comment that Mary was more than welcome to do massages on the residents in the park. I wonder what was meant by that comment? She would need to use her car to transport the necessary equipment, where will she park? RECEI V EU DEC 2 � 199 CITY COUNCIL SAN LUIS OBISPO, CA Thank you for your time and I hope you will consider this request seriously. Mary is quite serious about her massage work. Give her the opportunity to use the skills she worked so hard to achieve. Sincerely, Rayleen A. Wight C.M.T. MICHAEL S. KROUT A LAW CORPORATION ATTORNEY AT LAW 1264 HIGUERA STREET P.O. BOX 1028 SAN LUIS OBISPO, CALIFORNIA 93406 805/544 -2137 TELECOPIER 805/544 -2111 December 17, 1992 Members of the City Council City Hall P.O. Box 8100 San Luis Obispo, CA 93403 -8100 MEETING AGENDA DATE 1 .ITEM # RE: Resolution No. 51.15 -92 Mary Hunt, Application No. A- 180 -92 Dear Honorable Members of the City Council: COPIZ TO: ❑' of Action ❑ FYI �� ICDD DIR i CAO ❑ FIN. Dip, [�ACAO ❑ FIRE CHIEF TTCdtNiY ❑ FWDIR. Id CLE!iK /O ?,IC. ❑ POLICE Cfi ❑ MGM?: TE %A4 acw READ FILE - T.r_ l' I am a resident of the City of San Luis Obispo and am acquainted with the applicant, Mary Hunt. Ms. Hunt has served as a volunteer masseuse for the Cal Poly Bicycle Club, and at various local athletic events including triathalons and bicycle races. I am myself an avid bicycle rider and I also row a single scull. Ms. Hunt has provided me with the benefits of her abilities in the area of therapeutic massage, on a gratuitous basis, when I have been sore or pulled a muscle following a race. Although I would like to compensate Ms. Hunt for the very beneficial therapy which she provides, I am not able to do so due to the zoning restrictions. I do believe that Ms. Hunt has great ability and she would like to be able to use this ability on a very limited commercial basis in her home. I would strongly urge each of the Members of the City Council to permit her a limited home occupation with such reasonable restrictions as may be necessary to protect the neighboring property owners. Ms. Hunt does not wish to expand her operation into a major commercial enterprise of leasing space. It is my understanding that she only wishes the right to offer therapeutic massage to her friends and acquaintances on a very limited basis as outlined in her application. At present, she provides those services at no cost to.the recipients and certainly with no disruption to the Park. The same numbers of people who now receive gratuitous ADMITTED TO PRACTICE IN NEW YORK STATE 1970 ADMITTED TD PRACTICE IN NEVADA 1970 ADMITTED TO PRACTICE IN CAEIFORNIA 1972 1 \�J DEC 2.1 199L �/►, i RY OBS '" f AN LUIS BI..P O, CA Members of the City Council Page Two December 17, 1992 massage therapy from Ms. Hunt will be paying for the same services and there will be no increase in the traffic to the Park. I respectfully request that the City Council grant Ms. Hunt's application for a home occupation permit. Thank you for your consideration. Respectfully submitted, Mich ae I. Krout MSK:sch cc: Mary Hunt