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HomeMy WebLinkAbout08/15/1995, 2 - APPEAL OF PLANNING COMMISSION'S ACTION TO APPROVE A HOME OCCUPATION PERMIT (APPLICATION NO. A 50-95) FOR A THEATER PRODUCTION BUSINESS OFFICE WHICH INCLUDES A PROHIBITION OF ON-SITE THEATER SET CONSTRUCTION (537 JEFFREY DRIVE). MEETING DATE' ���h�i ►��I{Ill��p° l�lll city of san lUis OBISPO COUNCIL AGENDA REPORT ITEM NUMBER: FROM: Arnold B. Jonas Community Development Director; j G By: Pam Ricci,wAssociate Planner / SUBJECT: Appeal of Planning Commission's action to approve a home occupation permit (Application No. A 50-95) for a theater production business office which includes a prohibition of on-site theater set construction (537 Jeffrey Drive). CAO RECOMMENDATION: Adopt Draft Resolution A, denying the appeal, and upholding the Planning Commission's action to approve Use Permit A 50-95, based on findings, and with conditions and informational notes. DISCUSSION Situation The applicant wants to operate a theater production office from his home. In conjunction with this home business, he also wants to be able to construct theater sets for various productions in his garage and front yard. Hearing Officer's Action On May 19, 1995, the Hearing Officer approved a home occupation permit to allow the theater production office, with required conditions, an added condition and two informational notes, one of which prohibited on-site theater set manufacturing (see follow-up letter dated 5-22-95 and minutes are attached to the 6-28-95 Planning Commission report). On May 26, 1995, the applicant for the home occupation, Dana Shaheen, filed an appeal of the action on the basis that he objected to the prohibition of on-site theater set construction (see letter dated 5-25-95 attached to the Commission report). Planning Commission's Action On June 28, 1995, the Planning Commission considered the appeal of the home occupation permit (see attached draft minutes). The Commission had difficulty in reaching a decision on this item. While they were concerned that the use was too intensive for a home occupation, they were impressed with the appellant's concerted efforts at neighborhood outreach. A motion to uphold the appeal and allow on-site theater set manufacturing, with a condition calling for a one year review of the permit, was deadlocked on a 3-3 vote. A motidn to deny the appeal, upholding the Hearing Officer's approval of the permit with the prohibition of on-site theater set manufacturing, was approved on a 6-0-1 vote. ����►�►b�►��IIIIIfIIP° q��lll� City Of San to..,S OBISPO COUNCIL AGENDA REPORT Shaheen Appeal Page 2 Basis of Appeal On July 3, 1995, Dana Shaheen, applicant for the home occupation permit, filed an appeal of the Planning Commission's action. Mr. Shaheen was persuaded to pursue the appeal to the Council since the Planning Commission was split on the issue of allowing on-site theater set construction. Conclusion In the review of this home occupation permit, both staff and the Commission have not had any issue with the office component of the proposed business. However, the theater set construction component, even with conditions and the acceptance of many neighbors, is directly in conflict with the City's requirements for home occupations that stipulate that activities related to businesses be conducted "entirely within the dwelling unit or an enclosed accessory building...". Therefore, the Hearing Officer and the Planning Commission included the informational note with their approvals of the permit that on-site theater set construction would be prohibited, consistent with the City's requirements for home occupations. ALTERNATIVES 1. Adopt the draft resolution labeled Draft Resolution B, upholding the appeal and approving the home occupation permit, including the allowance of on-site theater set production, based on findings and with conditions. The Council may wish to consider an additional condition that limits the hours in the day and the number of days in a year on which theater set construction would be allowed. Such a condition is included in Draft Resolution B which is based on the information contained in the attached petition dated 6-24-95. 2. Continue with direction to the staff and appellant. Attached: Draft Resolutions A & B Appeal to City Council received 7-3-95 Planning Commission follow-up letter dated 7-3-95 Draft 6-28-95 Planning Commission minutes eQWrYU4W1A/G) Letter from Tom & Sonja Childress dated 6-23-95 Petition dated 6-24-95 signed by neighbors Letter ffom John & Marsha Robbins Letter from Traci Mettler dated 6-26-95 Letter from Gerilyn Wilhelm dated 6-28-95 6-28-95 Planning Commission report and attachments r:+useWO.95.oc - 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 50-95 TO ALLOW A THEATER PRODUCTION BUSINESS OFFICE AT 537 JEFFREY DRIVE 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 business, without on-site theater set manufacturing, complies with all of the requirements for a home occupation including the requirement that activities shall be conducted entirely within the dwelling unit or an enclosed accessory building. 2. The home occupation, without on-site set theater manufacturing, does not have characteristics that would reduce residents' enjoyment of their neighborhoods and maintains the peace and quiet of the residential area. 3. The home occupation, as conditioned, is in compliance with the single-family residential zoning district. SECTION 2. Action. Use Permit A 50-95, to allow a theater production business office, is hereby approved, subject to the following conditions and with the two informational notes. 1. Home occupations shall not involve frequent customer access or have other characteristics which would reduce residents' enjoyment of their neighborhoods. The peace and quiet of residential area shall be maintained. 2. Activities shall be conducted entirely within the dwelling unit or an enclosed accessory building, and shall not alter the appearance of such structures. (Horticultural activities may be conducted outdoors.) �-3 City Council Resolution No. (1995 Series) Page 2 3. There shall be no sales, rental or display on the premises. 4. There shall be no signs other than address and names of residents. 5. There shall be no advertising the home occupation by street address except that street address may be included on business cards and business correspondence originating from the home. 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 required parking, yard or open space area. 8. Parking for vehicles used in connection with the home occupation shall be provided in addition to parking required for the residence. 9. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifications of the premises, nor use 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. Clients or customers shall not visit the home occupation between the hours of ten p.m. and seven a.m. 13. The applicant shall comply with all of the provisions of the Neighborhood Enhancement Ordinance, including the proper storage of any trash containers or debris generated by the business. Informational Notes 1. This approval does not allow on-site theater set manufacturing. 2. The office space inside the garage shall not encroach into the required covered space. 02- City Council Resolution No. (1995 Series) Page 3 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: City A orney UUtESWO-95NAPL �s 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 APPROVING USE PERMIT A 50-95 TO ALLOW A THEATER PRODUCTION BUSINESS OFFICE AND PERMITTING ON-SITE THEATER SET PRODUCTION AT 537 JEFFREY DRIVE 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 findings: 1. The home occupation, with on-site theater set construction, is in compliance with the single-family residential zoning district and the home occupation regulations because the set construction will be intermittent and is similar to other ldnds of construction and maintenance activities that are conducted with residential areas. 2. The proposed business, with on-site theater set manufacturing, complies with all of the requirements for a home occupation including the requirement that activities shall be conducted entirely within the dwelling unit or an enclosed accessory building. 3. The home occupation, with on-site theater set manufacturing, does not have characteristics that would reduce residents' enjoyment of their neighborhoods and maintains the peace and quiet of the residential area. 4. The home occupation, as conditioned, is in compliance with the single-family residential zoning district. SECTION 2. Action. Use Permit A 50-95, to allow a theater production business office and on-site theater set construction, is hereby approved, subject to the following conditions and with one informational note. �r City Council Resolution No. (1995 Series) Page 2 1. Home occupations shall not involve frequent customer access or have other characteristics which would reduce residents' enjoyment of their neighborhoods. The peace and quiet of residential areas shall be maintained. 2. Activities shall be conducted entirely within the dwelling 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 premises. 4. There shall be no signs other than address and names of residents. 5. There shall be no advertising the home occupation by street address except that street address may be included on business cards and business correspondence originating from the home. 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 required parking, yard or open space area 8. Parking for vehicles used in connection with the home occupation shall be provided in addition to parking required for the residence. 9. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifications of the premises, nor use 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. Clients or customers shall not visit the home occupation between the hours of ten p.m. and seven a.m. 13. The applicant shall comply with all of the provisions of the Neighborhood Enhancement Ordinance, including the proper storage of any trash containers or debris generated by the business. City Council Resolution No. (1995 Series) Page 3 14. On-site theater set construction shall be limited to 12 weekends per year. Construction activities shall be limited on those weekend days to the hours of 10:00 a.m. to 9:00 p.m. Sets shall be stored out of the public view when not being worked on. Informational Note 1. The office space inside the garage shall not encroach into the required covered space. 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: �,�Q1r42Tn City Atforney -L MIA5a95Y.AP1 city o san l�uis oaspo APPEAL TO THE CITY COUNCIL In accordance with the appeals procedures as authorized by Titie, 1, Chapter 1.20 of the San Luis Obispo Municipal Code, the undersigned hereby appeals from the decision of. Planning commission rendered on 6/28/95 which consisted of the following (i.e., explain what you are appealing and the grounds for submitting'the appeal. Use additional sheets as needed.) Home Occupational-Use Permit (A50-95). (See attached) The undersigned discussed the decision being appealed with: on Name/Departrnent (Date) -Appellant: Dana Shaheen 537 Jeffrey Dr., SL) 93405 NamefTitle Mailing Address (& Zip Code) Home Phone Work Phone Representative: Namelrfle Mailing Address (& Zip Code) For Official Use Only: p Calendared for Date &Time Received: c: City Attorney City Administrative Officer Copy to the foilowing department(s): RECEIVED JUL 31995 . ![C CITY CLERK Original in City ClerWs Office SAN was osIsQo,ca p000� C2 /III ALL 9s Hr a-�o 1 T cityof sAn. WIS - OBISPO 990 Palm Street/Post Office Box 8100 • San Luis Obispo,CA 93403-8100 July 3, 1995 Dana Shaheen 537 Jeffrey Drive San Luis Obispo, CA 93405. SUBJECT: A50-95: .537 Jeffrey Drive Appeal of a Hearing Officer's action to approve a home occupation for a theater production business office which includes a prohibition of on-site set construction. Dear Mr. Shaheen: The Planning Commission, at its June 28, 1995 meeting, denied your appeal and upheld the Hearing Officer's approval of a home occupation for a theater production business office which includes the. prohibition of on-site set manufacturing. Use Permit A50-95 is subject to all conditions as listed on the home occupation permit and findings and conditions as noted in the attached notice of Hearing Officer action, including the restriction against on-site set manufacturing. The decision of the Commission is fmal unless appealed to the City Council within ten days of the action. An appeal may be.filed with the City Clerk by any person aggrieved by a decision of the commission. If you have any questions, please contact Pamela Ricci at 781-7168. Sincerely; n G. Whisenan _ Development Review Manager RW:mk Attachment . n The City of San Luis Obispo Is committed to Inducting the disabled In all of its services,programs and activities. // AFL T RECEIVED Tom and Sonja .Childress DUH 27 540 Princeton Place San Luis Obispo, CA 93405Ysiw June 23, 1995 Community Development Dept, 990 Palm Street San Luis Obispo, CA 93401 Re: Application Number A 50-95 537 Jeffrey Dr. San Luis Obispo, CA Appeal of a Condition of Theater Production Business Office: My wife and I do not believe that businesses belong in residential areas, especially ones that generate vehicle traffic, pedestrian traffic and other various loud noises. The allowing of an appeal to produce and build scenery for theater productions would generate all of the above problems. Our home, which we have lived in for 24 years, is set back only 21 feet in the backyard from the applicant on Jeffrey. We have already had num'eroussnoise problems from this home in the past, including dogs barking, loud parties, noises, etc. Given the short set back these noises penetrate our home and invade our privacy. Of course, some noise from one' s neighbor is to be expected but prolonged or night-time noise is very irrstiting and a business noise that does not belong in a residential area to begin with and would be unacceptable. We request that this Appeal/Application be denied in the best interest of the residential character of the area. Tom and Sonja Childress June 24, 1995 Received 6-28-9 m}� Community Development Department City of San Luis Obispo 990 Palm Street San Luis Obispo, Ca. 93401 SUBJECT: Use Permit Application A 50-95 537 Jeffrey Drive I have had the opportunity to speak directly with Dana Shaheen regarding his Home Occupational Use Permit. He and I addressed the issue of light construction work in the front of his home. I feel comfortable with the approval of this use with the conditions listed: a. Construction on the limited basis of 10-12 weekends out of 52 weekends in a year, with the possibility of occasional weekdays during that period of time. b.• Construction would not start prior to loam and end no later than 9:00pm. C. All sign of construction would be out of public view by 9:OOpm. d. Parking on street would be limited to no more than 5 s additional cars. e. That Dana provide me with his personal phone number if ever concerns were to arise. Thank you. NAME ADDRESS A W--. i r Page 2 Permit Application A 50-95 6-24-95 NAME ADDRESS c If o !� 3 7C-2 R y 7 J O J. 0 0 . ° o . � �- � off; � �:•� � -� - Lely ori. O O 0 Q L1 O 0 0 L74 1.00 Y AVE. Q . � A� `/ . 10 � R1 } a0 W IL ° � OJ � W 00 � W � - 10 o HIGHLAND AVENUE ,ro yff " me,O. O 0 0- 0 O OO O O � Oi VICINITY MAP A 50-95 "°M'" 0 neighbors with concerns with the request 525 Jeffrey Drive San Luis Obisp,CA 93405 June 24, 1995 Community Development Dept 990 Palm Street San Luis Obispo,CA This letter is to confirm our conversation with Dana Shaheen regarding his appeal for set production at his home at 537 Jeffrey. We have previously written to this department listing our . concerns and suggestions for limits for the proposed home business at the above address. We further co-signed a letter written by Mr. Shaheen regarding his appeal,addressing specifically the issues of times for construction and storage of construction materials out of public viewing. We do not share the concerns regarding parties expressed by James Barlow in his letter of June 21. We have been aware of parties at Mr. Shaheen's address,but generally have not been bothered by the noise or lateness of these events. In fact,most of outside noise seems to end between 10 and 11 o'clock in our experience;our bedroom window is directly adjacent to their patio. If such parties in the future are held with the same consideration for noise and frequency as in the past,we do not have a concern in this regard John and Marsha Robbins 'V24(P eG el 0811 MELOD YJA~W LLE June June 26 , 1995 To whom it may concern, I am writing this letter to support the efforts of The Shaheen ' s ,home based Production Company . I am a twenty year friend and fan of Jenny Shaheen . I trust and believe in her so much that she is my oldest daughters Godmother.. During the ten years I was in L .A. pursuing my career as a Professional actress/Childrens Drama Instructor . I opened up a very successful home based Entertainment Company .The company only provided the community with joy and culture .There was never a problem. This home based entertainment company was then moved to Pismo Beach once again it only provided the community. with joy and culture . Four years in business with a home based entertainment company and there was never a problem,or traffic to. and from the home. All entertainment is provided in facilitys . . If our youth can be utilized in a positive experience as the Arts they tend to stay in a healthy self esteem building environment , instead of the streets ,etc . . Adults as well in theatre get joy and fullfillment volunteering for Community theatre'. My purpose is that both Jenny & Dana have given their time ,talent ,and skills to this community for many many years - providing—top -notch community theatre . They--are both from • - great family backgrounds . Their own family is wonderful and giving to the community . Please consider their talent and lets give back to them as a community . Let their dream come true ! Their own production Company to provide many many . ,.people in our community with their own dreams to become reality. Great entertainment ,fun ,culture ,and theatrical experiences ! THANK YOU FOR YOUR TIME & CONSIDERATION! ! Melodramatically yours , raci Mettler Director of Marketing & Promotions P.O.Box imb Oceano, California 93445 Tel(805)489-2499 . .... .. ...:. PACIFIC LCHC OPERA7TIFa7RE Date 6/28%95 F{ece� ie ' ro a8�g5 d @ , The ComiYiunity Development Dept :San Luis Obispo,'CA' 93401 To:Whom it may.concern: 0.. My name is Gren7yn.Wilhelm and I am the:President ofthe Pacific'Light Opera Theatre (PLOT)-.P LOT.is a community-theatre that has provided the central coast•with quality musical`theatre for over i4 years. Everyone at PLOT is- volunteer•We rely on the talents of.,local citizens` I can honestly say that Dana Shaheen has'been one of our greatest.assets,His.coatfibations as a directof; " and scenic designer,have always been appreciated.'Over.the past several years; since ;: =PLOT,lost its theatre m Pismo:Beach in 1991,"Dana and his family have been gracious enough to provide space;for rehearsals and set construction at their home: _ On the behalf of the Pacific Lighf;Opera Theatre I would like to say that at no time'did any tieighbors cornpTaia about:sei comstiuction br rehearsals:Dana and his.family were always.` conscious:of the time at which.things took place and.ho*Tong ihey'wouId last; :If you have any fiirther questions,`please feel free to contact me.at-528-7834 Si cerel - J. Gerd Wilhelm es ent' Pacific Light era Theatre.'.-.'.."..O i -F - Y •r 1 e . . I - • • .. _ . - - 11•• -S. • [: CITY OF SAN LUIS OBISPO PLANNING COMMISSION STAFF REPORT rrEM a 1 BY: Pam Ricci, Associate Planner MEETING DATE: June 28, 1995 FILE NUMBER: A 50-95 PROJECT ADDRESS: 537 Jeffrey Drive SUBJECT: Appeal of the Hearing Officer's action to approve a home occupation for a theater production business office which includes a prohibition of on-site set construction. SUNEWARY RECOND4ENDATION Deny the appeal and uphold the Hearing Officer's action. BACKGROUND Situation The applicant wants to operate a theater production office from his home. In conjunction with this home business, he also wants to be able to construct sets for various productions in his yard. Hearing Officer's Action On May 19, 1995, the Hearing Officer approved a home occupation permit to allow the theater production office, with required conditions, an added condition and two informational notes (see follow-up letter dated 5-22-95 and minutes attached). On May 26, 1995, the applicant for the home occupation,.Dana Shaheen, filed an appeal of the action on the basis that he objected to the prohibition of on-site set construction (see attached letter dated 5-25-95). Data Summary Address: 537 Jeffrey Drive Applicant/Appellant: Mr. Dana Shaheen Zoning: Low-Density Residential (R-1) General Plan: Low-Density Residential Environmental Status: Categorically exempt Site Description The house with attached garage is located on a 8,500 square-foot lot in a single-family neighborhood. Surrounding land uses include other houses and the Mission Nativity Elementary School across Jeffrey Drive from the house. a i9 Home Occupation Permit A 50-95 Page 2 EVALUATION Home occupation permits are typically handled ministerially without a public hearing. This matter was scheduled for a hearing because of a letter and a phone call received from two neighbors expressing various concerns with a business at this location. The Hearing Officer was persuaded to approve the home occupation with an added condition which prohibited storage of trash and debris in the street yard (a concern of both complainants). Informational notes were added to the approval letter to advise the applicant of other restrictions regarding the home business. The prohibition of on-site set construction as part of the home occupation is the item that the applicant disputes. His appeal is a request for the Planning to re-evaluate the appropriateness of building sets at the site on an intermittent basis. The zoning regulations outline the permit process for home occupations and include the requirements that they need to meet. Section 17.08.090 C.2. states: "Activities shall be conducted entirely within the dwelling unit or an enclosed accessory building, and shall not alter the appearance of such structures. " The Hearing Officer referenced this requirement at the administrative hearing as the basis for not allowing on-site set construction in conjunction with the business. Beyond this requirement, the manufacturing aspect of set construction, with noise and materials storage, was not supported as an appropriate component of a home business from a neighborhood compatibility standpoint. Given the concerns expressed by neighbors with noise, yard maintenance issues and traffic, the Hearing Officer felt that it was important to make it clear with his action for approval that the on-site set construction would not be an acceptable component of the business. Public i ti In addition to the neighbors that had lodged complaints with the City prior to the administrative hearing, staff has also received a phone call from a neighbor who lives on Princeton Place who objected to any set construction in the back yard and was concerned about noise generation from the business in general. A letter was also received from Mr. James R. Barlow of 544 Princeton Place. In his attached letter, Mr. Barlow objects to the set construction component and expresses concerns with noise. 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 approve the home occupation with the addition of on-site set construction, based on the following finding: a-2p Home Occupation Permit A 50-95 Page 3 1. The home occupation, with on-site set construction, is in compliance with the single- family residential zoning district and the home occupation regulations because the set construction will be intermittent and is similar to other kinds of construction and maintenance activities that are conducted with residential areas. C. The Commission may deny the home occupation based on a finding that the proposed business will not be compatible with the surrounding neighborhood. RECONEMMgDATION Deny the appeal and uphold the Hearing Officer's action to approve the home occupation permit, based on the following findings, and with required conditions, an added condition and two informational notes: Fmdines 1. The proposed business, without on-site set manufacturing, complies with all of the requirements for a home occupation including the requirement that activities shall be conducted entirely within the dwelling unit or an enclosed accessory building. 2. The home occupation, without on-site set manufacturing, does not have characteristics that would reduce residents' enjoyment of their neighborhoods and maintains the peace and quiet of the residential area. 3. The home occupation, as conditioned, is in compliance with the single-family residential zoning district. Conditions Conditions 1-10 are the standard requirements for home occupations shown on the attached copy of the permit. Added Condition 11. The applicant shall comply with all of the provisions of the Neighborhood Enhancement Ordinance, including the proper storage of any trash containers or debris generated by the business. Informational Notes 1. This approval does not allow on-site set manufacturing. 2. The office space inside the garage shall not encroach into the required covered space. a2� Home Occupation Permit A 50-95 Page 4 Attachments: vicinity map, including the locations of neighbors' homes that have filed written complaints or called staff with concerns Home Occupation Permit Application Follow-up letter dated 5-22-95 5-19-95 administrative hearing minutes Appeal of Hearing Officer's decision dated 5-25-95 Letter from John & Marsha Robbins received 5-2-95 Letter from James R. Barlow received 6-21-95 a aa- OOO MlTMpA . E o � 0 LEEN% OR. 107 O O ° 0 W R-1 c � 0 0 0 vv see � 0 c � . Y AV E. ,� a h LV °tj /^` Z Q O u V R1 Wa © `r71 Zw V g 1 L 72 CID LL �Z�� 4 L o14> ° M ° g Cr Q Q y ma p 77-4 sa O HIGHLANO AVENUE rro 27 go/ u7 ° ° - O °= 0 O ° O. .O O ° I ° i ° C� VICINITY MAP A 5095 "°FU" ©� neighbors with concerns with the request oy3 lu����llllllllll�����������u►I�������I M or " lli as OBiVO i HOME OCCUPATION PERMIT Department of Community Development, 890 Palm Street • Post Office Box 8100, San Luk Obispo, CA 834038100 • (805)781-71 m�.00 please print dearly or type only in the unshaded areas.Return this completed form with your-i6399-application fee.This form will be your permit when approved.In some cases,you may have to comply with additional conditions.Also,'be sure to get a business license. NOTE: Private property regulations such as deed restrictions or Conditions, Covenants and Restrictions (CCBRs) of homeowners assodations may restrict or prohibit home occupations even It such use Is allowed by City regulations. Applicants are encouraged to determine compliance with anyapplicableprivate regulations before applying for City approval. ness Applicant DF�migSMANMS-14 Name &HAMF1e6d Pao txlCTiiotlPhone BDE. 4_814 Address S3'� SKF FIZE Y INP, 9A.-3 1.0is D 919Fb CA G34 21S zone R I Do you own the home? ®Yes O No. (If you do not own thehome,thee owner must sign this forth consenting to your home occupation.) Accurately describe �l Jt�SI IUESS O f tiles 1NE'ATE'R i320OctC-TIQl� your home occupation* iC� Q0 rl PN t,41 'A more detailed description of your home occupation and a site plan may be required later.In some cases a hearing may be required. REQUIREMENTS FOR APPROVAL My home occupation will comply with the following: 1.This business will be conducted entirely Inside without altering 9.No employees other than residents of my home will be allowed. the appearance of the home,grounds or adjacent buildings. 10.Clients or customers will not visit my home between 10:00 p.m. 2 There will be no sales or displays on the premises. and 7:00 a.m. 3. There will be no signs other than address and name of rest- APPLICANT:I understand that, If a permit Is Issued, I must me dents.Those signs will meet the requirements for my zone. the requirements listed above.B the requirements are not met,the 4.There will be no advertising which Identifies the home cocupa- permit unit be void and the home oxu tion must cease Immedi- ately Von by street address or location. tpry"—`�Qr-►S 5.My home occupation will not encroach on any required paridng, 9atu yard or open space. (Parking space In a garage is normally re- quired parldng.) e.No vehicle larger than a 3/4-ton truck will be used In connection OWNER;*As owner of the property, I give the applicant permis- with my home occupation.Parldng for vehicles used in connection Bion to conduct business there subject to ML, vmdtim my hortre occupation will be provided In addition to parking required for the residence. Owner's Name(print) 7.Activities conducted and equipment or materials used will not Owner's change the fire safety or occupancy classification of the premises. sigridure Witles will not be used in amounts greater than normally provided for residential use. Date l��9S- 8.My home occupation will not create noise,dust,vibration,smell, 'The property manager of an apartment complex or the park smoke,glare,electrical Interference,or other hazard or nuisance. manager of a moble home park may sign in place of the owner. i.X Iyg, y Iry �u: I,ie"rhe•'IF17'K I' w; x I.r hY lGl 1' r � ltd Gal 1 I iiiiii d 'IyII" I�np e culll. ''i I i�r;d"ul a� d . I :• '� .w:.r '.@ W , � I ' I• �4• � I '� . Ih� d I n I I IIh I I I!�i .SII I . X.C I !LI+ u14. �td.L. Ilmx': dllilwil"u;liG .I I k � I I'II��IIII III' I l i ��. •I+� I LI II' 'X IFMM4 'I I.r I I n I IXi i �.dl intliltl4� I,r.�l Ei4�l I i^ I ��M ..:� all � r �'" C• curl t., ,u141110, I � 'd . I �IItlII III �ilr" ' ,. Ii; dX" �I ;Mi!1� "ri�dr.�l',•,.Alllltl. � B IP� IN61gl: � i ',���': gal S���iNld'6mp1�4!�4e � m I .IN. I 6LNfIX� II II I IG If: ! �. :ILII I. I Q IXIr II! ��I Ilf!Itp:'r'd�l wwre-chs YELLOW-APPUCAW PINK-FIKANCE aoz �Ill��l��ll���f�����I �Illllllllllll ' SII CI ty Of SAn tuts OBISPO ay 990 Palm Street/Post Office Box 8100 • San Luis Obispo,CA 93403-8100 Dana Shaheen 537 Jeffrey Drive San Luis Obispo, CA 93405 SUBJECT: Use Permit Appl: A 50-95 537 Jeffrey Drive Dear Ms. Shaheen: On Friday, May 19, 1995, 1 conducted a public hearing on your request for a home occupation permit to allow a theater production business office, at the subject location. After reviewing the information presented, I approved your request, based on the following finding, and subject to all conditions as listed on the home occupation permit, in addition-to the following added condition: Finding 1. The home occupation, as conditioned, is in compliance with the single-family residential zoning district. Added Condition 11 . The applicant shall comply with all the provisions of the Neighborhood Enhancement Ordinance, including the proper storage of any trash containers or debris generated by the business. As an informational note, please be aware of the following: 1. This approval does not allow on-site set manufacturing; and 2. The office space inside the garage shall not encroach into the required covered space. 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., © The City of San Luis Obispo is committed to including the disabled in all of its services,programs and activities. Telecommunications Device for the Deaf(805)781-7410. A 50-95 Page 2 If you have any questions, please call Whitney Mcllvaine at 781-7175. Sincerely, ofnd Whisen d Hearing Office cc: Paul & Julianna Winninghoff 464 Hill Street SLO, CA 93401 a-a� ADMINISTRATIVE HEARING - MINUTES FRIDAY MAY 19, 1995 537 Jeffrey Drive. Use Permit Appl. A 50-95: Request for a home occupation permit to allow a theater production business office; R-1 zone; Dana Shaheen, applicant. Whitney Mcllvaine presented the staff report, explaining the request is for a home occupation permit to allow a business office for a theater production company. The public hearing is to address concerns that were by received by the Community Development Department. Ms. Mcllvaine noted that the specific concerns by one party were traffic and junk in the yard. Another party had similar concerns, specifically with construction materials, storage of equipment and props, and traffic blocking driveways. One final concern was that if auditions and rehearsals were to occur at the site, the increased noise level would be incompatible with the residential neighborhood. It was noted that the site had been inspected, and staff had spoken with the applicants. The recommendation is to approve the request subject to all the required conditions of approval for home occupation permits, and an additional condition which states: 'The applicant shall comply with all provisions of the Neighborhood Enhancement Ordinance, including proper storage of any trash containers or debris generated by the business." Ms. Mcllvaine mentioned a note from Pam Ricci regarding the production of theater sets at the site. She noted that the home occupation permit application indicated use of the home as a business office, and the set production component may be an activity that is not suitable as part of this particular home occupation. She pointed out that standard condition #5 for all home occupations prohibits use of the garage for anything other than required parking, and that home occupations cannot encroach onto the yard area or required setback area, which would be the front yard area in this case. She requested that the applicant describe the potential for set production such as how many times per year this would occur, and the duration each time, as well as hours this would occur. The public hearing was opened. Dana Shaheen, applicant, spoke in support of his request. He explained that Pam Ricci of the Community Development Department had inspected the site with him,and discussed issues such as traffic, noise, and storage. He noted that currently Jeffrey Drive has no posted restrictions for parking on either side. He felt any increase in parking or traffic caused by this business would be no more than if he had a social gathering. Mr. Shaheen indicated that rehearsals are held at a studio in another city. Auditions are held at the Cal Poly Theater, and would not be conducted at the site. Administrative Hearing Minutes May 19, 1995 Page 2 Regarding the light construction of props at the site, he noted that he and his crew all hold full-time jobs, so this would not be occurring on a full-time basis -- mainly on week-ends after tU a.m. and continuing all day during daylight hours, most likely occurring in the front yard. Mr. Shaheen noted that he has been on set design teams for San Luis Obispo Little Theater, Pacific Light Opera Theater, as well as a couple of high schools, and has built, sets at this location without any complaints. After working on the sets each day, they are removed from the front yard and placed in an area not seen by the public. Storage along the outside of the property will no longer occur, since Mr. Shaheen is now aware of the Neighborhood Enhancement Ordinance, which he was unaware of prior to this application. Because this type of work has been done in the past without complaint, Mr. Shaheen said he didn't expect any problems with neighborhood concerns. Ron Whisenand asked where the sets being worked on are stored during the evening on weekends while construction is occurring. Mr. Shaheen responded that they are either rolled into the garage or into the back yard. However, after the set for each scene is completed, it is taken to a storage unit until the production occurs. Ron Whisenand further questioned where the location of the business office (computer and telephone) actually is. Mr. Shaheen said it is currently located in the garage, however, there is still room for two cars to be parked. Pam Ricci and Rob Bryn of the Community Development Department indicated that the office location, as it is situated now, was of no concern to the.City. The parking requirement is for one covered parking space. The public hearing was closed. Ron Whisenand noted that standard condition #1 of all home occupation permits states: "This business will be conducted entirely inside without altering the appearance of the home, grounds or adjacent buildings." He asked staff for an interpretation of "inside", and whether that means inside a garage or inside the dwelling. Ms. Mcilvaine felt inside a garage would be acceptable provided it didn't encroach into required parking areas. She compared this type of use to a landscaping business, wherein outdoor storage of plants has been allowed. She felt that additional screening might need to be provided if prop construction is to occur. Jennifer Sheheen, 537 Jeffrey Drive, noted that their season is scheduled to do three Administrative Hearing Minutes May 19, 1995 Page 3 productions a year, of which set construction on the weekends might total two months out of each production. This would not occur each and every weekend. Ron Whisenand said he had driven by the site, and he didn't see any visible problems with the home occupation. He explained that this is what a home occupation is about -- that any person driving by will not be aware that a home occupation exists. However, if one were to drive by and see set production occurring, it would not- comply with the standard requirements for approval which requires all home occupation activities to be within dwelling or enclosed accessory structures. He felt the business office portion of the business is an ideal home occupation, but that the set manufacturing component is not compatible with the residential zone nor the home occupation regulations. Ron Whisenand approved the home occupation permit as submitted, which includes the business office for a theater production company, based on one finding, and with an added condition 11, and two informational notes as follows: Findin 1. The home occupation, as conditioned, is in compliance with the single-family residential zoning district. Added Condition 11. The applicant shall comply with all the provisions of the Neighborhood Enhancement Ordinance, including the proper storage of any trash containers or debris generated by the business. Informational Notes 1. This approval does not allow on-site set manufacturing. 2. The office space inside the garage shall not encroach into the required covered space. Ron Whisenand reiterated that this decision can be appealed to the Planning Commission within ten days of the action, and that anyone may file an appeal. a-a-� 1/,�� pyyy■ . May 25, 1995 MAY 2 1995 cm of SM LUIS OBISpo Ronald Whi.senand, Development Review Manager COLNUNRYDEVELOpWW Community Development Department City of San Luis Obispo 990 Palm Street San Luis Obispo, Ca. 93405 SUBJECT: Request for appeal to the Planning Commission Use Permit Application A 50-95 537 Jeffrey Drive Dear Sir, I am in receipt of your letter dated May 22, 1995 regarding the public hearing held on May 19th, Allow me to begin by saying that I have met with John and Marsha Robbins of 525 Jeffrey Drive. Since they were unable to attend the Public Hearing, I wanted to address the concerns that they had put in writing to the Community Development Department on May 1 . John and I spoke on each individual point noted in their letter. Point 1. John pointed out that his concerns with the light construction of sets were solely based on the storage of lumber and trash in the front and side of my house. He continued to say that neither the construction nor the noise produced, was cause for concern. Point *2. Regarding the trash cans outside the front of our house. Since May 19th, after the Public Hearing, all trash receptacles have been moved to be out of the public eye. Point 3. Regarding the parking of vehicles across the sidewalk. Since May 19th, all parking has been on the drive way or the street side. No cars will be allowed to park over the sidewalk. Point 4. The increase of noise due to rehearsals and auditions. The auditions for this show will be held at the Cal Poly Theatre and rehearsals at an off site location. I realize that my conversation with John may have no barring on the Planning Commissions decision. Please also consider: Of the Fifty-Two weekends within a year, set production may occur during 10 of them. . a-3o ` f Page 2 5-25-95 Ron - All concerns brought to you by my neighbors have been addressed personally and both parties are comfortable with this appeal request. - .All wood will be stored in back of house out of sight of the public. All set pieces will be stored in an off sight storage facility. - There is no changes to the existing structure in any way. - From the street there will be no signs of a business at 537 Jeffrey drive. I look forward to hearing from you with the date for the Planning Commission hearing. So that the records don't get misleading, your letter dated May 22, 1995 addressed to Dana Shaheen referenced me as a "Ms . " instead of Mr. (A common mistake. ) Sincerely, Mr. Dana Shaheen, Owner John Robbins a- /`7AasN4a"'S Chameleon Productions Concerned Neighbor CC: John and Marsha Robbins 525 Jeffrey Drive, Ca. 93405 X31 525 Jeffrey Drive San Luis Obispo,CA 93405 May 1, 1995 Community Development Dept. City of San Luis Obispo 990 Palm Street San Luis Obispo,CA 93401 Dear sir or madam, This letter concerns the application by.Dana Shaheen at 537 Jeffrey Dr.to have a. Theater Production Company office in his home. We oppose the location of this business in the residence for these reasons: 1) There may be inappropriate construction of stage sets on the site with accompanying sawing,hammering,and storage of construction materials in view of the neighbors. In the past, when sets were constructed at 537 Jeffrey Drive by Dana Shaheen, the new and leftover construction materials were stored in front of the garage in the driveway,and leaning against the side of the garage in full view of our home and of the street. There is no fence shielding the storage of such unsightly material from public view. This material included lumber scraps and white four-inch PVC pipe. 2) The residents of 537 Jeffrey Dr. are in the habit of storing unlidded trash cans in the driveway in front of the garage without screening from public view. This practice has frequently allowed trash to blow into our yard. The increased papers generated by a home office will likely increase unsightly litter blowing about the neighborhood, since their practice of keeping open, unscreened trash cans has persisted throughout the years of their residence. 3) Visitors to 537 Jeffrey Dr. frequently park their cars in the driveway so as to block the sidewalk,although ample street parking exists. Increased vehicle traffic visiting the proposed home office is inappropriate and unsafe for a residential neighborhood 4) If at this site,auditions and rehearsals with accompanying music take place,then the increased noise level is incompatible in a residential neighborhood' We ask that the Community Development Department either deny or put restrictions on the activities of the proposed business at 537 Jeffrey Dr. to ensure a quality neighborhood Sincerely, 7,yd John and Marsha Robbins RECE1 VED MAY0 219% a-3�- RECEIVED JUN 2 11995 544 Princeton Place San Luis Obispo , CA 93405 June 21 , 1995 Community Development Dept . 990 Palm Street San Luis Obispo , CA 93401 Re: Application Number A 50-95 537 Jeffery , San Luis Obispo Appeal of a condition of . . . . . To begin with; basically businesses do not belong in residential areas . Although, businesses that do all their business through the mail and/or telephone could be allowed on a trial basis . Businesses that have people and cars coming and going at all hours of the day and night should be prohibited . The Theater Production Business Office not only has people coming and going at all hours but also have raucous parties in their backyard . The noise from those parties carry into the serenity of several of their neighbors for quite a distance , which is disturbing , especially in the hours after midnight . Some of the neighbors have spoken to them about the late night noise and have been met with saracasm . Now , to add another noise producing scenery building permit would be "the straw that broke the camels back We have Industrial Parks for that kind of business . Most of the people who live in the area of Jeffery and Princeton Place are older well established residents . Most have resided here for 20 tO 40 years . Most of them take pride in the outward appearance of our homes . I 'm not too sure that pride is evident at 537 Jeffery . Thank you , es R. Bar r a-33 -TING GENDA a a,�E ITEM # r RECEIVED AUG 1 41995 CITY COUNCIL' ^.Aql 111' nor,nn pp ZL"UNCIL ]PERSDIR R CAO R E C E E D �ACAO IEF V C�ATTORNEY �CLERIQMIC CHF AUG 1 4 1995 ❑ MGMT TEAM R ❑ FILE R CCOm"fry OFTYN LUIS OSISPp IR ��� � . MEETING'`ar 1ATGrE`,NDA COUNCIL CDD DIR ATE 11 GSI [BAO ❑ FIN DIR Draft Planning Commission Minutes "J'CAI ❑ FIRE CHIEF PI fyTORNEY ❑ PIV DIR June 28, 1995 rd/g1ERKlORIG ❑ IV CHF ❑ GMT TEAM ❑ REC DIR S ❑ D FILE ❑ UTIL DI PUBLIC HEARING ; ❑ PERS DIR 1. 537 Jeffrey Drive: A 50-95: Appeal of the Hearing Officer's action to approve a home occupation for a theater production business office which includes a prohibition of on-site set construction; R-1 zone; Dana Shaheen, applicant. Pam Ricci, Associate Planner, reviewed the situation and basis for the appeal. She explained that the construction component of the business was the main concern and was, from staff's perspective, inconsistent with the requirements for conducting home occupations contained in the zoning regulations. She reported that staff's recommendation was to deny the appeal, upholding the Hearing Officer's approval of a home occupation permit to allow a theater production business office which prohibits on-site set construction, with findings, conditions and informational notes. Commr. Cross requested clarification as to the extent of carpentry work conducted on the premises to manufacture theater sets. Pam Ricci indicated that some painting was involved and that the applicant could explain the extent of work in more detail. Chairperson Karleskint declared the public hearing open. Dana Shaheen, 537 Jeffrey Drive, spoke in support of his request for an occupation permit. He explained the business (Chameleon Productions) consists of designing sets for school plays and theater groups and he has received no complaints in the 2-1/2 years he has owned the business. He indicated that most of the work done in producing theater sets was detail-oriented and involved tasks such as the staining, texturizing and painting of walls, chairs, rocks, columns, etc. He clarified that there was no hammering involved because sets were mostly assembled with screws. In response to a question from Commr. Cross regarding the use of power tools, Mr. Shaheen indicated that he did use a jigsaw. He explained that he used brushes and a Hudson sprayer for painting (done outside the garage), but did not use a compressor. He added that he stores equipment used in set construction in his garage. Mr. Shaheen indicated he had contacted many of the neighbors and felt that he was able to resolve their concerns. He explained that the work is always conducted during daytime hours. r FIF0 IVE AUG 1995 CITY CLERK J / Draft Planning Commission Minutes June 28, 1995 Page 2 Jennifer Shaheen, 537 Jeffrey Drive, spoke in support of approving the permit by summarizing the concerns of the neighbors and agreed resolutions to issues. She added that the business will reflect their pride in their residence and the city, and that they will not infringe on the rights of their neighbors. John Robbins, 525 Jeffrey Drive, spoke in support of the appeal, noting that his original complaint regarding the business focussed on the noticeable debris and lumber stored in the street yard adjacent to his house. He explained that the situation had been corrected and that he did not feel that the business created any problems for the neighborhood any longer. Tom Childress, 540 Princeton Place, expressed concern with noise from the business, including barking dogs, music and power tools, carrying over the fence into his yard and home. He felt that the noise issue could be mitigated for him if the set construction was confined to the garage and front yard. Julianna Winninghoff, 464 Hill Street, indicated she currently works with the Shaheens in transporting the sets to another storage area. She stated the Shaheens are very adamant about maintaining a clean location, working during the day and monitoring parking. She mentioned that the Shaheens home is very appealing both inside and outside. She read a letter of support into the record from Gerilyn wilhelm of the Pacific Light Opera Theatre. In response to a question, Dana Shaheen indicated that there were no dress rehearsals conducted at this location. Chairman Karleskint closed the public.hearing. Commission Ready asked why Informational Note #1 was not a condition, and questioned the consequences of not complying with home occupation permit requirements. Pam Ricci explained that staff believed that set construction activity did not comply with the home occupation requirement that "activities be conducted entirely within the dwelling unit or an enclosed accessory building...". She indicated that since there was already a condition that prohibited this activity, the informational note was added to document and confirm that on-site set manufacturing was not allowed. She mentioned that home occupation permits were intended to accommodate businesses where their presence would not result in outward or noticeable changes to the home or property. She added that staff relied on complaints from neighbors to monitor non- compliance with home occupation requirements. Draft Planning Commission Minutes June 28, 1995 Page 3 Cindy Clemens, Assistant City Attorney, stated that notice of violation of a home occupation permit would be brought to staff's attention through a complaint letter. She noted that the Hearing Officer could refer such a complaint to the Commission if circumstances warranted it for possible permit revocation. Commr. Whittlesey expressed concerns with the levels of activity associated with this business as a home occupation, although she acknowledged that the Shaheens had done an excellent job of working with their neighbors. A motion.was made Commr. Senn, seconded by Commr. Hoffman, to uphold the appeal and approve the Home Occupation Permit, including on-site set manufacturing, with the finding included in the Alternative B and findings 2 and 3 in the recommendation, striking "without on-site set manufacturing" from finding 2, subject to required conditions and with an added condition that the permit be reviewed by the Hearing Officer within one year to determine that the business it not being invasive to the neighborhood (if complaints received, possible revocation hearing). The Commission then discussed the motion as follows: Commr. Cross stated that he believed that the home occupation, with on-site set manufacturing, directly violated the City's requirements for home businesses. Commissioner Senn applauded the efforts of the applicant and neighbors to work out this situation. Chairperson Karleskint thought that the term "on-site set manufacturing" was confusing and wanted to make sure that it was distinguished from other prohibited kinds of activities as home occupations such as cabinet making. Commr. Cross indicated that very few businesses can be truly compatible as home occupations. He expressed concerns that the garage space may not be always available to meet parking requirements. Commr. Whittlesey felt that the distinction between this proposed home occupation and other allowed types of home businesses falls in the intensity of the use. She suggested that an alternative location be chosen for construction activities. She noted that any allowance for on-site manufacturing would need to include limitations on hours of activity per day, frequency of days per year where the activity was allowed and provision for materials storage. Draft Planning Commission Minutes June 28, 1995 Page 4 Commr. Ready indicated that it was inappropriate to compose elaborate conditions of approval; he felt that the use is either appropriate with standard requirements or it is not. Chairperson Karleskint and Commr. Whittlesey indicated that they supported the business office component, but not the construction activities as part 'of the home occupation permit. A vote was called on the original motion made by Commr. Senn. AYES: Senn, Hoffman, Ready NOES: Cross, Karleskint, and Whittlesey ABSENT: Kourakis The motion failed because of the deadlocked 3-3-1 vote. A second motion was made by Commr. Senn, seconded by Commr. Ready, to deny the appeal, upholding the Hearing Officer's action to approve the home occupation permit, based on findings, with conditions and informational notes. Commr. Hoffman stated that he would support the motion in order that the matter be moved on to the Council. Commr. Cross indicated that he, on the other hand, supported the motion because it reflected an action that was consistent with the previous concerns that he brought out during the hearing. AYES: Senn, Ready, Cross, Hoffman, Karleskint, Whittlesey NOES: None ABSENT: Kourakis The motion carried.