Loading...
HomeMy WebLinkAbout05/15/1990, 8 - APPEAL OF A PLANNING COMMISSION ACTION UPHOLDING THE HEARING OFFICER'S APPROVAL OF A HOME OCCUPATIO MEETING DATE: city of San Luis OBlapo X- - o COUNCIL AGENDA REPORT TEM NUMBER: Q FROM: Arnold Jonas JC mmunity Development Director; Prepared By: Jeff Hoo ssociate Planner SUBJECT: Appeal of a Planning Commission action upholding the Hearing Officer's approval of a home occupation of a painting contractor's office. CAO RECOIMEENDATION Adopt a resolution upholding the Planning Commission's action approving the home occupation permit subject to the recommended findings and conditions. BACKGROUND On April 11, 1990 the. Planning Commission denied the neighbor's appeal and upheld the Hearing Officer's action approving a home occupation permit for a painting contractor's office. Neighbors had appealed the Hearing Officer's March 2, 1990 action conditionally approving the home occupation permit. Neighbors have appealed the Planning Commission's action due to continuing concerns with land use compatibility and neighborhood character. Zoning Regulations allow the conduct of home enterprises ".which are incidental to and compatible with surrounding residential uses (Section 17. 08. 040) ." Home occupations require a permit from the Community Development Department, and must not involve retail sales or uses which would alter the appearance of the home or reduce residents' or neighbors enjoyment of the neighborhood. Consequences of Not Taking the Recommended Action i If Council does not uphold the Planning Commission' s action, the neighbor's appeal will prevail, and the home occupation permit will be denied. The applicant would need to relocate the home office to another location. Data Summary Appellant: San Luis Drive Neighborhood Association Property Owners/Applicants: Wayne and Deborah Johnson Zoning: R-1 General Plan: Low-Density Residential Environmental Status: Categorically Exempt (CEQA Section 15303) Site Description: Level, 60' X 125 ' lot covering 7,500 square feet. I �i�ililNilV�18111�1►n �����`I city of San Luis OBlspo COUNCIL AGENDA REPORT —Staff Report Page 2 DISCUSSION Project Description Mr. and Mrs. Johnson would like to do the bookkeeping for their house painting business in a room over their garage. Built by the previous owner as a guest room, the office has a bathroom and small coat closet, but no cooking facilities. The garage addition received a building permit, and was built in accordance with approved plans. It is occupied by three desks, bookshelves, file cabinets, and computer equipment. The two-car garage below is used mainly for storage in connection with the residential use. It is not used in connection with the business. Only residents of the home use the office; no employees or clients of the painting business visit the home. The business maintains a warehouse at another location for storing tools and paints, and as a meeting place for employees. Conditions of the home occupation permit prohibit customers or employees (other than residents of the home) to visit the site at any time. The applicant has agreed to abide by all conditions listed in the attached home occupation permit, and intends to use the office for bookkeeping and related office uses only. Hearing Officer's Action After taking public testimony, the Hearing Officer approved the permit subject to more stringent conditions than are typically required for home occupations. The standard home occupation allows customer or client visitation between the hours of 7 a.m. and 10 p.m. ; however the Hearing Officer amended the condition to prohibit all client or customer visitation. In addition to the other standard home occupation conditions, condition 11 was added to allow review of the permit if all conditions are not met, or if complaints are received by the Police or Community Development Departments. Planning Commission's Action At its April 11th meeting, the Planning Commission unanimously denied the appeal and upheld the Hearing Officer's conditional approval of the home occupation permit. Commissioners supported the neighbor's objectives to maintain the neighborhoods "quality of life", and felt that the home occupation permit process helped preserve neighborhood character. They noted that since the O '� I��n»���iiVIIIIIIIINInN°���INh1 city O� San 1Uis OBISPO j COUNCIL AGENDA REPORT Staff Report Page 3 Johnsons had applied for the home occupation permit, the neighbor's previous concerns with deliveries and employees at the home had been ameliorated. With the recommended conditions, they felt the home occupation would -be compatible with the neighborhood. Basis For Appeal i The appellants explain the appeal in the attached letter. They cite concerns with preserving the neighborhood's quality of life, and feel that this home occupation will place a burden on the neighbors to monitor the Johnson's compliance with permit conditions. They note that the business already operates a warehouse elsewhere, and feel that a commercial zone is a more appropriate location for the business office. They also question why a home occupation permit is required, based on their understanding that no permit is required to perform light office work in the home. Staff Analysis The owner's request to do bookkeeping and related business activities (mailing, billing, telephone contacts, filing, etc. ) appears consistent with City policies on home occupations, and is not likely to alter the house's character or compatibility with the neighborhood. A home office used for residential purposes does not require a home occupation permit. However a home office used mainly for a commercial business does require a permit and is one of the most common home occupations. Home business offices are usually conducted with few or no customer or client visits. If this permit is approved, the house's appearance and primary use will not change, and the owners could conduct the home business as long as it did not detract from the peace and quiet of the neighborhood. I Home occupations may be conducted from dwellings in residential zones, or in commercial zones where dwellings are an allowed or conditionally allowed use. Certain uses are prohibited as home occupations, like automotive repair, welding or machine shops, or medical offices. Otherwise, the range of uses allowed as home occupations is limited by the applicant's ability to meet the performance standards listed on the home occupation permit (Zoning Regulations excerpt attached) . Provided that the performance standards are met, general contractors' offices are an allowable home occupation. Deliveries and storage of construction materials and equipment could pose neighborhood conflicts, so the Planning Commission added condition 10 prohibiting deliveries and storage in connection with the home business. If this or any other home occupation condition is not met, or if the home occupation changes in a way that impacts �3 1 I�I����i(ViIIIIIiIIUn�u���I�III city of San lues OBISpo COUNCIL AGENDA REPORT Staff Report Page 4 neighbors, such as increased traffic, noise, vibration, or odors, the home occupation can be reviewed by the Community Development Department. At such review, conditions may be changed, added, or the permit may be revoked. Staff feels these provisions, plus the conditions required of this applicant, provide reasonable assurance that this home occupation will be compatible. ALTERNATIVES 1. Adopt the draft resolution, Exhibit "B", upholding the appeal and denying the home occupation subject to the recommended findings 2 . Continue the item with direction to staff or the applicant. I i I i Attachments: - Draft Resolutions -Vicinity Map -Site Plan -Appeal Letter -Home Occupation Permit -Excerpt from Zoning Regulations -Administrative Hearing Minutes I jh/d/A28-90CC.wp I p I U �� Staff Report Page 5 RESOLUTION NO. (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION APPROVING A HOME OCCUPATION PERMIT FOR PAINTING CONTRACTOR'S OFFICE AT 1921 SAN LUIS DRIVE (A28-90) 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 applicant's home occupation permit request A28-90, the appellants' statements, the Planning Commission' s action, staff recommendations and reports thereon, makes the following findings: 1. The proposed use will not adversely affect the health, safety, or welfare of persons living or working at the site or in the vicinity, since the office use will not change the exterior appearance or use characteristics of the home. 2 . The proposed use complies with zoning requirements for home occupations. 3 . The proposed use is categorically exempt from environmental review under the City Environmental Guidelines and the California Environmental Quality Act, Section 15303 . SECTION 2. Conditions. The request for approval of a home occupation permit at 1921 San Luis Drive is hereby approved, subject to the following conditions: 1. The business will be conducted entirely inside without altering the appearance of the home, grounds, or accessory buildings.. 2 . There will be no' sales or displays on the premises. Staff Report Page 6 3 . There will no signs other than address and name of residents. Those signs will meet the requirements for the R-1 zone. 4 . There will be no advertising which identifies 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. No vehicle larger than a 3/4 ton truck will be used in connection with the home occupation. Parking for vehicles used in connection with home occupation will be provided in addition to parking required for the residence. 7 . Activities conducted and equipment or materials used will not change the fire safety or occupancy classification of the premises. Utilities will not be used in amounts greater than normally provided for residential use. 8. The home occupation will not create noise, dust, vibration, smell, smoke, glare, electrical interference, or other hazard or nuisance. 9. Employees shall not visit the homeat any time. 10. Delivery and storage of paint supplies and equipment shall be prohibited. 11. Clients or customers shall not visit the home at any time. 12 . 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 revoke the use permit. On motion of seconded by and on the following roll call vote: AYES : NOES : ABSENT: C� CStaff Report Page 7 the foregoing resolution was passed and adopted this day of 1990. Mayor ATTEST: City Clerk APPROVED: tAinistrative (::; ity Officer j /,/ i Att r-n " i Community.-/Development Director jh/D/a28-90cc.wp n � Staff Report - Page 8 RESOLUTION. NO. (1990 Ser4.es) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S ACTION APPROVING A HOME OCCUPATION PERMIT. FOR A PAINTING CONTRACTOR'S OFFICE AT 1921 SAN LUIS DRIVE (A28-90) 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 applicant's request A164- 90, the appellants' statements, and the Planning Commission's action, staff recommendations and reports thereon, makes the following finding: 1. The proposed use will adversely affect the health, safety, or welfare of persons living or working in the vicinity. 2 . The proposed use is not appropriate at this location, and will not be compatible with adjacent residential uses. 3 . The proposed use is not consistent with Zoning Regulations provisions for Home Occupations. SECTION 2. The home occupation permit for the proposed painting contractor' s office at 1921, A28-90, is hereby denied. On motion of , Staff Report Page 3 1 seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this day of , 1989. Mayor ATTEST: City Clerk APPROVED: efEy—Ad inistrative Officer 41W\"�)`-71i/',I L-4,& t ne Community Development Director i 8- 9 I. O 1 f O 4 \ f+ U 4Jo U N O1 Z 1 1 p1 / O � - O ti' 0 w O / • / ¢ Ko � N O J G_ i n �`,.:r L .t�,�� � =`����,-. .. . �., \ �.vr�� •off-- '_ '.t- - '' .. C A4 11]1 8 J� a ••'fit � I 'C�!Knvr✓, S ITT PLAN 1921 San Luis give I A 28-90 asp d PropQsod Ad dWon : /Remodel ,• •�� _ � 7 � IMS /.ter\V/vRr I fir_ ,��.ti� � '` �f• t=: �.�tMl•.�7� i i I �N Q�� n , 1�i Cit O sAn LUIS 01315 O y p 990 Palm StreetlPost Office Box 8100 • San Luis Obispo, CA 93403 Bt00 r APPEAL TO CITY COUNCIL . In accordance with the appeals procedure as authorized by Title 1 , Chapter 1 . 20 of the San Luis Obispo Municipal Code, the undersigned hereby appeals from the decision of Planning Commission rendered on 4/ 11 /90 which decision consisted of the following ( i . e . set forth factual situation and the grounds for submitting this appeal . Use additional sheets as needed) : See attached O The undersigned discussed the decision being appealed from with: Oil Appellant : Robert Bostrom Name/Title RECEIVED OR 2 4 1990 Representative 1933 San Luis Drive CITY CLERK Address SAN LUIS OBISPO,CA Phone Original for City Clerk �3 Copy to City Attorney Calend red for: 5./ 15/ 90 Copy to City Administrative Of.flcec Copy to the following department( s ) : I� -City Clerk L i APR 2 'j 1933 San Luis Drive San Luis O99sOpo,CA 93401 , EC CI V C AprMayor Don Dunin GVERK 990 Palm Street San Luis Obispo, CA 93401 CINSAN LUISA Dear Mayor Dunin; As residents of a R-1 neighborhood, we appeal the decision of the Planning Commission, with regard to Permit Application A 28-90, which requests a Home Occupation permit to allow a Painting Contractor business at 1921 San Luis Drive. The Planning Commission denied this appeal on April 11, 1990. It is stated in the Zoning Regulations, March 1990, on page 43 , Table 9 that "Offices (contractors) - all types of general and special building contractor's offices " are I allowed in zones 0, C-C,C-R, C-T, C-S, M and are not allowable in R-1 zone. Home Occupation permits should not constitute an exception by which Contracting Businesses can avoid zoning regulation pertaining to R-1 zoning. Since there is an apparent ambiguity as to who or what kind of business activity is appropriate for R-1 zoning, we ask that the Council deny this permit until the City has sufficient time to review neighborhood preservation policy. R lspectfull submitted, 9.33 S¢n �L0 �.3 5e,n 2c Councilmembers JL Page 2 continued / Appeal - Permit Application A 28-90 - to allow a Home Occupation - Painting Contractor Business at 1921 San Luis Drive, San Luis Obispo ---'.�, , �.� � �t 1. c:� �_ � . ,•% �.. i �) ✓'�'`���- ✓'cam-L�-�Lt�.•'� � S".� -3 �.� �'-2 �. .'L. ���I��IIi�I�IIIIII�III�Illjllll j�������� II �. . �III�IIII � �I cityO saint 11S oBispoi a 990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403.8100 March 6, 1990 Wayne and Deborah Johnson 1921 San Luis Drive San .Luis Obispo, CA 93401 SUBJECT: Use Permit Appl. A 28-90 1921 San Luis Drive Dear Mr. and Mrs. Johnson: On Friday, March 2 , 1990, I conducted a public hearing on your request . for a home occupation permit to allow a house painting contracting business, at the subject location. After reviewing the information presented, I approved your request, based on the following findings and subject to the following conditions: Findings 1: The proposed use will not adversely affect the health, safety, or welfare of persons living or working at the site or in the vicinity. 2 . The proposed use complies with zoning requirements for home occupations. Conditions 1. The business will be conducted entirely inside without altering the appearance of the home, grounds, or accessory 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-1 zone. 4 . There will be no advertising which identifies 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) . c7/. C Page 2 A 28-90 � 6. No vehicle larger than a 3/4-ton truck will be used in connection with the home occupation. Parking for vehicles used in connection with the home occupation will be provided in addition to parking required for the residence. 7 . Activities conducted and equipment or materials used will not change the fire safety or occupancy classification of the premises. Utilities will not be used in amounts greater- than normally provided for residential use. 8. The home occupation will not create noise, dust, vibration, smell, smoke, glare, electrical interference, or other hazard or nuisance. 9 . Employees shall not visit the home at any time. 10. Clients or customers; shall not visit the home at any time. 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 revoke the use permit. 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. If the use or structure authorized by this use permit is not established within one year of the date of approval or such longer time as may be stipulated as a condition of approval, the use permit shall expire. See Municipal Code Section 17 . 58 .070.D. for possible renewal. If you have any questions, please call Jeff Hook at 549-7176 . Sincerely, ,t,,,f 5 Ken Bruce Hearing Officer . drs . ii / •.OJG nu cu.uti. .t.,.:: city of sari, *_UIS OBISpo i ' HOME OCCUPATION PERMIT a� Department of Community Development, 990 Palm Street/P.O. Box 8100, San Luis Obispo, CA 93403-8100 (8051 549-7171 Please print clearly or type only in the unshaded areas Return this completed form with your 525.00,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. V�('iy ne, Jneh &Jehn5Name 0n ess'Th..) Applicantgrdshwo � Phone 5_'+J"(�� TT_ Address J in Lits Dr. �(�yILUIS nh,sr�r� ( 1 l3 J Zone Do you own the home?lkyes 0 No. (If you do not own the home, the owner tinust sign this form consen ing to your home occupation.) Accurately describer n C r* (�b t k your occupation* cJC� ' IL.� uw a� 4 6 adare� . e. jc •A more detailed description of your home occupation and a site plan may be required liter. In some cases a hearing may fie 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 am. There will be no signs other than address and name of residents )se signs will meet the requirements for my zone. APPLICANT:i understand that,if a permit is issued,I must meet the requirements listed above. If the requirements are not me[, the There will be no advertising which identifies the home occupation permit will bevoid and the home occupation must cease immediately. by street address or location. 5.My home occupation will not encroach on any required parking, Applica �- yard or open space.(Parking space in a garage is normally required sign. parking.) 6. No vehicle larger than a 34-ton truck will be used in connection Date with my home occupation. Parking for vehicles used in connection OWNER:As Lnof the property,I give the applicant permission to with my home occupation will be provided in addition to parlang conduct business there subject to these conditions required for the residence. 7.Activities conducted and equipment or materials used will not Owner's change the fire safety or occupancy classification of the premises name(print) Utilities will not be used in amounts greater than normally provided Owner's for residential use. sign re 8. My home occupation will not create noise,dust, vibration,smell, smoke, glare, electrical interference, or other hazard or nuisance. Date CO Received y Re6eiptr.Na�o-• 1 2 t l •:a.•:_• ..-:rrt' �.�r r3�R'a�'.. .. '%6'• t ��a {'.... ��� G ti- /, etLi'J'`fr' .>'f>�: , f � r.P��r��'S��Z�S�.F� .,.;rt', \ Permit approved by x�" �, '- iR '`` rY4r• ;.' •�; K.�sT tctis . , `� ,-.i� ELe3rh•:.,.' Comments ;�: rre „ . ,:e of p It +►� "".. . '•" .:: i%"' 'a... b gni+• i •+:. a 7-. 'r t-{ , iLA. � • / ...f,fi:a�i.:. :yv�.'� , �..�:.�:)E.�w.:.� .1.+.i-�s,- h'4a. •-; <..l� f. r 5 i -'� Piy4 rtl� ") 4 1y STR`` ia�(. �: J• "r:_ �i¢O f >°' •::R D �3�'t1`.t_ •i Y -e.ia;�yNd� t. . �;•4j4':.D_♦ C•,�,."�'�f. �•rr' e,; ..,. A:'; ,k'_L"}piL .'KI..0 '!�'.' tn.... 'u�'eliur_ • Y r Y .l +'.•ri ty '-.Y.J ""Qt.t+.1 ,r�l.�LL.tr..:..a.•• �'�':sR=C.:.a,. .>i! <„t'r► !f9�i.:�1K•.�`^ wlQYl �rZ 'cf�'.Ri� .' ` i'�Y.:.{i•1: White- File Yellow-Applicant Pink-Finance 743 Table 9-Uses Allowed by Zone 11-1 9-2 R-3 R-dC16S ort PF C-N C-C C-R C-T C-S M Educational conferences (see Section 17.08.010H) TDD D D Electronic game amusement center PC PC PC PC Employment agencies A D A/D A Equipment rental A A Exterminators and fumigators A A Feed stores and farm supply sales PC A A Florists A A A Fraternities and sororities PC PC Gas distributors -containerized(butane, propane,oxygen,acterylene,etc) D A Government agency corporation yards PC A A Government agency offices and meeting rooms PC D D D Home business (see Section 17.08.040) Homeless shelters(see Section 17.08.110) PC PC PC PC PC PC PC PC PC PC Hospitals PC PC Hot tubs-commercial use PC PC PC D PC PC Insurance service -local A A/D A Insurance services-regional office A/D A Laboratories (medical,analytical) PC A A A Laundry/dry cleaner -cleaning plant A A - pickup point A A A PC A A -self-service A A A PC D Libraries PC A' D A Manufacturing-food,beverages; ice; apparel;electronic,optical, instrumen- tation products;jewelry, musical instru- menu;sporting goods;art materials D A �J A-Allowed D-Directoes approval required PC-Planning commission approval required A/D-Directoes approval on ground floor,allowed above The director shall determine if a proposed,unlisted use is similar to a listed use.Numbered notes are at end of chart r 17.08.040 Home occupation. on business cards and business correspondence origi- nating from the home. A. Intent. The provisions set forth in this section are intended toallow theconductof home enterprises which 6.No vehicle larger than a three-quarter-ton truck may are incidental to and compatible with surrounding resi- be used in connection with a home occupation. dential uses. A"home occupation" is gainful employ- ment engaged in by the occupants of a dwelling. 7. The home occupation shall not encroach on any re- quired parking,yard or open space area. B. Permit Required. 8.Parking forvehicles used in connection with the home 1. The conduct of home occupation requires the ap- occupation shall be provided in addition to parking proval ofa home occupation permit by the director,who required for the residence. may establish additional conditions to further the intent of this section. A permit is required when a person does 9.Activities conducted and equipment or materials used business in his/her home. Home occupations may be shall not change the fire safety or occupancy classifica- conducted fromdwellings located in residential zones or tions of the premises,noruse utilities inamounts greater from dwellings located in commercial zones where than normally provided for residential use.. dwellings are an allowed or conditionally allowed use. 10. No use shall create or cause noise,diist, vibra[ion. A public notice shall be posted at the site of each pro- smell,smoke,glare,or electrical interference,or other posed home occupation. If anyone informs the commu- hazard or nuisance. nity development department of question or objection concerning the proposed home occupation within five 11. No employees other than residents of the dwelling days of the posting,the director shall schedule a hearing shall be allowed (Babysitters or domestic servants are for the application as provided for administrative use not considered employees of a home occupation.) permits. Uno questions or objections are received b ythe community development department within five days . 12..Clientsorcustomers shall not visit the home occupa- after posting, the director may issue the permit upon tion between the hours of ten p.m.and seven a.m. submission of all required information andwithout fur- cher notice or public hearing. 13. If the home occupation is to be conducted in rental property, the property owners autorization for the 2. State licensed child day care centers for six or fewer proposed use shall be obtained. children are exempt from home occupation regulations (see state Health and Safety Code,Section.1529.5). D.Prohibited Uses. The following uses by their opera- tionor nature may interferewith residential welfare and C. General Requirements. diminish the convenience intended for commercial zones, and therefore shall not be pertnitted as home occupa- 1. Home occupations shall not involve frequent cus- [ions: tomer access or have other characteristics which would reduce residents' enjoyment of their neighborhoods. 1.Automotive repair(body or mechanical),or detailing, The peace and quiet of residential areas shall be main- upholstery or painting of automobiles. tained. 2.Barber or beauty shop;. 2.Activities shall be conducted entirelywithin[he dwell- ing unit or an enclosed accessory building,and shall not 3:Carpentry or cabinet making; alter the.appearance of such structures. (Horticultural activities may be conducted outdoors.) 4. Welding or machining; 3.There shall be no sales,rental or display on the prem- 5. Medical offices,clinics, laboratories; ises. 6.Child rare of more than six children or instruction for 4.There shall be no signs other than address and names more than three school-age children or adults at one of residents. time (not counting residents of the home); 5.There shall be no advertising the home occupation by 7.Appliance,radio or television repair; street address except that street address maybe included 12 1 ADMINISTRATIVE HEARING - MINUTES FRIDAY. MARCH 2, 1990 1921 San Luis Drive. Use Permit Appl. A 28-90; Request for a home occupation permit to allow a house painting contracting business'; R-1 zone; Wayne and Deborah Johnson, applicants. Jeff Hook presented the staff report. He explained that on February 9th, an application for a home occupation permit at this address was received by the Community Development Department. The application stated that the business is house painting only, and that only bookkeeping is done in the home. It further stated that a warehouse has been obtained for equipment and truck storage, etc. Based on the applicant's agreeing to the standard requirements for approval, as listed on the application, and since the request is for the office use only in the home, staff recommends approval of the home occupation permit. The public hearing was opened. Deborah Johnson, applicant, spoke in support of the request. She noted that so far, the business has complied with the conditions as listed on the application. She confirmed that the business has a warehouse to store all business equipment. The home will be used by both Mr. and Mrs. Johnson for the purpose of bookkeeping only. No structural changes will be made, to house. She noted that a carpenter had been at the house in previous weeks, but it was for their own personal use. Ms. Johnson explained that she and her husband met with the neighborhood association on Tuesday to answer any questions the neighbors might have and resolve any potential problems. Ken Bruce asked where the warehouse is located. Ms. Johnson said it is located on McMillan Road off of Orcutt Road and there is no office space at the complex. Ken Bruce asked if there are any employees of the business. Ms. Johnson said yes; there are two painters that meet at the warehouse in the mornings, and there is no reason for them to come to the house at all. Ken Bruce asked if the office above the garage is being used as an office. Ms. Johnson replied that it was being used as an office for the business. In response to another question by Ken Bruce, Ms. Johnson noted that they purchased the house in September of 1989 . Bob Bostrom, 1933 San Luis Drive, said the Johnsons are the best neighbors that have ever lived in that house. However, he did not J like the upstairs room being used as an office. He noted the O ��8 I 1 O Page 2 driveway runs right next to his bedroom, and explained that the previous owners rented out the room to students, which was not in character with the neighborhood. He said he felt there were employees working out of the home because of the people working the the garage and cars at the house, and even called the city' s enforcement officer. He did state that he has not seen any vehicles with the business name on it, so business vehicles are not leaving from the premises. However, he did see 15 gallons of paint in the carport at one time, but that wasn't really an issue. He said his main concern is the nature of the neighborhood and what happens to it when businesses are allowed to operate in the R-1 zone. Ruth Bostrom, 1933 San Luis Drive, reinforced the quality of the character of the Johnsons. They were advised when the Johnson's moved in that the upstairs was going to be used as an office, but it appeared that it turned into a place where two employees daily reported for work. At times, Ms. Bostrom stated, a variety of cars would visit the site, and a paint delivery truck would deliver paint on a fairly regular basis. She -felt this was not the type of business that should be allowed in the R-1 zone. She expressed opposition to the business at the home. She felt her legal right to enjoy her property is being infringed by the use of the home occupation next- door. Joan Roberts, 1854 San Luis Drive, noted that the mailing address for the business is 1921-1/2 San Luis Drive. She felt this indicated a separate building for mail delivery. Ken Bruce said he was aware of that addressing; that the City of San Luis Obispo assigns all addresses, and that address (1921-1/2 San Luis Drive) was not one assigned by the city, and therefore, not legal address. He clarified that the address for the 1/2 unit should be removed and not used. Maxine Baker, 1944 Corralitos, said that material is stored at the residence, the office is at the residence, and the use is not appropriate in the R-1 zone. Jane Anderson, 1920 San Luis Drive, said she had no problems with bookkeeping taking place out of the home. She felt it was appropriate thatstorage should occur at a warehouse off-site, and if the painters could meet at the warehouse, possibly the office could be relocated near the warehouse, also. She said she felt the business was inappropriate in this zone. John Shea, 2035 San Luis Drive, said that when the house was remodeled, the unit over the garage was built, which the city never should have allowed. It has been a problem since the time it was U built, and is out of character with the neighborhood. L �/ Page 3 Alice Werbel, 1872 San Luis Drive, said she concurred with everything that was said at the hearing. She said the increase in traffic is incredible. A huge paint truck delivers paint; UPS delivers, in addition to other traffic, which starts before 7 .a.m. Wayne Johnson, applicant, stated that the employees the audience is referring to are not employees of the business; rather 'workers making improvements to the house. No employees come to the site. He noted that girl helped him set up a computer, and another girl comes twice a day for four hours to input data into the computer. He said employees or customers are not allowed at the house; in fact, he does not use his address in conjunction with the business. Jane Anderson asked if a permit was necessary for the, keeping of books only, in the home. Ken Bruce responded that a home occupation permit would be required for that, also. The public hearing was closed. Ken Bruce approved the request, based on the following findings and subject to the following conditions: Findings 1. The proposed use will not adversely affect the health, safety, or welfare of persons living or working at the site or in the vicinity. 2 . The proposed use complies with zoning requirements for home. occupations. conditions 1. The business will be conducted entirely inside without altering the appearance of the home, grounds, or accessory 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-1 zone. 4 . There will be no advertising which identifies 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) . O J�wq_- Page 4 6 . No vehicle larger than a 3/4-ton truck will be used in connection with the home occupation. Parking for vehicles used in connection with the, home occupation will be provided in addition to parking required for the residence. 7 . Activities conducted and equipment or materials used will not change the fire safety or occupancy classification of the premises. Utilities will not be used in amounts greater than normally provided for residential use. 8 .. The home occupation will not create noise, dust, vibration, smell, smoke, glare, electrical interference, or other hazard or nuisance. 9 . Employees shall not visit the home at any time. 10. Clients or customers shall not visit the home at any time. 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 revoke the use permit. Ken Bruce explained that this decision can be appealed by any person aggrieved by the decision. An appeal must be filed within ten days from the date of the action. O"� r MEETING AGENDA 8, DATE S-IS- ITEM # C 1933 San Luis Drive _ San Luis Obispo,CA 93401 April 18,1990 Mayor Don Dunin CEI� D 990 Palm Street 4 991i San Luis Obispo, CA 93401 f C NCIL Dear Mayor Dunin; SS ISPO, CA As residents of a R-1 neighborhood, we appeal the decision of the Planning Commission, with regard to Permit Application A 28-90, which requests . a Home Occupation permit to allow a Painting Contractor business at 1921 San Luis. Drive. The Planning Commission denied this appeal on April 11, 1990. It is stated in the Zoning Regulations, March 1990, on page 43, Table 9 that "Offices (contractors) - all types of general and special building contractor's offices " are allowed in zones 0, C-C,C-R, C-T, C-S, M and are not allowable in R-1 zone. Home Occupation permits should not constitute an exception _by which-.Contracting. .Businesses_.can avoid zoning regulation pertaining to R-1 zoning. Since there is an apparent ambiguity as to who or what kind of business activity is appropriate for R-1 zoning, we ask that the Council deny this permit until. the City has sufficient time to review neighborhood preservation policy. Resp�lsub ntt_e _ / 933 Stly Lc�rs .JQ. f 4a� dCue:, 5. k Da�ctes apron by Lead Person 4w is D r by: ! 6:00 R3 &ILA a D i SA,n LL1 !5 WAtty. c CouncilmemberseA1,i< col r COz °'- OPage 2 continued Appeal - Permit Application A 28-90 = to allow a Home Occupation - Painting Contractor Business at 1921 San Luis Drive, San Luis Obispo _ VL - pV C J