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.
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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
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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.
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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
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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.
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Attachments:
- Draft Resolutions
-Vicinity Map
-Site Plan
-Appeal Letter
-Home Occupation Permit
-Excerpt from Zoning Regulations
-Administrative Hearing Minutes
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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:
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CStaff Report
Page 7
the foregoing resolution was passed and adopted this day
of 1990.
Mayor
ATTEST:
City Clerk
APPROVED:
tAinistrative
(::;
ity Officer
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Community.-/Development Director
jh/D/a28-90cc.wp
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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:
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Community Development Director
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990 Palm StreetlPost Office Box 8100 • San Luis Obispo, CA 93403 Bt00
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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
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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
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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
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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
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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
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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) .
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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 .
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.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
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Permit approved by x�" �, '- iR '`` rY4r•
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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
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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
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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
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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
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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.
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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
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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.
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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
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