HomeMy WebLinkAbout12/04/1990, 4 - APPEAL OF HOME OCCUPATION PERMIT AT 1075 CAPISTRANO STREET MEETING DATE:
:I Ah,. city of San tins OBISp0 -Qo
COUNCIL AGENDA REPORT ITEM NUMBER:
0
FROM: Arnold Jonas, Community Development Director
SUBJECT: Appeal of Home Occupation Permit at 1075 Capistrano Street
CAO RECOMMENDATION:
Adopt a motion continuing the appeal of Home Occupation Permit
A 74-90 to January '15, 1991.
DISCUSSION:
Subject appeal is scheduled for hearing by the Council on
December 4 , 1990, and a staff report is included in the Council
agenda packet for that meeting. Appellant has submitted a request
(copy attached) for continuance of the matter to the second
meeting in January, 1991. He cites the need for additional time
to negotiate possible mitigation for concerns about the proposed
use as expressed in earlier Planning Commission hearings which
led to denial. Council should consider the request and determine
whether a continuance is appropriate at this time. Based on a
discussion with the Fire Chief, a continuance is recommended.
ALTERNATIVES
Council may choose to continue with the hearing as scheduled and
act on the matter as proposed in the attached staff report.
I
#-A
To : City Clerk November 18, 1990
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA FYI
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From: Gary S. Kunkel, ACAO J
571 Cuesta St. NAV 2 .6j, 199n
San Luis Obispo, CA
(805) 543-5480
Subj. Request for extending the current continuance of Appeal for
Home Occupation Permit -IIA74-90.
The current continuance of the appeal for Home Occupation Permit
-OA74-90 has been advantageous for the Fire Department to work out
arrangements with the Bearces. As you are aware, Ron and Leslie Bearce are
attempting to meet Fire Department requirements concerning use of a new
oxygen machine and other related equipment. Although some of the new
equipment has arrived, some other important components are still in
shipment as of I I / 19/90.
During a meeting last Thursday on November 15th with the Fire Marshall,
the Bearces were told by the Fire Marshall, that he would need a week to
investigate the equipment before he can make a final recommendation on its
installation. The Fire Marshall has also indicated that he will recommend
installation of the equipment in a workshop space requiring fire walls, etc.
within the existing garage or in a seperate workshop to be built in the
Bearce's backyard. The Fire Marshall has referred the Bearces to Hal of the
Planning Department to work out building permits for the new workshop. A
three-way meeting is being scheduled to include the Fire Marshall, Hal of the
Planning Department, and the Bearces. The Bearces have secured the
professional services of an architect to draw up plans for a backyard
workshop in order to meet the requirements of the Fire Department.
Representatives of the Southern California Gas Company are scheduled to
come out and meet with the Bearces this coming Wednesday or Thursday
with the purpose of making arrangements to supply adequate natural gas to
the workshop in order to reduce the volume of other gases such as propane.
At the last Planning Commission Meeting addressing the Bearce Appeal,
several Planning Commissioners stated that an appeal to the City Council
would give the Bearces time to work out their permit problems. Some of the
neighbors have gone on record in support of changing the Bearce's setup as a
condition for them to receive a permit.
_ Pam Richie and/or some other planning staff person(s) may need at least
two weeks prior to the Council meeting in order to adequately prepare a new
staff report.
I, as well, may need some additional time to procure the required safety
data on the oxygen generator and related equipment.
(update as of 11/20/90)
In a phone conversation 11/20/' 90 between the Fire Chief and the
applicant, the Fire Chief indicated that he would require that the new oxygen
equipment be sent out to be tested by an independent safety engineer,
requiring additional time. He indicated that he would request that the appeal
be continued until the 2nd City Council meeting in January.
In a staff meeting that occurred today, 1 1/20/90, the fire chief
requested that the appeal be continued until the second meeting in January
in order that the new equipment can be tested by an independent safety
engineer. It is also my understanding that all the staff people present at the
agenda review meeting supported continuance until the 2nd regularly
scheduled meeting of January 1991 and that Councilmember Penny Rappa,
who was also present, felt that the Fire Chief's request was reasonable.
Therefore an extension to the current continuance is requested
to the second regularly scheduled meeting of January 1991 in order
to allow adequate time for the Fire Department, an independent safety
engineer, the Planning Department, the Building Department, the Bearces,
the architect and myself to work out arrangements. Ron and Leslie also wish
to take all the plans that receive preliminary approval from the Fire,
Building, Planning Departments and gas company to each of their thirty or so
neighbors in order to inform them of the progress made in addressing the
concerns of those neighbors.
Those of us appealing, feel it is important to have all the information
completed for the City Council before they make their decision. I believe
that most, if not all, of the Councilmembers would appreciate having all the
information available to them before making a decision.
Thanks for your time and consideration.
Sincerely, NOV 2 199n
Gary S. jKukel