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PLANNING & ZONING AGENDA ITEM REVIEW FORM |
5.B.
Planning & Zoning Commission Meeting
- Meeting Date:
- 01/14/2020
- Submitted By:
- Jose A. Guzman, Director of Planning & Zoning, Planning & Zoning Department
ITEM:
Public hearing followed by discussion and possible action on any and all matters regarding Text Amendment Case No. 2019-0835. A request by the City of San Luis for a text amendment to the San Luis Code Chapter 152 Zoning Regulations §152.221, Home Occupations by adding language regarding number of taxicabs allowed per business in a residential district.
A. Open public hearing
C. Action on Text Amendment Case No. 2019-0835
A. Open public hearing
1. Staff presentation
2. Call to the Public on this item
B. Close public hearingC. Action on Text Amendment Case No. 2019-0835
BACKGROUND:
The intent of this proposed amendment is to limit the number of taxicabs a business is allowed to have within a residential district as home occupation.
As per City Code §152.221, a home occupation shall be considered a permitted accessory use in all residential districts provided that they are operated and maintained to not interfere with the peace, quiet, and dignity of the property owners or neighbors (defined as those who live nearby where the occupation can be seen or heard or other nuisance impacts detected), if it complies with the following regulations:
As per City Code §152.221, a home occupation shall be considered a permitted accessory use in all residential districts provided that they are operated and maintained to not interfere with the peace, quiet, and dignity of the property owners or neighbors (defined as those who live nearby where the occupation can be seen or heard or other nuisance impacts detected), if it complies with the following regulations:
- All home occupations shall be clearly incidental and subordinate to the use of the property and dwelling unit for dwelling purposes. A valid city business license shall be maintained for the home occupation use;
- Is conducted entirely from within the principal residence, garage, or accessory building and shall not change the residential character thereof. Carports and yards may not be used for home occupations. Exceptions to this provision shall be made for swimming lessons or in-home day care;
- No more than 25% of the gross floor area of the dwelling shall be devoted to the home occupation. Areas devoted to the home occupation use shall maintain a residential appearance;
- There shall be no employees other than members of the immediate family residing in the dwelling unit where the home occupation is being operated;
- Deliveries and pickups shall not block traffic circulation and shall occur only between 8:00 a.m. and 8:00 p.m. Monday through Saturday;
- There shall be no external evidence of the activity such as outdoor storage, displays, noise, dust, odors, fumes, vibration, electrical interference or fluctuation, or other nuisances discernible beyond the property lines;
- No signs signifying the business or any commercial product or service are allowed;
- Customer/patron and shipping/receiving trip generation shall not exceed five trips a day. Exceptions to this shall be allowed for music and swim lessons and home child care providers provided traffic does not disturb residential tranquility;
- No vehicle, used in conjunction with the home occupation, with a payload rating of more than one ton, shall be stored on the site. Outside storage of heavy equipment or material shall be prohibited;
- Storage of goods and materials necessary for the home occupation shall not include flammable, combustible or explosive materials; and
- The home occupation shall not use or create hazardous waste.
SUMMARY:
Staff has received a number of complaints about houses having many taxicabs in their front yard, which interferes with the current home occupation regulations and creates a nuisance to the neighbors.
This text amendment will add the following language to the Home Occupations regulations:
"A home occupation of a taxicab or livery business in a residential district shall be limited to a business operating no more than two taxicabs or liveries. Any taxicab or livery business operating more than two taxicab or livery vehicles shall not be considered eligible to be a home occupation in any residential district."
This text amendment will add the following language to the Home Occupations regulations:
"A home occupation of a taxicab or livery business in a residential district shall be limited to a business operating no more than two taxicabs or liveries. Any taxicab or livery business operating more than two taxicab or livery vehicles shall not be considered eligible to be a home occupation in any residential district."
RECOMMENDED MOTION:
I MOVE TO FORWARD TEXT AMENDMENT CASE NO. 2019-0835 TO THE CITY COUNCIL WITH RECOMMENDATION OF APPROVAL AS PRESENTED BY STAFF.
