Public hearing followed by discussion and possible action on any and all matters regarding Text Amendment Case No. 2019-0835 and Ordinance No. 395.  An ordinance of the Mayor and City Council of the City of San Luis, Arizona, amending the San Luis City Code Chapter 152 Zoning Regulations §152.221, Home Occupations by adding language regarding number of taxicabs allowed per business in a residential district.  (Jose A. Guzman, Director of Planning & Zoning) 

A. Open public hearing B. Close public hearing
C. Action on Reading of Ordinance No. 395 by title only
    (City Clerk to read ordinance by title only)
D. Action and adoption of Ordinance No. 395

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:

1.  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;
2. 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;
3. 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;
4. There shall be no employees other than members of the immediate family residing in the dwelling unit where the home occupation is being operated;
5.  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;
6. 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;
7. No signs signifying the business or any commercial product or service are allowed;
8. 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;
9. 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;
10. Storage of goods and materials necessary for the home occupation shall not include flammable, combustible or explosive materials; and
11. The home occupation shall not use or create hazardous waste.

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 (2) taxicabs or liveries.  Any taxicab or livery business operating more than two (2) taxicabs or livery vehicles shall not be considered eligible to be a home occupation in any residential district."  

CITIZEN REVIEW MEETING:
The Citizen Review meeting was held on January 7, 2020, at City Hall Council Chambers at 6:00 p.m.  The intent of this meeting was to allow the public to learn about the project, ask questions, and express comments.  There were no members of the public present in regard to this case.

PLANNING AND ZONING COMMISSION:
The Planning and Zoning Commission held a public hearing for this item at their regular meeting of January 14, 2020 at the City Hall Council Chambers at 7:00 p.m.  The commission recommended approval of this request with condition that those businesses eligible for home occupation need to park their taxis inside their property and not on public right of way.

STAFF RECOMMENDATION:
Staff recommends approval of Ordinance No. 395.  This proposed ordinance is to limit the number of taxicabs a business is allowed to have within a residential district as home occupation.

I MOVE TO OPEN PUBLIC HEARING. B. I MOVE TO CLOSE PUBLIC HEARING

C. I MOVE TO APPROVE THE READING OF ORDINANCE NO. 395 BY TITLE ONLY.
    (City Clerk to read ordinance by title only)

D. I MOVE TO APPROVE AND ADOPT ORDINANCE NO. 395