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3A Public Hearing 2013 0520
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3A Public Hearing 2013 0520
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CM City Clerk-City Council - Document Type
Staff Report
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5/20/2013
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8B Consent 2013 0603
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In terms of the circulation plan, Commissioner Rennie said the CFO applicants won’t be <br />developers or others who are accustomed to site plans. It may be a difficult requirement to meet <br />from a practical standpoint. Planner Barros said that there have been no problem getting site plans <br />from people who are operating businesses from their homes. <br />Commissioner Hernandez asked whether any dialogue regarding fire safety in CFOs in multi- <br />family environments when this bill was developed. Planner Barros said she didn’t believe so. The <br />laws specifically states that they can be operated in apartments as well as homes. She said CFO <br />kitchens must be up to code, but CFOs aren’t required to have commercial kitchens. <br />Chair Collier invited public comments. There were none. <br />Commissioner Rennie asked if the spacing regulation could be made along a ROW so that it <br />doesn’t bleed over from one block to the next. Chair Collier agreed that back-to-back spacing <br />considerations are unnecessary, and suggested that linear feet along the front made more sense <br />than circumference. <br />Planner Barros suggested adding “as measured along the street frontage” to the spacing <br />regulation. <br />Commissioner Rennie recapped the motion he proposed: <br /> To the extent that spacing applies, it should be 150 feet versus 300 feet, measured in linear <br />feet along the frontage <br /> Spacing (Regulation C-1) and on-street parking (C-2) requirements would not apply to CFOs <br />that either 1) declare they will not engage in sales on the premises or 2) are located in multi - <br />family developments that have two or more guest parking spaces <br /> Gross revenue figures would be removed from the definition <br />Planner Barros said that City enforcement of the on-site sales prohibition would not be practical. <br />The County allows sales from the home. Ms. Faught said that in the event of a complaint, we <br />could potentially revoke the permit. Planner Barros said yes, but it would lead to considerable <br />staff time. <br />Commissioner Rennie said he’s sensitive to the issue of staff time, so requested some <br />clarification about the staff time she’d anticipate. Planner Barros said it would take considerable <br />effort to determine whether someone is actually selling product from the home. In the past, for <br />example, staff have dealt with complaints about people selling flowers out of their garage. She <br />personally drove by the home several times and never witnessed it, and the community <br />compliance people also have checked and never witnessed it. She said we have to assume that <br />CFOs will sell from their homes, which is what the law and the County certification allow. It does <br />not say we can disallow selling from the home. <br />Commissioner Rennie said we aren’t saying they cannot sell from their homes; we’re saying if <br />they want to sell from their homes, they cannot be located within a certain proximity to another <br />CFO. Ms. Faught said she thought the proposal he made was acceptable from a legal viewpoint. <br />In the event of a complaint, Commissioner Rennie suggested something he has done in the past <br />– ask the complaining party to take a picture, or take down license plate numbers, etc. Planner <br />Barros said the complaining neighbor in the example she’d cited didn’t want to go on record or <br />provide evidence. <br />Planner Barros said that originally staff considered prohibiting signage in front of the home, but <br />the state does not allow us to do that. Accordingly, these regulations include nothing about <br />signage and relaxing the concentration requirement could mean signs posted at every other home.
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