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PC R 13-2198IRESOLUTION NO. 13 =2198 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE REVOKING HOME OCCUPATION PERMIT 11 -047 LOCATED AT 553 CAROL PLACE ISSUED TO DOUG DE ALMEIDA WHEREAS, the Community Development Director of the City of Arroyo Grande approved Home Occupation Permit 11 -047 on March 12, 2012 in accordance with the Municipal Code of the City of Arroyo Grande; and WHEREAS, on December 3, 2013, at a duly noticed public hearing the Planning Commission considered the revocation; and WHEREAS, the Planning Commission finds that the above project is not subject to CEQA per Section 15061 b.3. (Review for Exemption) of the CEQA Guidelines; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances do exist in non - compliance with the permit requirements. ' Home Occupation Permit No. 2011 -047 (Municipal Code Section 16.16.160.D) violated conditions: A. The use of the dwelling for such home occupation shall be clearly incidental to and subordinate to its use for residential purposes by its inhabitants. The occupation use is not clearly incidental to the residential use. C. There shall be no change in the outward appearance of the building or premises or other visible evidence of the activity. The occupation use is apparent from the exterior of the home. E. No Home Occupation shall be conducted in the garage. The garage must be kept clear for the parking of vehicles at all times. There is evidence that the garage is being used to store paint, painting supplies and other equipment. G. No equipment or process shall be used on the property that creates noise, smoke, glare, fumes, odor, vibration, electrical, radio or television interference disruptive to the surrounding properties. Fumes are disrupting surrounding properties. H. The use shall not involve storage of materials or supplies in a garage or outside ' structures. Materials and supplies are being stored in the garage and around the exterior. RESO NO. 13 -2198 DECEMBER 3, 2013 PAGE 2 L. No washing of equipment shall be performed on the premises such that non- , stormwater discharge enters the storm drain system. All Federal, State, County and City codes regarding non - stormwater discharge.shall be observed. On December 14, 2011, the San Luis Obispo County sent a letter stating that County officials inspected the Property and observed the discharge of pollutants to the storm drain system in violation of San Luis Obispo County Code Section 8.68.080. This is also a violation of the City's stormwater regulations constituting "illicit discharge ". M. Waste materials are not allowed to accumulate on site and proper disposal of"waste materials shall be performed. Waste materials and "supplies are accumulating'around the; exterior. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo`Grande hereby revokes Home Occupation Permit 11 -047 with the above4indings. On motion by Planning Commissioner Sperow, seconded by Planning Commissioner Martin, and by the following roll call vote, to wit: AYES: Sperow, Martin, Keen NOES: None ' ABSENT: None the foregoing Resolution was adopted this 3rd day of December, 2013. ATTEST: DEBBIE WEICHINGER SECRETARY TO THE COMMISSION AS TO CONTENT: DEVELOPMENT DIRECTOR KEEN PRESIDING OFFICER