Below is my final attempt to get Council action on this issue.
Dear Burbank City Council Members,
I am writing to request your support for amendments to our Home Occupation Ordinance that would allow for up-to 2 visits a day (5-10 a week) as per my previous letters on this subject. A quick review of surrounding cities within Los Angeles & Orange County show other cities have much more flexible ordinances that do allow for on-site client visits (see Attachments). The Home Occupation Task Force which I was briefly part of was charged with seeing if there was a way to make it slightly more flexible with regards to client visits while maintaining our neighborhood protections. Unfortunately Task Force members were not able to find a way, even though I presented clear evidence from other City & County Ordinances that show this could be achieved. Staff has been against making changes from day 1 and the stacked Tasked Force made up of 1 Chamber Rep, 1 Board of Realtors Rep & 2 Retired Citizens did essentially what Staff wanted them to do. It’s important to note that no survey or notice of meetings was sent to the 1200-1400 residents with registered Home Occupations in Burbank for their input. I would encourage you to review the minutes of the 2nd meeting I participated in for some of my comments on specific changes. I’m also attaching a copy of my resignation email so as to avoid any undue controversy re alleged inadvertent Brown Act Violations (keep in mind this was an Ad Hoc committee). The City has an opportunity this evening to display both leadership and understanding of current economic conditions and advances in technology that enable more people to work at home, especially in media related professions. I ask you direct Staff to come back with an amended ordinance with a provision that allows a reasonable number of visitors with an on-site parking provision. Thank you for your consideration.
UPDATE 2/17/11: As expected, the Council voted 4-1 to adopt Staff’s recommended changes containing only 1 amendment, with virtually no discussion outside of Dr. Gordon on the major issue of Client Visits. Mayor Anja Reinke called it “crazy” but still voted for it “as is”. Gary Bric asked a question about set-backs, while Dave Golonski & Jess Talamantes said absolutely nothing, surprising since they had supported it before and pledged their support during their Election Campaigns. * Video highlights are now available on my BurbankHomeBiz YouTube channel (see below Links).
What that means (according to Staff) is you are breaking the law if you have anyone visit your home for business purposes, including clients picking up or dropping off work, although I beg to differ with their interpretation. Of course the ordinance is unenforceable; you can have as many family members & friends visit as you like and there’s no way for the Home Occupation Police to determine who’s coming & going, and unless you’re creating a disturbance you probably don’t have much to worry about out as enforcement is complaint based (although Staff could manufacture bogus complaints just to hassle you). I’ve stated before that I believe the ordinance violates our constitutional rights and is discriminatory as it allows some people (music teachers) to have client visits, and I hope to have the item re-considered before a new Council. I gave up going to Council meetings a long time ago after their failure to grasp the Film Permit Ordinance and specifically their failure to allow the use of even 1 external low-watt light (LED, CFL etc.) for photo/video purposes. Unfortunately they still just don’t get it. Another EPIC FAIL!