Barnes

City of Los Altos v. Barnes

Good Law
1992 Cal. App. LEXIS 211·3 Cal. App. 4th 1193·5 Cal. Rptr. 2d 77·92 Daily Journal DAR 2404·92 Cal. Daily Op. Serv. 1562
Court of Appeal of CaliforniaFebruary 24, 1992H008251California4,544 words

Opinion

Opinion

Elia, J.

The City of Los Altos (City) successfully enjoined Virginia Barnes from carrying on a home occupation at her Los Altos residence. On appeal, Barnes challenges the constitutionality of the Los Altos zoning ordinance, and contends the trial court failed to consider the hardships a preliminary injunction would impose upon her and her business. For reasons we shall explain, we affirm.

Facts and Procedural Background

Barnes owns a single family home at 1485 Redwood Drive in Los Altos. Barnes also owns and operates Montecito-Sequoia, a recreational family camp located in Tulare County in the Sequoia National Forest.

Barnes completes certain camp-related tasks at her Los Altos residence. These tasks include typing, answering the telephone, filing, organizing fliers, and entering data into the computer. For the last 17 years, Barnes has employed Judy Vincent to help her with this work. On occasion, she also employs others to assist her. Although these individuals work at 1485 Redwood Drive, they do not reside at that address.

Barnes’s residence is zoned R-l. Home occupations are permitted in R-l zones so long as certain requirements are met. A home occupation must be “[a]n…

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