§ 9-44.090. Home Occupations

The requirements of this Section shall apply to the conduct of a home occupation in any residential dwelling unit.

A.

Allowable home occupation activities. A home occupation shall be limited to business and professional services that do not involve the on-site presence of more than one client at a time (except as provided for in the California Child Day Care Facilities Act Title 1596.70). It shall be unlawful to conduct a home occupation of any other type unless allowed by the underlying zoning district.

B.

Standards for home occupations. Each home occupation shall comply with all of the following standards.

1.

The business or professional service use shall be clearly incidental and secondary to the use of the dwelling for residential purposes.

2.

No sign(s) relating to the home occupation shall be allowed.

3.

No person, other than residents of the home, shall conduct business at the dwelling which is granted the Home Occupation Permit.

4.

No home occupation shall be developed or operated in a manner that will change the residential character and/or appearance of the property, or in a manner as to cause the property to be recognized as a place where a home occupation is conducted.

5.

The area of use for all home occupations shall be confined entirely to one room in the dwelling, not to exceed 20 percent of the total gross floor area of the dwelling, and the entrance to the home occupation space shall be from within the dwelling.

6.

No garage, carport, accessory structure, or similar structure shall be used in conjunction with a home occupation. However, a garage may be used for the storage of items related to an allowed home occupation; provided, there is enough room to park one motor vehicle in a one-car garage or two motor vehicles in a two or more car garage. The dimensions of a motor vehicle for the purpose of this Subsection shall be no less than eight feet wide and 15 feet long. Further, there shall be a clearance of no less than 20 inches on each side of the vehicle(s).

7.

The home occupation shall not attract or generate any additional vehicular or foot traffic to the dwelling beyond that which is considered normal for the zoning district in which the home occupation is located.

8.

No equipment or process shall be used in the home occupation which creates fumes, glare, noise, odor, or vibration detectable to the normal unaided human senses off the parcel, if the occupation is conducted in a single-family detached residence, or outside the dwelling unit if it is conducted in other than a single-family detached residence. No equipment or process shall be used which creates visual or audible electrical interference in any radio or television receiver or other electronic device outside the dwelling unit or causes fluctuations in the line voltage outside the dwelling unit. No use of materials or mechanical equipment not recognized, as being part of normal household uses shall be allowed.

9.

The home occupation shall not cause, involve, or result in the use of commercial vehicles for delivery of materials or supplies to or from the premises, excluding parcel service and the United States mail.

10.

The home occupation shall not generate any solid waste or sewerage discharge in volume or type, which is not normally associated with residential use.

11.

In the case of a dwelling which is part of a common interest ownership community, the provisions of this Section shall not be deemed to supercede any agreement, by-laws, covenant, deed restriction, master deed, or other documents which prohibit a home occupation.

C.

Prohibited Uses. The following uses are expressly prohibited as home occupations:

1.

The repair, reconditioning, servicing, or manufacture of any internal combustion or diesel engine or of any motor vehicle, including automobiles, trucks, motorcycles or boats;

2.

Repair, fix-it, or plumbing shops;

3.

Uses which entail the harboring, training, breeding, raising, or grooming of dogs, cats, or other animals on the premises, unless otherwise allowed in Section 9-44.060(D)(3) (Breeding of dogs and cats in Residential Zones);

4.

Uses which entail food handling, processing, packing or sales;

5.

Healing arts (patients on premises);

6.

Uses which utilize explosives or highly combustible materials and activities which involve the handling, use, generation, or storage of hazardous materials as defined in California Code of Regulations, Sections 66084 and 66060;

7.

Uses which will result in the overnight parking of commercial vehicles (with a gross weight of 10,000 pounds or greater) within the residential area in which the home occupation occurs; and

8.

Beauty salons.

D.

Permit requirement. It is unlawful to operate a business from a dwelling without a valid Home Occupation Permit, issued in compliance with Subsection F (Home Occupation Permit procedures), below.

E.

Limitation on Home Occupation Permit holder. A Home Occupation Permit may only be granted to a resident of the home.

F.

Home Occupation Permit procedures. A Home Occupation Permit shall be processed and may be issued as an administrative matter by the Director after review and consideration of the application without the requirements for a public hearing.

1.

Application requirements. Applications for Home Occupation Permits shall be made before engaging in the business on the forms provided by the Department, and shall include all of the information and materials required by the Director.

2.

Review and decision. After receiving a written application for a Home Occupation Permit, the Director may conduct, or cause to be conducted, an investigation of the application as may be deemed appropriate, and shall within 14 days, either issue a permit to the applicant or render a written decision to the applicant.

a.

The permit may be conditioned to ensure compliance with the provisions of this Section.

b.

If one or more of the standards identified in Subsection B, above cannot be satisfied by the applicant for a Home Occupation Permit, the Director shall disapprove the application, or at the Director's discretion, may refer the application to the Commission for consideration at a noticed public hearing conducted in compliance with Chapter 9-74 (Public Hearings).

c.

The decision of the Director shall be final unless appealed in writing within 14 days after the date of the written decision in compliance with Chapter 9-76 (Appeals).

3.

Appeal. An appeal shall be filed and processed in compliance with Chapter 9-76 (Appeals). It shall be the responsibility of the applicant to pay all appeal fees and to provide a list of surrounding property owners in compliance with Chapter 9-76 (Appeals).

4.

Transfer of permit. A Home Occupation Permit shall not be transferable; each new home occupation shall require a new permit.

5.

One-year review. All home occupation permits shall be subject to review by the Director within one year after their initial approval or as a result of any complaint by any person affected by the operation of the home occupation.

6.

Violations. In the event of an alleged violation of a home occupation permit, the permittee shall, at the request of the Director, or their designee, submit proof of compliance for City review in the form of either (a) date stamped and authenticated photographs or videotape which demonstrates that no violation exists, or (b) an invitation by the permittee to the Director to visit the site of the alleged violation. The sufficiency of the evidence shall be evaluated on the basis of the clear and convincing evidence standard. If the Director determines that the access allowed or the evidence presented is not sufficient to verify compliance with the Home Occupation Permit, the permit shall be subject to revocation. Revocation of a Home Occupation Permit by the Director can be appealed to the Planning Commission pursuant to the provisions of this Code.

7.

Revocation. Home Occupation Permits issued pursuant to this Subsection may be revoked by the Commission, following a public hearing upon such revocation, for any repeated violation of the standards set forth in this Subsection or of the permit conditions.

(Amended during 3-07 supplement; Exh. A, Ord. 1147, eff. August 20, 2009)