§ 9107.13

A.

Filing. An application for a Home Occupation Permit shall be filed and processed in compliance with Section 9107.03 (Application Processing Procedures). The application shall include the information and materials specified in the most up-to-date Department handout for Home Occupation Permit applications, together with the required fee in compliance with the Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection 9107.13.080 (Findings and Decision), below. Initial review of the application, including time requirements and requests for information, shall be in compliance with Subsection 9107.03.060 (Initial Application Completeness Review).

B.

Project Review Procedures. Following receipt of a completed application, the Director shall investigate the facts necessary for action consistent with the purpose of this Section.

C.

Public Notice Not Required. A public notice and hearing shall not be required for the Director's decision on a Home Occupation Permit application.

9107.13.040 - Allowed Home Occupations.

A.

Where Allowed. Home occupations are allowed in residential zones in compliance with Division 2 (Zones, Allowable Uses, and Development Standards).

B.

Allowed Home Occupations. Any activity producing income, or intended to produce income, conducted entirely within a residential dwelling by the inhabitants of the dwelling, which use is clearly incidental and secondary to the use of the structure for residential purposes, which does not change the character of the dwelling, and only when conducted in compliance with the applicable locational and operational standards identified in Subsection 9107.13.070 (Compliance with Standards and Conditions), below.

The following uses are not incidental to or compatible with residential activities and are prohibited as home occupations:

A.

Adult businesses;

B.

Alcohol sales;

C.

Ammunition, explosives, or fireworks, sales, use, or manufacturing;

D.

Barber and beauty shops;

E.

Businesses that entail the commercial breeding, boarding, grooming, harboring, kenneling, raising, and/or training of dogs, cats, or other animals on the premises;

F.

Carpentry (on-site) and cabinet making (does not prohibit a normal wood-working hobby operation);

G.

Fortune telling (Psychic);

H.

Lawn mower and/or small engine repair;

I.

Massage establishments (on-site);

J.

Medical and dental offices, clinics, and laboratories;

K.

Mini storage;

L.

Plant nursery;

M.

Retail or wholesale sales of products stored at the residence;

N.

Storage and/or sales of equipment, materials, and other accessories to the construction and service trades;

O.

Tattoo parlors;

P.

Television, radio, or appliance repair;

Q.

Tobacco/hookah lounges/parlors;

R.

Vehicle repair (body or mechanical), upholstery, automobile detailing (e.g., washing, waxing, etc.) and painting (This does not prohibit "mobile" or resident-conducted minor repair or detailing at the customer's location);

S.

Vehicle sales;

T.

Welding and machining; and

U.

Other similar uses determined by the Director not to be incidental to or compatible with residential activities.

9107.13.060 - Director's Decision.

A.

Director's Actions. The Director may approve a Home Occupation Permit that would be operated in compliance with Subsection 9107.13.070 (Compliance with Standards and Conditions) below, or the Director may defer action and refer the application to the Commission for review and final decision.

B.

Business License Required. Immediately following the effective date of an approved Home Occupation Permit, when no appeal has been filed, the applicant shall obtain a Business License in compliance with Municipal Code Section 6211 (License Required).

9107.13.070 - Compliance with Standards and Conditions.

A.

Compliance Required. Home occupations shall comply with the applicable locational, developmental, and operational standards identified in this Section as well as any conditions imposed on the Home Occupation Permit.

B.

Required Standards. Each home occupation shall comply with all of the standards specified in Subsection 9104.03.140 (Home Occupations).

The Director shall review all Home Occupation Permit applications and shall record the decision in writing with the findings on which the decision is based. The Director (or the Commission on a referral) may approve a Home Occupation Permit application, with or without conditions, only if it first makes all of the following findings. Failure of the Review Authority to make all of the following findings shall result in denial of the Home Occupation Permit application:

A.

The proposed home occupation will be consistent with the General Plan, any applicable specific plan, and the development and design standards of the subject residential zone;

B.

The proposed home occupation shall meet all of the requirements of this Section and will be located and conducted in full compliance with all of the standards specified in Section 9107.13.070 (Compliance with Standards and Conditions), above, and all conditions imposed on the Home Occupation Permit;

C.

The proposed home occupation will not be detrimental to the public convenience, health, interest, safety, or welfare, or materially injurious to the properties or improvements in the immediate vicinity; and

D.

The proposed home occupation will not interfere with the use or enjoyment of neighboring existing or future residential developments, and will not create traffic or pedestrian hazards.

In approving a Home Occupation Permit application, the Director (or the Commission on a referral) may impose conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with this Section and the findings required by Subsection 9107.13.080 (Findings and Decision), above.

Home Occupation Permits shall immediately expire upon discontinuance of the home occupation, as that term is defined in Division 6 (Nonconforming Uses, Structures, and Parcels).

The Director shall have the right at any time during normal City Hall business hours, upon request, to enter and inspect the premises subject to a Home Occupation Permit in order to verify compliance with the

locational, developmental, and operational standards identified in Section 9107.13.070 (Compliance with Standards and Conditions), above.

A Home Occupation Permit shall not be valid until signed by the applicant, with the signature acknowledging the applicant's full understanding and agreement with all of the conditions, and agreement to waive any right to later challenge any conditions imposed as unfair, unnecessary, or unreasonable.

A new Home Occupation Permit and Business License, for the same or different home occupation conducted by a new resident, shall be obtained before conducting an allowed home occupation.

A change in the type of home occupation activity (e.g., a change from one allowed activity to another allowed activity) conducted by the original resident/permittee shall also require a new Home Occupation Permit and Business License before conducting an allowed home occupation.

The procedures and requirements in Section 9108.11 (Permit Implementation, Time Limits, and Extensions), and those related to appeals, public notices and hearings, revocation, and enforcement in Division 8 (Development Code Administration) shall apply following the decision on a Home Occupation application.

Section 9107.15 - Planned Development Permits

9107.15.010 - Purpose and Intent.

The purpose of this Section is to provide a process for approving a Planned Development Permit that is intended to:

A.

Ensure Efficient Use of Land and Better Living Environment. Provide a method whereby land may be designed and developed as a single unit by taking advantage of modern site planning techniques thereby resulting in a more efficient use of land, a better living environment, and a superior site plan, and excellence of design than is otherwise possible through strict application of the development standards specified in Division 2 (Zones, Allowable Uses, and Development Standards) and Division 3 (Regulations Applicable to All Zones - Site Planning and General Development Standards;

B.

Ensure High Standards of Environmental Quality. Ensure development that meets high standards of environmental quality, public health and safety, the efficient use of the City's resources, and the purpose, intent, goals, policies, actions, and land use designations of the General Plan and any applicable specific plan; and

C.

Provide for Enhanced Amenities. Incorporate a program of enhanced amenities (e.g., enhanced landscaping, LEED or other "green" related standards, additional and enhanced open space, additional public art, improvements to an existing public facility [e.g., park or trail, etc.]) than typically required by this Development Code.