§ 17.30

The following criteria shall be used to determine a valid home-based business:

A.

No employees other than member(s) of the resident family;

B.

No use of material or equipment not recognized as being part of the normal practices in the zone of which the use is a part;

C.

No significant increase in pedestrian or vehicular traffic generated beyond that normal to the zone in which it is located;

D.

No use of commercial vehicles for delivery of materials to or from the premises that exceed the weight and/or vehicle dimension restrictions for residential zones;

E.

No unenclosed outside storage of materials and/or supplies;

F.

No signs other than those permitted in the zone of which it is a part, as provided for in Chapter 17.26;

G.

Use of not more than one room in a dwelling or in an accessory structure for the home-based business;

H.

No alteration of the appearance of the structure or the conduct of the occupation within the structure, such that the structure may be reasonably recognized as serving a nonresidential use, either by color, materials or construction, lighting, signs, sounds or voices, vibrations, etc.;

I.

No use of utilities of community facilities beyond that normal to use of the property for residential purposes;

J.

Conformance with the performance standards of Chapter 17.28.

(Ord. 790 § 1 (part), 2004)

17.30.020 - Home-based business permit.

Prior to commencing any home-based business meeting the criteria set forth in this chapter, a business license with home-based business approval from the planning department must be obtained. The business license, with home-based business approval, shall set forth the name, address and telephone number of the operator, the nature of the operation and by way of the applicant's signature, an acknowledgment of the criteria for a home-based business.

(Ord. 790 § 1 (part), 2004)

17.30.030 - Uses permitted as home-based businesses.

The following are examples of uses permitted, but not limited to, as home-based businesses:

A.

Professional offices;

B.

Offices for personal services, such as janitorial services, gardening services, office services, etc.;

C.

Dressmaking, millinery and other home sewing work;

D.

Handicrafts such as weaving, leather work and other arts and crafts;

E.

Instructional classes, not exceeding two students at one time;

F.

Mail order or direct sales, provided no merchandise is sold on the premises;

G.

Single chair beauty/barber salon;

H.

Repair of electronic equipment and small business machines;

I.

Locksmithing;

J.

Cottage food operation.

(Ord. 790 § 1 (part), 2004; Ord. No. 894, § 1, 10-9-18)

17.30.040 - Uses prohibited as home-based businesses.

The following uses are prohibited as home-based businesses:

A.

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

B.

Major appliance repair;

C.

Uses which entail the harboring, training, raising, or grooming of dogs, cats or other animals;

D.

Uses in violation of public health and/or environmental health statutes or requirements;

E.

Sexually oriented businesses;

F.

Spiritual advisory services.

(Ord. 790 § 1 (part), 2004)

A "cottage food operation," as that term is defined in California Health & Safety Code 113758(a), as may be amended from time to time, is permitted provided that:

A.

Approval Required. An application for approval to engage in a home-based business shall be filed with the planning department pursuant to 17.30.020. In addition to the requirements for a home based business set forth in Section 17.30.020, the application for a cottage food operation shall also include the following:

1.

A statement of whether the applicant is the owner or a tenant of the property on which the use is proposed to be located; and if a tenant, the name and contact information for the property owner, landlord, or management company; as well as the signature of the property owner, landlord or management company consenting to the use;

2.

The address or legal description of the property on which the cottage food operation is proposed to be located;

3.

A copy of the permit issued by or the application submitted or to be submitted to the County of Riverside Department of Environmental Health for the proposed use;

4.

Identification of the name of each individual involved and/or employed in the proposed use and whether they are a family member or household member of the cottage food operator;

5.

A statement of whether the proposed use will involve "direct sales" or "indirect sales" of cottage food products at the subject residence as those terms are defined in California Health and Safety Code 113758(b) as may be amended;

6.

A description, explanation, and amount of projected impacts on traffic, including, but not limited to, the number of deliveries to be received or sent from the subject residence, frequency of loading of products for sale elsewhere, and anticipated consumer or third party retailer visits to the subject residence;

7.

An accurate floor plan drawing(s) of the subject residence showing: (i) areas proposed to be registered and/or permitted by or areas shown on application submitted to the County of Riverside Department of Environmental Health for cottage food preparation, packaging and related exclusive storage; (ii) all doors and exits; (iii) all vehicle parking spaces; (iv) all delivery and/or loading areas; and (v) the location(s) of streets, property lines, uses, structures, driveways, pedestrian walks;

8.

Any additional information, plans, or drawings the planning department may require to determine whether the proposed use will comply with all of the applicable provisions of this section. The city manager, or his or her designee, may authorize omission of any or all of the plans and drawings required by this section if they are not necessary;

B.

Action of Planning Department. After submittal of a complete application and fee as required by this section the planning department shall approve, approve in modified form, or deny the application in compliance with the authority and requirements set forth in California Government Code § 51035, as may be amended from time to time. The planning department shall grant the permit if the proposed cottage food operation, as applied for or as modified, complies with the standards set forth herein. Notwithstanding the foregoing, the planning department, in their discretion may condition approval of the use upon the cottage food operations compliance with any additional reasonable standards related to spacing and concentration, traffic control, or noise which the planning department, in their sole discretion, deems necessary to mitigate the impact of the proposed use on the surrounding residential neighborhood. Within thirty days of receipt of a complete application for a cottage food operation permit, the planning department shall approve or deny the same. The planning department's action shall be in written form and shall contain a brief statement of the facts upon which such determination is based. Not later than five working days following the rendering of such determination, the planning department shall forward a copy of their decision by United States mail, postage prepaid, addressed to the applicant and any other persons requesting a copy of the same. The action of the planning department shall be final and conclusive, unless within the time permitted an appeal is filed appealing the decision of the planning department to the city council.

C.

Standards. Cottage food operations must meet the following requirements:

1.

Spacing and Concentration. No cottage food operation shall be approved if the site of the proposed use is located within three hundred feet of the property line of another cottage food operation.

2.

Traffic Control.

(a)

Parking.

(1)

On-site parking for the residential unit in which the cottage food operation is located shall be maintained free and clear and available for parking and/or deliveries at all times to the extent such parking is necessary to mitigate the cottage food operations impact upon the traffic circulation.

(2)

The cottage food operation shall not result in any appreciable increase in traffic, pedestrian or vehicular.

(b)

Deliveries and Loading. The cottage food operator shall only allow vehicular delivery or loading related to the cottage food operation between the hours of six a.m. and seven p.m.

(c)

The cottage food operator shall not allow any vehicle making a delivery, being loaded, or being used by consumers or third party retailers in relation to the cottage food operation to block or impede the public right-of-way, a vehicular drive aisle, encroach into any required on-site parking space, or idle at any time.

(d)

Sales at the Subject Residence. Cottage food operations engaging in sales to consumers or third party retailers at the residence containing the cottage food operation shall also be subject to the following traffic control standards:

(1)

Visitation to the residence containing the cottage food operation for the purpose of direct or indirect sales is limited to the hours of eight a.m. to seven p.m., Monday through Saturday.

(2)

Visitors shall not be allowed to queue outside of the residence containing the cottage food operation at any time, either on foot or in vehicles.

(3)

There shall be no outdoor sales at any time at the residence containing the cottage food operation.

3.

Noise Control. Cottage food operations shall not create noise levels in excess of those allowed in the applicable residential areas in the noise element of the general plan or in excess of those allowed in residential property pursuant to the Blythe Municipal Code.

4.

Zoning Standards. The cottage food operation shall conform to all applicable federal, state, and municipal laws and regulations applicable to the residential area in which the cottage food operation is located,

including, but not limited to, setbacks, signage, etc.

D.

Approval Revocable. Approval to operate a cottage food operation obtained under this section is revocable at any time by the final approving authority if the business is found to be in non-compliance with any condition of approval or applicable local or state law or regulation governing cottage food operations.

E.

Appeals. Any person aggrieved by the decision of the planning department under this subsection may appeal such decision to the city council by submission to the city clerk, within ten days of the issuance of the planning department's determination, a written request for such appeal. Upon receipt of a timely filed appeal, together with any applicable filing and processing fee, the city clerk shall set the matter for a hearing before the city council at its next most convenient meeting. In acting upon such appeals the city council shall conduct a hearing and shall act upon such application for as cottage food operation permit, in the same manner as is set forth in this code.

(Ord. No. 894, § 2, 10-9-18)

Chapter 17.30A - DENSITY BONUS AND INCENTIVES

17.30A.010 - Purpose; applicability.

A.

The purpose of this chapter is to establish how the state density bonus law, as set forth in California Government Code Section 65915 et seq. ("Density Bonus Law"), will be implemented and to promote the construction of affordable housing within the city.

B.

This chapter shall apply to any housing development that is entitled to receive a density bonus pursuant to the Density Bonus Law.

(Ord. No. 935, § 10, 4-8-25)

17.30A.020 - Definitions.

The definitions found in the Density Bonus Law shall apply to the terms contained in this chapter.

(Ord. No. 935, § 10, 4-8-25)

17.30A.030 - Density bonus, concessions or incentives, waivers, and parking standards.

The city shall provide density bonuses, concessions or incentives, waivers or reductions of development standards, and parking ratios in accordance with the requirements of the Density Bonus Law, as the same may be amended from time to time. In the event of any conflict between this chapter and the Density Bonus Law, the Density Bonus Law shall prevail.

(Ord. No. 935, § 10, 4-8-25)

17.30A.040 - Density bonus calculations and requirements.

A.

In determining the total number of units to be granted, each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.

B.

When calculating the number of affordable units needed for a given density bonus, any fractions of affordable units shall be rounded up to the next whole number.

C.

The density bonus units shall not be included in determining the number of affordable units required to qualify a housing development for a density bonus pursuant to the Density Bonus Law.

D.

The granting of a density bonus and/or related concession(s) or incentive(s) shall not be interpreted, in and of itself, to require a general plan amendment, zone change, or other discretionary approval.

(Ord. No. 935, § 10, 4-8-25)

17.30A.050 - Application.

A.

Application submittal. An affordable housing application for a density bonus, including any incentive, concession, waiver and/or reduction, shall be filed with the development services department concurrently with an application for a housing development.

B.

Application contents. An application shall be accompanied by the following:

1.

Site plan showing the total number of units, number and location of affordable dwelling units and location of proposed density bonus units. The plan must also include a breakdown of the units (e.g., unit sizes, number of bedrooms and baths, the amount of private or common open space dedicated to the units, and the total number of parking spaces).

2.

Summary table showing the greatest number of units permitted by the zoning or general plan excluding any density bonus units, number of proposed affordable units by income level, proposed density bonus percentage, number of bonus units proposed, and total number of units.

3.

Tenure (rental versus for-sale) of affordable units and proposal for ensuring affordability.

4.

A description of all dwelling units existing on-site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period. If dwelling units on the site are currently rented, income and household size, if known, of all residents of currently occupied units. If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size, if known, of residents occupying dwelling units when the site contained the maximum number of dwelling units.

5.

Description of any recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to very low- or low-income households in the five-year period preceding the date of the submittal of the application.

6.

Description of any requested incentive(s) or concession(s) that result in identifiable and actual cost reductions to provide for the affordable housing, including written documentation evidencing the need for such incentive(s) or concession(s).

7.

Description of any requested waiver(s) and/or reduction(s) of development standards that would have the effect of physically precluding the construction of the housing development at the permitted densities or with the concession(s) or incentive(s) permitted by the Density Bonus Law.

8.

Description of requested parking ratios.

C.

The development services department will process the application concurrently with any other applications required for the housing development. Staff shall review the application for completeness and will notify the applicant whether the application is complete in accordance with the provisions of applicable law.

D.

If a proposed housing development would be inconsistent with this title or the Density Bonus Law, the city shall provide the applicant notice of such inconsistency in accordance with the Housing Accountability Act, California Government Code Section 65589.5.

E.

A density bonus application shall be approved or denied in conjunction with the housing development application by the approving body within the timeframes required for approval of such development.

(Ord. No. 935, § 10, 4-8-25)

17.30A.060 - Requirements.

A.

The applicant for a density bonus shall enter into a regulatory agreement with the city in a form to be approved by the city attorney and said agreement shall be recorded against the property. The regulatory agreement shall be approved by the approving body. If an appeal is taken of the project, then the regulatory agreement shall be approved by the decision-maker on appeal.

B.

The applicant shall be required to pay the city's costs for any third-party consultants required to assist the city in drafting a regulatory agreement, developing guidelines, verifying the eligibility of owners or tenants of the affordable units as permitted by law, or any other matter relating to the density bonus.

C.

The required affordable units shall be constructed concurrently with the market-rate units unless both the approving body and the developer agree within the regulatory agreement to an alternate schedule for development.

D.

The affordable units shall be similar in size and number of bedrooms to the market rate units. If the development project includes a range of unit sizes, then the affordable units shall provide a range of unit sizes in proportion to the market rate units. If the project includes a subdivision, the lots with affordable units shall be of similar size to the lots with market rate units. If the development project includes a range of lot sizes, the lots with affordable units shall be no smaller than the smallest lots with market rate units.

E.

The affordable units shall have the same amenities as the market rate units, including the same access to and enjoyment of common open space, parking, storage, and other facilities in the residential development, provided at an affordable rent or at affordable ownership cost specified by California Health and Safety Code Section 50052.5 and California Code of Regulations Title 25, Sections 6910-6924, as the same may be amended from time to time. Developers are strictly prohibited from discriminating against tenants or owners of affordable units in granting access to and full enjoyment of any community amenities available to other tenants or owners outside of their individual units.

F.

If the development project is for units that will be sold, then the affordable dwelling units shall also be forsale units. The regulatory agreement may make provisions for rental of the units for the same level of

affordability that qualified the applicant for the density bonus if the unit is not sold within a period of time specified in the agreement.

G.

Affordable units shall be dispersed throughout the housing development rather than clustered in a single area or a few areas. Location of affordable units within a housing development shall be specified in the regulatory agreement.

(Ord. No. 935, § 10, 4-8-25)

Chapter 17.32 - CONDOMINIUMS AND COMMUNITY APARTMENTS

Sections:

17.32.010 - Defined.

A.

"Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of such real property. Such estate may, with respect to the duration of an enjoinment, be either:

1.

An estate of inheritance or perpetual estate;

2.

An estate for life; or

3.

An estate for years.

B.

"Condominiums" includes "community apartments."

(Ord. 595 § 6.01(A), 1982)