Chapter 18.56 — HOME OCCUPATION PERMITS

The purpose of a home occupation permit is to allow certain occupations, except large family day care homes, to be conducted within a residential dwelling and/or an accessory building, by the residents thereof, and to ensure that said occupations are incidental and secondary to the residential use and are compatible with the area in which the dwelling is located. (Prior code § 10-3.2801)

The following home occupations shall be permitted provided they do not violate any of the provisions of Section 18.56.040 :

• A. Office uses, such as contracting and consulting, when the residence is used for the sole purpose of receiving mail, telephone calls, and bookkeeping;

• B. Crafts and hobby uses, such as photography, artwork and home crafts;

• C. Services, including but not limited to computer services, tutoring, music lessons and day care;

• D. Off-premises sales and vending, such as import/export, product distributing and swap meet vendors; and

• E. Large family day care, provided:

  1. In addition to the parking required for the dwelling where the large family day care home is conducted, one off-street parking space for each employee who drives to the program and who requires a parking space shall be provided,

  2. It is not located within three hundred linear feet of an existing large family day care home. This requirement shall be disregarded if the applicant can demonstrate that:

     • a. The existing large family day care home is operating at full capacity,

     • b. A need exists for a particular service not provided by the existing large family day care home,

  3. It complies with the noise element of the city's General Plan,

  4. It has been licensed for such use by the state of California;

  5. It complies with all State Fire Marshal requirements for building and safety which apply to large family day care homes, and with all local building and fire codes which apply to singlefamily residences.

(Prior code § 10-3.2802; Ord. 1738 § 25, 2012)

The following home occupations are expressly prohibited in any zone:

• A. Real estate, insurance, law and medical offices;

• B. Beauty shops, massage parlors, private clubs, dance studios and dating services;

• C. The repair or construction of motor vehicles and appliances, machine shops and cabinet shops;

• D. On-premises sales and vending; and

• E. Any business which shall be deemed to be incompatible with the surrounding land uses and which may adversely affect the health, safety and general welfare of the neighborhood in which such business is located.

(Prior code § 10-3.2803)

A home occupation permit may be granted only if all the following conditions are met:

• A. There shall be no generation of traffic, parking, sewerage, or water use in excess of what is normal for a residential use.

• B. There shall be no change in the outside appearance of the residential dwelling, and the home occupation shall not be visible from the street.

• C. The home occupation shall not create a hazard to persons and/or property or become a nuisance.

• D. There shall be no outside storage or display of anything, including signs, related to the home occupation.

• E. No required parking space, either in a garage or otherwise, shall be preempted, nor shall more than one room in a dwelling be utilized to conduct the home occupation.

• F. The community development director may impose such additional conditions as deemed necessary to safeguard the health, safety and general welfare of the neighborhood.

G. The provisions of this section shall not apply to large family day care homes. (Prior code § 10-3.2804)

The procedure for obtaining a home occupation permit shall be as follows:

• A. Filing of Applications. An application for a home occupation permit shall be filed with the community development department on forms provided by the planning division. As a part of the application, the applicant, if not the owner of the property, shall furnish a written statement from the property owner or his representative agreeing to the conduct of the subject business.

• B. Fees. The applicant shall pay to the City a filing fee established by City Council resolution to defray the costs incurred by the City in processing the home occupation permit application.

• C. Reviews and Decisions. Within thirty days after the date on which the application was filed, the community development director or his/her designee shall review the application to determine if the proposed use meets all of the requirements set forth in subsection E of Section 18.56.020 . If it is determined that all such requirements are met, the community development director shall issue the permit.

(Prior code § 10-3.2805; Ord. 1629 § 26, 2003)

The decision of the community development director or his/her designee may be appealed by the applicant or an affected person to the commission and council. Such appeal shall be filed with the community development department within ten days after the date of the decision by the community development director. Upon the receipt of such an appeal, the community development director shall place the matter for consideration on the commission agenda of the first regular meeting of the commission following ten days written notice to the appellant or applicant. The commission shall either approve the application with conditions or deny the application based on its findings. The decision of the commission shall be final, unless it is appealed to the council pursuant to the provisions of Chapter 18.72 of this code. (Prior code § 10-3.2806)

The community development director may revoke any home occupation permit for noncompliance or for any violation of the conditions set forth in granting such approval. A written notice of intention to revoke shall be mailed to the applicant not less than ten days before the revocation. The business license office shall be notified of the revocation of any home occupation permit. The applicant may appeal the decision to revoke the home occupation permit to the commission pursuant to the procedures set forth in Section 18.56.060 . (Prior code § 10-3.2807)