Chapter 30.45 — HOME OCCUPATION PERMITS

The purpose of the home occupation permit is to allow an occupation incidental to and subordinate to a residential use. In order to protect the residential neighborhood, the peace, health, safety and general welfare will be promoted if such uses are authorized only by home occupation permit in accordance with the criteria hereinafter set forth. (Ord. 5399 Attach. A, 2004)

The director of community development may grant home occupation permits in accordance with the criteria herein set forth. In granting a home occupation permit, the director of community development may impose conditions to safeguard and protect the public health, safety and promote the general welfare.

(Ord. 5399 Attach. A, 2004; Ord. 5747 § 82, 2011)

A home occupation permit shall be granted only if the director of community development makes the findings that the proposed home occupation complies with the following criteria:

• A. Except for uses permitted or conditionally permitted in designated historic resources pursuant to Section 30.11.020 and except for uses permitted pursuant to the California Homemade Food Act (AB1616) “Homemade Food Act”, no persons other than residents of the property shall be engaged on the property in the home occupation.

• B. Except for uses permitted or conditionally permitted in designated historic resources pursuant to Section 30.11.020 , no sales of products on the premises shall be permitted.

• C. Except for uses permitted or conditionally permitted in designated historic resources pursuant to Section 30.11.020 , no exterior aspect of the residential structure shall allow the home occupation to be reasonably recognized as a nonresidential use.

• D. Except for uses permitted or conditionally permitted in designated historic resources pursuant to Section 30.11.020 , no display of signs on the premises shall be permitted.

• E. No outdoor storage of materials and/or supplies or other outdoor activity related to the home occupation shall be permitted.

• F. Except for uses permitted or conditionally permitted in designated historic resources pursuant to Section 30.11.020 , no increase in pedestrian or vehicular traffic shall be generated by the home occupation.

• G. Except for uses permitted or conditionally permitted in designated historic resources pursuant to Section 30.11.020 , no required residential parking spaces shall be displaced.

• H. Except for uses permitted or conditionally permitted in designated historic resources pursuant to Section 30.11.020 and except for uses permitted pursuant to the California Homemade Food Act (AB1616) “Homemade Food Act”, no mechanical equipment, other than those used for normal household purposes, shall be permitted.

• I. No hazardous process or emission of smoke, dust, noise, fumes, odors, vibrations or glare shall be permitted.

• J. Except for uses permitted or conditionally permitted in designated historic resources pursuant to Section 30.11.020 and except for uses permitted pursuant to the California Homemade Food Act (AB1616) “Homemade Food Act”, no occupation shall be permitted that occupies more than 10% of the floor area of the dwelling or other building on the premises.

The director of community development may refuse to issue the permit where the home occupation is or will otherwise be contrary to the best interests of the surrounding property or neighborhood. (Ord. 5399 Attach. A, 2004; Ord. 5536 § 24, 2006; Ord. 5747 § 82, 2011; Ord. 5836 § 18, 2014)

For application filing and filing fees, see Chapter 30.40 of this title. (Ord. 5399 Attach. A, 2004)

The director of community development shall consider the request based on the criteria for a home occupation permit and may inspect the premises, after which a decision to either grant a home occupation certificate, conditionally grant a home occupation certificate or deny the home occupation

permit shall be issued in writing and placed in the mail addressed to the applicant. The director of community development shall issue the permit where the applicant shows that the home occupation meets all the criteria for home occupation permit. The decision of the director of community development shall become final 15 days following the date of the decision unless an appeal to the planning commission is filed as herein provided.

(Ord. 5399 Attach. A, 2004; Ord. 5437 § 25, 2005; Ord. 5747 § 84, 2011)

No permit issued under this section shall be transferred or assigned, nor shall the permit authorize any person other than named therein to commence or carry on the home occupation for which the permit was issued.

(Ord. 5399 Attach. A, 2004)