La Palma Municipal Code Art. III Home Business Licenses

No individual, firm, copartnership, joint venture, association, corporation, estate, trust, or any other entity shall operate, conduct, or manage any business in a residential dwelling except upon the issuance of a home business license in accordance with the provisions of this article.

(Code 1975, § 13-40; Ord. No. 82-6, § 1; Ord. No. 2004-03, § 4)

Application shall be made in writing on a form approved by the City Manager.

(Code 1975, § 13-41; Ord. No. 82-6, § 1; Ord. No. 2004-03, § 4)

Upon receipt of the application, the City Manager shall refer the matter to the appropriate members of the City staff, who shall investigate and report to the City Manager all facts or evidence bearing upon the nature of the home occupation.

(Code 1975, § 13-43; Ord. No. 82-6, § 1; Ord. No. 2004-03, § 4)

Within 30 days after the filing of the application with the City Manager, and after having received the investigation report, the City Manager shall either:

(1) Issue a home business license if the City Manager finds that the home occupation will conform to the requirements of this chapter and will comport with the peace, health, safety, convenience, good morals, and general welfare of the public. To ensure that such home occupation will comport therewith, the City Manager may impose such terms, conditions, and restrictions upon the operation and conduct of such home occupation in addition to the requirements of this chapter as the City Manager may deem necessary.

(2) Deny the home business license if the City Manager determines that the operation of the home occupation will not comport with the provisions of this chapter or with the peace, health, safety, convenience, good morals, and general welfare of the public.

(Code 1975, § 13-44; Ord. No. 82-6, § 1; Ord. No. 2004-03, § 4)

The home business license fee shall be in accordance with the gross receipts schedule of section 22-59. Proration of fees shall be in accordance with the provisions of section 22-12.

(Code 1975, § 13-45; Ord. No. 82-6, § 1; Ord. No. 2004-03, § 4)

The applicant may appeal the decision of the City Manager to either issue or deny the home business license to the City Council by filing a written appeal with the City Clerk within ten days following the determination. The City Council shall conduct a public hearing within 30 days following the filing of the appeal. At the conclusion of the public hearing, which shall be noticed in accordance with the provisions of division 2 of article IV of chapter 44 (Hearings), the City Council shall either direct the issuance of the home business license, direct the issuance of home business license with conditions, or deny the home business license.

(Code 1975, § 13-46; Ord. No. 82-6, § 1; Ord. No. 2004-03, § 4)

An appeal processing charge in an amount to be determined by the City Council is required for and shall accompany all appeals to the decision of the City Manager.

(Code 1975, § 13-47; Ord. No. 82-6, § 1; Ord. No. 2004-03, § 4)

A home business license issued pursuant to the provisions of this article shall, unless otherwise provided by the City Manager or City Council at the time of issuance of the permit, be valid for a period of one year.

(Code 1975, § 13-48; Ord. No. 2004-04)

No home business license issued under the provisions of this article shall be transferable except with the written consent of the City Manager, which may require the transferee to file on original application in accordance with the provisions of this article.

(Code 1975, § 13-49; Ord. No. 82-6, § 1; Ord. No. 2004-03, § 4)

Any home business license issued under this article may be renewed by filing a request for renewal upon an application form to be approved by the City Manager at least 15 days prior to the date of expiration. The City Manager may authorize the renewal of the permit based upon the same standards as are set forth herein for the original issuance thereof. The decision of the City Manager on renewal may be appealed to the City Council in the same manner as set forth above for the appeal of the original determination of the City Manager.

(Code 1975, § 13-50; Ord. No. 82-6, § 1; Ord. No. 2004-03, § 4)

The establishment and conduct of home occupations authorized by this article shall comply with the following requirements:

(1) There shall be no exterior evidence of the conduct of a home occupation.

(2) A home occupation shall be conducted only within the enclosed living area of the dwelling unit or within the enclosed garage.

(3) Electrical or mechanical equipment which create visible or audible interference in radio or television receivers or cause fluctuations in line voltage outside the dwelling unit shall be prohibited.

(4) Only the residents of the dwelling unit may be engaged in the home occupation.

(5) There shall be no physical delivery of goods directly to customers at the premises.

(6) The establishment and conduct of a home occupation shall not change the character of the use of the dwelling unit involved.

(7) There shall be no signs related to the home occupation.

(8) The required residential off-street parking shall be maintained.

(9) A home occupation shall not create greater vehicular or pedestrian traffic than normal for the neighborhood in which it is located.

(10) No vehicles advertising the business may be parked on the street or driveway of the residence.

(11) Separate and prior approval of any flammable materials by the Fire Marshal is required.

(12) The home business will not create any noise or odors beyond the property which could be construed as a nuisance.

(Code 1975, § 13-52; Ord. No. 82-6, § 1; Ord. No. 2004-03, § 4)