Division 17.44 — HOME OCCUPATION

Sections 17.44.010 Definitions 17.44.020 Home occupation permit required 17.44.030 Restrictions

In this division:

Cottage food operation has the meaning set forth in Health and Safety Code section 113758.

Home occupation means an occupation conducted at a residence. It does not include a residential rental under division 17.40.

A. Purpose; Presumption. The following regulations apply to home occupations. Restrictions upon home occupations are an accommodation between the values fostered by the preservation of neighborhoods for residential living, and the liberty to conduct private, nonintrusive economic activity in one’s home.

The existence of any of the following create a presumption that there is a home occupation for which a permit is required:

1. Services conducted for pay on the premises;

2. The maintenance on the premises of an inventory of materials used as commercial products or in producing a commercial product;

3. The regular advertising of the residential address; or

4. A residential address is designated as the business location on the business license application (see chapter 10); or

B. Application and fee. A resident wishing to conduct a home occupation must submit an application to the City Clerk on the form provided, together with the non-refundable fee established by City Council resolution. The applicant must also submit a rendering of the house floor plan showing which room will be used for the home occupation. (The drawing must be accurate in its representation, but need not be an architectural rendering.)

C. Notice. The applicant must notify adjacent residents of the intent to obtain a home occupation permit and conduct a business, in a form prescribed by the City Clerk. The notification will include the applicant's name, the address, and description of the business. If the adjacent residents acknowledge receiving this information and sign the form, the notification is complete. If any adjacent resident does not sign the notification form, the city will mail notice to

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that resident and advise the resident of the 15-day period during which comments may be directed to the City Clerk.

D. Review and decision. After the notification period under subsection C, the City Clerk will review the application and any comments received, and determine whether the home occupation permit should be granted. The decision will be based on whether the application complies, and is likely to continue complying, with the restrictions under section 17.44.030 below. The city will notify the applicant in writing of the decision. The decision of the City Clerk may be appealed to the City Council by filing an appeal form with the City Administrator within 10 days of the decision.

E. Validity. Once approved, a home occupation permit is valid as long as there is no change in the location or nature of the business, and it is not revoked for violation of a condition of approval or requirement of this under division 17.80, Enforcement.

F. Business license tax. Each person operating an approved home occupation must also have a current city business license. (See City Code chapter 10.) The failure to maintain a business license for six months or more is grounds for revocation of the home occupation permit.

A home occupation must comply with these restrictions.

1. No employee. Other than residents (or persons who are primarily employed on the premises such as a housekeeper), no other employee may be involved in the home occupation. However, a cottage food operations business may employ not more than one part-time or full-time non-household member as an employee.

2. No traffic. The occupational use may not generate pedestrian or vehicular traffic or parking beyond that normal to the neighborhood. No business invitee is permitted to visit the premises, except that a cottage food operation may engage in direct sales.

3. No merchandise. The occupation may not involve the delivery or storage of resale merchandise on the premises.

4. No outdoor storage. There may not be any outdoor storage of materials or supplies in connection with the home occupation.

5. No sign; no other indication. There may not be any sign on the premises used in connection with the home occupation. The home occupation must be conducted so that there is no external indication of a non-residential use, either by use of color, materials or construction, lighting, signs, sounds or noises, vibrations, or any other indicator.

6. One room only. No more than one room in the residence or any structure on the premises may be used in connection with the home occupation (except for telephone or computer uses). A garage may not be used for the home occupation. A cottage food operation is

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restricted to the registered or permitted area of the home provided for by Alameda County Environmental Health.

7. No advertising using address. There may be no advertising, notices, publications or other written or oral means used to connect the occupation with the premises, and in particular there may be no use of the address in any way connected with the occupation. This restriction does not prohibit: (a) the use of business cards, stationery or invoices with the address of the premises; or (b) the normal advertising or the posting of signs related to the rental or sale of the property, as otherwise permitted by this code.

8. Prohibited occupations. The following occupations or businesses are not permitted, including the use of the telephone number of the premises for business purposes: automobile mechanic or garage; retail general merchandise; sale or storage of scrap metals, salvaged materials, or garbage (other than garbage normally associated with a residence); sale, production or marketing of pornographic publications, films, or products; massage business; manufacture of products requiring heavy machinery.

9. Compliance with terms of home occupation permit. The permit holder must comply with the terms of the permit, may not change or increase the use beyond what was stated in the permit application, and may not operate the business in a way that adversely affects the residential character of the neighborhood.

10. Cottage food operations (CFO) must meet the following additional requirements:

• a. A CFO is restricted to the primary kitchen of the premises as defined in section 17.90.010. (See Kitchen, primary .)

• b. A CFO must comply with the restrictions on gross annual sales as set forth in Health & Safety Code section 113758.

• c. A CFO must obtain and maintain a registration and/or operating permit from Alameda County Environmental Health. A copy of the registration/permit must be furnished to the City Clerk within 15 days of issuance.

• d. Cottage food operations may not conduct sales in an attached garage, detached accessory structure or outside of the dwelling.

• e. If direct sales are proposed at the site of the cottage food operation, no third party or customer is permitted to dine at the cottage food operation.

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