Rosemead Municipal Code Ch. 5.41 Home Occupations

Footnotes:

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Editor's note— Section 5, exh. B of Ord. No. 931, adopted Oct. 22, 2013, amended Ch. 5.41 in its entirety to read as herein set out. Former Ch. 5.41 consisted of §§ 5.41.010—5.41.140, pertained to the same subject matter, and derived from Ord. No. 925, adopted Jan. 22, 2013.

These regulations are provided so that certain incidental and accessory uses may be established in residential neighborhoods as home occupations under conditions that will ensure their compatibility with the neighborhood.

(Ord. No. 931, § 5(Exh. B), 10-22-13)

A. No person may establish or operate a home occupation within the City without first obtaining, and continuing to maintain in full force and effect, a Home Occupation Business License. The issuance of a Home Occupation Business License shall satisfy the requirement of this Code that every applicable business obtain a business license.

B. Every Home Occupation Business License is subject to the requirements of this chapter, and the regulations of the zoning district in which the business is located.

C. A request for a Home Occupation Business License must be accompanied by a Home Occupation Business License Application, completed in full detail with the required current information set forth in Section 5.41.050.

D. A Home Occupation Business License is valid for a period of one year from the date of issuance.

E. If a Home Occupation Business License is not renewed, the Home Occupation Business License shall become null and void.

(Ord. No. 931, § 5(Exh. B), 10-22-13)

A. A Home Occupation Business License must be renewed on an annual basis, provided that the owner and the business continues to meet all applicable requirements set forth in this chapter.

B. A request for license renewal must be accompanied by an updated Home Occupation Business License application, completed in full detail with current information.

C. The application and appropriate fee must be received by the City at least thirty (30) calendar days prior to the expiration of the existing license.

D. The City will process a request for a license renewal in the same manner as the original application.

(Ord. No. 931, § 5(Exh. B), 10-22-13)

A Home Occupation Business License shall not be transferable.

(Ord. No. 931, § 5(Exh. B), 10-22-13)

A. Application. Any person desiring to obtain a Home Occupation Business License must submit an application to the Community Development Director or his/her designee on the form provided by the City. The application must contain the following information and the following items:

1. Home address.

2. Applicant name.

3. Business name (DBA).

4. Type and description of business.

5. Telephone numbers (home, office, and mobile).

6. Property owner name.

7. Property owner address.

8. Property owner telephone numbers (home and mobile).

9. Size of home in square feet.

10. Size of area to be used for home occupation in square feet.

11. Site plan and floor plan showing location of business.

12. Location of this area (home or garage).

13. Emergency contact information (name and phone number).

14. Proof of residence (grant deed, property tax bill, or picture identification).

15. A renter or lessee shall provide the lease contract, signed owner's approval on the Home Occupation Business License Application, and a copy of his/her tax bill or grant deed.

16. A renter or lessee shall provide picture identification.

17. Every business owner shall sign a declaration on the application acknowledging their understanding and indicating their intention to comply with the operation requirements of this chapter.

B. Application Fee. A fee, as established by Council resolution, shall be paid upon filing of such application.

(Ord. No. 931, § 5(Exh. B), 10-22-13)

A. Investigation. Following the submission of a completed application form, as well as all documents, materials, and fee required under Section 5.41.050, the Community Development Director, or his/her designee, will promptly undertake a review and evaluation of the applicant's proposal for the purpose of verifying the proposal's compliance with the requirements and conditions of this chapter, as well as its consistency with zoning requirements of Title 17 of the Rosemead Municipal Code and the City's General Plan. Within fourteen (14) days after the filing of the application, the Community Development Director, or his/her designee, shall issue the license or a written statement shall be sent by certified mail to the applicant, setting forth the reasons for denial of the license.

B. Approval. The Community Development Director, or his/her designee, shall issue the license if he or she makes all of the following findings:

1. That the proposed home occupation is consistent with the zoning requirements of Title 17 and the City's General Plan;

2. That the proposed home occupation is consistent with the home occupation requirements and conditions of this chapter and all other applicable Municipal Codes;

3. That no substantial evidence has been received which would indicate that the information contained in the application and supporting data is not true; and

4. That the applicant has agreed in writing to abide by and comply with all the conditions of the license and applicable laws.

C. Denial. An application for a Home Occupation Business License shall be denied for any of the following reasons:

1. The application is incomplete and does not contain the required information, documents, materials, and fee required under Section 5.41.050;

2. An applicant has made one or more material misstatements in the application;

3. That the home occupation business, if licensed, will not comply with all applicable laws including, but not limited to, requirements and operation conditions of this chapter, zoning requirements of Title 17, and all other applicable municipal codes; or

4. An applicant has had a license revoked for cause by the City within two years of the application date.

The Community Development Director, or his/her designee, may only issue a Home Occupation Business License that would be operated in full compliance with this chapter and the zoning requirements of Title 17 of the Rosemead Municipal Code.

(Ord. No. 931, § 5(Exh. B), 10-22-13)

Home occupations consistent with the requirements of this chapter are permitted as an accessory use to a residential use in compliance with residential permitted uses contained in Chapter 17.16 R-1 Single-Family Residential Regulations, Chapter 17.20 R-2 Light Multiple Residential Regulations, Chapter 17.24 R-3 Medium Multiple Residential Regulations, and Chapter 17.74 RC-MUDO Residential/Commercial Mixed-Use Development Overlay Regulations.

(Ord. No. 931, § 5(Exh. B), 10-22-13)

The establishment and conduct of home occupations, not including cottage food operations, shall comply with the requirements of this Section. General requirements and standards for cottage food operations, as defined in Article 1, Section 17.04.050 of this Zoning Code, are provided Section 5.41.110 (Cottage food operations) of this chapter.

A. All home occupations shall be conducted only within the enclosed area of the dwelling and shall be clearly incidental to the residential use of the structure. The business may be located in a garage, provided all off-street parking for the applicable zoning district is met.

B. There shall be no outdoor display, sales or storage of materials or equipment related to the home occupation on the premises.

C. There shall be no exterior evidence of the conduct of a home occupation.

D. The principal character or use of the dwelling within which the home occupation is conducted shall in no way be altered (by the use of color, materials, construction, lighting, signs, sounds, noises, vibrations, display of equipment, etc.) so that it may be reasonably recognized as serving a nonresidential use.

E. No motor or mechanical equipment shall be permitted other than that normally incidental to the residential use of the structure, including, but not limited to, power tools, wood and metal working equipment, auto repair tools and equipment and any other tools or equipment that require a compressor, electrical power or which cause a substantial emanation of noise.

F. Home occupations may not generate pedestrian or vehicular traffic beyond that considered normal within the surrounding neighborhood.

G. No storage of materials and/or supplies, indoors or outdoors, shall be permitted that will be hazardous to surrounding neighbors or detrimental to the residential character of the neighborhood.

H. No more than two hundred (200) square feet of the residence shall be employed for the use of the home occupation.

I. Electrical or mechanical equipment that creates visible or audible interference in television or radio receivers or causes fluctuations in line voltage outside of the dwelling unit shall be prohibited.

J. No home occupation activity shall create dust, electrical interference, fumes, gas, odor, smoke, glare, light, noise, vibration, toxic/hazardous materials, liquid or solid waste or other hazards or nuisances other than that normally incidental to residential use of the structure. Home occupations shall not create any other negative effect that may be felt, heard, or otherwise sensed on adjoining parcels, as determined by the Community Development Director.

K. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of flammable, explosive, or hazardous materials.

L. Required residential off-street parking shall be maintained.

M. There shall be no motor vehicles used or kept on the premises, except residents' passenger vehicles, and one commercially licensed automobile, pick-up truck, or van. Furthermore, the commercial vehicle shall not exceed ¾ ton.

N. Any employees associated with the home occupation must be full-time residents of the dwelling. Proof of residency will be required at any time upon request by the City.

O. Examples of acceptable home occupations, provided they do not violate any of the provisions of this chapter include, but are not limited to:

1. Professional office for an architect, accountant, realtor, or sales representative.

2. Consulting businesses (provided all work is picked up and delivered to the client by resident).

3. Artist or author (provided all work is picked up and delivered to the client by resident).

4. Businesses such as home crafts are allowed if the home crafts are sold off-site (i.e. retail store, etc.).

(Ord. No. 931, § 5(Exh. B), 10-22-13)

The following list presents examples of commercial uses that are not incidental to or compatible with residential activities, are suitable only in nonresidential zoning districts, and are therefore prohibited as home occupations:

•

Wholesale and retail sales, not including cottage food operations (e.g. automobiles, merchandise, herb and/or pharmaceuticals, guns and/or ammunition, etc.);

•

Dating services;

•

Adult businesses;

•

Fortunetelling, palm reading, psychics, and similar activities;

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Massage services;

•

Hair, nail, facial, and similar personal care;

•

Medical and dental offices;

•

Vehicle repair (body or mechanical), towing, or automobile detailing (e.g., washing, waxing, tinting, etc.) at the site of the home occupation;

•

Plumbing, machine, or sheet metal works;

•

Carpentry shops;

•

Contractor storage yard;

•

Testing, maintenance, repair, towing or storage of any boat, aircraft, or motorized vehicle;

•

Laundering of clothes or other articles; and

•

Animal kennels or breeding.

(Ord. No. 931, § 5(Exh. B), 10-22-13)

All cottage food operations shall be required to obtain approval of a business license in accordance with the provisions of the chapter and shall conform to the following standards and regulations:

A. The applicant for the cottage food operation business license shall be the individual who conducts the cottage food operation from his or her private dwelling unit and is the owner of the cottage food operation. The permit shall not be transferable to another operator, nor transferable to another site.

B. No cottage food operation shall be approved if:

(1) The property line of the site of the proposed use is located within three hundred (300) feet and on the same street or the corner of cross-street of the property line of any single-family home where another cottage food operation is located; or

(2) If the proposed use is located within the same building of an apartment complex or other multifamily housing (i.e. condominiums or townhomes) where another cottage food operation exists.

C. No greater than one cottage food employee, as defined by California Health and Safety Code Section 113758(b)(1), and not including a family member or household member of the cottage food operator, shall be permitted on the premises of the cottage food operation.

D. All cottage food operations shall comply with the requirements of the Los Angeles County Department of Public Health and the California Department of Public Health.

E. Permitted food products that can be produced at the dwelling unit as part of the cottage food operation shall be limited to those cottage food products listed by the California Department of Public Health.

F. Only cottage food products produced at the cottage food operation may be sold at the dwelling unit involved.

G. The use shall be conducted within the portion of the subject dwelling registered and approved by the county of Los Angeles Department of Public Health.

H. There shall be no change in the outside appearance of the dwelling unit or premises, or other visible evidence of the conduct of the cottage food operation.

I. No signs shall be permitted for cottage food operations, except those required by government agencies.

J. The use shall not generate pedestrian or vehicular traffic or parking needs beyond the normal to the residential district. Required residential off-street parking shall be maintained.

K. There shall be no motor vehicles used or kept on the premises, except residents' passenger vehicles, and no more than one commercially licensed automobile, pick-up truck, or van. Furthermore, the commercial vehicle shall not exceed ¾ ton.

L. All on site vehicle parking shall be conducted in a manner consisted with Rosemead Municipal Code.

M. Visitation and deliveries incidental to the cottage food operation shall be limited to the hours of seven a.m. to seven p.m., Monday through Friday, eight a.m. to six p.m. Saturdays and Sundays, and shall not be permitted on holidays.

N. Electrical or mechanical equipment that creates visible or audible interference in television or radio receivers or causes fluctuations in line voltage outside of the dwelling unit shall be prohibited.

O. A cottage food operation shall not create dust, electrical interference, fumes, gas, odor, smoke, glare, light, noise, vibration, toxic/hazardous materials, liquid or solid waste or other hazards or nuisances other than that normally incidental to residential use of the structure.

P. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of flammable, explosive, or hazardous materials.

Q. Gross annual sales shall not exceed the amount specified in California Health and Safety Code Section 113758.

R. The use shall conform to the noise standards prescribed in Municipal Code Title 8, Chapter 8.36.

S. The cottage food operation shall comply with all applicable inspection requirements of Los Angeles County and Environmental Health.

T. The cottage food operation shall cease, and the permit for the cottage food operation shall become null and void, when the use becomes detrimental to the public health, safety and welfare, or constitutes a nuisance, or when the use is in violation of any statute, law, or regulation.

U. Additional conditions may be applied as deemed necessary by the Director.

(Ord. No. 931, § 5(Exh. B), 10-22-13)

A. Grounds for Revocation. The Community Development Director may revoke a Home Occupation Business License when:

1. Any of the applicable requirements of this chapter ceases to be satisfied; or

2. There is any criminal activity associated with the residence;

3. The application is discovered to contain incorrect, false or misleading information; or

4. The home occupation has been operated in violation of any of the requirements of this chapter and:

a) If the violation is of a continuous nature, the business continues to be operated in violation of such provision for more than fifteen (15) days following the date written notice of such violation is mailed or delivered to the operator; or

b) If the violation is of a non-continuous nature, one or more additional violations of the same provision, or two or more violations of any other of the provisions, of this chapter occur within any twelve-month period.

B. Notice of Revocation.

1. Upon determining that grounds for license revocation exist, a formal written notice of the proposed revocation will be provided to the owner.

2. Such notice must summarize the principal reasons for the proposed revocation, and state that the revocation will become effective on the 20th day after the notice was deposited in the U.S. mail, unless the owner files an appeal under Section 5.41.120.

3. The notice must be delivered both by posting the notice at the location of the home occupation business, and by sending the same, by certified mail, to the owner as that name and address appears on the license.

A. Any interested person may appeal a decision of the Community Development Director regarding the denial or revocation of a Home Occupation Business License by filing a complete notice of appeal with the City Clerk within ten (10) days from the date notice of such decision is mailed. To be deemed complete, the appeal must:

1. Be in writing and state the grounds for disagreement with the Community Development Director's stated decision;

2. Include the address to which notice is to be mailed;

3. Be signed under penalty of perjury; and

4. Be accompanied by the filing fee established by City Council resolution.

B. If an appeal is timely filed, the City Manager, or his/her designee, will hear the appeal and the City Clerk will cause to be set a date for the hearing of the appeal not more than thirty (30) days from the date the appeal is received.

1. The hearing will be a de novo hearing on the action which is the subject of the appealed.

2. At the hearing, the appellant will have the right to offer testimonial, documentary and tangible evidence bearing upon the issues.

3. The City Manager, or his/her designee, will not be bound by the formal rules of evidence.

4. Any hearing under this Section may be continued for a reasonable time for the convenience of a party or a witness.

C. The City Manager, or his/her designee, will issue written findings and a decision within fifteen (15) days of the conclusion of the hearing, and send notice of the decision by certified mail to the appellant. The notice of the decision must include reference to the appellant's right to prompt judicial review under California Code of Civil Procedures Section 1094.8.

D. The action by the hearing officer will be final unless timely judicial review is sought pursuant to California Code of Civil Procedures Section 1094.8.

(Ord. No. 931, § 5(Exh. B), 10-22-13)

No person may obtain a Home Occupation Business License for two years from the date any order of license revocation affecting such person has become final.

(Ord. No. 931, § 5(Exh. B), 10-22-13)

A. Any owner of a home occupation business violating or permitting the violation of any of the provisions of this chapter will be subject to any and all civil remedies, including license or license revocation. The administrative citation process and any and all remedies provided herein are cumulative and not exclusive.

B. In addition to the remedies set forth in division (A), any home occupation business operating in violation of these provisions is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation.

C. The regulations imposed under this chapter are part of a regulatory licensing process, and any violation of this chapter does not constitute a criminal offense. Notwithstanding any other provision of this Code, the City does not impose a criminal penalty for violations of this chapter related to expressive activities.

(Ord. No. 931, § 5(Exh. B), 10-22-13)