Chapter 20.515 — HOME OCCUPATION PERMITS

The purpose of this Chapter is to provide a process to gain City approval to conduct a home occupation which represents a legal commercial enterprise conducted by an occupant(s) of a dwelling. (Ord. 1017, 2013)

• A. Incidental and secondary. The Home Occupation Permit is intended to allow for home occupations that are conducted within a dwelling located in a residential zone and are clearly incidental and secondary to the use of the dwelling for residential purposes and compatible with surrounding residential uses.

• B. Where allowed by Article 2 . A home occupation may only be conducted when allowed by Article 2 (ZoneSpecific Standards).

• C. Standards and conditions. Home occupations shall comply with the applicable locational, developmental, and operational standards specified in Section 20.515.010 (Permitted and Prohibited Home Occupations) as well as any conditions or terms imposed on the Home Occupation Permit.

• (Ord. 1017, 2013)

• A. Home Occupation Permit required. No person shall conduct a home occupation without first obtaining a Home Occupation Permit in compliance with this Chapter.

• B. Exemption.

  1. Live/work. A legal live/work facility is exempt from the requirement of a Home Occupation Permit.

  2. Small family day care home. A small family day care home for eight or fewer children operated in compliance with State law and Section 20.400.110 (Child Day Care Facilities) is exempt from the requirement of a Home Occupation Permit.

• (Ord. 1017, 2013)

• A. Application.

  1. Filing.

     • a. An application for a Home Occupation Permit shall be filed and processed in compliance with Chapter 20.500 (Application Filing and Processing).

     • b. The application shall be signed by the property owner of record or by an authorized agent.

     • c. Authorized agents shall provide written authorization signed by the property owner.

  2. Required data. The application shall include the information and materials specified in the Department handout for Home Occupation Permit applications, together with the required fee in compliance with the Planning Fee Schedule.

  3. Responsibility. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 20.515.080 (Findings and Decision), below.

• B. Public notice not required. A public notice and hearing shall not be required for the Director's decision on a Home Occupation Permit application.

• (Ord. 1017, 2013)

• A. Permitted home occupations. The following businesses are permitted upon issuance of a Home Occupation Permit:

  1. Authors and composers;

  2. Bookkeepers and typists;

  3. Mail order business;

  4. Office facility of an architect, draftsman, engineer, or others of the same general character;

  5. Office facility of a minister, rabbi, priest or other religious or spiritual leader;

  6. Internet-based business;

  7. Uses of similar nature or characteristics as determined by the Director.

• B. Home occupations which may be permitted with Home Occupation Use Permits. The following classes or uses may be permitted by a Home Occupation Use Permit:

  1. Home occupations that involve production of items for sale off-site or which require a client to visit the home including:

     • a. Home crafts such as model making and rug weaving;

     • b. Artists and sculptors;

     • c. Millinery;

     • d. Individual tutoring including music lessons;

     • e. Uses of similar nature or characteristics as determined by the Director.

  2. Home occupations that involve use of a vehicle (not greater than three-fourths ton in size) or special equipment in conjunction with the business including:

     • a. Construction contractors,

     • b. Carpet cleaning,

     • c. Mobile services (such as auto detailing, etc.),

     • d. Window washing,

     • e. House painting,

     • f. Landscaping,

     • g. Plumbing,

     • h. Electrician,

     • i. Uses of similar nature or characteristics as determined by the Director.

• C. Prohibited home occupations. Prohibited home occupations include the following:

  1. Auto repair, major or minor;

  2. Barber shop or beauty parlor;

  3. Carpentry work;

  4. Dance instruction;

  5. Funeral chapel or funeral home;

  6. Gift shop;

  7. Medical or dental offices, clinics or hospitals;

  8. Painting of vehicles, trailers or boats;

  9. Private schools with organized classes;

  10. Renting of trailers and/or equipment;

  11. Radio and television repair;

  12. Restaurant;

  13. Stable (Except in E-1 zone);

  14. Kennel (Except in Kermore Lane opportunity area);

  15. Upholstery;

  16. Shoe repair;

  17. Cleaning and dyeing;

  18. Preserving and home cooking for off-site sale;

19. Other uses that may generate excessive pedestrian or automobile traffic and that may be obnoxious to adjacent residents by virtue of noise, odor, or appearance as determined by the Director.

(Ord. 1017, 2013)

• A. Director's actions. The Director may approve a Home Occupation Permit application that would be operated in compliance with Section 20.515.070 (Locational, Developmental, and Operational Standards) below, deny the application, or defer action and refer the application to the Commission for review and final decision.

• B. Business License Tax required. In conjunction with the Home Occupation Permit, the applicant shall obtain a Business License in compliance with Municipal Code Chapter 5.04 (Licenses).

• (Ord. 1017, 2013)

• A. Activities.

  1. A home occupation shall be limited to paperwork only, conducted entirely within the designated room of the home, and shall have no need for any type of vehicle to transport materials or equipment used in conjunction with the business other than a private automobile, except as may be permitted under a home occupation use permit.

  2. No direct sales of products or merchandise shall be allowed from the dwelling unit.

  3. On-site storage of materials should be limited to materials required for the operation of the business, samples, and limited finished products which would be stored within the designated room of the home.

• B. Employees. No employment of help other than residents of the dwelling unit.

• C. Floor area. Not more than 10 percent of the primary structure or 100 square feet, whichever is less, shall be used for the home occupation.

• D. Traffic.

  1. The use shall not involve the use of commercial vehicles for delivery of materials to or from the premises, except for regularly scheduled deliveries of overnight delivery services (e.g., Fed Ex, UPS, etc.).

  2. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and parking generated by the conduct of the home occupation shall be accommodated off the street.

• E. Signs. The home occupation shall not involve use of advertising signs on the premises or any other external on-site advertising media which call attention to the fact that the house is being used for a business purpose.

• F. Utilities. There shall be no alteration of utilities or installment of special equipment for the purpose of accommodating the proposed home occupation;

• G. Vehicle. A maximum of one three-fourths ton vehicle may be kept in conjunction with an approved home occupation use permit;

• H. Neighborhood compatibility. In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, noises or vibrations.

• (Ord. 1017, 2013)

• A. Written decision. The Director (or the Commission on a referral) shall review all applications and shall record the decision in writing with the findings on which the decision is based.

• B. Findings. The Director (or the Commission on a referral) may approve a Home Occupation Permit application, with or without conditions, only after first making all of the following findings:

  1. The proposed home occupation will:

     • a. Be consistent with the General Plan, any applicable Specific Plan, and the development and design standards of the subject residential zone;

     • b. Be listed as an allowable use in Article 2 (Zone-Specific Standards);

     • c. Comply with the applicable locational, developmental, and operational standards specified in Section 20.515.070 (Home Occupations) as well as any conditions or terms imposed on the Home Occupation Permit; and

     • d. Be clearly incidental and secondary to the use of the dwelling for residential purposes and be compatible with surrounding residential uses.

  2. The proposed home occupation will not:

     • a. Be detrimental to the public convenience, health, interest, safety, or welfare, or materially injurious to the properties or improvements in the immediate vicinity; or

     • b. Interfere with the use or enjoyment of neighboring existing or future residential developments, and will not create traffic or pedestrian hazards.

• (Ord. 1017, 2013)

In approving a Home Occupation Permit application, the Director (or the Commission on a referral) may impose conditions or terms (e.g., buffers, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the purpose of this Chapter. (Ord. 1017, 2013)

Home occupations may be periodically reviewed and an inspection made of the property by the Department or code enforcement staff to verify continued compliance with the necessary criteria and conditions of approval. (Ord. 1017, 2013)

When a home occupation has been discontinued for at least 90 days the Home Occupation Permit shall immediately expire.

(Ord. 1017, 2013)

An approved Home Occupation Permit shall not be valid until signed by the applicant, with the signature acknowledging the applicant's full understanding and agreement with all of the conditions, and agreement to waive any right to later challenge any conditions imposed as unfair, unnecessary, or unreasonable. (Ord. 1017, 2013)

• A. Not transferable. The Home Occupation Permit is not transferable to another resident.

• B. New permits required. A new Home Occupation Permit, for the same or different home occupation conducted by a new resident, shall be obtained before conducting an allowed home occupation.

• (Ord. 1017, 2013)

A change in the type of home occupation activity (e.g., a change from one allowed activity to another allowed activity) conducted by the original resident/permittee shall also require a new Home Occupation Permit before conducting an allowed home occupation. (Ord. 1017, 2013)

The procedures and requirements in Chapter 20.565 (Permit Implementation, Time Limits, and Extensions), and those related to appeals (Chapter 20.615 ) and modifications and/or revocations (Chapter 20.630 ) shall apply following the decision on a Home Occupation Permit application. (Ord. 1017, 2013)