Chapter 17.84 — LIVE/WORK UNITS AND HOME-BASED BUSINESSES

Sections

• 17.84.010 Purpose and applicability. 17.84.020 Definitions.

• 17.84.030 Live/work units.

• 17.84.040 Home occupations.

• A. The purpose of this chapter is to:

  1. For home-based businesses, prescribe the conditions under which limited nonresidential activities may be conducted when incidental to residential activities.

  2. For live/work units, prescribe the conditions under which limited residential activities may be conducted when incidental to nonresidential activities.

  3. Promote jobs/housing balance and reduce vehicle miles traveled through allowances for live/work units and home-based businesses.

• B. The regulations shall apply to all home-based businesses and live/work units operating in the city.

For this chapter, the following words are defined:

• A. “Cottage food operation” means an enterprise that is operated by a cottage food operator and has not more than one (1) full-time equivalent cottage food employee, not including a family member or household member of the cottage food operator, within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared or packaged for direct and/or indirect sale to consumers.

• B. “Home occupation” means an accessory activity of a nonresidential nature, which is performed within a living unit, accessory structure located on the premises, or within a garage attached thereto and reserved therefor, by an occupant of the living unit, and which is customarily incidental to the residential use of the living unit. This use shall be considered residential for the purposes of determining development standards.

• C. “Live/work unit” means an integrated housing unit and working space, occupied and utilized by a single household in a structure that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes the following: complete kitchen space and sanitary facilities in compliance with the building code, and working space reserved for and regularly used by one or more occupants of the unit. This use shall be considered commercial for the purposes of determining development standards.

• A. Purpose. The purpose of this section is to:

  1. Provide standards for live/work units, including the reuse of existing commercial buildings to accommodate live/work units.

  2. Promote a mix of housing options by allowing business operators to live in the same building that contains the commercial activity, particularly artists, small business owners, and craftspeople.

  3. Allow combined residential uses with commercial or small-scale manufacturing uses in the same building space, generally with the resident using the combined or adjacent workspace for their business. Typical uses include artist lofts, studio spaces, small offices, and similar low-intensity uses, either in new developments or as adaptive reuse of existing structures.

• B. Use Limitations. The nonresidential component of a live/work unit shall be a use allowed within the applicable zoning district, subject to the following additional limitations:

  1. Conditional Uses. A conditional use permit is required for live/work units with three (3) or more nonresident employees.

  2. Changes in Use. After approval, a live/work unit shall not be converted to a single use without first bringing the unit up to current building code standards.

  3. Prohibited Uses. Any activity or use, as determined by the review authority to be incompatible with residential activities and/or to have the possibility of adversely affecting the health or safety of live/work unit residents including dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, waste, or by-products is prohibited.

• C. Development Standards.

  1. Floor Area Requirement. The floor area shall be a minimum of six hundred and fifty (650) square feet and a maximum of three thousand (3,000) square feet. The nonresidential portion of the live/work unit shall be no more than fifty (50) percent of the total unit area and comply with all California Building Code, Fire Code, and Municipal Code requirements.

  2. Separation and Access to Units. Each live/work unit shall be separated from other units and other uses in the same building and shall have an access separate from other live/work quarters or other uses within the structure. Access to the live/work unit shall be provided only from exterior access points, the nonresidential workspace, and from common access areas, corridors, or hallways.

  3. Active Frontage. To maintain activity and commercial access along the frontage, the living space shall be located at the rear of the building or situated on the second floor and above. Exceptions may be granted subject to obtaining a conditional use permit in accordance with Chapter 17.76 (Use Permits and Variances).

  4. Nonresidential Facilities. A live/work unit shall be designed to accommodate nonresidential uses, such as ventilation, interior storage, flooring, and other physical improvements commonly found in nonresidential facilities used for the same work activity.

5. Mixed-Use Buildings. If a building contains mixed uses of live/work units and other nonresidential uses, uses other than live/work shall meet all applicable requirements for those uses.

   6. Parking. Each live/work unit shall be provided off-street parking in accordance with Chapter 17. 64 (Off-Street Parking).

• D. Operating Requirements.

1. Occupancy. A live/work unit shall be occupied and used only by the operator of the business within the unit, or a household of which at least one (1) member shall be the business operator.

2. Business License Required. All businesses operating within a live/work unit shall obtain a license to operate in compliance with city regulations.

3. Notice to Occupants. The owner or manager of any building containing live/work units shall provide written notice to all occupants that the property may be subject to higher noise levels than would be expected in a strictly residential area.

4. Nonresident Employees. Up to two (2) persons who do not reside in the live/work unit may work in the unit. The employment of three (3) or more persons who do not reside in the live/work unit may be permitted subject to obtaining a conditional use permit in accordance with Chapter 17.76 (Use Permits and Variances). The owner may be required to provide proof of tax forms verifying the number of employees as deemed necessary by the city.

5. Client and Customer Visits. Client and customer visits to live/work units are permitted.

• A. Subject to issuance of a business license and a home occupation permit, home occupations are permitted in all zoning districts that permit residential uses subject to the following standards:

  1. Residential compatibility. The activity is one which is customarily incidental to and not inconsistent with the use of the premises as a dwelling.

  2. Size. The activity occupies no more than twenty-five (25) percent of the floor area of the dwelling unit or four hundred (400) square feet, whichever is less.

  3. On-Site Client Contact. Except for a minor accompanied by a parent or guardian, no more than one (1) client/customer is permitted at the residence at the same time. Customer or client visits are limited to four (4) per day or six (6) per day for personal instruction services (e.g., musical instruction or training, art lessons, academic tutoring).

  4. Sales. With the exception of direct sales for cottage food operations in accordance with Section 17.84.050 (Cottage food operations), and as allowed by state law, no product shall be displayed for sale or sold upon the premises. Products created on the premises may be sold off-site.

  5. Outdoor Storage Prohibited. Goods, equipment, and materials associated with a home occupation shall be stored within a fully enclosed structure.

  6. Hazardous Materials Prohibited. The storage of flammable, combustible, or explosive materials is prohibited.

  7. Animals. No animal-related services, including grooming or personal care, requiring animals to be present on the residential property shall be allowed on the premises.

  8. Employees. No person shall be employed by the home occupation at the premises other than the resident(s) of the dwelling.

  9. Performance Standards. Home occupations shall not generate dust, odors, noise, vibration, or electrical interference or fluctuation that is perceptible beyond the property line.

  10. Signs. Signs or displays used to identify the home occupation are prohibited.

  11. Vehicle Traffic. Home occupations may not generate more than twenty (20) vehicle trips per day. A round trip to and from the residence is one (1) vehicle trip and multiple trips by the same vehicle shall count towards the maximum amount. Vehicle trips include trips by clients, customers, vendors, delivery services, or any other vehicle associated with the home occupation.

  12. Residential Appearance. The appearance of the dwelling shall not be altered, nor shall the home occupation be conducted in such a manner that it may be reasonably recognized as serving a nonresidential use, either by color, materials, construction, lighting, signs, sounds, odors, or vibrations. Such use shall be of a nature and conducted in such a manner that there is no evidence of the use from the street or neighboring property.

nce of the dwelling shall not be altered, nor shall the home occupation be conducted in such a manner that it may be reasonably recognized as serving a nonresidential use, either by color, materials, construction, lighting, signs, sounds, odors, or vibrations. Such use shall be of a nature and conducted in such a manner that there is no evidence of the use from the street or neighboring property.

• B. Applications for a home occupation permit may be approved by the city clerk provided the use is in compliance with subsection A of this section. In the event an application is denied by the city clerk, the applicant may file the application with the city council and the application shall be heard and determined as provided in Section 17.124.020 (Appeals of Administrative Action).

• C. Exceptions to the foregoing provisions may be granted subject to obtaining a conditional use permit in accordance with Chapter 17.76 (Use Permits and Variances).