§ 19.32

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

are intended to protect the rights of the residents to engage in certain home occupations that are harmonious with a residential environment.

(Ord. No. 320, § 4(Exh. A), 8-13-2024)

A.

The provisions of this Chapter shall apply to the operation of small, home-operated businesses and occupations in residential dwellings. A home occupation may be permitted as an accessory use in any structure authorized for residential use in the City with a Home Occupation Permit.

B.

Prohibited Home Occupations. Certain uses are not compatible with residential activities and shall be prohibited. Prohibited home occupations shall include but are not limited to:

1.

Barber and beauty shops.

2.

Food catering or production except in compliance with the Cottage Food Act (Government Code Section 51035) and Section 19.32.070 (Cottage Food Operation).

3.

Massage, except for home office uses associated with this activity.

4.

Outdoor storage of equipment, materials, and other accessories specific to the construction trades.

5.

Pet sitting and dog walking, except for home office uses associated with this activity.

6.

Vehicle storage, cleaning, dismantling, installation, manufacture, repair, service, sale, lease, rental, or dispatching, and driving instruction.

7.

Welding.

8.

Any use that does not comply with Section 19.32.060 (Operating Standards).

(Ord. No. 320, § 4(Exh. A), 8-13-2024)

A.

Application Filing and Processing. Applications for Home Occupation Permits shall be filed and processed in accordance with Chapter 19.28 (Approval Requirements and Common Procedures).

B.

Application Fees. Application fees shall be collected in accordance with Chapter 19.28.050 (Applications and Fees).

C.

A home occupation shall require a City Business License, and any other permits required by Federal, State, County or Local agencies.

D.

For home occupations conducted on rental property, the property owner's written authorization for the proposed use shall be obtained prior to submittal of an application for a Home Occupation Permit and upon yearly renewal.

(Ord. No. 320, § 4(Exh. A), 8-13-2024)

The Community Development Director (Director) is authorized to approve, conditionally approve, modify or deny applications for Home Occupation Permits, and may refer applications for Home Occupation Permits to the Planning Commission for review.

(Ord. No. 320, § 4(Exh. A), 8-13-2024)

The Director shall provide notice of Home Occupation Permit applications to all owners of property adjacent to the parcel on which the home occupation is proposed. Such notice shall be provided no later than five business days prior to issuance of the permit.

(Ord. No. 320, § 4(Exh. A), 8-13-2024)

19.32.060 - Operating Standards/Conditions of Approval

Home occupations shall comply with all of the following operating standards at all times:

A.

Each home occupation operation shall conform to all state and county laws, regulations and requirements.

B.

All home occupation operations shall maintain a valid City business license.

C.

The operator of the home occupation operation shall reside within the residential unit used for such activity as their primary residence.

D.

No dwelling shall be built or altered for the purpose of conducting the home occupation in such a manner as to change the residential character and appearance of the dwelling, or in such a manner as to cause the structure to be recognized as a place where a home occupation is conducted.

E.

No more than two persons other than a member of the immediate family occupying such dwelling shall be employed

F.

There shall be no signs other than those permitted by Chapter 19.88 (Signs).

G.

There shall be no advertisement of the location in a public forum. There shall be no display, sales or advertising signs on the premises.

H.

There shall be no outdoor storage of merchandise, supplies, equipment or other materials related to the home occupation operation.

I.

The storage of hazardous, toxic or combustible materials in amounts exceeding those typically found in residential areas shall be prohibited. The storage of any such material in amounts typically found in a residence shall be in approved containers designated for such materials.

J.

Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit or which increases noise or fire hazards not normally associated with a residential use shall be prohibited.

K.

There shall be complete conformity with Fire, Building, Plumbing, Electrical, and Health Codes and all applicable state and local laws. Activities conducted and equipment or material used shall not change the fire safety or occupancy classification of the premises.

L.

The use of utilities shall be limited to the usage normally associated with a residential use.

M.

A Home Occupation Permit shall not be transferable to another property or dwelling unit or to any subsequent owner of the property.

N.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, nor shall the use require additional parking spaces than provided on-site.

O.

There shall not be any regular commercial delivery to or from the dwelling where a home occupation is being conducted. Commercial delivery of items shall be prohibited between the hours of 7:00 p.m. and 8:00 a.m.

P.

No special off-street parking area shall be allowed in connection with the home occupation; however, the driveway may be used for such parking.

Q.

Storage and parking of vehicles on the premises, used in conjunction with the home occupation, shall be limited to automobiles and light trucks not exceeding 10,000 pounds gross vehicle weight.

R.

Home occupation activities shall be conducted indoors.

S.

No more than 500 square feet of floor area may be used for storage of materials and supplies used for the home occupation.

T.

Noise generated by the conduct of the home occupation shall not exceed that normally associated with residential use.

(Ord. No. 320, § 4(Exh. A), 8-13-2024

Notwithstanding any of the provisions above, a cottage food operation as defined by the state of California under the provisions and allowances of Assembly Bill 1616 shall be allowed in any legally established

residential unit in the City of Twentynine Palms provided that the provisions of Section 19.32.060 and the following requirements are met:

A.

Each cottage food operation shall conform to all state and county laws, regulations and requirements.

B.

The operator of a cottage food operation shall reside within the residential unit used for such activity as their primary residence.

C.

Between the hours of 7:00 p.m. and 8:00 a.m., no cottage food operation shall sell or offer for sale from the residence food items prepared from that residence.

D.

Customers of any cottage food operation shall be prohibited from consuming any products purchased from the cottage food operation on the property where such product was produced.

E.

Where a cottage food operation is conducted from any residential unit, the operator of the cottage food operation shall police, clean and maintain the property with regard to discarded items that may result from the cottage food operation.

F.

The individual granted approval for a cottage food operation being conducted within or upon a property with more than one residential unit shall post signage and enforce requirements prohibiting, at all times, the loitering of one or more persons within or upon the property where the cottage food operation is being conducted.

G.

Violations of Chapter 19.32 (Home Occupation Permit) may result in the revocation of the Business License and Home Occupation Permit issued by the City of Twentynine Palms. Operators who have had their Cityissued Home Occupation Permit revoked shall be prohibited for two years from applying for another Home Occupation Permit fora cottage food operation.

(Ord. No. 320, § 4(Exh. A), 8-13-2024)

Chapter 19.34 - Temporary Use Permit and Standards