The purpose of this chapter is to allow for the conduct of home occupations which are deemed incidental to and compatible with surrounding residential uses. A home occupation represents a legal commercial enterprise conducted by an occupant(s) of the dwelling. A home occupation permit is a ministerial permit that is issued by the Community Development Director.

(Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

The home occupation permit is intended to allow for low-intensity commercial enterprises:

A.

Incidental and secondary. That are conducted within a dwelling (exclusive of an attached or detached garage) located in a residential zoning district, and are clearly incidental and secondary to the use of the dwelling for residential purposes; and

B.

Compatible. That are compatible with the surrounding residential uses.

(Ord. 2070 § 1 (Exh. A)(part), 2006).

A.

Where allowed. Home occupations are allowed in all residential zoning districts.

B.

Allowed home occupations. Certain commercial enterprises are deemed appropriate when conducted by the resident(s) of a dwelling in a manner accessory to and compatible with the residential characteristics of the surrounding neighborhood. For purposes of this chapter the following uses are deemed compatible with residential activities, and shall be allowed upon issuance of a home occupation permit:

1.

Consulting services. Consulting services whose function is one of rendering a service and does not involve the dispensation of goods or products;

2.

Design services. Drafting, designing, and similar services, using only normal drafting equipment;

3.

Salespersons. The home office of a salesperson when all sales are made by mail or internet order, or similar means, with no commodities or displays on the premises; and

4.

Secondary business offices. Secondary business offices where the business has its principal office, staff, and equipment located elsewhere.

5.

Cottage food Operation. Cottage food operations, as defined by Health and Safety Code Section 113758. Cottage food operations are allowed as home occupations when operating in compliance with the requirements for those operations contained in the California Government Code and the California Health and Safety Code, as amended. Where the provisions of State law pertaining to cottage food operations, or state regulations promulgated thereunder, conflict with the performance criteria set forth in this section, such state law or regulations shall govern and control over the criteria set forth in this section. Cottage food operations are limited to the registered or permitted area by the County of Santa Clara Department of Environmental Health.

C.

Incompatible home occupations. The following commercial uses are not incidental to or compatible with residential activities and are not permitted in residential zoning districts:

1.

Barber and beauty shops;

2.

Businesses which entail the breeding, grooming, harboring, raising, or training of dogs, cats, or other animals on the premises;

3.

Building trades contractor;

4.

Seamstress;

5.

Vehicle repair (body or mechanical), upholstery, automobile detailing (e.g., washing, waxing, etc.), towing services, and painting. (This does not prohibit "mobile" minor repair or detailing at the customer's location); and

6.

Any use not specifically listed in subsection B of this section.

(Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

Filing. An application for a home occupation permit shall be filed with the Community Development Department in compliance with Chapter 21.38, (Application Filing, Processing and Fees).

1.

Prior to filing an application for a home occupation permit, cottage food operations must first obtain a cottage food license with the County of Santa Clara Department of Environmental Health.

B.

Applicant's responsibility. It is the responsibility of the applicant to establish evidence in support of the operating standards required by Section 21.44.060, (Operating standards).

C.

Project review procedures. Following receipt of a completed application, the Community Development Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter.

D.

No public hearing required. A public hearing shall not be required for the Community Development Director's decision on a home occupation permit application.

(Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

Approval by Community Development Director. A home occupation permit is a ministerial permit that is issued by the community development director. The Community Development Director, in concurrence with the Building Official, shall approve a home occupation permit that would be operated in compliance with this chapter and the operating standards identified in Section 21.44.060, (Operating standards).

(Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

This section provides locational and operational standards for the conduct of home enterprises that are incidental to and compatible with surrounding residential uses. Home occupations shall comply with all of the following standards:

A.

No outside employees. No person shall be employed nor shall any assistant or associate be used who is not residing on the premises, except for cottage food operators where one full-time employee may be allowed (as stipulated in Section 113758 of the Health and Safety Code).

B.

No storage or mechanical equipment. There shall be no use or storage of materials or mechanical equipment not typically part of a normal household use.

C.

Location of home occupation.

1.

The home occupation business shall be carried on entirely within a dwelling and not in the yard surrounding the dwelling, an attached or detached garage or detached accessory structure.

2.

No more than one room in the dwelling shall be used for the home occupation(s).

D.

No display, sales, or storage. There shall be no retail or wholesale displays, sales, or storage of merchandise on the premises.

E.

Use of commercial vehicles. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises in a manner different from normal residential usage, except for FedEx, UPS, or other third-party home delivery/pick-up services.

F.

No utilities or community facilities. The use shall not cause the increased use of utilities or community facilities beyond that normal to the use of the property for residential purposes.

G.

Not alter appearance of dwelling. There shall be no structural alterations for the purpose of conducting the home occupation, nor shall any decorative change be made on the premises (either by color, lighting, materials, or signs) of a nonresidential nature.

H.

No hazards or nuisances.

1.

The use shall not create or cause dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, or vibration that can or may be considered a hazard or nuisance.

2.

Generation of pedestrian or vehicular traffic or parking demand in excess of that customarily associated with the residential zoning district in which it is located shall not be allowed.

3.

Negative impacts that may be felt, heard, or otherwise sensed on adjoining parcels or public rights-of-way shall not be allowed.

I.

Limited to one vehicle. Not more than one vehicle shall be used primarily in conjunction with the home occupation and the unladen weight of the vehicle shall not exceed five thousand pounds or twenty-two feet in overall length.

J.

Permit nontransferable. A home occupation permit shall be limited to the specific business use for which it was approved, and shall not be transferable to any other use.

K.

Pre-existing home occupations. Home occupations existing at the time this section becomes effective may be continued for a maximum period of twenty-four months. Thereafter all home occupations shall be conducted in compliance with this chapter.

L.

Appropriate time limits. In approving a home occupation permit, the Community Development Director may establish time limits deemed appropriate for the subject use.

M.

No clients on premises. No clients or patrons of the business or business operator shall come to the residence containing the home occupation for the purpose of the conduction of business, except one pupil at any one time for music instruction is allowed.

N.

Business license required. A home occupation shall not be initiated until a current business license is obtained in compliance with Municipal Code Section 5.01.050, (Application).

O.

No advertising. There shall be no form of advertising that identifies the home occupation by street address.

P.

Special conditions. Any special condition(s) established by the Community Development Director shall be made part of the record of the home occupation permit, as deemed necessary to carry out the purpose of this chapter.

(Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

The Community Development Director shall have the right at any time, upon reasonable notice, to enter and inspect the premises subject to a home occupation permit in order to verify compliance with the locational and operational standards identified in Section 21.44.060, (Operating standards) of this chapter.

(Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

Pursuant to Chapter 21.62, (Appeals) home occupation permits are ministerial and are not appealable.

(Ord. 2070 § 1 (Exh. A)(part), 2006).