It is the purpose of this chapter to:

A.

Recognize that residents have a legitimate expectation of peace, quiet and safety from outside nonresidential uses and commercial enterprises;

B.

Recognize that a residential property owner or resident has a limited right to conduct a non-obtrusive business from his or her residence provided the business is incidental to, and compatible with, surrounding residential uses;

C.

Maintain the residential character of residential neighborhoods;

D.

Prevent the use of home occupations from causing negative impacts or appearing in any way like a commercial district; and

E.

Encourage and promote efforts to reduce traffic congestion, vehicular air pollutants and child care expenses by allowing and recognizing changing work environments including home based businesses.

(Ord. No. 319, § 5, 10-24-2017)

Home occupations shall comply with all of the following performance standards:

A.

The home occupation use shall not detract from, or impede, the primary use of the property as a residential dwelling or the residential character of the surrounding neighborhood;

B.

There shall be no exterior operations, storage, or display of materials to be used in conjunction with a home occupation;

C.

The total floor area used for the business, including any storage areas or areas within accessory structures, shall not exceed twenty (20) percent of the total dwelling or four hundred (400) square feet whichever is smaller;

D.

None of the area used in connection with the home occupation shall be located within a required garage parking space;

E.

No person other than a resident of the dwelling shall be employed on-site or report to work at the site in conduct of the home occupation;

F.

There shall be no signs, banners, or flags displayed which would be visible from outside the dwelling unit, except as indicated in Subsection G of this section below;

G.

Only one vehicle associated with the home occupation no larger than 20 feet in length, eight feet in height or ninety (90) inches in width may be stored at the home and must be fully parked either in the garage or driveway of the home. Said vehicle may display the name and logo of the home occupation permits (HOP) business on the two side panels of the vehicle provided the display is no larger than eighteen (18) inches in width and twelve (12) inches in height per side;

H.

No advertisement shall be placed in any media containing the address of the property;

I.

Visitors or customers shall be limited to three persons per day;

J.

Deliveries to or from the HOP residence shall not exceed more than three per day and shall not involve the use of commercial vehicles except for Fed Ex, UPS or similar home delivery vehicle;

K.

The residence shall not be used as a retail storefront (i.e. potential customers shall not visit the premises to browse merchandise) although pursuant to Section 16.56.020(I), Performance Standards, occasional visits by clients to complete paperwork, tender payment, and/or take delivery of products previously ordered is permissible;

L.

Access to the HOP residence by customers may be subject to disabled access requirements. The permittee is directed to contact the City of Chino Hills Building Division prior to accepting customers at the HOP residence;

M.

There shall be no process, procedure, substance, or chemical used which is hazardous to public health, safety, or welfare;

N.

Storage of flammable or hazardous materials is prohibited. Proposed materials are subject to review and approval by the Chino Valley Fire District;

O.

Utility changes shall not be made in any non-communications utility line, meter or service to accommodate a home occupation, and utility use shall not unreasonably exceed that normally or previously used at the residence;

P.

No home occupation activity shall produce noxious matter, vibrations, glare, dust, electrical interference, or perceptible noise beyond the property line;

Q.

All home occupation activities must be in full compliance with applicable federal, state and county regulations, and must demonstrate such compliance as requested by the City; and

R.

Cottage food operations shall comply with California Health and Safety Code Section 113758.

(Ord. No. 319, § 5, 10-24-2017)

A.

The following are examples of businesses that are generally compatible with home occupation uses provided that all the performance standards identified in Section 16.56.020 are met. Other similar types of businesses that satisfy all the performance standards identified in Section 16.56.020 may also be permitted.

1.

Architectural, drafting or graphic services;

2.

Art, craft or photo studio;

3.

Computer programming;

4.

Consulting services;

5.

Counselling services;

6.

Contracting and maintenance (administrative office only);

7.

Direct sale product distribution (administrative office only);

8.

Dressmaking, sewing, tailoring, contract sewing (one machine);

9.

Engineering service;

10.

Event planning;

11.

Financial planning;

12.

Insurance sales or broker;

13.

Interior design;

14.

Internet home-based business (administrative office only);

15.

Personal care services including barber, hair styling and aesthetician provided no more than one customer at a time and provided maximum attendance complies with Section 16.56.020(I) Performance Standards;

16.

Personal training including fitness classes provided maximum attendance complies with Section 16.56.020(I) Performance Standards and noise is not audible outside the interior of the residence;

17.

Real estate sales or broker;

18.

Sales representative (administrative office only); and

19.

Tutoring.

(Ord. No. 319, § 5, 10-24-2017)

A.

The following businesses are not incidental to, or compatible with, residential activities, and are therefore prohibited from operating as a home occupation use:

1.

Adult-oriented businesses as defined by the Municipal Code;

2.

Ambulance service;

3.

Ammunition reloading, including custom reloading;

4.

Auto security system installation on-site;

5.

Boarding house, bed-and-breakfast hotel, timeshare condominium;

6.

Carpentry, cabinet makers on-site;

7.

Ceramics (kiln of six cubic feet or more) on-site;

8.

Medical, dental or chiropractic clinics;

9.

Mortician, hearse service on-site;

10.

Massage practitioners;

11.

Storage, repair, or reconditioning of motorized vehicles, large equipment or major household appliances on-site;

12.

Tow truck service;

13.

Veterinary uses (including boarding), unless otherwise permitted by the Municipal Code; and

14.

Welding or metalsmithing services on-site.

B.

Any business or home occupation not compliant with Section 16.56.020 Performance Standards and Section 16.56.030 Permitted Home Occupation Uses or subsequently authorized by the Community Development Director or Planning Commission shall be prohibited.

(Ord. No. 319, § 5, 10-24-2017)

The establishment of a home occupation within a single-family or multi-family neighborhood shall be regulated by a one-time application and fee, as set forth by resolution of the City Council for an HOP. An HOP shall be required for all home occupations.

(Ord. No. 319, § 5, 10-24-2017)

A.

An application for an HOP shall be submitted to the Community Development Department on the appropriate application form. The application shall be signed by the applicant and the owner or manager of the property.

B.

The Community Development Director, or designee, shall review the application to determine if the home occupation is consistent with this Chapter and meets all applicable requirements of the Municipal Code and may impose conditions as are reasonably necessary to ensure the business is compatible with the character of a residential neighborhood, is consistent with this chapter and meets all applicable requirements of the Municipal Code.

C.

If the application demonstrates that the proposed home occupation is compatible with the character of a residential neighborhood, meets the requirements of this chapter, including the performance standards set forth in Section 16.56.020 of this chapter, and all applicable requirements of the Municipal Code, the Community Development Director or designee shall issue the HOP.

D.

If the application is not consistent with the character of a residential neighborhood or does not meet the requirements of this chapter and applicable Municipal Code requirements, the Community Development Director or designee shall deny the HOP. The decision of the Community Development Director may be appealed in accordance with Section 1.20.010 et seq., of the Municipal Code.

E.

The applicant is required to obtain a City Business License from the City of Chino Hills Business License Division prior to the conduct of the subject home occupation. The applicant shall annually renew and maintain his/her business license with the Business License Division; otherwise the HOP shall automatically expire. Failure to obtain a City Business License for home occupation within 30 days of HOP issuance will void the HOP approval.

F.

The HOP shall not be transferable to any firm, individual, or another address. A substantial change in use as determined by the Community Development Director shall necessitate the filing of a new HOP application.

G.

Unless expired, voided, suspended or revoked by the City, approval of the HOP is for the lifetime of the home occupation.

(Ord. No. 319, § 5, 10-24-2017)

The Community Development Director, or designee, shall have the right, at any time, upon reasonable request, to enter and inspect the premises.

(Ord. No. 319, § 5, 10-24-2017)

A.

Upon a showing of probable cause by City Code Enforcement staff:

1.

That the HOP was obtained by fraud, or that the applicant made a materially false representation on the subject application; or

2.

That the HOP is being, or has been, exercised contrary to, or in violation of, the terms or conditions of such approval or other authorization; or

3.

That the HOP is being, or has been, exercised in violation of any statute, law, or regulation; or

4.

That the use for which the HOP was granted, or other use(s) not directly related, is exercised in a manner detrimental to the public health and safety or in a manner which constitutes a nuisance.

Then the Community Development Director may issue an order suspending the HOP. Such suspension/revocation order must contain a notice to the permit holder that the permit holder has a right to appeal the suspension before an impartial hearing officer within thirty (30) days. If the suspension is not appealed within thirty (30) days, then the suspension shall become a permanent revocation. The Director shall cause notice of the suspension/revocation order to be served on the permit-holder by regular first-class U.S. mail and by posting the notice on the property where the home occupation is conducted.

B.

If the permit holder files an appeal of the suspension/revocation order with the City Clerk within thirty (30) days of the order, then the City Manager must designate an impartial hearing officer by appointment or contract. The Director shall cause a noticed hearing to consider the revocation of the HOP to be held by the hearing officer within forty-five (45) days of the filing of the appeal. Notice of the hearing shall be mailed to the permit-holder, any party complaining of the violation, and to all adjoining residents and property owners.

C.

At the conclusion of the hearing, the hearing officer may revoke the HOP, or order the termination of the suspension or revocation of the permit and order reinstatement of the permit, with or without modifications. The decision of the hearing officer shall be final.

(Ord. No. 319, § 5, 10-24-2017)

A.

It is unlawful and an infraction for any person, firm, or corporation to violate, disobey, omit, neglect, refuse to comply with, or resist the enforcement of any of the provisions of this chapter. Such behavior shall subject the violator, upon conviction, to a fine of not more than one hundred dollars ($100.00) for each offense. Each day that a violation exists shall constitute a separate offense.

B.

In addition to subsection A above, any violation of the provisions of this chapter or the conditions of operation of the permit, are and shall be, a public nuisance subject to abatement by the City through obtaining a court injunction from a court of competent jurisdiction.

(Ord. No. 319, § 5, 10-24-2017)