71 - HOME OCCUPATION PERMITS
Sections:
The purpose of the home occupation permit is to allow residents in residential districts to conduct limited commercial activities within the dwelling unit. The limited commercial activities must be subordinate and incidental to the residential use of the property.
A.
Review Procedure. The Community Development Director may approve, approve with conditions, or deny a home occupation permit upon receipt of a completed application form and payment of a fee established by resolution of the City Council, provided that any approval of a proposed home occupation shall meet the standards set forth in subsection B. Decisions of the Community Development Director shall be documented in a notice of decision. The notice of decision shall be mailed on the day of the decision to the applicant and all owners of real property, as shown on the latest equalized assessment roll, within three hundred (300) feet of the subject site.
The Community Development Director shall refer any application to the Planning Commission for a decision if, in the judgment of the Community Development Director, the application may potentially have an adverse effect on the neighborhood residents.
B.
Standards of Approval. Home occupation permits approved by the Community Development Director shall meet the following standards at all times.
1.
The home occupation shall be subordinate and incidental to the primary use of the dwelling unit for residential purposes.
2.
The home occupation shall be compatible with and not change the character of adjacent residential areas.
3.
The dwelling unit shall be located in an Agricultural, Residential, or Planned Development (Residential) District.
4.
The home occupation shall not use more than one room, or twenty-five percent (25%) of the habitable floor area of the principle structure, whichever is greater. Garage areas and living areas within accessory structures and secondary dwelling units shall not be considered as part of the habitable floor area of the principal structure.
5.
No persons shall be employed, except the applicant and members of the resident family, in the conduct of the home occupation.
6.
There shall be no merchandise or services for sale, except that produced or made on the premises, and which can be shipped directly, electronically, or sold at another location.
7.
There shall be no signage or exterior indication of the home occupation.
8.
There shall be no outside display or storage of goods or materials.
9.
The home occupation shall not create any noise, odor, dust, fumes, vibrations, electrical interference, or other interference with the residential use of adjacent areas.
10.
There shall be no use of utilities or community facilities beyond that normal to the residential use of the property.
11.
The home occupation shall not decrease the number or size of parking spaces below that needed to meet the minimum off-street parking requirements for the residence.
12.
Delivery vehicles shall be limited to those types of vehicles, which typically make deliveries to residential neighborhoods, such as postal service, parcel deliveries, pickup trucks, and light vans. A maximum of four (4) deliveries per day is allowed.
13.
The home occupation shall not generate client/student traffic to the residence.
14.
Any chemicals or hazardous materials used or stored on the property shall not exceed that associated with normal household activities or hobby uses.
15.
Any use of materials or mechanical equipment shall not exceed that associated with normal household activities or hobby uses.
16.
No home occupation permit may authorize or approve any commercial cannabis uses, as defined in Section 17.95.010, including but not limited to, the operation of a cannabis retailer, manufacturing of cannabis products, cannabis delivery service and/or the storage of cannabis in excess of those amounts permitted for personal use pursuant to Health and Safety Code Section 11362.1.
C.
Appeal Procedure. Any decision of the Community Development Director regarding a home occupation permit may be appealed to the Planning Commission within ten (10) days of the notice of decision.
(Ord. 479, § 4, 2017)
A.
Review Procedure. In accordance with the provisions of Section 17.64.110, the Planning Commission may approve, approve with conditions, or deny a home occupation permit upon receipt of a completed application form and payment of a fee established by resolution of the City Council, provided that any approval of a proposed home occupation shall meet the standards set forth in subsection B. Decisions of the Planning Commission shall be filed in accordance with the provisions of Section 17.68.010.
B.
Standards of Approval. Home occupation permits approved by the Planning Commission shall meet the following standards at all times.
1.
Standards listed in Section 17.71.020.B.1 through 17.71.020.B.12 and 17.71.020.B.16.
2.
The home occupation shall not generate client/student traffic to the residence in excess of six (6) clients/students per day, unless the number is reduced by the Planning Commission. On Saturdays, client/student traffic may only occur between 9:00 a.m. and 5:00 p.m. Client/student traffic is prohibited on Sundays.
3.
Any chemicals or hazardous materials used or stored on the property, beyond that associated with normal household activities or hobby uses, shall not create a hazard for the applicant or neighborhood residents.
4.
Any use of materials or mechanical equipment beyond that associated with normal household activities or hobby uses, shall not create a nuisance for neighborhood residents.
5.
Any home occupation permit request for a cottage food operation shall also comply with the following standards:
a.
A maximum of one full-time equivalent cottage food employee, not including a family member or household member, is allowed in the conduct of the cottage food operation. No more than one employee may work at the cottage food operation at any one time.
b.
Approval by the Contra Costa County Environmental Health Department of the self-certification checklist for the cottage food operation and its approval of the cottage food operation itself are required as part of the application materials.
c.
The cottage food operation shall comply with all applicable regulations, standards, definitions, and requirements of the California Health and Safety Code.
d.
The cottage food operation shall not be subject to 17.71.020.B.4. and 17.71.020.B.5.
C.
Appeal Procedure. Any decision of the Planning Commission regarding a home occupation permit may be appealed to the City Council in accordance with the provisions of Section 17.68.020.
(Ord. 357, 2001; Ord. 450, 2013; Ord. 479, § 5, 2017)
71 - HOME OCCUPATION PERMITS
Sections:
The purpose of the home occupation permit is to allow residents in residential districts to conduct limited commercial activities within the dwelling unit. The limited commercial activities must be subordinate and incidental to the residential use of the property.
A.
Review Procedure. The Community Development Director may approve, approve with conditions, or deny a home occupation permit upon receipt of a completed application form and payment of a fee established by resolution of the City Council, provided that any approval of a proposed home occupation shall meet the standards set forth in subsection B. Decisions of the Community Development Director shall be documented in a notice of decision. The notice of decision shall be mailed on the day of the decision to the applicant and all owners of real property, as shown on the latest equalized assessment roll, within three hundred (300) feet of the subject site.
The Community Development Director shall refer any application to the Planning Commission for a decision if, in the judgment of the Community Development Director, the application may potentially have an adverse effect on the neighborhood residents.
B.
Standards of Approval. Home occupation permits approved by the Community Development Director shall meet the following standards at all times.
1.
The home occupation shall be subordinate and incidental to the primary use of the dwelling unit for residential purposes.
2.
The home occupation shall be compatible with and not change the character of adjacent residential areas.
3.
The dwelling unit shall be located in an Agricultural, Residential, or Planned Development (Residential) District.
4.
The home occupation shall not use more than one room, or twenty-five percent (25%) of the habitable floor area of the principle structure, whichever is greater. Garage areas and living areas within accessory structures and secondary dwelling units shall not be considered as part of the habitable floor area of the principal structure.
5.
No persons shall be employed, except the applicant and members of the resident family, in the conduct of the home occupation.
6.
There shall be no merchandise or services for sale, except that produced or made on the premises, and which can be shipped directly, electronically, or sold at another location.
7.
There shall be no signage or exterior indication of the home occupation.
8.
There shall be no outside display or storage of goods or materials.
9.
The home occupation shall not create any noise, odor, dust, fumes, vibrations, electrical interference, or other interference with the residential use of adjacent areas.
10.
There shall be no use of utilities or community facilities beyond that normal to the residential use of the property.
11.
The home occupation shall not decrease the number or size of parking spaces below that needed to meet the minimum off-street parking requirements for the residence.
12.
Delivery vehicles shall be limited to those types of vehicles, which typically make deliveries to residential neighborhoods, such as postal service, parcel deliveries, pickup trucks, and light vans. A maximum of four (4) deliveries per day is allowed.
13.
The home occupation shall not generate client/student traffic to the residence.
14.
Any chemicals or hazardous materials used or stored on the property shall not exceed that associated with normal household activities or hobby uses.
15.
Any use of materials or mechanical equipment shall not exceed that associated with normal household activities or hobby uses.
16.
No home occupation permit may authorize or approve any commercial cannabis uses, as defined in Section 17.95.010, including but not limited to, the operation of a cannabis retailer, manufacturing of cannabis products, cannabis delivery service and/or the storage of cannabis in excess of those amounts permitted for personal use pursuant to Health and Safety Code Section 11362.1.
C.
Appeal Procedure. Any decision of the Community Development Director regarding a home occupation permit may be appealed to the Planning Commission within ten (10) days of the notice of decision.
(Ord. 479, § 4, 2017)
A.
Review Procedure. In accordance with the provisions of Section 17.64.110, the Planning Commission may approve, approve with conditions, or deny a home occupation permit upon receipt of a completed application form and payment of a fee established by resolution of the City Council, provided that any approval of a proposed home occupation shall meet the standards set forth in subsection B. Decisions of the Planning Commission shall be filed in accordance with the provisions of Section 17.68.010.
B.
Standards of Approval. Home occupation permits approved by the Planning Commission shall meet the following standards at all times.
1.
Standards listed in Section 17.71.020.B.1 through 17.71.020.B.12 and 17.71.020.B.16.
2.
The home occupation shall not generate client/student traffic to the residence in excess of six (6) clients/students per day, unless the number is reduced by the Planning Commission. On Saturdays, client/student traffic may only occur between 9:00 a.m. and 5:00 p.m. Client/student traffic is prohibited on Sundays.
3.
Any chemicals or hazardous materials used or stored on the property, beyond that associated with normal household activities or hobby uses, shall not create a hazard for the applicant or neighborhood residents.
4.
Any use of materials or mechanical equipment beyond that associated with normal household activities or hobby uses, shall not create a nuisance for neighborhood residents.
5.
Any home occupation permit request for a cottage food operation shall also comply with the following standards:
a.
A maximum of one full-time equivalent cottage food employee, not including a family member or household member, is allowed in the conduct of the cottage food operation. No more than one employee may work at the cottage food operation at any one time.
b.
Approval by the Contra Costa County Environmental Health Department of the self-certification checklist for the cottage food operation and its approval of the cottage food operation itself are required as part of the application materials.
c.
The cottage food operation shall comply with all applicable regulations, standards, definitions, and requirements of the California Health and Safety Code.
d.
The cottage food operation shall not be subject to 17.71.020.B.4. and 17.71.020.B.5.
C.
Appeal Procedure. Any decision of the Planning Commission regarding a home occupation permit may be appealed to the City Council in accordance with the provisions of Section 17.68.020.
(Ord. 357, 2001; Ord. 450, 2013; Ord. 479, § 5, 2017)