36 - HOME OCCUPATIONS
The regulations for a home occupation in this chapter are intended to ensure compatibility between home occupations and other permitted uses in the residential district. The regulations also protect the residential character of neighborhoods in which home occupations are located.
(Ord. 1234 § 1 (part), 1996: Ord. 1140 § 1, 1991: Ord. 635 § 19A.1, 1965)
A "home occupation" is a business, art or profession, the offering of a service, or the handicraft manufacture of products within a residential dwelling. A "home occupation" constitutes a secondary use of a residential dwelling and can be for profit or philanthropic. A "home occupation" is to be located and conducted such that the average neighbor, under normal circumstances, would not be aware of its existence. Any Microenterprise Home Kitchen Operation (MEHKO) as defined by Section 113825 of the California Health and Safety Code shall not be considered a "home occupation" for the purpose of this section. Such uses shall instead be permitted to operate subject to state and county laws and guidelines.
(Ord. 1234 § 1 (part), 1996: Ord. 1140 § 2, 1991: Ord. 635 § 19A.2, 1965; Ord. No. 1453, § 1, 11-22-2021)
Home occupations shall comply with the following regulations:
A.
A home occupation shall be clearly secondary to the use of the structure for dwelling purposes.
B.
No one other than residents of the dwelling shall conduct the work of a home occupation or report to work at the dwelling.
C.
A home occupation shall occupy no more than one room. The room shall be no greater than one-fourth the total square footage of any one floor of the dwelling. A home occupation shall not occupy garage space, an accessory building or open space.
D.
No garage space, accessory building or open space shall be used to store equipment, materials or supplies associated with a home occupation. Equipment, materials and supplies shall be stored in the room used for the home occupation.
At no time shall the temporary interior storage of equipment, materials and supplies used in the operation of the home occupation exceed one hundred cubic feet. The storage area shall be approximately eight feet high, three feet deep and four feet wide.
E.
Sales and exchange of merchandise shall not be permitted at the dwelling.
F.
The existence of a home occupation shall not be evident from outside the dwelling nor shall a home occupation create a nuisance detectable to the normal senses beyond the property lines or beyond the walls of the dwelling unit, if the unit is a part of a two-family or multi-family structure, nor shall a home occupation create health and safety hazards. Therefore, the following are not permitted:
1.
Alterations to the outside of the dwelling;
2.
Entrance to a home occupation directly from outside the dwelling;
3.
Signs and displays;
4.
More than one additional vehicle per hour at the dwelling;
5.
The use of more than one vehicle to conduct a home occupation;
6.
Commercial limousines, taxis, and "on call" service vehicles and passenger carriers are not permitted to be used in conjunction with a home occupation;
7.
Customer or goods pickup and/or deliveries;
8.
The production of noise, amplified sound or music, smoke, odors, vibrations, liquid or solid waste, television, radio or electrical interference;
9.
The generation of television, radio or electrical interference detectable beyond the walls of the dwelling;
10.
The storage of compressed gases, flammable, combustible or hazardous materials, as defined in the Uniform Fire Code;
11.
Mechanical or electrical equipment maintained or installed that exceeds fifteen amperes at one hundred ten volts or equivalent.
G.
Home occupations that provide services such as alterations, dressmaking, tax preparation and individual instructions shall be limited to one student or customer at a time. Music instruction shall be limited to nonamplified instruments;
H.
The planning division may restrict the hours of operation for a home occupation to minimize the impact on neighboring residences.
I.
It is a prima facie violation of the home occupation regulations for any resident to park or store vehicles prohibited by the home occupation regulations on a residential property or any public street within a residential district. The violation is valid whether or not a home occupation license has been obtained by the responsible person or vehicle owner.
(Ord. 1279 §§ 11, 12, 2000: Ord. 1234 § 1 (part), 1996: Ord. 1140 § 3, 1991: Ord. 880 § 1, 1978: Ord. 635 § 19A.3, 1965)
The following occupations and those of similar character shall not be considered secondary to the use of a residential dwelling and shall not be allowed: automobile repairing, detailing, auto parts sales, vehicle alarm and audio sales and installation, spray finishing operations, welding or cutting operations, vehicle tow services, auto selling and brokering, limousine services, delivery services, dating services and/or escort services, mail order businesses (except for telephone only), food preparation, beauty salons, barber shops, photography studios, health care clinics, including dental, medical, chiropractic and psychological offices, fortunetelling and related arts and practices, massage studio, kennels or other boarding for pets, firearm sales, contractor's office where employees report or assemble prior to going to the job site, roofing businesses and appliance and computer businesses where the repair is performed at the home
(Ord. 1234 § 1 (part), 1996: Ord. 1140 § 4, 1991)
Application for a home occupation permit shall be made to the planning division on a form provided by the division. No home occupation shall be permitted unless a home occupation permit and business license, as required by this chapter, have been obtained. Both the home occupation permit and the business license shall be renewed annually. A nonrefundable filing fee, as established by the city council by resolution, shall accompany the application. The planning division shall issue a permit upon determining that the proposed home occupation meets all the requirements of this chapter.
(Ord. 1140 § 5, 1991)
Any misrepresentation in the application or change in conditions or use not in accord with the provisions specified in the approved home occupation permit may result in immediate revocation of the home occupation permit.
(Ord. 1234 § 2 (part), 1996: Ord. 1140 § 6, 1991)
The home occupation permit shall expire and the home occupation shall be discontinued one year following the date the home occupation permit was approved. The home occupation may continue to operate if the permit is renewed prior to expiration. Home occupations that already exist shall require new home occupation permits no later than one year after the effective date of the ordinance codified in this section.
(Ord. 1234 § 2 (part), 1996: Ord. 1140 § 7, 1991)
Any applicant who has filed a request for a home occupation permit with the planning division or has a home occupation permit revoked shall have the right to appeal the decision of the planning division to the city council. Said appeal shall be in writing and filed with the city clerk within fifteen days following the rendering of any decision by the planning division.
(Ord. 1140 § 8, 1991)
36 - HOME OCCUPATIONS
The regulations for a home occupation in this chapter are intended to ensure compatibility between home occupations and other permitted uses in the residential district. The regulations also protect the residential character of neighborhoods in which home occupations are located.
(Ord. 1234 § 1 (part), 1996: Ord. 1140 § 1, 1991: Ord. 635 § 19A.1, 1965)
A "home occupation" is a business, art or profession, the offering of a service, or the handicraft manufacture of products within a residential dwelling. A "home occupation" constitutes a secondary use of a residential dwelling and can be for profit or philanthropic. A "home occupation" is to be located and conducted such that the average neighbor, under normal circumstances, would not be aware of its existence. Any Microenterprise Home Kitchen Operation (MEHKO) as defined by Section 113825 of the California Health and Safety Code shall not be considered a "home occupation" for the purpose of this section. Such uses shall instead be permitted to operate subject to state and county laws and guidelines.
(Ord. 1234 § 1 (part), 1996: Ord. 1140 § 2, 1991: Ord. 635 § 19A.2, 1965; Ord. No. 1453, § 1, 11-22-2021)
Home occupations shall comply with the following regulations:
A.
A home occupation shall be clearly secondary to the use of the structure for dwelling purposes.
B.
No one other than residents of the dwelling shall conduct the work of a home occupation or report to work at the dwelling.
C.
A home occupation shall occupy no more than one room. The room shall be no greater than one-fourth the total square footage of any one floor of the dwelling. A home occupation shall not occupy garage space, an accessory building or open space.
D.
No garage space, accessory building or open space shall be used to store equipment, materials or supplies associated with a home occupation. Equipment, materials and supplies shall be stored in the room used for the home occupation.
At no time shall the temporary interior storage of equipment, materials and supplies used in the operation of the home occupation exceed one hundred cubic feet. The storage area shall be approximately eight feet high, three feet deep and four feet wide.
E.
Sales and exchange of merchandise shall not be permitted at the dwelling.
F.
The existence of a home occupation shall not be evident from outside the dwelling nor shall a home occupation create a nuisance detectable to the normal senses beyond the property lines or beyond the walls of the dwelling unit, if the unit is a part of a two-family or multi-family structure, nor shall a home occupation create health and safety hazards. Therefore, the following are not permitted:
1.
Alterations to the outside of the dwelling;
2.
Entrance to a home occupation directly from outside the dwelling;
3.
Signs and displays;
4.
More than one additional vehicle per hour at the dwelling;
5.
The use of more than one vehicle to conduct a home occupation;
6.
Commercial limousines, taxis, and "on call" service vehicles and passenger carriers are not permitted to be used in conjunction with a home occupation;
7.
Customer or goods pickup and/or deliveries;
8.
The production of noise, amplified sound or music, smoke, odors, vibrations, liquid or solid waste, television, radio or electrical interference;
9.
The generation of television, radio or electrical interference detectable beyond the walls of the dwelling;
10.
The storage of compressed gases, flammable, combustible or hazardous materials, as defined in the Uniform Fire Code;
11.
Mechanical or electrical equipment maintained or installed that exceeds fifteen amperes at one hundred ten volts or equivalent.
G.
Home occupations that provide services such as alterations, dressmaking, tax preparation and individual instructions shall be limited to one student or customer at a time. Music instruction shall be limited to nonamplified instruments;
H.
The planning division may restrict the hours of operation for a home occupation to minimize the impact on neighboring residences.
I.
It is a prima facie violation of the home occupation regulations for any resident to park or store vehicles prohibited by the home occupation regulations on a residential property or any public street within a residential district. The violation is valid whether or not a home occupation license has been obtained by the responsible person or vehicle owner.
(Ord. 1279 §§ 11, 12, 2000: Ord. 1234 § 1 (part), 1996: Ord. 1140 § 3, 1991: Ord. 880 § 1, 1978: Ord. 635 § 19A.3, 1965)
The following occupations and those of similar character shall not be considered secondary to the use of a residential dwelling and shall not be allowed: automobile repairing, detailing, auto parts sales, vehicle alarm and audio sales and installation, spray finishing operations, welding or cutting operations, vehicle tow services, auto selling and brokering, limousine services, delivery services, dating services and/or escort services, mail order businesses (except for telephone only), food preparation, beauty salons, barber shops, photography studios, health care clinics, including dental, medical, chiropractic and psychological offices, fortunetelling and related arts and practices, massage studio, kennels or other boarding for pets, firearm sales, contractor's office where employees report or assemble prior to going to the job site, roofing businesses and appliance and computer businesses where the repair is performed at the home
(Ord. 1234 § 1 (part), 1996: Ord. 1140 § 4, 1991)
Application for a home occupation permit shall be made to the planning division on a form provided by the division. No home occupation shall be permitted unless a home occupation permit and business license, as required by this chapter, have been obtained. Both the home occupation permit and the business license shall be renewed annually. A nonrefundable filing fee, as established by the city council by resolution, shall accompany the application. The planning division shall issue a permit upon determining that the proposed home occupation meets all the requirements of this chapter.
(Ord. 1140 § 5, 1991)
Any misrepresentation in the application or change in conditions or use not in accord with the provisions specified in the approved home occupation permit may result in immediate revocation of the home occupation permit.
(Ord. 1234 § 2 (part), 1996: Ord. 1140 § 6, 1991)
The home occupation permit shall expire and the home occupation shall be discontinued one year following the date the home occupation permit was approved. The home occupation may continue to operate if the permit is renewed prior to expiration. Home occupations that already exist shall require new home occupation permits no later than one year after the effective date of the ordinance codified in this section.
(Ord. 1234 § 2 (part), 1996: Ord. 1140 § 7, 1991)
Any applicant who has filed a request for a home occupation permit with the planning division or has a home occupation permit revoked shall have the right to appeal the decision of the planning division to the city council. Said appeal shall be in writing and filed with the city clerk within fifteen days following the rendering of any decision by the planning division.
(Ord. 1140 § 8, 1991)