Escondido City Zoning Code
ARTICLE 44
HOME OCCUPATIONS
§ 33-850 License required.
A legally established dwelling unit shall not be used for business purposes unless a business license has first been issued by the business license division. A cottage food operation, as defined in the California Homemade Food Act, shall obtain a business license. A microenterprise home kitchen operation (MEHKO), as defined by the County of San Diego Department of Environmental Health and Quality, shall obtain a business license. A business license for a home occupation shall not relieve the permittee of any other requirements of this code or other applicable law pertaining to licenses and license taxes.
(Zoning Code, Ch. 108, § 1087.1; Ord. No. 2013-07RR, § 4, 12-4-13; Ord. No. 2018-04, § 1, 4-4-18; Ord. No. 2023-06, § 3, 3-8-23)
§ 33-851 Procedure.
The director may, upon application, authorize the issuance of a business license for a home occupation. Said license shall state the home occupation permitted, the conditions attached, and any time limitations thereon. The license shall not be issued unless the director is satisfied that the applicant will comply with all the conditions listed in sections 33-852 to 33-854 of this article as applicable.
(Zoning Code, Ch. 108, § 1087.3; Ord. No. 2013-07RR, § 4, 12-4-13; Ord. No. 2018-04, § 1, 4-4-18; Ord. No. 2023-06, § 3, 3-8-23)
§ 33-852 Minor home occupations.
A business license is required for any business operated in a dwelling unit or accessory building which has little to no external indication of commercial activity and which is not a major home occupation, as authorized by section 33-853. Each and every one of the following conditions must be observed at all times by the holder of the business license.
(a)
Employees. Employees or assistants who are not occupants of the dwelling shall not be employed on the premises, except where specifically permitted by law.
(b)
The home occupation shall be conducted wholly within the structures on the premises and shall not exceed 25% of the total floor area of all legal structures on the premises.
(c)
Inventory and supplies for the home occupation shall not occupy more than 50% of the permitted home occupation area.
(d)
No structural alterations to the interior of the dwelling are permitted for the occupation if they would make it difficult to return the dwelling to exclusive residential use. External changes, which make the dwelling appear less residential in nature or function are prohibited.
(e)
No storage of equipment, appliances, materials, or supplies shall be permitted where visible from the exterior of the property other than that storage normally found on the premises of a residence.
(f)
No customer services or sales of goods, wares or merchandise shall be made on the premises, except where specifically permitted by law.
(g)
Signs.
(1)
No sign or advertising shall be displayed on the premises except where specifically required by law. Any required signs shall be no larger than the minimum size required by law.
(2)
Residential addresses shall not be used in any advertising (i.e., newspaper advertisements, bulletin boards, paid electronic advertisements, and the like) unless otherwise required by law. Business cards and letterhead are not included in this requirement and may be permitted provided that they do not draw attention or customers to the property.
(h)
No display of any kind shall be visible from the exterior of the premises.
(i)
Parking.
(1)
Required residential parking shall be maintained and available for residential parking.
(2)
All maintenance, service, or commercial vehicles, trailers or equipment shall be parked or stored entirely within a building or structure. Other vehicles that bear advertisements associated with the home occupation, which may be used for personal use, must be parked or stored entirely within a building or structure or parked in a screened area so that the vehicle is not visible from the public right-of-way.
(3)
No more than one business vehicle and one trailer are allowed for each resident involved in the home occupation.
(j)
No mechanical or electrical apparatus, equipment or tools shall be permitted except those items which are commonly associated with residential use or use customary to home crafts.
(k)
On-site manufacturing is prohibited as a home occupation, with the exception of custom and visual art crafts (e.g., jewelry, art, ceramics, etc.), custom sewing and fabric crafts, and light wood working.
(l)
Traffic.
(1)
The home occupation shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the zone in which the use is located.
(2)
Customers. On-site customers are prohibited except as permitted for MEHKOs pursuant to California Health and Safety Code section 113825(a)(3).
(3)
Deliveries or pick-ups by normal delivery services shall occur between 8:00 a.m. and 5:00 p.m. No more than two deliveries per day except as permitted for MEHKOs pursuant to California Health and Safety Code section 113825(a)(9).
(m)
Cottage food operations. The following conditions shall apply to a minor home occupation for a cottage food operation (CFO).
(1)
No more than one CFO is permissible per legally established dwelling unit.
(2)
No more than one part-time non-resident CFO employee is allowed on the premises at a time.
(3)
On-premises customers and non-resident employee(s) of a CFO are limited to 8:00 a.m. to 5:00 p.m., 40 hours per week maximum. The required residential parking for the dwelling unit shall not be used by the CFO customers and employee(s).
(4)
A CFO shall comply with all other limitations of the California Homemade Food Act, which may be amended over time.
(n)
Notwithstanding the above, all minor home occupations are also subject to the general conditions listed in section 33-854.
(o)
Microenterprise home kitchen operations (MEHKO) shall be subject to Chapter 5 of the San Diego County Code of Regulatory Ordinances, which may be amended over time.
(Zoning Code, Ch. 108, § 1087.5; Ord. No. 2013-07RR, § 4, 12-4-13; Ord. No. 2018-04, § 1, 4-4-18; Ord. No. 2023-06, § 3, 3-8-23)
§ 33-853 Major home occupations.
A business license is required for any business operated in a dwelling unit or accessory building which may have or has external indication of commercial activity, but remains a home occupation and not a primary use of the property. Each and every one of the following conditions must be observed at all times by the holder of the business license.
(a)
Employees. Only members of the family or household residing on the premises, and no more than two non-residents who commute to the home to work, may be continuously employed at any one time on the site, except where specifically permitted by law. For the purposes of this article, a non-resident employee includes an employee, business partner, co-owner, or other person affiliated with the major home occupation who does not reside on the site, but who visits the site as part of the home occupation. This provision does not allow employee shifts, with each shift staffed by different non-resident employees even when only two non-resident employees are at the site at any one time.
(b)
The home occupation shall be conducted wholly within the structures on the premises and shall not exceed 33% of the total floor area of all legal structures on the premises.
(c)
Inventory and supplies for the home occupation shall not occupy more than 50% of the permitted home occupation area.
(d)
Although the dwelling and site must remain residential in appearance, internal or external changes may be necessary to support the home occupation, such as lighting and access control.
(e)
No storage of equipment, appliances, materials, or supplies shall be permitted where visible from the exterior of the property other than that storage normally found on the premises of a residence, except for the outdoor storage of soft landscaping materials. The outdoor storage of said soft landscaping materials is permitted only if the material is not visible from the public right-of-way. The storage of said materials must also not create a nuisance to surrounding property owners.
(f)
Retail sales of goods must be entirely accessory to any services provided on the site (such as hair care products sold as an accessory to hair styling services), except for merchandise crafted on site (e.g., crafts and artwork).
(g)
Signs.
(1)
No sign or advertising shall be displayed on the premises except where specifically required by law. Any required signs shall be no larger than the minimum size required by law.
(2)
Residential addresses may be used in print or electronic advertising provided that it is made clear that any on all on-site services are provided and/or offered by appointment only. Business cards and letterhead are not included in this requirement and may be permitted provided that they do not draw attention or customers to the property as drop-in or unannounced visits.
(h)
No display of any kind shall be visible from the exterior of the premises.
(i)
Parking.
(1)
Required residential parking shall be maintained and available for residential parking.
(2)
Home occupations with customer access shall maintain a driveway with a minimum depth of 20 feet from the back of sidewalk, or edge of public right-of-way if no sidewalk exists, and be made available to customers or non-resident employees during business hours.
(3)
The site shall have adequate on-site parking to accommodate the anticipated additional traffic or parking demand resulting from the proposed home occupation use, which may limit the intensity of home occupation types.
(4)
With the exception of approved driveways, and supplemental parking allowances per section 33-110, no parking shall be allowed in required front or side yard setbacks.
(5)
All maintenance, service, or commercial vehicles, trailers or equipment shall be parked or stored entirely within a building or structure. Other vehicles that bear advertisements associated with the home occupation, which may be used for personal use, must be parked or stored entirely within a building or structure or parked in a screened area so that the vehicle is not visible from the public right-of-way.
(j)
No mechanical or electrical apparatus, equipment or tools shall be permitted except those items which are commonly associated with residential use or use customary to home crafts.
(k)
Traffic.
(1)
The home occupation shall not generate pedestrian or vehicular traffic that noticeably affects the residential character of the neighborhood.
(2)
Customers. No more than eight clients or customers shall be on the premises in any one day.
(3)
Traffic, which exceeds eight clients, customers, normal deliveries, or combination thereof per day, shall be a prima facie evidence that the activity is a primary business and not a home occupation.
(4)
Customer or client business-related visits and non-resident employee arrivals and departures shall occur between 8:00 a.m. and 8:00 p.m.
(5)
Deliveries or pick-ups by normal delivery services shall occur between 8:00 a.m. and 5:00 p.m.
(l)
If the major home occupation is to be conducted from rental property, the property owner's authorization for the proposed use shall be obtained prior to approval.
(Zoning Code, Ch. 108, § 1087.7; Ord. No. 2013-07RR, § 4, 12-4-13; Ord. No. 2018-04, § 1, 4-4-18; Ord. No. 2023-06, § 3, 3-8-23)
§ 33-854 General conditions.
The following conditions are applicable to minor and major home occupations, in addition to the conditions provided for in section 33-852 for minor home occupations and section 33-853 for major home occupations.
(a)
Any special condition established by the director and made of record in the home occupation business license, as they may deem necessary to carry out the intent of this section, shall be met.
(b)
Prohibited uses. The following uses are not incidental and secondary to the use of the dwelling as a residence nor are they compatible with surrounding residential uses and shall be prohibited as home occupations, notwithstanding the provisions of any other section of this article.
(1)
Motor vehicle, trailer, boat, and heavy equipment repair or restoration (body or mechanical), upholstery, and painting;
(2)
Vehicle services, including stereo and car alarm installation, and on-site vehicle detailing (washing, waxing, etc.);
(3)
Vehicle on-site sales;
(4)
Medical or professional clinics;
(5)
Veterinary clinics;
(6)
Commercial kennels and on-site pet day care facilities;
(7)
Massage establishments;
(8)
Tattoo and/or body art/piercing establishments;
(9)
Ammunition, explosives, or fireworks sales, use, or manufacturing;
(10)
Manufacture of any type of fuel(s) for use, storage, dispensing, or sales; and
(11)
Other similar uses determined by the director not to be incidental or secondary to or compatible with residential activities.
(c)
There shall be complete conformity with fire, building, plumbing, electrical and health codes and to all state and city laws and ordinances.
(d)
The home occupation shall not create impacts on municipal or utility services or community facilities from hazardous materials and other materials introduced into the wastewater system in excess of levels usually and customarily related to residential uses.
(e)
The home occupation shall not cause a demand for municipal or utility services or community facilities in excess of those usually and customarily provided for residential uses.
(f)
The home occupation shall be clearly incidental and secondary to the use of the dwelling for residential purposes and shall not alter the residential character of the premises.
(g)
The home occupation shall not unreasonably disturb the peace and quiet of the neighborhood as follows:
(1)
No excessive mechanical equipment which produces vibration, smoke, dust, odors, heat, glare, or noxious fumes resulting from a home occupation or interferes with radio and television reception, shall exceed that which is normally produced in a single-family dwelling.
(2)
Any noise generated by the home occupation shall be consistent with the requirements of Article 12 (Noise Abatement and Control) of Chapter 17 (Offenses) of the Escondido Municipal Code.
(3)
No production, generation, or storage of any hazardous substances or materials beyond an amount that is commonly used for a single-family dwelling shall be permitted.
(h)
All business licenses for home occupations are subject to immediate cancellation in the event that the zoning regulations applicable to the premises are amended to prohibit such use.
(i)
A business license for a home occupation issued to one person shall not be transferable to any other person, entity, or business, and is valid only for the property address set forth in the license.
(Ord. No. 2018-04, §1, 4-4-18; Ord. No. 2023-06, § 3, 3-8-23)
§ 33-855 Noncompliance.
Any business license for a home occupation shall be revoked by the business license division at the direction of the director upon violation of any requirements of this article, or upon failure to comply with any of the conditions or limitations of the license, unless such violation is corrected within three days of the giving of written notice thereof. A license may be revoked for repeated violation of the requirements of this article, notwithstanding compliance with the notice.
(Ord. No. 2018-04, §1, 4-4-18; Ord. No. 2023-06, § 3, 3-8-23)
§ 33-856 Denial or revocation.
In the event of denial of any license, or the revocation thereof, or of objection to the limitations placed thereon, appeal may be made pursuant to section 33-1303.
(Zoning Code, Ch. 108, § 1087.8; Ord. No. 2013-07RR, § 4, 12-4-13; Ord. No. 2018-04, § 1, 4-4-18; Ord. No. 2023-06, § 3, 3-8-23)