Fountain Valley City Zoning Code
CHAPTER 21
42 HOME OCCUPATION PERMITS
§ 21.42.010 Purpose.
This chapter provides a process for reviewing home occupation permit applications which are intended to allow for specified activities that are incidental and accessory to a residential use, are compatible with the surrounding neighborhood and are deemed to cause minimal impact(s) on neighboring parcels, if conducted in compliance with the applicable locational and operational standards identified in this chapter.
(Ord. 1308 § 5, 2000)
§ 21.42.020 Definition.
A home occupation is any activity producing income, or intended to produce income, conducted entirely within a residential dwelling and by the inhabitants of the dwelling, which use is clearly incidental and secondary to the use of the structure for residential purposes and which does not change the character of the dwelling.
Any business activity allowed under this chapter, when conducted by the resident(s) of a dwelling in a manner accessory to and compatible with the residential characteristics of the surrounding neighborhood, and in compliance with the applicable locational and operational standards identified in this chapter.
(Ord. 1308 § 5, 2000)
§ 21.42.030 Authority.
(a)
Permits Required.
(1)
A home occupation shall not be established or operated in any manner without the prior approval, issuance, and maintenance of a valid home occupation permit.
(2)
An application for a home occupation permit shall be submitted for approval, conditional approval, modification or disapproval before the establishment or operation of the proposed use.
(3)
A business license shall not be issued by the city's finance director until the director has approved and issued the home occupation permit.
(b)
Director's Action. The director may approve home occupation permits, subject to the appeal provisions of Chapter 21.62 (Appeals) of this title.
(c)
Refer to Commission. The director may elect to defer action and refer the application to the commission.
(Ord. 1308 § 5, 2000)
§ 21.42.040 Prohibited home occupations.
The following uses, either by operation or nature, are considered not to be incidental to or compatible with residential activities and therefore shall not be allowed as home occupation activities:
(1)
Any use that generates six or more additional vehicle trips per day;
(2)
Adult entertainment activities/businesses;
(3)
Animal hospitals and grooming facilities;
(4)
Automotive and other vehicle reconditioning, repair, servicing (body or mechanical), painting, storage or upholstery;
(5)
Commercial cabinet or furniture making businesses (this does not include woodworking as a hobby activity);
(6)
Commercial kennels;
(7)
Contractor's storage yards;
(8)
Dismantling, junk or scrap yards;
(9)
Exercise studios;
(10)
Medical clinics, laboratories and offices;
(11)
Repair, reconditioning, servicing or manufacture of any internal combustion or diesel engines, including automobiles, boats, motorbikes, motorcycles, recreational vehicles or trucks operating as a business;
(12)
Sale of alcohol, explosives, hazardous products and/or wastes, fire arms and/or ammunition;
(13)
Sales of home furnishing materials including carpeting, floor covering, tile and other similar materials;
(14)
Uses which require explosives or highly combustible or toxic materials;
(15)
Welding and machine shop operations; or
(16)
Other uses the director deems to be similar to those listed above, that could result in objectionable impacts on neighboring residentially zoned parcels (e.g., noise, increased pedestrian and vehicular traffic, etc.).
(Ord. 1308 § 5, 2000)
§ 21.42.050 Application filing, processing and review.
(a)
Filing. An application for a home occupation permit shall be filed with the department in compliance with Chapter 21.32 (Applications, Processing and Fees) of this title.
(b)
Contents. The application shall be accompanied by the information identified in the department handout for home occupation permit applications.
(c)
Home Occupation Permit and Business License. Immediately following the effective date of an approved home occupation permit, when no appeal has been filed, the applicant shall obtain a business license.
(Ord. 1308 § 5, 2000)
§ 21.42.060 Compliance with standards.
Prior to approval of an application for a home occupation permit, the director shall make a finding that all of the following standards are met:
(1)
There shall be no employment of persons other than the members of the resident family who permanently reside on the premises.
(2)
There shall be no direct sales of products, either wholesale or retail, on the premises.
(3)
There shall be no use or storage of material or mechanical equipment not recognized as being part of normal household or hobby use.
(4)
The use shall not generate pedestrian or vehicular traffic beyond that normal to the district or neighborhood in which it is located.
(5)
The use shall not involve the use of commercial vehicles for delivery of materials to or from the premises, other than a vehicle not to exceed one ton capacity, owned by the operator of the home occupation, which shall be stored in an entirely enclosed garage.
(6)
The use shall not involve excessive storage of materials or supplies on the premises. All combustible substances shall receive approval of the fire marshal.
(7)
Signs shall not be displayed in connection with the home occupation, and there shall be no advertising using the home address, with the exception of advertising in the telephone directory.
(8)
Not more than one room in the dwelling shall be employed for the home occupation. Use of the garage is allowed, provided that all required vehicle storage is maintained in compliance with this title.
(9)
Accessory structures or space outside of the dwelling shall not be used for home occupation purposes or storage of materials related to the home occupation.
(10)
The appearance of the dwelling or any accessory structure shall not be so altered so that the dwelling or accessory structure may be reasonably recognized as serving a nonresidential use (either by color, construction, or materials, lighting, noise, signs, sounds or vibrations, etc.).
(11)
There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes as defined in the district.
(Ord. 1308 § 5, 2000; Ord. 1497 § 4, 2014)
§ 21.42.065 Cottage food operation home occupation permit.
(a)
Permits Required.
(1)
A cottage food operation shall not be established or operated without the prior approval, issuance, and maintenance of a valid cottage food home occupation permit.
(2)
An application for a cottage food operation home occupation permit shall not be issued until the applicant has furnished a valid permit for a cottage food operation from the county of Orange health care agency in compliance with the California Health and Safety Code Section 114365.
(3)
The applicant of a cottage food operation home occupation permit shall comply with all local ordinances, standards, restrictions, and requirements concerning spacing, concentration, traffic control, parking, and noise standards.
(b)
Operational Requirements.
(1)
The cottage food operation shall not have more than one full-time equivalent employee, not including a family member or household member of the cottage food operator within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared or packaged.
(2)
There shall be only one cottage food operation per each residential unit.
(3)
The cottage food operation shall be conducted in the registered or permitted area of the home that contains the kitchen used for the preparation, packaging, storage, or handling of food products and ingredients or equipment and attached rooms within the home that are used exclusively for storage.
(4)
The garage shall not be used for storage of products or merchandise associated with the cottage food operation and there shall be no use or storage of materials, supplies, or mechanical equipment not recognized as being part of the registered or permitted cottage food area as defined in Health and Safety Code Section 113758(7).
(5)
The cottage food operation shall not generate more than twenty vehicle trips per day.
(6)
Deliveries and customer traffic shall be limited to seven a.m. to eight p.m., seven days per week.
(7)
The use shall not involve the use of commercial vehicles as defined by California Vehicle Code Section 260 for delivery of materials to or from the premises, except for package/courier delivery services and United States Postal Service deliveries that customarily service residential neighborhoods, other than a vehicle not to exceed one-ton capacity loaded weight as defined by California Vehicle Code Section 350, owned by the operator of the home occupation.
(9)
There shall be one dedicated parking space on-site for customers of the cottage food operation.
(Ord. 1497 § 5, 2014)
§ 21.42.070 Findings and decision.
Home occupation permit application may be approved by the director, or by the commission on appeal or referral, only if the following findings of fact can be made in a positive manner:
(1)
The requested home occupation:
(B)
Is not prohibited in compliance with Section 21.42.040 (Prohibited home occupations) of this chapter;
(C)
Would be consistent with the actions, goals, objectives and policies of the general plan and any applicable specific plan;
(D)
Would comply with the locational and operational standards identified in this chapter;
(E)
Would be compatible with adjoining properties and the surrounding neighborhood, and would not alter the residential character of the property.
(2)
Approval of the requested home occupation:
(Ord. 1308 § 5, 2000)
§ 21.42.080 Conditions of approval.
In approving a home occupation permit the director may impose conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, off-site improvements, parking, property maintenance, signs, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to:
(1)
Compliance with Chapter. Ensure compliance with the general purpose of this chapter, the actions, goals, objectives and policies of the general plan, and any applicable specific plan;
(2)
Compliance with Findings. Ensure that the approval would be in compliance with the findings required by Section 21.42.070 (Findings and decision) of this chapter;
(3)
Protect Interests. Protect the best interests of the surrounding property or neighborhood;
(4)
Standards. Ensure compliance with the locational and operational standards identified in this chapter; and
(5)
Acknowledgment.
(A)
Ensure that the applicant acknowledges receipt, full understanding and agreement with all of the conditions before issuance of the home occupation permit.
(B)
By signing the written acknowledgment, the applicant acknowledges acceptance of the benefits of the home occupation permit and agrees to waive any right to later challenge any condition(s) imposed as unfair, unnecessary or unreasonable.
(Ord. 1308 § 5, 2000)
§ 21.42.090 Inspections.
The director shall have the right at any reasonable time, upon request, 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 this chapter.
(Ord. 1308 § 5, 2000)
§ 21.42.100 Post approval procedures.
Procedures relating to appeals, changes, performance guarantee, revocation and time extensions, as identified in Chapters 21.52 through 21.64 of this title, in addition to those identified in Chapter 21.54 (Entitlement Implementation, Time Limits and Extensions) of this title, shall apply following the approval of a home occupation permit.
(Ord. 1308 § 5, 2000)
§ 21.42.110 Permit not transferable.
(a)
Not Transferable. The home occupation permit is not transferable.
(b)
New Resident. A new home occupation permit and business license, for the same or different home occupation conducted by a new resident, shall be obtained before conducting an allowed home occupation.
(c)
Original Resident. A change in the type of home occupation activity (e.g., a change from one allowed activity to another allowed activity) conducted by the original resident/permittee shall also require a new home occupation permit and business license before conducting an allowed home occupation.
(Ord. 1308 § 5, 2000)
§ 21.42.120 Home occupation violations.
It is unlawful for any person to operate a business in a residential zone without a home occupation permit or to operate such business in violation of the permit or in violation of this chapter.
(Ord. 1358 § 12, 2004)