A.   The purpose of the home occupation (HO) and home based business permit (HBB) provisions is to permit the establishment and operation of businesses within residential neighborhoods and agricultural areas, in a way to mitigate anticipated impacts of the businesses on adjacent properties or the general neighborhood. Home occupations and home based businesses are limited to those uses meeting the performance requirements outlined in chapter 335 of this title.

   B.   No home occupation or home based business may occur and no permit for a home occupation or home based business shall be issued unless the procedures and criteria specified in this chapter and the performance based standards listed in chapter 335 of this title are satisfied. It is the applicant's responsibility to review any applicable codes, covenants and restrictions (CC&Rs) which may limit the establishment of a home occupation or home based business. (Ord. 603, 11-1-2018)

   A.   An application for an HO or an HBB must be filed with the department concurrently with a business license application.

   B.   The department shall review the request for an HO/HBB permit to ensure compliance with the criteria for operations established in chapter 335 of this title. In rendering a decision, the Director shall clearly state, in writing, any conditions of approval or reasons for denial. (Ord. 603, 11-1-2018)

A mobile business may be permitted as an HBB, provided that the mobile business is operated pursuant to the conditions of operation described in chapter 335 of this title, in addition to the following conditions which specifically apply to mobile businesses:

   A.   The mobile business must comply with all applicable requirements of any Federal, State or local agency with regulatory or permitting authority over the conduct of that business.

   B.   Any automotive-related services shall be limited to cleaning, detailing, and minor replacement or repair to glass or accessory parts; no mobile business operating under a home occupation permit shall be permitted to conduct auto repair, auto body or engine work, except on an emergency roadside repair basis.

   C.   No work shall be conducted in a publicly accessible parking lot; however, work may be conducted in parking lots which are restricted to employees only.

   D.   No work shall be conducted on County-owned property, including parks, parking lots, or public rights-of-way. (Ord. 603, 11-1-2018)

The Director may periodically review any HO/HBB to ensure that it is being operated in a manner consistent with the conditions of operation and in a manner which is not detrimental to the public health, safety, or welfare, or materially injurious to properties in the vicinity. If, after review, the Director deems that there is sufficient evidence to warrant a full examination, then a public hearing date shall be set. (Ord. 603, 11-1-2018)

   A.   If the Director determines that the HO or HBB is not being conducted in compliance with the requirements of this chapter or in conformance with the conditions of approval and efforts to achieve compliance with the requirements or conformance with the conditions fail, the Director shall notify the operator of the home occupation or home based business of the date for a public hearing on the operator's compliance with this chapter. Such notice shall be sent by certified mail and shall state that the commission will be reviewing the HO/HBB for possible modification or revocation. It shall also state the date, time and place of the hearing. The public hearing shall be conducted and notice given in accordance with chapters 9 and 10 of this title.

   B.   The Director shall investigate the evidence and prepare a report to the commission regarding the reported violation of the HO/HBB requirements. A copy of the report shall be sent to the operator of the home occupation or business. Upon conclusion of the hearing per chapter 6 of this title, the commission shall make one of the following determinations and take such accompanying action:

      1.   Find that the home occupation or home based business is being conducted in an appropriate manner and that no action to modify or revoke the permit is necessary; or

      2.   Find that the home occupation or home based business is not being conducted in an appropriate manner and impose modifications or conditions as are necessary to mitigate previously unforeseen impacts upon the surrounding neighborhood; or,

      3.   Find that the HO or HBB is not being conducted in an appropriate manner and that measures are not available to mitigate the impacts of the business. Upon making this determination, the commission shall revoke the HO/HBB and order the operation to cease and desist in the time specified by the commission. (Ord. 603, 11-1-2018)