The purpose of the home occupation permit is to allow certain limited commercial or office endeavors within otherwise residential areas as a method of promoting employment and revenue-generating activities within the city.

(Ord. No. 11-01, § 2, 3-22-2011)

For the purposes of this chapter, "city manager" shall mean the city manager of the city of Mendota or his/her designee.

A.

Filing. An application for a home occupation shall be submitted to the city clerk. For rental property, the property owner or property manager shall provide written authorization for the proposed use at the time of application submittal.

B.

Review. Following receipt of a completed application, the city manager shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter.

C.

Public Notice. Public notice shall not be required as part of the process for review of a home occupation permit application.

D.

Fees. A home occupation permit fee, as established by resolution of the city council, shall be collected from the applicant when the application for a home occupation permit is submitted.

E.

Application Review. The city manager shall review each application and, within thirty (30) days of receipt, shall remit the decision in writing with the findings on which the decision is based.

F.

Approval or Denial. The city manager shall approve a home occupation permit if the following findings are made:

1.

The proposal is consistent with the general plan, any applicable specific plan, and the development standards of the subject zoning district.

2.

The proposal is consistent with the home occupation criteria and all other applicable standards of this code.

G.

Appeal to the Planning Commission. If the home occupation permit application is denied, the applicant may file an appeal to the planning commission.

1.

The appeal shall be submitted within ten (10) days of the decision of the city manager.

2.

The appeal shall be in writing setting forth the reason(s) for the appeal and shall be filed with the city clerk, subject to a fee established by resolution of the city council.

3.

The planning commission shall consider the appeal at its next regular meeting, not less than ten (10) days after the appeal is submitted.

H.

Appeal to the City Council. If the appeal to the planning commission is denied, the applicant may file an appeal to the city council.

1.

The appeal must be submitted within ten (10) days of the decision of the planning commission.

2.

The appeal shall be in writing setting forth the reason(s) for the appeal and shall be filed with the city clerk, subject to a fee established by resolution of the city council.

3.

The city council shall consider the appeal at its next regular meeting, not less than ten (10) days after the appeal is submitted.

I.

Effective Date. The home occupation permit shall become effective immediately upon signature by the city manager; or, in the cases of appeal to the planning commission or city council, once the acting body has rendered its final decision.

J.

Business License Required. Following approval of a home occupation permit, but prior to initiation of the use, the applicant shall have applied for and received a business license from the city of Mendota for operation of said use pursuant to Title 5 of this code.

(Ord. No. 11-01, § 2, 3-22-2011)

A.

Where Permitted. Home occupations are permitted to operate within dwellings in the following zoning districts:

1.

All residential zoning districts;

2.

In the C-3 (Central Business and Shopping) District when operating from a dwelling approved as part of a mixed-use development;

3.

In other non-residential districts as part of a nonconforming residential use, until amortization or other discontinuation of that residential use occurs. Section 17.86.020(F)(1) notwithstanding, a nonconforming residential use may be found to be consistent with the intent of this chapter if it meets the development standards of the residential zoning district most similar to the nonconforming use, as determined by the city manager.

B.

Permitted Occupations. Permissible home occupations may include, but are not limited to, the following:

1.

General office professions, such as accountant, administrative assistant, answering service, appraiser, architect, attorney, bookkeeper, broker or agent (e.g., real estate, insurance), consultant, drafting, engineer, interior decorator, secretarial, and word processing;

2.

Commission merchant, direct sale product distribution, and mail- or internet-order business;

3.

Dressmaker, tailor;

4.

Businesses involving the sale or delivery of merchandise fabricated on the site;

5.

Mobile businesses: vehicle repair, glass installation, and auto detailing; computer repair;

6.

Offices for professions wherein service is primarily provided outside the home: contractor, handyperson, janitorial service, landscaping/gardening service;

7.

Offices for professions involving provision of service within the home, to not more than one client simultaneously: tutoring, somatic practice, fine art instruction, martial arts instruction;

8.

Food preparation, including a cottage food operation, provided that the applicant shows evidence that any and all requirements of the Fresno County Public Health Department and the State of California are met, and that no onsite dining facilities are provided;

9.

Woodworking;

10.

Any other use that the city manager finds similar to the above and that otherwise meets the requirements for approval as a home occupation pursuant to this chapter.

(Ord. No. 11-01, § 2, 3-22-2011; Ord. No. 15-04, § 2, 4-28-2015)

The following uses shall not be permitted as home occupations:

A.

Adult businesses conducted on the site, including but not limited to nude entertainment or related activities, or sale/rental of adult books, movies, or related paraphernalia;

B.

Alcohol or tobacco sales;

C.

Businesses that entail onsite boarding, handling, breeding, grooming, raising, or training of animals;

D.

Dance club/night club;

E.

Firearms or ammunition dealers;

F.

Fortune telling;

G.

Massage parlors;

H.

Medical or dental offices, including pharmacy or medical marijuana dispensaries;

I.

Mini storage;

J.

Otherwise appropriate home occupations that become detrimental to the public health, safety, or welfare, or that constitute a nuisance;

K.

Retail sales of merchandise stored and/or displayed on the premises;

L.

Tattoo parlors, including body piercing and permanent makeup;

M.

Repair of motor vehicles, as defined in § 415 of the California Vehicle Code, on the premises;

N.

Repair of appliances;

O.

Vehicle sales;

P.

Welding and/or machining;

Q.

Any other use that the city manager finds similar to the above, that would be detrimental to the public health, safety, or welfare, that is not consistent with the general plan, any applicable specific plan, or the intent of this chapter, or that is otherwise not compatible with the residential character of the neighborhood.

(Ord. No. 11-01, § 2, 3-22-2011)

This section provides locational and operational standards for the conduct of home occupations. Home occupations shall comply with all of the following standards:

A.

The dwelling from which the home occupation is proposed to operate shall comply with Title 15 of this code.

B.

The use shall be clearly subordinate to and compatible with the residential nature of the area.

C.

The home occupation shall not alter the appearance of the dwelling, nor shall the conduct of the home occupation be recognized as serving a nonresidential use (by way of color, lighting, construction, materials, signs, sounds or noises, etc.).

D.

Not more than one room within the dwelling shall be used for the home occupation.

E.

Only residents of the dwelling may be employees of the permitted home occupation.

F.

Except as otherwise permitted by this chapter, there shall be no display of merchandise.

G.

There shall be no use of materials, equipment, or machinery not recognized as being part of normal household or hobby use.

H.

Except as otherwise permitted by this chapter, there shall be no sales of products or services not produced on the premises;

I.

The use shall not generate pedestrian or vehicular traffic beyond that normal to the district in which it is located.

J.

For home occupations involving client attendance at the premises, no more than eight clients shall be served on any given day.

K.

For home occupations involving client attendance at the premises, or otherwise producing any sensible effect off of the site, business shall occur only between the hours of 7:00 a.m. and 7:00 p.m.

L.

Only one vehicle, owned by the operator of the home occupation, and not to exceed one ton in capacity, may be used by the operator in conjunction with the home occupation. Said vehicle shall be stored entirely within a garage or carport.

M.

The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the site in a manner different from normal residential usage, with the exception of FedEx, UPS, or United States Postal Service-type services.

N.

The home occupation shall not encroach into required parking, setback, or open space areas, or result in violation of any of the development standards of the subject zoning district, unless a separate proposal for said encroachment or a variance from standards is requested and approved prior to issuance of the home occupation permit.

O.

There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes.

P.

The use shall not create or cause dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, or vibration that can or may be considered a hazard or nuisance.

Q.

The home occupation permit is nontransferable.

R.

No more than one home occupation may be allowed in any dwelling at one time.

S.

In the case of a resident who, as part of his or her normal employment, is required or permitted to drive an employer-provided passenger vehicle to and from his or her residence, this shall not in and of itself constitute a home occupation.

(Ord. No. 11-01, § 2, 3-22-2011)

A.

Discontinuance or Cessation. Home occupation permits shall immediately expire upon discontinuance or cessation of the permitted use for a continuous period of thirty (30) days.

B.

Revocation of Permit. The city manager may revoke a home occupation permit for noncompliance with the provisions of this chapter or for failure to comply with applicable laws and ordinances pertaining to the use of the property. The revocation of a home occupation permit shall become effective upon delivery of written notice to the permittee.

C.

Appeal to the Planning Commission. The permittee may appeal the revocation to the planning commission.

1.

The appeal must be submitted within ten (10) days of the decision of the city manager.

2.

The appeal shall be in writing setting forth the reason(s) for the appeal and shall be filed with the city clerk, subject to a fee established by resolution of the city council.

3.

The planning commission shall consider the appeal at its next regular meeting, not less than ten (10) days after the appeal is submitted.

D.

Appeal to the City Council. If the appeal to the planning commission is denied, the applicant may file an appeal to the city council.

1.

The appeal must be submitted within ten (10) days of the decision of the planning commission.

2.

The appeal shall be in writing setting forth the reason(s) for the appeal and shall be filed with the city clerk, subject to a fee established by resolution of the city council.

3.

The city council shall consider the appeal at its next regular meeting, not less than ten (10) days after the appeal is submitted.

E.

[Revocation.] Absent an immediate health, safety, or welfare concern, and provided that an appeal is timely filed, any revocation shall be stayed pending completion of the appeal process.

(Ord. No. 11-01, § 2, 3-22-2011)

The city manager shall have the right to inspect the premises of a home occupation to verify compliance with this chapter and any conditions set forth in the approval of the home occupation permit.

(Ord. No. 11-01, § 2, 3-22-2011)

All pre-existing home occupations shall conform to the requirements of this chapter before or upon renewal of the annual business license. All pre-existing, non-permitted home occupations shall conform to the requirements of this chapter within sixty (60) days of the effective date of this chapter.

(Ord. No. 11-01, § 2, 3-22-2011)

Any violation of this chapter shall be deemed an infraction, and shall be subject to the general penalty as described in Chapter 1.20 of this code.

(Ord. No. 11-01, § 2, 3-22-2011)