The purpose of this chapter is to permit the conduct of home based businesses in residential districts and to establish a comprehensive set of regulations applicable to the establishment and operation of home based business within the City of Montebello without any way changing the appearance or conditions of the residence and neighborhood.

(Ord. No. 2360, § 5, 6-25-2014)

Refer to the definitions contained in Chapter 17.08 of this code.

(Ord. No. 2360, § 5, 6-25-2014)

A.

Application for Permit Required. An application for a home occupation permit shall be filed with a business license application on a form prescribed by the city. The request shall consist of all of the following items:

1.

An application for a home occupation permit, which must include the names, addresses, and notarized signatures of both the business operator(s) and the property owner, which serves as authorization to operate the home occupation for rental property, and the board of the home owners' association, if applicable;

2.

Proof of full-time residency as provided by a California Identification Card or California Driver's License issued by the Department of Motor Vehicles;

3.

Any additional information, plans, or drawings the planning manager may require to determine whether the proposed use will comply with all of the applicable provisions of this subsection. The planning manager may authorize omission of any or all of the plans and drawings required by this section if they are deemed not necessary.

B.

Review, Within twenty working days of the date of filing a complete home occupation application by the applicant, the planning manager shall approve, approve in modified form, or deny the application. The action of the planning manager shall be final and conclusive, unless within thirty days of the decision, an appeal is filed appealing the decision of the planning manager to the planning commission, in accordance with Section 17.78.060 of this code. Upon approval, the applicant shall proceed with the processing of a business and home occupation license from the business license division.

(Ord. No. 2360, § 5, 6-25-2014)

A home occupation permit shall not be transferrable.

(Ord. No. 2360, § 5, 6-25-2014)

A.

Home occupations, governed by subsection B below, are permitted, provided that:

1.

Only the applicant/resident of the dwelling unit shall be employed in the operation of the home occupation use. No volunteers, interns, or independent contractors shall be part of the home occupation.

2

Clients, customers, and/or associates shall not be permitted on the subject site.

3.

Display or storage of items, goods, or merchandise, shall not be permitted; provided however that this condition is not intended to prohibit the temporary interior storage of materials used in the operation of the home occupation so long as such storage does not create a health or safety problem or a neighborhood nuisance.

4.

A home occupation shall be conducted entirely within an enclosed dwelling unit.

5.

Equipment which emits dust, fumes, noise or odor, or other equipment as determined by the planning manager which could interfere with the peaceful use and enjoyment of adjacent and surrounding properties shall be prohibited.

6.

On-site signs advertising a home occupation shall not be permitted.

7.

Alteration of the residential character of the subject site shall not be permitted.

8.

Vehicles in conjunction with the home occupation permit shall not exceed a height of seven feet nor be larger than what can easily fit within the universal stall dimension of ten feet wide by twenty feet long.

9.

The area to be used for home occupation shall not encompass more than one room of the dwelling unit, and shall not exceed twenty-five percent of the floor area or two hundred square feet, whichever is lesser.

10.

No portion of the required parking area shall be used for the home occupation.

11.

Guns and ammunition shall not be sold as part of a home occupation except that a home occupation permit for a gunsmith or firearms collector licensed by the Bureau of Alcohol, Tobacco, and Firearms as a gunsmith, or firearm collector shall be allowed.

12.

The home occupation shall not create noise levels in excess of those allowed in the applicable residential areas in the noise element of the general plan or in excess of those allowed on residential property of the Montebello Municipal Code.

13.

The home occupation shall conform to all applicable federal, state, and municipal laws and regulations applicable to the residential area in which the home occupation is located.

B.

Exclusions. The following uses are examples of those uses specifically prohibited as home occupations:

(1)

Schools of any size or type;

(2)

Boarding or lodging house;

(3)

Antique shop;

(4)

Barber shop and/or beauty parlor;

(5)

Funeral chapel or home, mortuaries;

(6)

Gift shop;

(7)

Medical or dental clinic or hospital, animal hospital or grooming facilities;

(8)

Day care centers or nursery schools, except those permitted by right;

(9)

Private clubs;

(10)

Restaurants;

(11)

Auto or motorcycle, boat or trailer, similar type repair shops;

(12)

Kennels; and

(13)

Office of a health care provider when special mechanical equipment is required.

(Ord. No. 2360, § 5, 6-25-2014)

The director of planning and community development may void any home occupation permit for noncompliance with the criteria set forth in this section.

(Ord. No. 2360, § 5, 6-25-2014)

The applicant or any interested person may appeal to the city council from any ruling of planning commission made pursuant to this chapter in accordance with this section. Notice of any appeal from the ruling of the planning commission must be filed within ten days of the date that such ruling is made. The appeals procedures must conform to those requirements outlined in Chapter 17.78.

(Ord. No. 2360, § 5, 6-25-2014)

The city may enforce the provisions of this chapter by any means authorized and set forth under Chapters 1.12 or 17.06 of this code. Violators may be subject to the fines and/or penalties authorized under Chapters 1.12 or 17.06 of this code.

(Ord. No. 2360, § 5, 6-25-2014)