Pico Rivera City Zoning Code
CHAPTER 18
52 HOME OCCUPATIONS
§ 18.52.010 Purpose of provisions.
The intent and purpose of this chapter is to establish regulations and procedures applicable to unusual uses of land where the circumstances and conditions require special attention, and where the application of this title during the course of the administration and enforcement, results in the inconsistency with the general intent and purpose thereof.
(Prior code § 9213.01)
§ 18.52.020 General requirements.
Regulations governing permits for home occupations shall be as set out in this article.
(Prior code § 9213.04)
§ 18.52.030 Purpose of permits.
The intent and purpose of this chapter is to provide a means by which, for the convenience of maintaining a livelihood and well-being, a restricted and limited business or occupation may be carried on in any dwelling in any residential zone or dwelling in any P-A, C-C, C-G, and M-U overlay zones, but which is clearly subordinate and incidental to the uses permitted in such zone or residential dwelling, and for which its operation could have no detrimental or adverse affects on the neighborhood area in which it may be located. It is also the intent and purpose of this chapter to only allow the issuance of a home occupation permit to the occupant of the residence or dwelling located in the R-E, S-F, R-I, PUD and R-M zones and in the P-A, C-C, C-G, and M-U overlay zones.
(Prior code § 9213.04(A); Ord. 830 § 12, 1993; Ord. 1102 § 5, 2016)
§ 18.52.040 Statement of environmental impact.
The zoning administrator, prior to accepting an application for a home occupation permit, shall determine whether or not a statement of environmental impact is to be required pursuant to the rules, guidelines or regulations duly adopted by the city council which are currently in effect and as may hereafter be amended.
(Prior code § 9213.04(B))
§ 18.52.050 Permit-Application, fee and conditions.
A.
Any owner or occupant of any legally permitted dwelling located only in the R-E, S-F, R-I, PUD, R-M, P-A, C-C, C-G, or M-U overlay zone may file with the zoning administrator an application for a home occupation permit, verified by said owner or occupant on forms prescribed by the zoning administrator, accompanied by a permit application fee in an amount established by a resolution of the city council. The application shall set forth and include any information as the zoning administrator may require.
B.
Issuance of a home occupation permit shall not become effective unless and/or until a business license has been obtained therefor, and no business license shall be issued by the director of finance until documentary evidence of the issuance of a home occupation permit has first been shown. Any home occupation permit issued to an illegal dwelling in error shall become null and void.
(Prior code § 9213.04(C); Ord. 765 § 52, 1989; Ord. 830 § 13, 1993; Ord. 1102 § 6, 2016)
§ 18.52.060 Permit-Issuance, expiration and revocation.
The zoning administrator may issue a home occupation permit which complies with the provisions of this chapter, on forms prescribed by the zoning administrator, and may require additional terms and conditions considered necessary to assure the integrity of such permit and the zone in which it is proposed to be located. Should, at any time during the period which a home occupation permit is in effect, the zoning administrator find, after conducting an investigation, that the operation of such home occupation is in violation of the provisions of this chapter and/or the terms and conditions subject thereto, such violations shall be considered a misdemeanor as set forth in Section 18.06.130 and the zoning administrator shall by declaration serve notice of revocation of the home occupation permit. In any case, a home occupation permit shall expire at the same time a business license issued therefor expires, and shall not remain in effect unless and/or until such business license has been renewed by the director of finance, provided such renewal takes place within thirty days after such expiration of business license comes due.
(Prior code § 9213.04(G); Ord. 830 § 14, 1993)
§ 18.52.070 Number, uses and types of occupations.
Regulations governing the number, uses and types of home occupations shall be as follows:
A.
Number. Not more than one home occupation permit shall be issued for a dwelling.
B.
Uses and Types. A home occupation shall be limited to a personal service type use, provided that no employees or assistants in connection therewith are engaged for services on the premises who are not members of the resident family thereon.
(Prior code § 9213.04 (D); Ord. 830 § 15, 1993)
§ 18.52.080 Signs and advertising.
No signs or other advertising of any form or nature whatsoever, shall be displayed anywhere on the premises in connection with a home occupation.
(Prior code § 9213.04(E))
§ 18.52.090 Other conditions and restrictions.
Other conditions, restrictions and regulations governing home occupations shall be as follows:
A.
Every home occupation permit shall only be issued to the owner or occupant of the property, and such permit shall only be applicable and remain in effect so long as the applicant is a resident of the premises for which such permit is issued, and shall not be transferable to any other person or property.
B.
The operation of every home occupation permit shall be limited to only the residents of the premises for which such permit is issued and shall not engage more than three such resident persons.
C.
There shall not be any on-premises sales, displays, or consultation, except by phone or mail; no on-premises manufacturing fabrication or processing; on-premises office or storage use shall not occupy more than fifteen percent of the ground floor of the dwelling used in connection with the operation of a home occupation permit.
1.
On-Premises Consultation Exception. On-premises consultation may be permitted in connection with a home occupation if the following conditions and restrictions are met:
a.
Dwelling is located on a property whose front property line directly abuts a major arterial as designated within the Circulation Element of the city of Pico Rivera's General Plan or whose street-adjacent side property line abuts a major arterial as designated within the Circulation Element of the city of Pico Rivera's General Plan and provides direct legally permitted vehicular access via a driveway from the major arterial. On-premises consultation is prohibited within dwellings located on properties whose front and or street-adjacent side property lines directly abut a frontage road that runs parallel to a major arterial and is separated from the major arterial by a median.
b.
Dwelling is not located within an apartment complex or condominium or similar development.
c.
Property complies with current off-street parking requirements pursuant to Chapter 18.44 and is not a nonconforming dwelling in regards to off-street parking.
d.
Dwelling possesses at least one off-street parking space for customer/client parking with minimum dimensions of nine feet in width by twenty feet in depth provided on a legally permitted driveway or within a legally permitted carport or garage that does not impede any required drive aisles.
e.
A maximum of one customer/client may receive on-premises consultation at any one time. A family unit, such as a parent and one or more children, is considered one client or customer for purposes of this restriction.
f.
On-premises consultation shall be restricted to services typically rendered within a business office.
g.
On-premises consultation shall be permitted between the hours of seven a.m. to seven p.m.
D.
All operations of a home occupation shall be conducted entirely within the inside of a dwelling and shall not exceed the use of more than fifteen percent of the ground floor building area in which it is located. Furthermore, no area outside the dwelling shall be used for the home occupation in any manner whatsoever, except for one six thousand pound vehicle used in connection with the operation of the home occupation required to be completely stored in the garage and for one off-street parking space pursuant to subsection (C)(1)(d).
E.
No interior or exterior alterations or remodeling of any type whatsoever shall be permitted in connection with a home occupation.
F.
All operations of a home occupation shall comply with the noise compatibility guidelines set forth within the Noise Element of the city of Pico Rivera's General Plan.
(Prior code § 9213.04(F); Ord. 830 § 16, 1993; Ord. 1102 § 7, 2016)
§ 18.52.200 Cottage food operation.
A "cottage food operation," as that term is defined in California Health and Safety Code Section 113758(a), as may be amended from time to time, is permitted in the zones enumerated in Section 18.40.040(C)(1) subject to the procedures and requirements of this article.
A.
An application shall be filed on a form prescribed by the city and shall include, but not be limited to, the following:
1.
The applicant name, household member names and address. Name, address and contact information for the property owner, landlord, homeowners' association or management company, as well as the signature to consenting to the use;
2.
A copy of the "Self Certification Checklist" registration for a Class A operation or a Class B permit issued by the Los Angeles County department of public health environmental health division;
3.
Name of each individual involved and/or employed, whether they are a family member of the operator and the number of vehicles registered to the address and license plate number;
4.
Statement of whether the proposed use will involve "direct sales" known as a Class A Permit or "indirect sales" known as a Class B Permit as those terms are defined in the California Health and Safety Code Section 113758(b) as may be amended;
5.
Frequency of loading and deliveries and anticipated consumer or third party retailer visits to the subject residence;
6.
A scaled site plan showing: (a) location of all the structures on-site, (b) all vehicle parking spaces for the home or complex, (c) all delivery and/or loading areas, (d) the location of streets and property lines, driveway, pedestrian walkways, etc.;
7.
A scaled floor plan showing: (a) all rooms for structures on-site, (b) areas registered and/or permitted by Los Angeles County department of public health environmental health division for cottage food preparation, packaging and related exclusive storage, (c) all doors and exits, (d) location of fire extinguishers, etc.;
8.
Applicant shall pay a processing fee as established by resolution of the city council.
B.
Action of Zoning Administrator. Within sixty days after submittal of a complete application and fee as required by this section the zoning administrator shall approve, approve in modified form, or deny the application in compliance with the authority and requirements set forth in California Government Code Section 51035, as may be amended from time to time. The zoning administrator shall grant the cottage food operations permit if the proposed cottage food operation, as applied for or as modified, complies with the standards set forth in this article. Notwithstanding the foregoing, the zoning administrator, in his or her discretion may condition approval of the use upon the cottage food operation's compliance with any additional reasonable standards related to spacing and concentration, traffic control, parking or noise which the zoning administrator, in his or her sole discretion, deems necessary to mitigate the impact of the proposed use on the surrounding residential neighborhood. The decision of the zoning administrator shall be in writing and supported by reasonable findings. Any action of the zoning administrator may be appealed to the planning commission pursuant to Chapter 18.64 of this code.
(Ord. 1085 § 4, 2014)
§ 18.52.202 Cottage food operation standards.
A.
Cottage food operations must meet the following requirements:
1.
The applicant must be the "cottage food operator," as that term is defined in California Health and Safety Code Section 113758(b) as may be amended from time to time.
2.
Cottage food operations shall not be located within one thousand feet of the property line of another cottage food operation or located within the same building, apartment complex or other multifamily housing development.
3.
Only one cottage food operation occupancy permit is permitted by address.
4.
The cottage food operation permit may not be transferred, assigned or used by any person other than the permittee, used at any location other than the one for which the permit is granted.
5.
Traffic Control.
a.
Parking.
i.
For single-family homes, parking spaces in the property's garage or carport and driveway must be available for the actual parking demand created by the use, including parking spaces for the household member's vehicles and a parking space for an employee if an employee is present.
ii.
For multifamily developments, the cottage food operator's designated space(s) must be available for the actual parking demand created by the use, including parking spaces for the household member's vehicles and a parking space for an employee if an employee is present. On-site parking in an apartment complex or other multifamily residence requires written consent from all of the following that apply: the property owner, landlord, homeowners association or property manager.
iii.
The cottage food operation shall not result in any appreciable increase in traffic, pedestrian or vehicular.
b.
The cottage food operator shall only allow vehicular delivery or loading related to the cottage food operation between the hours of eight a.m. and seven p.m. and indicate where on-site loading and deliveries will be made. For multifamily developments, the cottage food operator must obtain written consent from all of the following that apply: the property owner, landlord, homeowners association or property manager.
c.
The cottage food operator shall not allow any vehicle making a delivery, being loaded, or being used by consumers or third party retailers in relation to the cottage food operation to block or impede the public right-of-way, a vehicular drive aisle or idle at any time.
d.
Visitation to the residence containing the cottage food operation for the purpose of direct or indirect sales is limited to the hours of eight a.m. to five p.m., Monday through Saturday.
e.
Visitors shall not be allowed to queue or wait outside of the residence containing the cottage food operation at any time, either on foot or in vehicles.
6.
Outdoor sales at the residence containing the cottage food operation are prohibited.
7.
Cottage food operations shall not create noise levels in excess of those allowed in Chapter 8.40 of the Pico Rivera Municipal Code and the Pico Rivera general plan.
8.
The cottage food operation shall conform to all applicable federal, state, and municipal laws and regulations applicable to the residential area in which the cottage food operation is located.
9.
The cottage food operator shall not employ more than one full- or part-time employee other than a family household member.
10.
External use of material or equipment not recognized as being part of the normal practices in the residential zone are prohibited.
11.
Equipment which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses are prohibited.
12.
On-site advertising is prohibited.
13.
Operations shall not exceed the use of more than fifteen percent of the ground floor building area in which it is located or that area as permitted by the Los Angeles County department of public health environmental health division, whichever is greater.
14.
The area outside the dwelling shall not be used for the operation in any manner whatsoever, except for one six thousand pound vehicle used in connection with the operation of the home occupation required to be completely stored in the garage.
15.
On-site dining or tasting events for customers are prohibited.
16.
Cottage food operations must comply with the restrictions on gross annual sales as set forth in California Health and Safety Code Section 113758. In year 2014 sales cannot exceed forty-five thousand dollars and for 2015 and beyond, sales cannot exceed fifty thousand dollars. Should at any time sales exceed the maximum, the permit shall be void and sales may no longer be conducted at the property.
17.
Cottage food operators must at all times maintain applicable tax returns or other proof of gross annual income.
18.
A cottage food operation shall obtain and renew as required, an operating permit with the Los Angeles department of public health environmental health division.
19.
Trash production shall not exceed that which otherwise is produced by normal residential activities.
20.
Cottage food operators shall not conduct sales in an attached garage, detached accessory structure or outside of the dwelling.
(Ord. 1085 § 4, 2014)
§ 18.52.204 Inspection.
Per the California Health and Safety Code Section 114365, an initial and no more than one annual inspection may be conducted for a Class B operator that conducts indirect sales. A Class A operator shall not be subject to initial or routine inspections. An inspection may be conducted for any cottage food operation on the basis of a consumer complaint, reason to suspect that adulterated or otherwise unsafe food has been produced by the cottage food operation or that the cottage food operation is in violation.
(Ord. 1085 § 4, 2014)
§ 18.52.206 Permit revocable.
A permit to operate a cottage food operation obtained under this section is revocable at any time by the zoning administrator if any of the following conditions exist:
A.
That the condition of the cottage food operation permit or provision for this chapter has been violated.
B.
That the cottage food operation has become detrimental to the public health or safety, or constitutes a nuisance as designated in Chapter 8.16 of this code.
C.
That the permit was obtained in a fraudulent manner.
D.
That the cottage food operation no longer maintains a valid Class A or Class B permit.
The zoning administrator shall provide the permit holder with at least ten days' prior written notice of the grounds for the proposed revocation. Within ten days of receipt of the notice of revocation the permit holder may request a hearing before the zoning administrator to contest the revocation of the permit. Upon the receipt of a request for hearing, the zoning administrator shall schedule a hearing with the permit holder within a reasonable time. Within fifteen days after the hearing the zoning administrator shall issue a written decision to the permit holder. The decision shall be supported by findings. |
(Ord. 1085 § 4, 2014)
§ 18.52.208 Appeals.
Appeals. Any final action of the zoning administrator made under this article may be appealed pursuant to Chapter 18.64 of the Pico Rivera Municipal Code.
(Ord. 1085 § 4, 2014)