§ 21.51.235. Home occupations.

A.

Intent. A home occupation permit is intended for home enterprises that are incidental to the use of the dwelling unit and does not change the principal character or use of the dwelling. The home occupation shall be compatible with surrounding residential uses and not have characteristics associated with the use that would reduce the surrounding residents' enjoyment of their neighborhood. As an ancillary activity to those uses permitted in the applicable residential zone in which the subject site is located, the following home-based businesses may be conducted at the site:

1.

Professional Office Uses. A professional office use is a business whose principal product is information, management or design, including but not limited to, accounting, architecture, artist/talent management and promotion, brokerage, business/financial management, computer programming and software development, consulting, direct sales (incl. internet sales), credit/financial counseling, drafting and illustration, engineering, fashion design, interior decoration and design, legal services, marketing and advertising, property management, and writing and editing. The primary means of contact must be by phone, mail, or other electronic form of communication. A professional office use does not include research requiring the use of hazardous materials and equipment;

2.

Instructional Services Uses. An instructional services use is a business whose principal purpose is to provide cognitive instruction or training, including but not limited to, academic tutoring, musical instrument lessons, dance lessons, sports training, or other similar physical performance training. The maximum number of students at any one time shall be limited to six (6);

3.

Home Craft Uses. A home craft use is a business that results in a tangible product including but not limited to, dressmaking, furniture making, toy making and doll making. Additional uses include artistic products such as sculpting, painting, photography and other similar forms of creative works when such works are produced with the intent of gain or benefit for the participant or another person. Conducting a home craft use does not entitle the owner to sell articles manufactured on-site or in a residential zone.

4.

Cottage Food Operations. A cottage food operation is an enterprise at a private home where low-risk food products are prepared or packaged for sale to consumers. A cottage food operation is subject to all State of California Health and Safety Code regulations (AB 1616 Food Safety: cottage food operations).

B.

Requirements. The following standards shall be complied with at all times:

A home occupation permit shall only be issued when all of the following requirements are met and maintained:

1.

No person other than a resident of the dwelling unit shall be engaged or employed in the home occupation, and the number of residents engaged or employed in the home occupation shall not exceed two (2);

2.

No sign shall be displayed in a manner visible from the outside of the dwelling unit. Vehicles with signs identifying the home occupation shall be parked so that they cannot be seen from the public right-of-way;

3.

No mechanical equipment shall be used except that which is necessarily, customarily, or ordinarily used for household or leisure purposes. Such equipment shall not generate noise higher than the noise standards established for the residential uses;

4.

No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive or other restricted materials shall be used or stored on the site;

5.

There shall be no outside operations, storage or display of materials or projects;

6.

Total storage of materials or products used in the business shall not exceed one hundred twenty-eight (128) cubic feet. There shall be no excessive or unsightly storage of materials or supplies for purposes other than those permitted in the residential district in which it is located. A garage may not be used for operations of the business or storage of materials used in the business and must be maintained for parking of automobiles and similar type vehicles;

7.

The residential appearance of the premises shall not be altered. Creation of a separate entrance to the dwelling or use of an existing entrance exclusively for the business shall not be permitted;

8.

No process shall be used which is hazardous to public health, safety or welfare;

9.

Visitors, customers or deliveries to the dwelling shall not exceed that which normally and reasonably occurs for a residence. Visitors and deliveries shall be limited to not more than two (2) business visitors an hour and eight (8) visitors a day, and not more than two (2) deliveries of products or materials a week;

10.

The home occupation shall not displace or block the use of parking spaces required for the residential use including any business storage in required garage parking areas;

11.

No advertisement shall be placed in any media containing the address of the property;

12.

Not more than two (2) vehicles shall be used in the business. Only one (1) vehicle may be commercially licensed;

13.

When the person conducting the home occupation serves as an agent or intermediary between outside suppliers and outside customers, all articles, except for samples, shall be received, stored and sold directly to customers at an off-premises location;

14.

The home occupation permit shall be valid only for the person to whom it was issued and shall be void when that person moves from the dwelling unit or discontinues the business.

C.

Prohibited Home Occupation Uses. The following uses shall be prohibited as home occupations:

1.

Ambulance service;

2.

Appliance repair;

3.

Automobile repair, parts, sales, upholstery, detailing, washing, service;

4.

Beauty salons and barber shops;

5.

Boardinghouse, bed and breakfast, hotel, time-share unit;

6.

Carpentry, cabinet makers;

7.

Ceramics (kiln of six (6) cubic feet or more);

8.

Churches, religious instruction;

9.

Contractor storage yards;

10.

Food preparation (except cottage food operations per State of California Health and Safety Code regulations (AB 1616 Food Safety; cottage food operations);

11.

Gun sales (including internet) and repair;

12.

Health clubs, gyms, dance studios, aerobic studios, massage;

13.

Limousine or pedicab service;

14.

Medical or dental office;

15.

Mortician, hearse service;

16.

Palm reading, fortunetelling;

17.

Private clubs;

18.

Religious services;

19.

Restaurants, taverns;

20.

Retail sales from site (except direct distribution and internet);

21.

Skin care services;

22.

Tow truck service;

23.

Welding or machine operation;

24.

Upholstery;

25.

Veterinary uses (including care, grooming or boarding);

26.

Any use that requires the use of toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive or other restricted materials;

27.

Any use that is hazardous to public health, safety or welfare;

28.

Any use that changes the residential characteristic of the residence;

29.

Other uses the Planning Administrator determines to be similar to those listed above, or which by their operation or nature are not incidental to or compatible with residential activities.

D.

Any home occupation which becomes a nonconforming use as a result of revisions to applicable provisions of this Title shall either:

1.

Be brought into legal conforming status; or

2.

Be discontinued and removed within three (3) months of becoming a nonconforming use.

( ORD-13-0027 , §§ 1, 2, 2013; ORD-12-0011 , § 1, 2012; Ord. C-7047 § 25, 1992; Ord. C-7032 § 38, 1992; Ord. C-6533 § 1 (part), 1988).

Editor's note

Section 2 of ORD-12-0011 , adopted June 12, 2012 deleted Table 51-2, Home Occupation Uses, in its entirety, which derived from: Ord. C-7607, § 14, 1999; and ORD-06-0044, § 1, 2006.