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A. Purpose and Applicability. The provisions set forth in this section are intended to allow the conduct of businesses in residential dwellings which are incidental to and compatible with surrounding residential uses, and includes the definition of “live/work.”

B. Permit Required.

1. The conduct of a home occupation requires the approval of a home occupation permit by the director, who may establish additional conditions to further the intent of this section. A permit is required when a person does business in his/her home, uses his/her home address as a business address on business licenses and tax certificates, or uses his/her phone as a business phone. Home occupations may be conducted from dwellings located in residential zones or from dwellings located in commercial zones where dwellings are an allowed or conditionally allowed use. Home occupation permits are not required for employees telecommuting.

2. Upon receipt of a completed application for a home occupation use, a public notice shall be posted at the site of each proposed home occupation as required for a director’s action, Chapter 17.108 (Director’s Action). If any person informs the community development department of a question or objection concerning the proposed home occupation that cannot be satisfactorily resolved within five days of the posting, the director shall schedule a hearing for the application, as provided for in Chapter 17.110 (Minor Use Permits and Conditional Use Permits). If no questions or objections are received by the community development department within five days after posting, the director may issue the permit upon submission of all required information and without further notice or public hearing.

3. State-licensed small-family child day care operations for six or fewer children are exempt from home occupation regulations (see State Health and Safety Code Section 1529.5).

4. The provisions in this section shall apply to cottage food operations, as defined by Section 113758 of the State Health and Safety Code and subject to prior issuance of a permit for a cottage food operation from the county health agency, as required by Health and Safety Code Section 114365.

C. General Requirements.

1. Home occupations shall not have characteristics which would reduce residents’ enjoyment of their neighborhoods. The peace and quiet of residential areas shall be maintained.

2. A home occupation use shall not allow any clients or customers without prior appointments and shall not allow more than six appointments or clients in any one day.

3. Businesses with customer access shall maintain at least one on-site customer parking space in addition to the required residential parking. For the purposes of this section only, parking in a driveway that has a minimum depth of twenty feet from the back of sidewalk and is made available to customers during business hours of operation shall meet the definition of a parking space.

4. Activities shall be conducted entirely within the dwelling unit or an enclosed accessory building. The appearance of all buildings shall be residential in nature. Horticultural activities may be conducted outdoors.

5. Sales and rental activities may be conducted on premises; provided, that storage and display area shall not occupy more than five hundred square feet of the principal building and any permitted accessory structure.

6. There shall be no advertising of the home occupation by street address, except that street addresses may be included on business cards and business correspondence originating from the home.

7. For a home occupation use in a residential zone, no vehicle larger than a van or longer than twenty feet may be used in connection with a home occupation. A marked commercial vehicle used in conjunction with the occupation shall have no more than two square feet of advertising. Licensed vehicles and trailers used in connection with a home occupation are limited to one additional vehicle and/or trailer.

8. The home occupation use and associated activities shall not encroach on any required parking, setback area, or open space area.

9. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifications of the premises, nor use utilities in amounts greater than normally provided for residential use.

10. No use shall create or cause noise, dust, vibration, smell, smoke, glare, electrical interference, or other hazard or nuisance.

11. No more than one employee other than residents of the dwelling shall be allowed to work on site within a residential district, and no more than two employees within a nonresidential district. Babysitters or domestic servants are not considered employees of a home occupation.

12. Clients or customers shall not visit the home occupation between the hours of eight p.m. and seven a.m.

13. If the home occupation is to be conducted from rental property, the property owner’s authorization for the proposed use shall be obtained.

14. No delivery or commercial pick-up shall be by vehicles larger than a typical delivery van (FedEx, UPS, etc.).

D. Prohibited Uses. The following uses by their operation or nature may interfere with residential welfare and diminish the convenience intended for commercial zones, and therefore shall not be allowed as home occupations:

1. Automotive repair (body or mechanical), or detailing, upholstery or painting of automobiles, when performed on the same site as the home occupation.

2. Carpentry or cabinet making.

3. Welding or machining.

4. Medical offices, clinics, and laboratories, except that counseling is allowed when no more than one client visit or group session is held at one time.

5. Appliance, radio, or television repair.

6. Print shops or photograph development; digital photo production is allowed.

7. Gun or ammunition sales, including off-site work and by mail order.

8. Any other activity or use, as determined by the director to not be compatible with residential activities and/or to have the possibility of affecting the health or safety of residents, because of the potential for the use to create dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous because of materials, processes, products, or wastes. (Ord. 1650 § 3 (Exh. B), 2018)