Loading...
Ordinance Number 6875., ORDINANCE NO. 687 REVISING HOME OCCUPATION REGULATIONS AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REVISING SECTION 9-3.611 ENTITLED "HOME OCCUPATION' OF TITLE 9 "LAND USE" OF THE MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Code Amendment. Municipal Code Section 9-3.611 entitled "Home Occupation," is hereby revised to read as follows: "Section 9-3.611, Regulations of Home Occupation Uses. A. Intent and Purpose. The purpose of this section is to provide for the conduct of home occupations in such a manner as to be compatible with and not disrupt residential neighborhoods. In order to minimize potential interference with the intended residential use of the property, businesses conducted as home occupations will be reviewed on an individual basis to ensure compatibility with and avoid any impact on the residential quality of life and property values within the zone. Any use which has the significant potential to impact that quality of life or change the character of the area shall not be permitted, and any use which does not conduct its operation within these regulations shall be subject to revocation. Definition. Home occupations are business uses conducted in a residential zone in accordance with a home occupation permit where the use is clearly ancillary to the residential use of the property. C. Permit Required. No person shall conduct any home occupation use without first securing a home occupation permit. A home occupation use is permitted as an accessory use to a residential use provided it is conducted in compliance with the regulations set forth in this article and that a permit has been obtained and remains in effect in accordance with this article, and that a business license required under Title 3 of the Municipal Code has been obtained. D. Specific Regulations Governing Home Occupation Uses. No person shall conduct any home occupation use in violation of any of the following regulations: I . 1. There shall be no signs or devices identifying or advertising the home occupation use. 2. Sales activity of merchandise shall not be distributed at the residence. 3. There shall be no storage of equipment, material, or display outside of any fully -enclosed structures, except that maintained on a vehicle permitted by this section. 4. Nothing associated with the home occupation use shall alter the residential character of the subject property or nearby residential properties. 5. There shall be no activity which involves business related meetings or gathering of any kind such as may generate increased pedestrian or vehicular ,_raffic, parking congestion, noise or disturbances beyond that vt;ich is normal to residential uses. 6. There shall be no use of any mechanical equipment, appliance, or motor outside of an enclosed building or which generates noise detectable from outside the building in which it is located. 7. Only one home occupation permit will be issued per residential property. Several individual business licenses for separate activities may be issued, provided each licensed use complies with all other restrictions of this section. 8. There shall be no employee workers other than resident family members conducting business at the residence, except for one employee providing service support to the business, including but not limited to, services such as accounting and clerical. 9. There shall be no dispatching of persons or equipment originating from the subject;_.roperty. 10. Not more than one (l) commercial vehicle identifying the business use conducted as a home occupation and used or maintained in connection with the home occupation for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property, except as provided in Section 260 of the California Vehicle Code, may be parked overnight outside of an enclosed garage at the residence. No vehicle with a gross weight of six thousand pounds or greater or exceeding the following size dimensions: a wheelbase of 168", height not to exceed nine (9) feet, and an overall width of seven (7) feet, including side view mirrors and an overall length with accessory trailer of 25 feet shall be parked overnight at the residence. 11. Home occupation activities shall not involve the use of more than one room, or 400 square feet of a dwelling, whichever is more restrictive, and no garage space shall be used for the conduct of any home occupation which interferes with the use of such space -2- for parking of vehicles, if such use for parking of vehicles is necessary to satisfy the off-street parking requirements of the Municipal Code. E. Application for and Issuance of Permits for Home Occupation Uses. No person shall conduct a home occupation use without having first obtained a home occupation permit from the Department of Planning. Applications for such permit shall be filed by the applicant with the Department on such forms as may be provided by the City and shall be accompanied by such filing fee as may be set by resolution of the City Council. The application shall provide such information and documentation as the Director of Planning shall determine to be appropriate. The Director of Planning shall issue the home occupation permit if it is determined that the home occupation use will be conducted in accordance with this section and will not adversely affect the residential character of the subject property or nearby residential properties; otherwise, the application shall be denied. The permit, if granted, shall specifically identify the occupant as permittee and describe the nature of the home occupation use thereby allowed. Home occupation permits shall not be transferable by the designated permittee to any other person. F. Home Occupation Uses in Private Communities. A home occupation permit shall not be granted to any person living in any community administered by a homeowners' association and legally - constituted CC&Rs, enforced by an elected board of directors, unless the said board of directors has taken formal action on the application. Any such applicant shall disclose on his application form whether said action has been obtained from the board of directors. Written proof of said action shall be submitted with the application. G. Exceptions. If a Home Occupation Use Application does not meet all of the criteria of this section, the Director of Planning may nevertheless grant the permit if the following findings and procedures are followed: A finding is made that the establishment, maintenance and/or conducting of the use for which home occupation permit is sought under such conditions to use as may be deemed necessary will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and convenience or welfare of the persons residing or working in or adjacent to the neighborhood of such use, and will not, under the circumstances of the particular case, be detrimental to the public welfare or injurious to the property or neighbors in such neighborhood. 2. Personal service uses involving the instruction or tutoring of an individual may be allowed subject to approval by the Director of Planning if the use is in keeping with the stated intent of the -3- 1421 section and not determined to be potentially detrimental to adjci .:ng uses. Special conditions may be attached including hours of operation to help minimize any potential conflicts. 3. Under no circumstances shall the home occupation permit be issued to authorize the following uses: (a) The repair, manufacture, processing or alteration of goods, materials or objects, with the exception of dressmaking, tailoring, and the manufacturing of arts and crafts items intended for off -premises sale where no equipment or process is used which creates an adverse impact on the neighborhood. (b) Any use involving food handling, processing or packing which creates an adverse impact on the neighborhood. (c) Harboring, training or raising dogs, cats, b :.s, horses or other animals for commercial purposes. (d) Automobile and/or body and fender or boat repairing. 4. The Director may impose conditions as deemed necessary to protect the best interests of the surrounding area or neighborhood in line with the standards set forth above and with the General Plan. H. Revocation of Home Occupation Permit. The zoning Administrator may revoke a home occupation permit after notice and an opportunity to be heard by the permittee upon his determination that the home occupation is being conducted contrary to the regulations set forth in this section or in a manner which adversely affects the residential character of the subject property or nearby residential properties, or the health, welfare or safety of neighboring residents. I. Appeals from Denial or Revocation of Home Occupation Permit. An appeal may be taken from a denial of a home occupation permit or revocation of a home occupation permit within 10 days following such decision by filing an appeal directly with the Secretary to the City's Planning Commission. The Planning Commission shall be guided by the same criteria of subsection "D" in conducting its hearing. The Planning Commission shall issue written findings in support of its decision. Its decision shall be final and binding. J. Termination of Home Occupation Uses as Non -Conforming Uses. 1. Removal Within 60 Days. Any existing home occupation use in existence prior to the effective date of this ordinance which is non -conforming to the regulations of Section 9-3.611 are hereby deemed to be a public -4- passage. nuisance and shall be removed by the occupant within an amortization period of 60 days from enactment of this ordinance. 2. Extensions. The Zoning Administrator may grant an exception to the above - stated maximum period of time for removing the home occupation use by granting an additional permit of time for removal; however, the extension of time shall not be greater than the time necessary to amortize documented expenditures directly associated with the home occupation use under applicable criteria of the Internal Revenue Code. The permittee shall have the burden of presenting creditable information to support the request. The decision of the Zoning Administrator shall be final and binding." SECTION 2. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its SECTION 3. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption is required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a " -d copy of the text of this Ordinance shall be posted in the Office of the City live (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. 1991. PASSED, APPROVED, AND ADOPTED this 4th day of June KENNETH E. FRIESS, MAYOR ATTEST: -5- ,AAA STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 687 which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on May 21 , 1991, and adopted at a meeting held on June 4 , 1991, by the following vote: AYES: Councilmen Jones, Hausdorfer and Mayor Friess NOES: Councilman Vasquez ABSTAIN: Councilman Buchheim ABSENT: None (SEAL) C RYL JO SOW, CITY CLERK M