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Wednesday, December 2, 2009

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  Home Occupations

A home occupation is a business or commercial activity which is conducted from a single family attached or detached dwelling, duplex, apartment, or mobilehome and is clearly incidental to the residential use of the dwelling. A Planning Permit is not required for Home Occupations. However, all home occupations must conform to criteria set forth in the Municipal Code.

Home Occupation Criteria

In order to ensure that residential neighborhoods are not adversely affected by home occupations, every home occupation must meet the following criteria:

Clients: Only two clients are permitted in the dwelling at one time.

Employees: Only occupants of the dwelling may be employees or unpaid volunteers of the home occupation.

Environment: Obnoxious odors, vibrations, glare, fumes, dust, electrical interference or noise shall not be detectable outside the dwelling or through the vertical or horizontal common walls of an attached dwelling.

Hours: Clients are permitted at the residence only between the hours of 9 a.m. and 9 p.m.

Vehicles: A maximum of one business vehicle with a manufacturer's gross vehicle weight of less than 10,000 pounds is permitted to be kept, garaged, or stored at the residence.

Signage: Signage must conform to the residential signage requirements set forth in the Municipal Code.

Location: Home occupations, including storage, are permitted in the dwelling unit. They are also permitted in an attached garage, provided that the required number of covered parking spaces is not displaced. In a detached garage or accessory building, only 100 square feet floor area may be devoted to a home occupation, and the required number of covered parking spaces may not be displaced. Home occupations, including storage, are not permitted in carports or the yard areas.

Manufacture: No manufacture or assembly, other than hand-crafted products, is permitted.

Sales: An order may be filled on the premises if it is placed earlier by a customer using telephone, mail order, or through attendance at a sales party. Although not part of a home occupation, twice-yearly special sales may be held at the residence for the purpose of selling hand-produced goods to invited guests. Such sales are allowed provided that (i) no more than two such sales are allowed in any calendar year; (ii) no such sale is conducted for more than four consecutive days; and (iii) such sales are conducted between the hours of 9 a.m. and 9 p.m.

Other Restrictions

Certain home businesses are not compatible with a residential neighborhood because of their potential for either hazard or nuisance. The following activities are prohibited as home occupations by the Municipal Code:

  • Animal breeding.
  • Appliance repair, other than the repair of small household appliances.
  • Firearm sales and services.
  • Motorized garden tool repair, such as, but not limited to, lawnmowers, chainsaws, and leaf blowers.
  • Massage parlors and the business of arranging massages at an off-site location.
  • Pest control.
  • Upholstery and furniture repair.
  • Food catering.
  • Vehicle-related uses such as, but not limited to, the cleaning, dismantling, embellishment, installation, manufacture, repair or service, sale, lease or rental, and towing of vehicles. The dispatching of vehicles such as limousines, taxicabs and ambulances is allowed as a home occupation.
  • Welding.
  • Any use which requires a Hazardous Materials Permit from the Fire Department.

Is Payment of the Business License Tax Required for a Home Occupation?

Yes, a signed and completed business tax registration form and tax payment are required by the City Treasury Division. The Treasury Division is located in the Development Services Center on the first floor of City Hall. Their phone number is (408) 535-7055.

 

 

 

Last Modified Date: 7/31/2009

 
 

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