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159 ORDINANCE NO. 159 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ADOPTING AMENDMENT, Z-95-03, AND ASSOCIATED NEGATIVE E-95-07, FOR . AMENDMENT TO THE MUNICIPAL CODE, CHAPTER 5.06, HOME OCCUPATION PERMIT PROCEDURES AND CRITERIA. RECITALS WHEREAS, at its meeting of June 1, 1995 the Planning Commission discussed the issue, and at the public hearings of June 15, 1995, July 6, 1995 and August 3, 1995 the Planning Commission reviewed and recommended approval of the Municipal Code Amendment for purposes of relaxing restrictions on sub-contractors and also to prohibit Home Occupations which have negative impact on the environment. WHEREAS, Home Occupations in the residential communities have increased in numbers and types; and more focus is being placed on telebusiness from the home for employees of major firms, municipalities or office oriented businesses working from .their homes. The State of California has also been pursuing changes to Home Occupation Permit allowances on giving - more flexibility in the overall requirements to allow more employees to work out of their homes; thus supporting small entrepreneurs; and WHEREAS, the City has a Trip Reduction Ordinance which encourages telecommuting; and WHEREAS, current City Home Occupation Permit regulations are strict in prohibiting businesses with employees, whether or not the employees(sub-contractors/sub-consultants)come to the home or not; and WHEREAS, some small family landscaping businesses and/or similar Home Occupations, that do not have their employees going to the house but meet at the job site are not allowed to legally operate in the City due to current Home Occupation Permit regulations; and WHEREAS, car repair and other similar types of Home Occupations have negatively impacted "neighborhoods and therefore should be prohibited; and WHEREAS, as ultimately this amendment is providing more flexibility ,to small businesses while protecting the character of the neighborhoods. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: _., 1 Chapter 5.06 shall be amended to read: Chapter 5.06 HOME OCCUPATION PERMITS Sections: 5.06.010 Purpose. 5.06.010a Home Occupations Permitted. 5.06.O10b Home Occupations Prohibited. 5.06.O10c Definitions 5.06.020 Code enforcement officer--Duties. 5.06.030 Procedure. 5.06.040 Criteria for approval. 5.06.050 Evaluation and notice. 5.06.060 Decision to approve or deny. 5.06.070 Noncompliance with conditions 5.06.080 Appeals. 5.06.010 Purpose. Home occupation permits are intended to provide for "commercial uses" associated with a residence in those cases where that use will clearly not alter the character or the appearance of the residential environment. (Ord. 105 1(part), 1986). "Commercial uses" referred to in this context consist of those home "businesses" for which a ,City Business License is required (please refer to Grand Terrace Municipal Code Title 5, Chapter 5.04 on business license taxes § 5.04.020, 5.04.040 and 5.04.080). City business licenses are, required for businesses with gross receipts greater than $1,000 per year. Telecommuters do not require business license. Business owners having the house as a second location are subject to business license, provided the second location is an office with stationary with a different address, direct telephone line, office equipment and accounting functions. 5.06.010a Home Occupations Permitted. The following home occupations shall be permitted provided they do not violate any of the provisions of Section 5.06 of this article: a) Office uses, such as contracting and consulting, when the residence is used for purposes of receiving mail, telephone calls and bookkeeping; b) Crafts and hobby uses, such as photography, artwork and home crafts; c) Services, such as gardening, janitorial, typing and day care; d) Off-premises sales and vending, such as import/export, product distribution and swap meet vendors; FOR OFFICE PURPOSES ONLY. e) Office uses for professional occupations, such as real estate, insurance, law and 2 medical, when the residence is used only for bookkeeping and all business activities with personal contact with clients and or patients are done at different ' location. f) Other similar nature businesses found compatible with the residential character of the neighborhood as determined by the Community Development Director. 5.06.O10h Home Occupations Prohibited. The following home occupations are expressly prohibited in any residential zone; a) Beauty shops, massage parlors, private clubs, dance studios and dating services; b) The repair or construction of motor vehicles and appliances, machine shops and cabinet shops; c) On-premises sales and vending; and d) Art and music classes. 5.06.O10c Definitions. Type I HOP - Home occupations with no employees, sub-contractors or sub- consultants. Type II HOP - Home Occupation with employees, sub-contractors and/or sub- consultants who do not work in the authorized premise. 5.06.020 Community Development Director or his/her designee -- Duties. The Community Development Director or his/her designee shall review and act upon requests for home occupation permits. (Ord. 105 1(part), 1986). 5.06.030 Application. Items to be submitted for a Home Occupation Permit shall include all information appropriate to evaluate application and its potential impact on the neighborhood as prescribed by the Community Development Director. Application to contain certification that applicant follows requirements ort,conditions of approval of permit. 5.06.040 Criteria for Approval. Prior to approving a request for a Home Occupation Permit, the Community Development Director or his/her designee shall find that the proposed use meets the following criteria: A. Only those members of the household who also reside on the premises may perform work at the subject Home Occupation premises. Non-residents associated with the subject HOP may not perform any duties or services on the premises subject to the Home Occupation Permit. B. There shall be no direct sales of products or merchandise. C. Pedestrian and vehicular traffic will be limited to that normally associated with residential districts, within the Vehicle Policy criteria formally adopted by the Planning Commission. 3 D. The Home Occupation shall not involve the use of commercial vehicles for the delivery of materials to or from the.premises beyond those commercial vehicles normally associated with residential uses or allowed within the Vehicle Policy for -'` Home Occupations. E. Up to twenty-five percent of the living space or two hundred fifty square feet, whichever is greater, of the residence may be used for storage of materials and supplies related to the home occupation. F. There shall be no outdoor storage of materials or equipment, nor shall merchandise be visible from outside the residence. G. The home occupation shall be confined within the main residential building. A detached garage shall be considered as part of the main residential building. H. The appearance of the structure shall not be altered nor shall the occupation within the residence be conducted in a manner which shall cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emission of sounds, noises and vibrations. I. The use of utilities and community facilities shall be limited to that normally associated with the use of the property for residential purposes. J. There shall be no public advertising of the business address which is the subject of a home occupation permit. Only the services provided and phone number can be subject of advertising. In case applicant desires to include the HOP mailing address in his/her advertisement it may not include the physical address of HOP. A post office box or other mail collection system shall be used instead. Advertising signs on the subject property shall be prohibited. K. Type II HOPs shall be re-evaluated at the end of the first year of operation. No further fee is required. In the event that the Community Development Director or his/her designee determines, based upon evidence presented, and after hearing with the Permittee, that there are significant negative impacts on the neighborhood, the Home Occupation Permit shall be revoked. L. Community Development.Director may add other criteria according to specific circumstances to avoid potential negative impacts in the neighborhood. 5.06.050 Evaluation and Notice. If the Community Development Director or his/her designee finds that the proposed use does not meet the criteria set forth in this chapter, the permit request shall be denied. If the proposed use does meet the aforementioned criteria, notice shall be given to all owners of contiguous property, making them aware of the character and scope of the proposed use and requesting their comments: 4 A. "Contiguous property", for the purposes of this chapter, is defined as those properties which touch property lines of any parcel that is the subject of a request for a home occupation permit, including those properties which touch the property lines of the subject parcel when projected across public or private rights-of-way or easements. B. Notice shall be given by first class mail or delivery to all contiguous property owners for home occupation permits. C. Notice may be given in such other manner as is deemed necessary or desirable by the Community Development Director in order to achieve sufficient notice. D. Notice shall include all necessary information to give those receiving the notice a reasonable opportunity to evaluate the implications of the proposal and to participate in the decision-making process. 5.06.060 Decision to Approve or Deny_ Fourteen days after giving notice to contiguous property owners, the Community Development.Director or his/her designee shall review the initial findings and notify the Applicant and contiguous property owners of his/her decision. 5.06.070 Noncompliance with conditions. The Community Development Director or his/her designee may revoke any home occupation permit for noncompliance with the conditions set forth in approving the permit, and shall give notice of such action to the Permittee. 5.06.080 Appeals. The decision of the Community Development Director or his/her designee may be appealed by the Applicant/or Permittee or affected property owner to the Planning Commission. Such an appeal shall be filed with the Community Development Department within ten(10) days after notice of the decision to deny or grant the application for the Home Occupation Permit or revoke an existing Home Occupation Permit. Upon the receipt of such an appeal, the Community Development Director shall place the matter for consideration on the Planning Commission agenda of the next regular meeting of the Planning Commission. The Commission shall either approve the application with conditions or deny the application based on its findings. The decision of the Planning Commission shall be final. 5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, r . CALIFORNIA DOES FURTHER ORDAIN AS FOLLOWS: Section 1: Effective Date: This Ordinance shall be in full force and effect at 12:01 a.m. on the 31st day of its adoption. Section 2: Posting: The City Clerk shall cause this Ordinance to be posted in three (3) public places within fifteen(15) days of its adoption, as designated for such purpose by the City Council. Section 3: First read at a regular meeting of the City Council of said City held on the 12th day of October, 1995-and finally adopted and ordered posted at a regular meeting of,said City Council on the 26th of October, 1995. ATTEST: 0t__ City Clerk of the City of drand Terrace May of the City of Grand Terrace and of.the City Council thereof an f the City Council thereof 6 I, BRENDA STANFILL, City Clerk of the City of Grand Terrace, California, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 26th day of October , 1995, by the following vote: AYES: Councilmembers Hilkey, Singley, and Buchanan; Mayor Pro Tem Carlstrom; Mayor Matteson NOES: None ABSENT: None ABSTAIN: None Brenda Stanfill, = City Clerk Approved as to form: John Harper, City Attorney c:\wp51\planning\zc\9503.cc3 7