HomeMy WebLinkAbout72 - Ordinances ORDINANCE NO. 72
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PANCHO
CUCAMONGA, CALIFORNIA, REPEALING SECTION 61.024A(b)(3),
~NDING SECTION 61.022, AND ADDING SECTION 61.0219 (a)
(9) OF THE SAN BERNARDINO COUNTY CODE TO PROVIDE FOR
THE REGUALTION OF HOME OCCUPATIONS.
The City Council of the City of Rancho Cucamonga, California does ordain
as follows:
SECTION t: That portion of Section 61.022 of the San Bernardino
County Code which defines "Home Occupation" is hereby amended to read as
follows:
"Home Occupation". An accessory occupational use conducted by
a resident of a dwelling as a secondary use thereof, which is
conducted entirely within a dwelling by the inhabitants thereof,
which use is clearly incidental to the use of the structure
for dwelling purposes and which does not change the character
thereof, and for which there is no display, no stock-in-trade,
no commodity sold on the premises and no med~nical equipment
used except that necessary for housekeeping purposes and which
use meets the following conditions:
1. The use of the dwelling for such home occupation shall be
clearly incidental and subordinate to tis use for residential
purposes by its inhabitants.
2. No persons other than members of the family who reside on
the premises, shall be engaged in such activity.
3. There shall be no change in the outward appearance of the
building or premises, or other visible evidence of the
activity.
4. There shall be no sales of products on the premises.
5. The use shall not allow customers or clientele to visit
dwellings. However, incidental uses such as music lessons,
may be permitted if the iDtensity of such instructions is
approved by the Director 6f Community Development.
6. No equipment or processes shall be used on the subject
property which creates noise, smoke, glare, fumes, odor,
vibration, electrical, radio or television interference
disruptive to surrounding properties.
7. No home occupation shall be conducted in an accessory
building. Normal use of the garage may be permitted if
such use does not obstruct required parking.
8. Not more than 15% of the total square footage for the
dwelling shall be used for the home occupation.
9. The use shall not involve storaKe of materials or supplies
in an accessory building or outside any structures.
10. Use of the United States Postal Service in conjunction
with the home occupation shall be done by means of a post
office box.
11. No signs shall be displayed in conjunction with the home
occupation and there shall be no advertising using the
home address.
12. A home occupation permit is not valid until a current
City business license is obtained.
Pag~ 2
13. The use shall not involve the use of commercial vehicles
for delivery of materials to or from the premises, other
than a vehicle not to exceed a capactiy of 3/4 ton, owned
by the operator of such home occupation which shall be
stored in an entirely enclosed garage.
14. If an applicant is not the owner of the property where a
home occupation is to be conducted, then a signed statement
from the owner approving such use of the dwelling must be
submitted with the application.
SECTION 2: Section 6102&A(b)(3) of the San Bernardino County
Code is hereby repealed.
SECTION 3: Section 61.0219(a)(9) of the San Bernardino County
Code is hereby added to read as follows:
"Section 61.0219(a)(9) - HO~E OCCUPATION PERWITS
A. Home occupations, as defined in Section 61.022, may
be permitted on any property used for residential
purposes upon approval of the Director of Community
Development based on the following conditions:
1. The use of the dwelling for such home occupation
shall be clearly incidental and subordinate to
its use for residential purposes by its inhabitants.
2. No persons, other than members of the family
who reside on the premises, shall be engaged in
such activity.
3. There shall be no change in the outward appear-
ance of the building or premises, or other
visible evidence of the activity.
4. There shall be no sales of products on the
premises.
5. The use shall not allow customers or clientele
to visit dwellings. However, incidental uses
such as music lessons, may be permitted if the
intensity of such instruction is approved by
the Director of Community Development.
6. No equipment or processes shall be used on the
subject property which creates ~oise, smoke,
glare, fumes, odor, vibration, electrical,
radio or television interference disruptive to
surrounding properties.
7. No home occupation shall be conducted in an
accessory building. Normal use of the garage
may be permitted if such use does not obstruct
required parking.
8. Not more than 15% of the total square footage
of the dwelling or one room of the dwelling,
which ever is less, shall be used for the home
occupation.
9. The use shall not involve storage of materials
or supplies in an accessory building or outside
any structures.
Ordinance No. 72
Page 3
10. Use of the United States Postal Service in
conjunction with the home occupation shall be
done by means of a post office box.
11. No signs shall be displayed in conjunction with
the home occupation and there shall be no
advertising using the home address.
12. A home occupation permit is not valid until
a current City business license is obtained.
13. The use shall not involve the use of commercial
vehicles for delivery of materials to or from
the premises, other than a vehicle not to
exceed a capactiy of 3/4 ton, owned by the
operator of such home occupation which shall
be stored in an entirely enclosed garage.
14. If an applicant is not the owner of the property
where a home occupation is to be conducted,
then a signed statement from the owner approving
such use of the dwelling must be submitted
with the application.
B. Procedure for Approval:
Upon acceptance of a home occupation application and
fee, as specified in the Fee Resolution, the Director
of Community Development or his designated represen-
tative shall review the request for compliance
with the above conditions. Within 5 days from the
submittal of the application, staff shall post
a Notice of Request for a Home Occupation Permit
on the subject property and send a copy of the
request to all adjacent property owners for public
review and input. Following a ten (10) day review
period, the Director of Community Develppment
shall render a decision. The decision shall
clearly state reasons for approval or denial based
upon the above findings. The decision of the
Director shall be final unless appealed to the
Planning Commission within ten (10) days from
his decision. Upon receiving approval from the
Director of Community Development or his delegate
for a home occupation, the applicant shall immediately
make application for a City Business License.
City business licenses expire on a yearly basis. If
the business license is not renewed within thirty (30)
days after expiration, then the home occupation permit
shall become null and void.
C. Appeal Procedure:
Any applicant for a home occupation permit or any
person aggrieved by the decision of the Director of
Community Development to approve or deny a request
for a home occupation permit shall have ten (10)
days from the date of the decision to appeal in
writing the decision to the Planning Commission.
Said appeal shall indicate wherein the decision of the
Director was at variance with the required findings
as stated in this Section. Any person subsequently
aggrieved by a decision of the Planning Commission
relating to the home occupation permit may appeal
said decision in writing to the City Council as
provided for above.
Page
SECTION 4: The Mayor shall sign this Ordinance and the City
Clerk shall attest to the same, and the City Clerk shall cause the same
to be published within fifteen (15) days after its passage, at least
once in The Daily Report, a newspaper of general circulation, published
in the City of Ontario, California, and circulated in the City of Rancho
Cucamonga, California.
PASSED, APPROVED,and ADOPTED this 18th day of April, 1979.
AYES: Mikels, Palombo, West, Frost.
NOES: None
ABSENT: Schlosser
ATTEST