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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