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HomeMy WebLinkAbout79-04 - Resolutions RESOLUTION NO. 79-04 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING CO~IISSION RECOMMENDING APPROVAL OF ZONING ORDINANCE AMENDMENT NO. 79-02 WHICH RE~EALS SECTIONS 61.024A(b)(3), AMENDS SECTION 61.022 AND ADDS SECTION 61.0219(a) (9). WHEREAS, on the 24th day of January, 1979, the Planning Co=~nission held a duly advertised public hearing pursuant to Section 65854 of the California Government Code. SECTION 1: The Rancho Cucamonga Planning Commission has made the following findings: 1. That such amendment is in conformance with the intent and purpose of the Zoning Ordinance. 2. That such amendment is consistent with the goals and policies of the General Plan. 3. That such amendment will not be detrimental to the public health, safety, and general welfare. 4. That the proposed amendment would not have signi- ficant adverse environmental impacts. SECTION 2: The Rancho Cucamonga Planning Commission has found that this project will not create a significant adverse impact on the environ- ment and has recotmuended issuance of a Negative Declaration on January 24, 1979. NOW, THEREFORE, BE IT RESOLVED, 1. That pursuant to Section 64854 to 65847 of the Cali- fornia Government Code, that the planning Commission of the City of Rancho Cucamonga hereby recommends approval on the 24th day of January, 1979, of Zoning Ordinance Amendment No.79~02. 2. The Planning Commission hereby recommends that the City Council approve and adopt Zone Ordinance Amend~ ment No. 79-02 which repeals Section 61.024A(b)(3), amends Section 61.022 and adds Section 61.0219(a)(9). 3. That a Certified Copy of this Resolution and related material hereby adopted by the Planning Commission shall be forwarded to the City Council. 4. That:the attached amended Sections of the Zoning Ordinance becomes a part of th~s Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF JANUARY, 1979 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA "~M'erman R~em~el ,~ C~rman ' / / Secretary of the Planning Commission I, JACK LAM, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Co~m~ission of the City of Rancho Cucamonga at a regular meeting of the Planning Commission held on the 24th day of January, 1979. AYES: COMMISSIONERS: GARCIA, JONES, DAHL, TOLSTOY, REM~EL NOES: CCPrMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE 61.0219(a)(9) - HOME OCCUPATION PERMITS A. Home occupations, as defined in gection 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 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 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 noise, smoke, glare, fomes, odor, vibration, electrical, radio or television interference disruptive to surrounding properties. 7. No home occupation shall be conducted in an accessory building. Nor- mal 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. 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 capacity 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 occupa- tion is to be conducted, then a signed statement from the owner approving such use of the dwelling must be submitted with the appli- cation. B. Procedure for Approval: Upon acceptance of a home occupation application and fee, as specified in the Fee Resolution, the Director of Con~nunity Development or his designated representative shall review the request for compliance with the above conditions. Within 5 days from the submittal of the applica- tion, 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 Development 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 Com- munity Development or his delegate for a home occupation, the applicant shall in~nediately make application for a City Business License. City business licenses ~xpire on a yearly basis. If the business license is not renewed within 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 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~t 61.022 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 mechanical 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 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 appearance of the building or pre- mises, 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. How- ever, incidental uses such-~s music~lessons, may be ~erm~tted ~f the inten~y of such ±nstructions is approved'by the Director~of~Commun~tM 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. Nor- mal use of the garage may be permitted if such use does not ~bstruct 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 storage 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. Il. 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 capacity of 3/4 ton, owned by the operator of such home occupation which shall be stored in an entirely enclosed garage. 61.022 (Continued) 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.