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HomeMy WebLinkAboutRes No 682PLANNING COMMISSION RESOLUTION NO. 682 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL AN AMENDMENT TO THE ZONING ORDINANCE TEXT PERTAINING TO THE REGULATION OF HOME OCCUPATIONS. CASE NO. ZOA 01-81 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 3rd day of February, 1981, hold a duly noticed Public Hearing to consider amendment of Municipal Code Chapter 25.66 pertaining to the regulation of Home Occupations; WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the Director of Environmental Services has determined that the project will not have a significant adverse impact on the environment and a Negative Declaration has been prepared; WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to recommend approval of a Zoning Ordinance Text Amendment: Palm 1. That the Zoning Ordinance Amendment objectives of the Zoning Ordinance. 2. That the Zoning Ordinance Amendment adopted General Plan. is consistent with the is consistent with the 3. That the Zoning Ordinance Amendment would better serve the public health, safety, and general welfare, than the current regulations. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Desert, as follows: 1. That the above recitations are true and correct and constitute the considerations of the Commission in this case; 2. That it does hereby recommend a Zoning Ordinance Text Amendment, as provided in the attached exhibit, labeled Exhibit "A", to amend Municipal Code Chapter 25.66. 3. That said Negative Declaration is hereby recommended to the City Council for approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 3rd day of February, 1981, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BERKEY, KRYDER, MCLACHLAN, RICHARDS NONE MILLER NONE CHARLE'S MILLER, Chairman ATTEST: RAMO A. DIAZ, Secretary /1r PLANNING COMMISSION RESOLUTION NO. 682 EXHIBIT "A" Chapter 25.66 Sections: HOME OCCUPATIONS 25.66.010 Purpose 25.66.020 Regulations 25.66.030 Use permit 25.66.040 Term and renewal of permits 25.66.050 Appeals 25.66.060 Permitted uses 25.66.070 Prohibited uses 25.66.080 Permit fee Page Two 25.66.010 Purpose. This chapter is intended to provide for those uses customarily conducted entirely within a dwelling and carried on by its occupants. The use must be clearly incidental to the use of the dwelling and may not change the character thereof nor adversely affect the uses permitted in the district of which it is a part. The purpose of a home occupation shall be limited to the use of the home for telephone and mailing address purposes only. 25.66.020 Regulations. Home occupations allowed by the provisions of this title shall be granted -by the zoning administrator provided the home occupation complies with the following regulations: A. There shall be no stock in trade other than products manufactured on the premises. B. A home occupation shall be conducted in a dwelling and shall be clearly incidental to the use of the structure as a dwelling. C. A home occupation shall not be conducted in an accessory structure, and there shall be no storage of equipment or supplies in an accessory structure or outside the dwelling. D. There shall be no external alteration of the dwelling in which a home occupation is conducted, and the existence of a home occupation shall not be apparent ... beyond the boundaries of the site. E. No one other than a resident of the dwelling shall be employed in the conduct of a home occupation. F. No mechanical, electrical equipment, or stock material shall be used other than that customarily found in the home associated with a hobby or avocation not conducted for gain or profit except machinery, equipment or stock material which is essential in the conduct of the home occupation, providing that such machinery, equipment or stock material does not generate, emit or create noise, dust, vibration, ordor, smoke, glare, electrical interference, fire hazard or any other hazard or nui- sance to any greater or more frequent extent than normally experienced in an average residential neighborhood. G. A home occupation shall not create any radio or television interference or create noise audible beyond the boundaries of the site. H. No sale of products or service on the premises except by mail or telephone. I. No contact with the public on the premises except by mail or telepone. J. Vehicles: 1. It shall be unlawful to park or store any commercial vehicle on property which is zoned for residential use. One pickup truck or van of one (1) ton or less shall be exempted. 2. Commercial vehicle means a vehicle of a type required to be registered under the California vehicle code as a commercial vehicle and used or maintained for the transportation of persons for hire, compensation, or profit or designed, used or maintained primarily for the transportation of property used in the home occupation. K. A home occupation shall not create pedestrian, automobile, or truck traffic significantly in excess of the normal amount of the district. L. No delivery to or from the premises by commercial vehicles, cars, vans or stationwagons of a supplier or vendor. Delivery of product and pickup of supplies or materials shall be made in a noncommercial vehicle by the proprietor or resident help of the home occupation. PLANNING COMMISSION RESOLUTION NO. 682 Page Three M. No more than 400 square feet of the dwelling area, shall be employed for the home occupation. N. No garage, accessory building or open ground space shall be employed for home occupation or for storage of equipment, supplies or products, except the vehicle (and equipment, supplies or products stored within the vehicle) employed by the home occupation. 25.66.030 Use permit. A. Application for a home occupation use permit shall be made to the zoning administrator on a form supplied by the city planning commission. The zoning administrator shall issue a permit upon determining that the proposed home occu- pation meets all the requirements of this chapter. B. Applicant for home occupations permit shall provide the zoning administrator with the name and address of the property owners of adjacent properties and those across a street or alley from the property in which the home occupation will occur. C. The zoning administrator shall notify adjacent residents of said application, and determine if there are any objections to the issuance of said permit. D. The zoning administrator shall notify adjacent property owners of his decision. 25.66.040 Term and renewal of permits. A. All use permits for home occupations shall continue in existence and shall be automatically renewed on a year-to-year basis unless the zoning administrator denies renewal in accordance with the provisions of this chapter. B. If applicant agrees the zoning administrator may issue a home occupa- tion permit for less than one year. C. If during the year the zoning administrator finds that the home occupation has become a nuisance to surrounding property owners, the administrator may revoke said permit. 25.55.050 Appeals. The decision of the zoning administrator may be appealed to the planning commission in the manner prescribed in Section 25.86.020 and 25.86.030 of this Chapter. 25.66.060 Permitted uses. A. Sales and service type business with no on -site contact (home occupation address) with the public such as, but not limited to: accountant architect, draftsman, etc. artist author contracting service dress designer engineers gardener insurance agent pattern designer, clothing photographer pool maintenance sale of product or service (mail, telephone, or off premises sales) to public or business firms typist B. Production and assembling of small quantities of items such as: Drapes clothing games jewelry knick-knacks macrame novelties potted plants toys PLANNING COMMISSION RESOLUTION NO. 682 Page Four 25.66.070 Prohibited uses. A. The following uses by the nature of the investment or operation have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations and thereby substantially impair the use and value of a residential neighborhood. These specified uses shall not be permitted as home occupations: auto repair barber and beauty shops bicycle repair carpentry work dance instruction laundering service medical and dental offices painting of vehicles, trailers or boats photo developing photo studios private schools with organized classes radio and television repair upholstering welding B. Other uses as determined by the zoning administrator may be prohibited if deemed unacceptable in that they will substantially impair the use and value of a residential neighborhood. 25.66.080 Permit fees. Upon initial issuance and renewal of a home occupation use permit, the zoning administrator shall collect a fee for the permit as determined by resolution of the city council.