HomeMy WebLinkAboutORD 856ORDINANCE NO. 856
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING
AN AMENDMENT TO CHAPTER 25.66 OF THE
MUNICIPAL CODE RELATING TO HOME
OCCUPATIONS.
CASE NO. ZOA 97-5
WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th
day of November, 1997, hold a duly noticed public hearing to consider amending Chapter
25.66 of the Municipal Code relating to Home Occupations; and
WHEREAS, the Planning Commission, by Resolution No. 1829, has recommended
approval; and
WHEREAS, said application has complied with requirements of the "City of Palm
Desert Procedures to Implement the California Environmental Quality Act, Resolution No.
97-18," in that the Director of Community Development has determined the amendment to
be a class 5 categorical exemption; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
arguments, if any, of all interested persons desiring to be heard, said city council did find
the following facts to justify its action as described below:
1. That the Zoning Ordinance Amendment is consistent with the objectives of the
Zoning Ordinance.
2. That the Zoning Ordinance Amendment is consistent with the adopted General
Plan and affected specific plans.
3. That the Zoning Ordinance Amendment would better serve the public health,
safety, and general welfare than the current regulations.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert,
as follows:
1. That the above recitations are true and correct and constitute the consideration
of the council in this case.
2. That ZOA 97-5 as delineated in the attached Exhibit "A" is hereby ordained.
ORDINANCE NO. 856
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 1 1 th day of December, 1997, by the following vote, to wit:
AYES: CRITES, FERGUSON, KELLY, SPIEGEL, BENSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
tSHEILA. GILLIGAN, CityClerk'
City of Palm Desert, California
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EXHIBIT "A"
SECTION 1
That Municipal Code Chapter 25.04.370 be amended to read:
25.04.370 Home Based Business.
"Home based business" means an occupation conducted as an accessory use within a
dwelling unit.
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SECTION 2
That Municipal Code Chapter 25.66 be amended to read:
Chapter 25.66
HOME BASED BUSINESS
Sections:
25.66.010
Purpose.
25.66.020
Permits required.
25.66.030
Use and development standards.
25.66.040
Restrictions in multiple family residential areas.
25.66.050
Permitted uses.
25.66.060
Permit nontransferable.
25.66.070
Term and renewal of permits.
25.66.080
Prohibited uses.
25.66.090
Revocation or suspension of permit.
25.66.100
Appeals.
25.66.110
Permit fees.
25.66.010 Purpose.
The regulations set forth in this Section are provided so that certain incidental and
accessory uses may be established in residential neighborhoods under conditions that will
ensure their compatibility with the neighborhood.
25.66.020 Permits Required.
A. Permit Required. Establishment and operation of a home based business shall
require approval of a home based business permit processed by the Director of Community
Development in accordance with Chapter 25.66. Information shall be provided to ensure
that the proposed home based business complies with the requirements of this Section.
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ORDINANCE NO. 856
Additional information necessary to make the findings required for approval may be required
by the City.
Permit may include specific conditions and restrictions necessary to make the use
compatible with a residential setting.
B. Participants. The permittee shall be the operator of the home based business
and shall be a resident of the dwelling in which the home based business is located. Only
residents of the subject residential dwelling may operate, engage in, or conduct the home
based business, except that not more than one (1) outside person who is not a resident of
the subject dwelling may also participate in the operation or conduct of the subject home
based business. For purposes of determining participation general domestic help will not
be considered an employee.
25.66.030 Use and development standards.
In addition to the requirements for each residential district, the following standards
shall apply to the establishment and operation of home based businesses in the R-1 and
Planned Residential (P.R.) zone districts.
A. The establishment and conduct of a home based business shall be an incidental
and accessory use and shall not change the principle character or use of the dwelling unit
involved.
B. A home based business shall be conducted only within the enclosed living area
of the dwelling unit or within the garage provided no garage space required for off-street ON%
parking is used. The home based business shall not occupy more than 25 percent of the
combined floor area of the house and garage. %WOO
C. The home based business shall not encroach into any required parking,
setback, or open space areas.
D. There shall be no signs, displays, outdoor storage, parked vehicles (Municipal
Code Section 10.98), or other exterior evidence of business activity. Neither the dwelling
nor the lot shall be altered in appearance so that it appears other than a residence, either
by color, materials, construction, lighting, sounds, vibrations, or other characteristics.
E. No use shall create or cause noise, dust, vibration, odor, smoke, light, glare,
or electrical interference or other hazards or nuisances.
F. There shall be no signs other than the address and name of the resident.
G. The home based business shall not involve the use of commercial vehicles
manufacturer's gross vehicle weight rating of ten thousand pounds or more (see Municipal
Code Section 10.98) for delivery of materials to or from the premises.
H. The home based business shall not generate pedestrian or vehicular traffic in
excess of that customarily associated with the zone in which it is located.
I. If the home based business is to be conducted on rental property (single family
dwelling), the property owner's written authorization for the proposed use shall be obtained
prior to the submittal for a Home Based Business Permit.
J. No tool or instrument used in connection with a home based business shall
possess a power rating of greater than three (3) horsepower. No equipment shall be
operated in a manner as to cause a nuisance or a hazard to persons or property in the
vicinity of the home based business. No equipment or activity shall be maintained on the
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ORDINANCE NO. 856
residential site which would result in a change in the fire -safety class or occupancy
classification of a residential structure or which otherwise violates any law.
25.66.040 Restrictions in multiple -family residential areas.
A. Only residents of the subject dwelling unit may operate, engage in, or conduct
the home based business. No other person shall be involved in the operation or conduct of
the home based business.
25.66.050 Permissible home based businesses.
A. The intent is to permit a wide range of home based businesses which do not
negatively impact on the residential area. As an ancillary activity to those uses permitted
in the applicable residential zone in which the subject site is located, any of the following
home based business may be conducted at the site:
1. Professional Office Occupation. Professional office occupation is an
occupation whose principal product is information, management or design, including but not
limited to, accounting, architecture, artist/talent management and promotion, brokerage,
business/financial management, computer programming and software development,
credit/financial counseling, drafting and illustration, engineering, fashion design, interior
decoration and design, legal services, marketing and advertising, property management, and
writing and editing. The primary means of contact must be by phone, mail, or other
electronic form of communication. Professional office activity does not include research
requiring the use of hazardous materials and equipment. Professional office activity does
not include a medical office.
2. Instructional Services Occupation. Instructional services occupation is
an occupation whose principal purpose is to provide cognitive instruction or training,
including but not limited to, academic tutoring, musical instrument lessons, dance lessons,
sports training, or other similar physical performance training. Maximum number of
students at any one time shall be limited to six (6).
3. Home Craft Occupations. Home craft occupation is an occupation that
results in a tangible product, including, but not limited to, dress making, furniture making,
toy making, and doll making. Home craft occupations also include artistic products such
as sculpting, painting, and other similar forms of creative works when such works are
produced with the object of gain, benefit, or advantage for the participant or another
person. The conduct of a home craft occupation does not entitle the owner to sell articles
manufactured as a result of the home craft occupation on -site or in a residential zone.
25.66.060 Permit nontransferable.
No permit issued for a home based business shall be transferred or assigned, nor shall
the permit authorize any person other than that named in the permit, to commence or carry
on the home based business for which the permit was issued.
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ORDINANCE NO. 856
25.66.070 Term and renewal of permits.
A. All use permits for home based businesses shall continue in existence and shall
be automatically renewed on a year-to-year basis unless the Director of Community
Development denies renewal in accordance with the provisions of this chapter.
B. If applicant agrees the Director of Community Development may issue a home
based business permit for less than one year.
C. If during the year the Director of Community Development finds that the home
based business has become a nuisance to surrounding property owners, the Director of
Community Development may revoke said permit.
25.66.080 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
based businesses and thereby substantially impair the use and value of a residential
neighborhood. These specified uses shall not be permitted as home based business:
1 . Auto repair and auto body repair;
2. Barber and beauty shops;
3. Bicycle repair;
4. Carpentry work;
5. On -site retail, wholesale, consignment sale, or any activity that involves
sales or display of equipment, merchandise, or other commodities on the site;
6. Laundering service;
7. Medical and dental offices;
8. Painting of vehicles, trailers or boats;
9. Photo studios;
10. Private schools with organized classes;
11. Upholstering;
12. Storage of equipment, materials, and other accessories to the
construction and service trades; and
13. Welding and machining.
B. Other uses as determined by the Director of Community Development may be
prohibited if deemed unacceptable in that they will substantially impair the use and value
of a residential neighborhood or which do not comply with the provisions of Section
25.66.030 Use and Development Standards.
25.66.090 Revocation.
A Home Based Business Permit may be revoked or modified by the Director if any one
of the following findings can be made:
A. That the use has become detrimental to the public health, safety, or traffic, or
constitutes a nuisance.
B. That the permit was obtained by misrepresentation or fraud.
C. That the use for which the permit was granted has ceased or was suspended
for six (6) or more consecutive calendar months.
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ORDINANCE NO. 856
D. That the condition of the premises, or the area of which it is a part, has
changed so that the use is no longer justified under the meaning and intent of this Chapter.
E. That one (1) or more of the conditions of the Home Based Business Permit
have not been met.
F. That the use is in violation of any statute, ordinance, law, or regulation.
25.66.100 Appeals.
The decision of the Director of Community Development may be appealed to the City
Council in the manner prescribed in Sections 25.86.020 and 25.86.030 of this title.
25.66.110 Permit fees.
Upon application and renewal of a home based business use permit, the Director of
Community Development shall collect a fee for the permit as determined by resolution of
the City Council.
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