HomeMy WebLinkAboutOrdinance 2099 - Amending RMC Title 18, Zoning, by repealing Ch 18.49 & adding a new Ch 18.49 entitled Home Occupations r
ORDINANCE NO. o�QQ�J
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING
AMENDING REDDING MUNICIPAL CODE TITLE 18, ZONING, BY
REPEALING CHAPTER 18.49 AND ADDING A NEW CHAPTER 18.49
ENTITLED HOME OCCUPATIONS.
The City Council of the City of Redding does hereby ordain as
follows:
Section 1. Redding Municipal Code Title 18, Zoning, is
hereby amended by repealing Chapter 18. 49, and adding a new Chapter
18. 49 entitled Home Occupations as set forth in Exhibit "A"
attached hereto and incorporated herein by reference.
Section 2. The Council has reviewed and approved the
Negative Declaration, finding that the project has no substantial
impact on the environment and that an environmental impact report
is not necessary.
Section 3. The City Clerk shall certify to the adoption of
this Ordinance and cause its publication according to law.
I HEREBY CERTIFY that the foregoing Ordinance was introduced
and read at a regular meeting of the City Council on the lst day
j of November , 1994, and was duly read and adopted on the 15th day of
November , 1994 , at a regular meeting of the City Council by the
following vote:
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AYES: COUNCIL MEMBERS: P. Anderson, Kehoe, McGeorge and R. Anderson
NOES: COUNCIL MEMBERS: Murray
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
OBERT C. ANDERSON, Mayor
City of Redding �-
i
A %ST: FO APPROVED•
CONNIE STROHMAYER, City Clerk RANDALL A. YS, City Attorney
J
CHAPTER 18.49
M-100--------------0------------ME=
Sections:
18.49.010 Intent and Purpose.
18.49.020 Definitions.
18.49.030 Home Occupation Permits.
18.49.040 Generally. IT A
18.49.050 Performance Criteria. ELWAXHIB
18.49.060 Authority.
18.49.070 Permit Duration.
18.49.080 Inspection.
18.49.090 Findings.
18.49.100 Revocation.
18.49.110 Appeal Procedure.
18.49.120 Fees.
18.49.130 Applications.
18.49.140 Conditions.
18.49.010 Intent and Purpose. 18.49.020 Definitions.
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The City of Redding recognizes that some Home Occupation. An accessory use of a
citizens may desire to use their places of dwelling unit for lawful business purposes. A
residence for some limited activity other than as home occupation is incidental to the primary use
a residence. However, the City believes that the of the building as a residence.
need to protect the character of residential
neighborhoods is of paramount concern. A 18.49.030 Home Occupation Permits.
"home occupation" permit is the method used to
permit and to control certain business activity Group 1 Home Occupation: A home occupation
within the City's residential districts. determined to hold minimal potential for
exceeding the home occupation performance
The objective of a "home occupation" permit is criteria. Such uses are not likely to generate
to allow a limited commercial-type activity in a outdoor storage, create additional vehicle or
residential area only to the extent that, to all pedestrian traffic, bring clients or customers to
outward appearances, neighbors or passers-by the premises, have employees or signage, use
will not be aware of the activity. In practice, a more than the allowable floor area of the
"home occupation" permit gives the permittee residence for storage or other business activity,
the legal right to use his or her residence for a have any advertising of the address, produce
business telephone and business mailing address, uncustomary noise or odors, or otherwise pose
but not to conduct a business to the extent that significant health or safety concerns. A Group 1
foot/automobile traffic, noise, and storage are home occupation requires a permit in accordance
generated. with this chapter. Group 1 home occupations
include, but are not limited to, the following
To provide appropriate review for a broad range businesses:
of home businesses, two categories of home
occupations have been established along with 1. Consultants (i.e., interior decorator,
separate approval procedures for each as architectural, computer, nutritional,
explained below. financial, private investigator, business,
security, management, advertising, and
engineering) where the client does not
come to the property.
. CHAPTER 18.49
2. Craft-making (i.e., sewing, dried floral 4. Craft making which would involve the use
arrangement, quilting, doll-making,and of large types of wood or metal working
other low-intensity arts and crafts uses not equipment (i.e., lathes, band saws, table
involving odor, noise, or dust-producing saws) which, because of the frequency or
processes). duration of use, may produce significant
amounts of noise, odors, or dust.
3. Low-intensity service businesses
(i.e., bookkeeping, billing, desktop 5. Educational, therapeutic, or counseling
publishing, drafting, gift delivery, services with clients on premises
transcriptionist, video taping, photography, (i.e., music instruction, massage therapy,
writer, musician, shopping, and other such chiropractor, psychologist, and similar
services with no clients coming to the uses).
premises).
6. Firearm sales.
4. Mail-order sales.
7. Furniture upholstering.
5. Medical or legal transcriptionists whose
work is done at other locations. 8. Handyman/building maintenance.
6. Product/service sales representatives that 9. Janitorial.
i conduct their sales or service at the client's
location. 10. Landscape maintenance.
7. Real estate brokers, agents, or appraisers. 11. Mobile automotive repair.
8. Window cleaning. 12. Pest control.
9. Housekeeping. 13. Picture framing.
Group 2 Home Occupation: A home 14. Pool maintenance.
occupation determined to hold greater potential
for exceeding the home occupation performance 15. Silk screening.
i criteria than a Class 1 home occupation. Such
uses are more likely to generate outdoor storage, 16. Tool sharpening.
create additional vehicle or pedestrian traffic,
i bring clients or customers to the premises, have 17. Uses involving the on-site parking of a
employees, signage, use more than the allowable trailer or step-type van.
floor area of the residence for storage or other
business activity, have any advertising of the 18. Uses requiring the storage or parking of
address, produce uncustomary noise or odors, or oversized or specialized commercial
otherwise pose health and safety concerns than vehicles.
a Group 1 home occupation. Such home
occupations require a Group 2 home occupation 19. Vending machine.
permit in accordance with this chapter. Group 2
home occupations requiring a permit include,but 20. Wholesale auto sales.
are not limited to, the following businesses:
21. Wood refinishing.
1. Appliance repair.
18.49.040 Generally.
2. Building contractors.
The regulations set forth in this chapter shall
3. Carpet or furniture cleaning. apply to all residential dwelling units,
irrespective of zoning districts. Home
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CHAPTER 18.49
occupation permits are not transferable between 7. Customers or clients shall not be
properties or between property owners. permitted at the residence except to
receive educational, therapeutic, or
18.49.050 Performance Criteria. counseling services where not more
than one (1) client shall receive
A. All home occupations must comply with service at any one time.
the following performance criteria:
8. The conduct of any home occupation
1. The activity is one that is consistent shall not reduce or render unusable
with the use of the premises as a areas provided for the required off-
dwelling. street parking or prevent the number
of cars designated to be parked in a
2. There shall not be any exterior garage from doing so.
evidence of the conduct of a home
occupation. 9. A home occupation shall not create
greater vehicular or pedestrian traffic
3. A home occupation shall be beyond that which is normal in a
conducted only within an enclosed residential district nor in any case
living area of the dwelling unit or the require the parking of more than one
garage and shall not occupy more (1) additional vehicle at any one time.
than twenty-five (25) percent of the
gross floor area of the dwelling. A 10. Storage and use of a limited amount of
home occupation shall not be materials, goods, supplies, or
permitted out-of-doors on the equipment related to the operation of
property or in any accessory the home occupation is permitted
structure utilized to satisfy the off- provided that the limitations delineated
street parking requirements of in Nos. 3 and 5 above shall not be
Chapter 18.62. exceeded. The display of goods or
storage of uncustomary amounts of
4. Electrical or mechanical equipment flammable materials shall be
which creates visible or audible prohibited.
interference in radio or television
receivers, or causes fluctuation in 11. Not more than one (1) commercial
line voltage outside the dwelling motor vehicle, together with
unit, or which creates noise not equipment, tools, and stock-in-trade
normally associated with residential maintained therein, is permitted where
uses shall be prohibited. such motor vehicle is used as the
owner's means of transportation.
5. No equipment or process shall be Commercial vehicles exceeding the
used in home occupations which rated capacity stated in Chapter 11.24
create uncustomary noise, vibration, are prohibited.
glare, or odors such that they are
detectable to normal senses off the 12. The storage/parking of oversized or
lot. specialized commercial vehicles and
the storage of materials in excess of
6. Only the actual residents of the the space limitation provided herein
dwelling unit shall engage in the shall require off-site storage. A copy
home occupation; no employees shall of the lease or agreement for the
be permitted on the premises in proposed off-site storage shall be
connection with the home occupation placed on file with the Department of
except those that are residents of Planning and Community
the property. Development.
CHAPTER 18.49
13. Advertising on the site of a home established by resolution of the City
occupation is prohibited except that a Council.
commercial vehicle permitted herein
may have signs affixed which B. Group 2 Home occupation permits may be
identifies the business name only and issued by City staff in accordance with the
does not identify the address of the procedures established by Sections
business. 18.51.050 through 18.51.110 except
property owner notification shall be limited
14. Not more than two (2) home to property owners within 100 feet based
occupations per dwelling unit shall on the latest equalized assessment role of
be allowed. the County Assessor. Payment of a fee
shall be made as established by resolution
15. On-site training for promotional sales of the City Council.
shall not be permitted.
C. In cases where the Planning and
16. Any deliveries shall be by standard Community Development Department
mail carrier (e.g., United States Post considers the application for either type of
Office and United Parcel Service). permit not to be within the scope of the
home occupation performance criteria, the
B. Persons with demonstrated physical application will be denied or may be
handicaps may be permitted special review referred to the Board of Administrative
by the Board of Administrative Review. Review by the Planning Director.
An applicant may request waiving one or
more, or a portion thereof, of requirements 18.49.070 Permit Duration.
Nos. 1 through 16 above by seeking a
zoning exception pursuant to Section 18.73 Home occupation permits shall be valid until
of this chapter. The special waiver request revoked (per Section 18.49.100 below) or until
shall be reviewed by the Board of one or more of the following occur(s), which
iAdministrative Review at a public hearing shall render them void:
involving the notification of property
owners within 100 feet of the subject 1. The authorized use does not commence
property. In reviewing the request, the within one (1) year of approval.
Board of Administrative Review shall
consider any waivers based solely on the 2. The use ceases for a period greater than six
applicant's physical inability to function (6) months.
within the requirements of Nos. 1 through
16 above. 3. The original applicant(s) moves from the
approved location.
18.49.060 Authority.
4. The permit was conditioned to expire on a
The Planning Director or designated staff is specific date.
authorized to approve, conditionally approve, or
deny Group 1 and Group 2 home occupation In the event a home occupation changes
permits in accordance with the findings and significantly, a new permit shall be obtained.
procedures of this chapter.
18.49.080 Inspection.
A. Group 1 home occupation permits may be
issued by authorized City staff at the time Applicants for home occupations shall permit a
of application subject to review and reasonable inspection of the premises by
execution of a Home Occupation appropriate City staff to determine compliance
Agreement/Affidavit prepared by the with this chapter.
Planning Director and payment of a fee
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CHAPTER 18.49
18.49.090 Findings. Planning Commission as provided for in Section
18.70 (Use Permit—Appeal.)
To approve a home occupation request, the
criteria in Section 18.49.050 must be found to 18.49.120 Fees.
be in evidence.
Fees for home occupation applications and
18.49.100 Revocation. appeals of decisions pertaining to home
occupations shall be established by resolution of
Group 1 and Group 2 home occupation permits the City Council.
may be revoked by the Board of Administrative
Review in any of the following instances: 18.49.130 Applications.
1. Violation of the home occupation Applications for home occupation permits shall
performance criteria. be on forms as prescribed by the Planning
Director and shall be accompanied by
2. Violation of any terms of approval. information, site plans, or illustrations necessary
to understand the business, its operation, and
3. Violation of any law or ordinance in location.
connection with the home occupation.
18.49.140 Conditions.
4. Using the home occupation to conduct any
illegal activity. Aside from meeting the minimum performance
criteria for home occupations (Section
18.49.110 Appeal Procedure. 18.49.050), the Planning Director or designated
staff may place additional conditions on the
Determinations made by the Planning Director home occupation permit to ensure that full
or designated staff may be appealed to the Board compliance with Chapter 18.49 is met and that
of Administrative Review as provided for in the use does not pose a problem for neighbors;
Section 18.51 (Appeal Procedure). to provide a period of time to see if the use, as
Determinations made by the Board of operated, meets the intent of the Home
Administrative Review may be appealed to the Occupation Ordinance; and to ensure that the use
is operated in a manner that the home does not
appear as other than a single-family residence.■
In the Superior Court of the State 'of California
in and for the County of Shasta
CERTIFICATE OF PUBLICATION
No.__ORD-2099
_An__Ordinanoe-_of__the City_Council of the
_-City--- f_Redding_Amending Redding_Municipal
Code Ti1
-------------- tle
Title---
-------------------------------------------------------
(Above space for filing stamp)
STATE OF CALIFORNIA
COUNTY OF SHASTA Ss. t ORDINANCE'N0.2099'
AN ORDINANCE�OF THE CITY COUNCIL OF THE CITY OF
REDDING AMENDING REDDING MUNICIPAL.CODE TITLE 18,
;ZONING,'BY REPEALING.CHA'PTER';lll AND ADDING:-A
hereby certify that the Record Searchlight IS a NEW CHAPTER 18.49 ENTITLED HOME OCCUPATIONS.
The City Council OL the City of Redding docs hereby ordain as"
�follow5: .. ,. -
newspaper of general circulation within the provisions C Section I.'Redding Municipal Code Title I8, Zoning, is hereby
Jlanlended by repealing'Chapter 18.49, and adding a new Cnapter
18.49 entitled Home Occupations asset-forth-in Exhibit Aarracned
of the Government Code of the State of California, t ;hereto and incorporatedherein by reference.
Section 2.The Council has reviewed and approved the N09OTive
printed and published in the Cit of Redding, Count Declaration, finding that the project has no substantial jmpacT on
P P Y 9r y the environment and�. that an.environinontal impact report is not
necessary,
of Shasta, State of California; that I am therind al Section 3. The City Clerk shall certify to the adoption of mis
P P Ordinance and cduse.its publication according to law.
I HEREBY,CERTIFY- that the foregoing Ordinance '
was
clerk of the printer of said newspaper; that the notice Introduced dna read at a regular meeting of the City Council on
the lsf,day of,November 1994,and was duly read and adopted on.
the 151h-day of Nd�embcr 1994 atla regular m0Ot,ing of,the City
of which the annexed clipping is a true printed copy Council by the following voter"" ty l
AYES: _ COUNCICPMEMBERS .P:Anderson, Kehoc,
i McGeorge.and R.Anderson f
was published in said ne-Yspoper on the following NOES: COUNCIL MEMBERS ;Murray
't ABSENT: COUNCIL�MEMBER51 i,None
dates,to wit: ABSTAIN:' COUNCIL MEMBERS,,, Ncfic,
•/s/Robbh C .Anderson -
.ROBERT C 'ANDERSON,Mayor
W C'it yca(;Redainc '
ATTEST: �(�FORMtAPPROVED
November 23� 1X177(1 4 /s/Connic Strohma ver /s/Randall A.Hous
CONNIE STROHMAYER, R 4 N DA-L L1,A HAYS
City Clerk City AttoGncyl
--- ------- -------- -------- -------- ----------- t ME OCCUPATIONSI
I
HO
SCCt10115: - Y J
18.19010 Intent and Purpose
18.49.020 Definif ions.,
certify under penalty of perjury that the foregoing 18.49.030 Home OCCubati'on Permits.
-. 1 A '_'_
1;18.49.050,Pcrfornldnc Criteria.
49.060 Authority.
is true and correct, at Redding, California on the _ - fon.
18.49.0801nsnccHon.
)� 18.49.090 Findings.
23rd November 18 49.100 Revocation.. _. .. . fya
(Jqy Of I 18,19 110 ARpcaI.P'rocedurc..
-------- - --- -------- - -- 18 49.120.Fees f r
11 18 49.130 Applications.
1994
.49 140 Conditions.'
----
-------- 18 49 010 Intent and Purpose
The City of Redding recognizes that�5n,j( G t ZCI 5'�mav GCs re.,
fo
use their places of es donee for sonic r vtaa"ccr v rvl;ome A..'
5'Than as a residence.,•Howcvcrt"'4ho City bel vrs'Yliat th I,necd rc'�
i Pl'OtCCf the character'Of tTesjdellt jell 11 i911bOr1100CIS FI S"-:i,1:pG ra lTOUnt
concern. Q I101110 Occupation pCrllllt IS'111C I11C1110U USCd i0 aCrnll
Ion
1, and to control certain business activity witiljn the Clr iSvl CSiden,;
z I ll fial districts.
Signature The object ve of a hOn1C,b000pafion permit is to allow a Inuit d.5
wCon,,, (e rCla type aCtiyity�u1 a residential arca Only to the CKtUli f4
hat t0 all,ou tward appeor(nKeS, neighbdf5 0l'posse' Uv will%nor
t ILC'�a WarC OI fI1C aCtl Vliy gYl'pro Tice, ci hame occupation ppCfmlt:
'gives the Permittee Xt tie Ieged.right to use his'or hot residence
C)USI11C55'f tele PllOncl,,011 +bust NCSs nlailillg address' buil ItOt. t0
�tconduct clbusiness to_thC axtent that foot/clutoillobile!raft_' nolle
sta tiff SfOrage drC general
To provide appropnato review for abroad ran
bysiqcsscsl iw0 CCIfCgO ri's of home Occupations have "bC'It('1
RECORD SEARCHLIGHT I 091ablish«ISa lony,willr.s ebarate approval p-oceaares for edea a5 t
ezpla med'tielow i °.i
1101 Twin View Blvd., Redding, Califforr�,iae600f V E 78 49 020 Def1n1}lons J`
n E tt ® i HOme'OceuputjOP. An accessory use of a dwelling unit for I
1 lawful business pu rp...S. A home OC[upatjOn is inCidCmal 10(afle'
11lirinlary use of the building as a residence.
18.49.030 Home Occupation Permits.
NQ1' 8 8 ' Group.I Home Occupation: A home occupation determined to
V �1 Motel mi ninlcil .potential. for,.,exceeding, the home. Occupation
Perfornlcl nce criteria, Such use are not likely to ciencrOte outdoor
1I storage, Create additional vehicle at' pedestrian traffic, bring
®U®� OEM
I. i[clicilfs Or customers to the Promiscs, nc,ve e111plovees Or Siglldcie,�
r 1-7use nlore than the allowable floor arca of the residence for Srorade'
ar'O i.11er:business cictivity, have any advertising Of the address,
1 18 4$'Orad uce:un CuStonlory'najse:Or odors,�Or Otherwise Pose Slyllificont,