HomeMy WebLinkAboutORD NO 3768ORDINANCE NO. 3 7 6 8
AN ORDINANCE ADDING CHAPTER 17.63 AND SECTIONS
17.48.040 B.6., 17.50.020 G., AND 17.52.020 A.17., AND
AMENDING SECTIONS 17.04.330, AND 17.10.020 (E.) OF
TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO HOME OCCUPATIONS.
WHEREAS, the City of Bakersfield initiated a proposal to add Chapter 17.63 and
Sections 17.48.040 B.6., 17.50.020 G., and 17.52.020 A.17., and amending Sections 17.04.330, and
17.10.020 (E.) Of Title 17 of the Bakersfield Municipal Code relating to home occupations, and
WHEREAS, the Planning Commission through its Secretary set Wednesday, April 3,
1997 at the hour of 5:30 p.m in the Council Chambers of City Hall, 1501 Truxtun Avenue,
Bakersfield, California, as the time and place for a public hearing before said Commission on said
ordinance, and notice of the public hearing was given in the manner prescribed in the Municipal Code
and the California Government Code; and
WHEREAS, the Planning Commission adopted Resolution No. 27-97 recommending
approval of the proposed ordinance amendments and forwarded its recommendation to the City
Council; and
WHEREAS, the City Council reviewed the proposed ordinance and Planning
Commission's recommendation at their regular meeting on May 7, 1997 at the hour of 7:00 p.m. in
the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California; and
WHEREAS, the ordinance was found to be exempt from the provisions of CEQA
and the law and regulations as set forth in CEQA and City of Bakersfield Resolution No. 107-86
regarding the local implementation of CEQA have been duly followed by city staff and this Council;
and
WHEREAS, the City Council, at said meeting, considered the ordinance, all relevant
facts, and public testimony, and the Council adopted the findings made by the Planning Commission
as contained in the Commission's Resolution No. 27-97.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield, as follows:
SECTION 1.
Chapter 17.63 is hereby added to the Bakersfield Municipal Code as follows:
Chapter 17.63
HOME OCCUPATIONS
Sections:
17.63.010 Purpose
17.63.020 Permits
17.63.030 Operating standards
17.63.040 Revocation of rights
17.63.050 Appeal
17.63.010 PURPOSE.
The purpose of this chapter is to establish standards for home occupations. A home occupation is a
residential use that is accessory and incidental allowing the occupants an opportunity to conduct a
legal, income producing activity. The use is conducted so that the average neighbor, under normal
circumstances, would not be aware of its existence. The standards for home occupations in this
chapter are intended to ensure that the proposed business retains the residential environment of the
property and is compatible with the residential character of the neighborhood.
17.63.020 PERMITS.
Permit required. A home occupation shall not be established, operated or maintained within
the city without having a valid permit approved by the city according to the regulations of
this chapter.
B. Permit not required. A home occupation permit shall not be required for the following:
1. Small family day care, as defined in Section 17.04.160;
2. Large family day care, as defined and regulated in Chapter 17.67;
Residential care facility, as defined in Section 1502 of the California Health and
Safety Code;
A business conducted in a residence within a commercial or industrial zone district
where that business complies with the requirements of the commercial or industrial
zone it is located.
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Application. An application for a home occupation permit shall be ~n forms furnished by the
Planning Director, shall be filed with the Planning Department before commencing the
h~ine~ aetlvltv and ~hall he ~ionecl hv the annllaant The annli~atic~n ~hall ineh~cle the
following information:
1. The name, mailing address, and telephone number of the owner(s) of the business;
2. The street address of the property where the business will be conducted; and
A description of the type of business proposed.
Permit issuance. The Planning Director shall issue a permit if he or she finds:
1. That the application is complete;
2. That such business will be operated consistent with the regulations of this chapter and
not interfere with the peace and quiet, or be contrary to the residential character of
the neighborhood~ and
3. The building and the proposed business will be maintained and conducted according
to all laws of the city and state, including, but not limited to health, structural
soundness, fire safety, and zoning.
Prohibited activities. A home occupation permit shall not be issued for the following
activities or activities deemed to be similar as determined by the Planning Director where
such will be conducted on the premises the permit would apply:
2.
3.
4.
5.
6.
7.
8.
9.
Appliance repair on large items such as washers, refrigerators, dryers.
Bazaars (involving the sale of crafts or other merchandise open to the public).
Cabinet making.
Equipment or vehicle rentals.
Recycling centers.
Restaurants.
Stable or kennels.
Storage of household goods, equipment, or materials not owned by the resident.
Upholstering of vehicles or furniture.
10. Vehicle repair, including, but not limited to engine tuneups, body and fender work,
and painting.
11. Vehicle washing and detailing where power equipment is used.
12. Veterinary clinics or hospitals.
13. Welding services.
Permit nontransferable. Any permits issued according to this chapter shall be nontransferable
and shall be valid only as to the applicant and the property address provided on the
application.
Fees. The applicant shall pay a fee not to exceed the cost of processing the permit
application and inspecting such business as set forth in Chapter 3.70.
17.63.030 OPERATING STANDARDS.
Home occupations shall comply with the following operating standards:
Signs referring to the business are not permitted; however, signs containing the address of the
home or name of the residents are permitted according to the requirements for signs within
residential zones.
The home occupation may involve the use of commercial mail or freight carriers for delivery
of materials to or from the premises provided deliveries are no more frequent than twice a
day.
One commercial vehicle owned by the residents may be used with the home occupation. The
vehicle will be deemed in use for the home occupation if it contains advertising and/or any
materials including stock, wares, goods, samples, or equipment carried in or on the vehicle.
Such vehicle shall not exceed one ton and shall be stored in a garage if one exists. If there is
no garage on the premises, the vehicle shall be concealed so as not to be visible from the
street, sidewalk or alley when it is parked at the residence.
Customers, clients, or prospective customers or clients shall not be invited to the residence
except by appointment only, for the purpose of obtaining service, tutoring, or training. The
home occupation shall not involve the onsite presence of more than one customer or client at
a time. Customers or clients shall not be permitted on the premises between the hours of
10:00 p.m. and 8:00 a.m.
Noise, pedestrian or vehicular traffic, or other activity that constitutes a nuisance or
disturbance of the peace of any person shall not be produced or made at the residence in
connection with the home occupation.
F. Displays, models or samples shall not be exhibited on the premises.
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The appearance of any structure shall not be altered or the conduct of the occupation within a
structure be such that it may be recognized as serving a nonresidential use (either by color,
materials or construction, lighting, signs, sounds or noises, vibrations, etc.).
Any stock, wares, goods, materials, samples, merchandise or equipment stored on the
premises shall be entirely within a building and not visible from the street, sidewalk or alley,
and shall not interfere with the residential use or endanger any person.
The home occupation shall be conducted only by the occupants of the residence. Employees,
salespeople, or other help, including independent contractors, partners or joint ventures hired,
engaged, or retained by the permittee, shall not perform any work at the premises or go to or
upon the premises in conjunction with the home occupation.
There shall be no processing or manufacturing of goods, wares or merchandise on the
premises unless the Planning Director finds that, in addition to meeting all other criteria
applicable to the home occupation, the processing or manufacturing can and will be done in
such a manner that no noise, sound, vibration, odor, fumes or light are emitted from the
premises.
The home occupation shall be conducted entirely within an enclosed area of the residence or
accessory structure, and shall not encroach into any required parking, setback, or open space
areas. It shall not involve the use of more than 400 square feet of the premises, not including
a vehicle meeting the criteria of subsection C of this section.
Class I flammable liquids or liquefied flammable gases shall not be used or stored on the
premises. Not more than the equivalent of 75 cubic feet of other flammable material shall be
used or stored on the premises in relation to the home occupation.
The permittee for a home occupation shall obtain a business license from the city for the
intended business.
The home occupation shall not be operated to cause a nuisance or interfere with the peace
and quite, and residential character of the neighborhood.
17.63.040 REVOCATION OF RIGHTS.
The granting of a home occupation permit is conditioned on the faithful compliance with all
regulations set forth in this section and does not relieve the permittee from complying with applicable
federal, state, and local laws for health and safety. Any permit issued according to this chapter shall
immediately be revoked by the Planning Director whenever he or she finds:
A. That misrepresentations were made on the application~ or
That any terms or conditions of the permit have been violated, or that the business has been
operated in violation of local, state, or federal law; or
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C. That the operation of the business is interfering with the peace and quite of the neighborhood.
17.63.050 APPEAL.
Should any applicant be dissatisfied with the decision of the Planning Director not to grant a
permit or for the revocation of a permit, then said applicant or permit holder may, no later
than 10 days after notice of such decision is deposited in the United States mail addressed to
the applicant or permittee at the address provided on the application, appeal the decision to
the Board of Zoning Adjustment by filing such appeal with the Planning Department.
The Secretary to the Board of Zoning Adjustment shall set the date for hearing the appeal at
a regular meeting within a reasonable time following filing of the appeal Notice of the
appeal shall be given in the same manner as required in Section 17.64.050.
The Board of Zoning Adjustment may sustain, suspend, or overrule the decision of the
Planning Director. Their decision shall be final and conclusive.
Pending the hearing before the Board of Zoning Adjustment, the decision of the Planning
Director shall remain in full force and effect, and any reversal by the Board of Zoning
Adjustment shall not be retroactive but shall take effect as of the date of the Board's
decision.
SECTION 2.
Subsection B.6. is hereby added to Section 17.48.040 of the Bakersfield Municipal
Code as follows:
B.6. Home occupations, as defined in Section 17.04.330 and in compliance with
the provisions of Chapter 17.63.
SECTION 3.
Subsection G. is hereby added to Section 17.50.020 of the Bakersfield Municipal
Code as follows:
Home occupations, as defined in Section 17.04.330 and in compliance with
the provisions of Chapter 17.63.
SECTION 4.
Subsection A. 17. is hereby added to Section 17.52.020 of the Bakersfield Municipal
Code as follows:
A. 17. Home occupations, as defined in Section 17.04.330 and in compliance with
the provisions of Chapter
SECTION 5.
follows:
Section 17.040.330 of the Bakersfield Municipal Code is hereby amended to read as
"Home occupation" means any use or occupation for the purpose of generating
income by the occupant of a dwelling. It is conducted such that it is clearly incidental and secondary
to the use of the property for residential purposes and does not change the residential character of
the home or neighborhood.
SECTION 6.
Subsection E. of Section 17.10.020 of the Bakersfield Municipal Code is hereby
amended to read as follows:
Home occupations, as defined in Section 17.04.330 and in compliance with
the provisions of Chapter
SECTION 7.
This ordinance shall be posted in accordance with the Bakersfield Municipal Code and
shall become effective thirty (30) days from and after the date of its passage.
.......... O00 ..........
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on
MAY ~ 1 1997 , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON~, McDERMOTT, ROWLES, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER v~
,~k,~: COUNCILMEMBER
CITY CLERK and Ex Officio Cler~ofthe
Council of the City of Bakersfield
APPROVED MAY 2 1 1997
BOB
MAYOR of the City of Bakersfield
APPROVED as to form:
CI Y ATTORNEY of the City of Bakersfield
JE:p~hop_cc.ord
May 8, 1997
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA )
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 27th day of May, 1997 she posted on the Bulletin Board at City Hall, a full,
true and correct copy of the following: Ordinance No. 3768, passed by the Bakersfield City
Council at a meeting held on the 21st day of May, 1997, and entitled:
Ordinance adding Chapter 17.63 and Sections
17.48.040 B.6., 17.50.020 G. and 17.52.020 A.17.,
and amending Sections 17.04.330 and 17.10.020(E)
of Title 17 of the Bakersfield Municipal Code
relating to Home Occupations.
/s/ PAMELA A. McCARTHY
City Clerk of the City of Bakersfield