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Home My WebLink About1701 AN ORDINANCE OF THE CITY-OF'ARCADIA'AMENDING THE ARCADIA MUNICIPAL COD&By'..~~.mV1.!nON 5 TO PART 8, CHAPTER 2, ARTICLE IX THEREOF TO CONTROL AND ALLOW CERTAIN HOME OCCUPATIONS IN RESIDENTIAL ZONES WITH AN APPROVED PERMIT. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The Arcadia Municipal Code is hereby amended by adding Part 8, Chapter 2, Article IX thereof, Division 5, which shall read as follows: "9285.1. PURPOSE.' The purpose of this Division is to allow home occupations in residential zones which are specified herein and which are compatible with a residential environment with an approved permit and to upgrade the living environment of our community. 9285.2. HOME OCCUPATIONS PROHIBITED WITHOUT PERMIT. No person shall engage in business or transact and carryon any business, trade, profession, calling or occupation on any property zoned for residential purposes without an approved and unrevoked or unsuspended home occupation permit. No permit shall be issued for a property on which there exists a violation of the law. 9285.3. AUTHORITY. Home occupation. permits may be granted upon the joint ap- proval of the Planning Department and, Fire'Department. The Planning Department and Fire Department shall have the authority to refuse to issue a permit where the home occupation is or will be otherwise. detrimental" to the health, safety, welfare, peace, quiet, and enjoyment of the surrounding property or neighborhood. In issuing a permit / the Planning Department and Fire Department shall have authority to impose such condi- tions as are deemed necessary..to protect the health, safety, welfare, peace, quiet, and enjoyment of the surrounding property.or neighborhood, and to carry out the purpose and intent of the Arcadia Municipal Code.~ 9285.4. ADMINISTRATIVE ACT. All acts performed by City officers under the pro- visions of this Division shall be construed"as administrative acts performed for the purpose of assuring conformance with the~intent and purpose of this Chapter. 1701 __._~..~~~ ~v ~"" !:,<<lI<';lj,Jdl. use or a OUlldlng as a dwelling. No permit for a home occupation shall be issued for a home occupation that will violate any of the following subsections. 9285.5.1. SAME. EMPLOYMENT. No person shall employ help other than the members of the household occupying such dwelling. 9285.5.2. SAME. EQUIPMENT AND MACHINERY. No person shall use any mechanical, electrical equipment, or stock material other .than that customarily found in the home associated with a hobby or avocation not conducted for gain or profit, providing that such machinery, equipment, or stock material does not generate, emit or create noise, dust, vibration, odor, smoke, glare, electrical interferences, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than normally experienced in residential neighborhoods. No machinery or equipment shall cause noises or other interference in radio or television reception. 9285.5.3. SAME. SALES. No person shall sell products or services on the property except by mail or telephone (except as stated in "Permitted Uses"). 9285.5.4. SAME. TRAFFIC. There shall be no vehicular or pedestrian traffic to or from the premises by customers, salesmen, repairmen, service vehicles, deliverymen, messengers, or others beyond the amount of such traffic generally incident to residential uses. 9285.5.4.1. SAME. SAME. COMMERCIAL VEHICLES. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises, other than a vehicle -2- occupatlon. The home occupation shall not result in, or generate parking or storing of commercial or non-commercial vehicles on public streets. As used herein, commercial vehicles are as defined in the California Vehicle Code and in addition, shall include construction equipment or any other mobile paraphernalia used in connection with said use. No person shall store equipment including but not limited to trailers, tractors, trucks in excess . of one ton, or wheeled construction equipment on property zoned for residential purposes. 9285.5.5. SAME. FLOOR AREA. No person shall use more than two hundred (200) square feet (18.58 square meters) in the main dwelling for the home occupation. 9285.5.6. SAME. STORAGE. No person shall use any parking space required by this Article or open ground space for home occupation purposes or for storage of equipment, supplies or prOducts, except in the vehicle used for the home occupation. 9285.5.7. SAME. .DISPLAY OF PRODUCTS OR MATERIALS. Products and materials shall be kept completely enclosed' within a building in.a lawful manner where they are not visible from the street or other public or private property. 9285.5.8. SAME. ADVERTISING. No person shall place, allow or cause to be placed commercial advertising or identifying signs on the property. 9285.5.9. SAME. ALTERATION OF DWELLING. No person shall display or create outside the building any external evidence of operation of a home occupation. No person shall alter the -3- _ _ __0""'" ........_.....__0.;1 {,4 \".UQUl;jt:: ~JI cne residential character of property or that of the surrounding neigh- borhood for the purpose of conducting a home occupation (including but not limi ted to color, mater ials or construction', lighting, signs, sounds or voices, vibrations). 9285.5.10. SAME. UTILITIES. No person shall use utilities or community facilities beyond that normal to the use of the property for residential purposes (private business telephone excluded). 9285.5.11. SAME. INSPECTION. No person with a permit shall refuse to allow an inspection of property by the Fire Department or Planning Department. 9285.6. PERMITTED USES. A home occupation permit may not be issued except for the uses specified in zones indicated in the following subsections. 9285.6.1. SAME. SALES AND SERVICE TYPE BUSINESSES. 9285.6.1.1. SAME. SAME. ACCOUNTANT. R-O, R-M, R-l, R-2, R-3. 9285.6.1.2. SAME. SAME. ADVERTISING SERVICES. R-O, R-M, R-l, R-2, R-3. 9285.6.1.3. SAME. SAME. ARCHITECT. R-O, R-M, R-l, R-2, R-3. 9285.6.1.4. SAME. SAME. ARTIST. R-O, R-M, R-l, R-2, R-3. 9285.6.1.5. SAME. SAME. BOOKKEEPER. R-O, R-M, R-l, R-2, R-3. 9285.6.1.6. SAME. SAME. CONTRACTING SERVICE. R-O, R-M, R-1. -4- 9285.6.1.8. SAME. SAME. EXTERMINATOR. R-O, R-M, R-1. 9285.6.1.9. SAME. SAME. GARDENER. R-O, R-M, R-1. 9285.6.1.10. SAME. SAME. GRAPHIC ARTISTS. R-O, R-M, R-l, R-2, R-3. 9285.6.1.11. SAME. SAME. INSURANCE AGENTS. R-O, R-M, R-l, R-2, R-3. 9285.6.1.12. SAME. SAME. INTERIOR DECORATORS. R-O, R-M, R-l, R-2, R-3. 9285.6.1.13. SAME. SAME. LOCKSMITH. R-O, R-M, R-l, R2, R-3. 9285.6.1.14. SAME. SAME. PATTERN DESIGNER, CLOTHING. R-O, R-M, R-l, R-2, R-3. 9285..6.1.15. SAME. SAME. PHOTOGRAPHER. R-O, R-M, R-l, R-2, R-3. 9285.6.1.16. SAME. SAME. POOL MAINTENANCE. R-O, R-M, R-l. 9285.6.1.17. SAME. SAME. PROFESSIONAL OFFICES specified in Section 9261.1.2 excluding medical and clinical laboratories and pharmacies. R-O, R-M, R-l, R-2, R-3. 9285.4.1.18. SAME. SAME. REALTORS. R-O, R-M, R-l, R-2, R-3. 9285.4.1.19. SAME. SAME. SALE OF PRODUCT OR SERVICE (MAIL, TELEPHONE OR OFF-PREMISES SALES) TO PUBLIC OR BUSINESS FIRMS. R-O, R-M, R-l, R-2, R-3. 9285.6.1.20. SAME. SAME. TYPIST. R-O, R-M, R-l, R-2, R-3. -5- - following uses: 9285.'6.2.1. 9285'.6.2.2. 9285.6.2.3. 92~5.6.2.4. 9285.6.2.5. .R-3. 9285.6.2.6. 9285.6.2.7. R-3. . _ _ _... _ _ ......... ... ~""lIl~ ..L. .LULL \,.f;:U (.U unlY tne SAME. SAME. CLOTHING. R-O, R-M, R-l, R-2, R-3. SAME. SAME. DRAPES. R-O, R-M, R-l, R-2, R-3. SAME. SAME. GAMES. R-O, R-M, R-l, R-2, R-3. SAME. SAME. JEWELRY. R-O, R-M, R-l, R-2, R-3. SAME. SAME. KNICK KNACKS. R-O, R-M, R-l, R-2, SAME. SAME. MACRAME. R-O, R-M, R-l, R-2, R-3. NOVELTIES. R-O, R-M, R-l, R-2, SAME. SAME. 9285.6.2.8. SAME. SAME. POTTED PLANTS. R-O, R-M, R-l, R-2, R-3. 9285.6.2.9. SAME. SAME. TOYS. R-O, R-M, R-l, R-2, R-3. 9285.6.3. SAME. SERVICE. Uses which require limited contact with the public on the premises, limited to only the following uses: 9285.6.3.1. SAME. SAME. CHILD CARE. Care of not to exceed thr.ee (3) children (a minimum of ten [10] hours a week) which number shall be in addition to the related family of the person conducting such use. R-O, R-M, R-l. 9285.6.3.2. SAME. SAME. MUSIC TEACHER, two students per class. R-O, R-M, R-l. 9285.6.3.3. SAME. R-O, R-M, R-l, R-2, R-3. SAME. TUTOR, two students per class. -6- perml~be made in writing to the Planning Department on the prescr ibed application forms. Incomplete appl ica tion forms shall no~ be accepted. 9285.8. INFORMATION REQUIRED. An application for a home occupation permit shall be accompanied by a completed application form which shall' contain the signatures of all contiguous property owners and tenants indicating their approval of the requested home occupation. If an applicant is unable to obtain the signatures of all contiguous property owners and tenants, the application shall be filed with the Planning Department and a public hearing shall be scheduled before the Home Occupation Board in the same manner as set forth in Section 9285.12. 9285.9. FEE. Before accepting for filing any application for a home occupation permit, the City shall charge and collect a fee which shall be paid in an amount established by Resolution of the City CounciL 9285.10. INVESTIGATION. The staff of the Planning Department and Fire Department shall make such investigation on each application as necessary for their full and complete consideration of the application. 9285.11. DECISION. within sixty (60) working days of the receipt in proper form of a request for home occupation permit, the Planning Department and Fire Department shall render their findings and joint decision of approval, conditional approval or denial of the request. Notice of said decision shall be made in writing to the applicant. -7- -t'~. __._u_ _U~ ,uc =p'U LInent. .shaH:'..be-. ma:der~i.tL:wr:iting to the Home Occupation Board. Such appeal may be fi'led.dn:: =-It:i"'g;~d.aI:iVered to the Planning Department within five (5) working days of the Planning Department's and Fire Department's decision. Upon receipt in proper form of an appeal from the Planning Department's and Fire Department's decision or application, the Secretary of the Home Occupation Board shall fix a time and place for public hearing thereon to be held not less than ten (10) calendar days nor more than forty (40) calendar days thereafter. Not less than ten (10) calendar days before the date of such public 'hearing, a Notice shall be mailed, postage prepaid to the applicant and to all contiguous property owners and tenants. The Notice shall state the nature of the home occupation, the location of the property, the name of the person conducting the home occupation and the time and place of th~ hearing. Appeals from the Home Occupation Board's decision shall be made to the Planning Commission. Said appeal sha'll be'made in writing and be delivered to the Secretary of the Planning'COnnnission within five (5) working days after. the Home Occupation Board's decision. The matter of setting the' hearing and 'giving notice shall be the same as.prescribed for hearings before the Home Occupation Board. Appeals from the' Planning Connnission's decision shall be made to the City Council. The decision of the City Council shall be final. Said appeal shall be made' in. writing'. and;'.be :delivered to the -8-, ~~"u...~~~uu '" ut:"'UHUlI. 9285.12.1. SAME. CREATION. There is hereby cr-eated a Home Occupation Board composed of the following persons: 1. The Chief Building official or his designated deputy. 2. The Finance Director or his designated deputy. 3. The City Manager or his designated deputy. The Chairman of the Home Occupation Board shall be the Finance Director or his designated deputy. The Chief Building Official or his designated deputy shall serve as Secretary to the Home Occupation Board. 9285.12.1.1. SAME. SAME. MEETINGS. The Home Occupation Board shall meet at such times, dates and in such places as designated by the Chief Building Official. 9285.12.1.2. SAl-IE. SAME. AUTHORITY. The Home Occupation Board shall make findings and have the authority to approve, conditionally approve or deny a home occupation permit in the same manner as set forth in Section 9285.3. 9285.13. EFFECTIVE DATE OF HOME OCCUPATION PERMIT. No permit or license shall be issued for any home occupation until action on such application shall have become final by reason of the expiration of time to make an appeal as herein provided. 9285.14. PERMIT DURATION. A home occupation permit shall be issued on a yearly basis, and shall apply to the fiscal year of January 1st to the following December 31st. 9285.15. PERMIT RENEWAL. Permits shall be renewed on a yearly basis and shall be subject to the review and approval of the -9- _ ____00 _L LU~. ~~~) ~W"'..u.._.._.~,,,' 9285.16. PERMIT NOTTRANSEERABLF.. No...2<;:r;mi!:. issued under this article shall be transferred or assigned nor shall the permit authorize any person other than named therein to commence or carryon the home occupation for which the permit was issued. 9285.17. REVOCATION AND SUSPENSION. The Planning Commission may revoke or suspend any home occupation permit after a public hearing upon at least ten (10) days" written not'ice to the permittee mailed to the address specified in the permit application upon making the finding that there is probable cause that permittee has committed a' violation of any law or any of the aforementioned subsections of this Division." -10~ . -" -~"1~......,--Ult;.IU..~ UJ.. t..1l.J...~ ul"GJ.nance shell be ,;-,;::,lty of a :-:isdEr:Je2nor. Any, person convicted of' a rr::isderr.!~2nor under any provisic':l of ~~is orcinance shall be punishable by 2. fine of not more t~an Five Hundred Dollars. or by i~?risonDent i~ the City Jail or'County Jail for'a period not exceeding six ~onths. 0= by both such fiDe and imprisonment. Each such person shall be guilty of a sepErate orfense for each and every day during an'y pOrtion' of -which any \.'iolation of 2.71Y pro- vision of the ordiDance is committed, continued, or permitted by such person and sr~ll be puniS~2ble accordingly. SECTIO~ 3 , In addition to the pen&lties provided in the preceding section, any condition caused o~ permitted to exist in violation'of 'any of the provisions of this o=dinance shall be deemed a public nuisance and may be, by the City, sQ~marily abated as sucD, and each day such condition'continues shall be regarded as a new and sepErate. offense. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of tnlS ordLlance is, for any reason, held to be invalid or unconstitutional by the d~cision of a~y co~rt of competent jurisdiction, such decision shall not affect the validity of the re~2inLLg portions of this ordinance. The City Council of the City of Arcadia hereby declares that it ~ould have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that a~y one or more sect~ons, subsections, sente~ces, clauses, phrases or portions be declared invalid or unconstitutional. SECTIO~ 5. Neither the adoption of this ordinance nor the repeal hereby of 2ny crdinGnce snall in any manner affect the prosecution for violation of ordinances, ~~icb violaticns ~ere committed prior to the effective date hereof, nor be construed as aff~cting a~y of the provisions of such ordinance relatLig to the collection of any suc":1 licer.:se or peilalty or t~je penal provisions applicable to any violation .thereof, 7'lor to affect tDe validity of any bond ,or cash deposit in lieu thereof, required to b~ postec, filed o~ deposited per scant to any ordinance and all rights and obligations ~~e~eu~der ap?erta~ling shall continue in full force and effect. SECTIO'; .6. Tne Clerk of the Council shall certify to the pass&ge and adoption cf ~his ordL,ance ~nd shall cause the s~~e to be published in the_official ne~spaper of ~he City of Arc~dia within fifteen (15) days after its adoption. ~ng P;~SE~ ~~D ~~O?TED teld on t~e 20th BY TilE CITY day of May, COl~CIL of the City of Pxcadia at its regular meet- 1980. ?L~7L n~ ('tv Clerk of the City of Arcadia - - ~~ii?f:o~, - - I EE?~EY CERT1FY that the fo~egoing ordinance was adopte~at a regular meeting of :ne City Council of the City of Arcadia, California, held on the 20th day of Nay, lSSQ, by ~~e affir~ative vote of 2t least three Councilmen, to ~it: )..'1"E5 : rC'ES: ':"3S:':1~T: CouncilmeIl Dring, Gilb, :\one None Haltom, Saelid and Pellegrino ~~.~~ City Clerk . / /' - 11 - 1701