Chapter 17.28 HOME OCCUPATIONS

Chapter 17.28
HOME OCCUPATIONS

Sections:

17.28.030 Exemption from payment of fee.

17.28.010 General requirements.

Home occupations may be permitted only when in compliance with the conditions listed in this chapter. Home occupations for cottage food businesses are permitted subject to the provisions listed in PMC 17.28.020. A permit must be issued by the Director of Development Services and, for cottage food businesses, the County of San Diego Department of Environmental Health, prior to operation of a home occupation. Unless exempt from payment as described in PMC 17.28.030, the fee shall be in accordance with those adopted by City Council resolution. The permit shall be issued for a term of 24 months.

A. There shall be no stock in trade or exterior storage of materials in the conduct of a home occupation.

B. A home occupation shall be conducted entirely within a dwelling; if in an attached or a detached garage, shall not impede the use of said garage for vehicle storage.

D. Only the residents of the dwelling unit may be engaged in the home occupation.

E. There shall be no sale of goods on the premises.

F. The establishment and conduct of a home occupation shall not change the principal character or use of the dwelling unit involved.

G. There shall be no signs other than those permitted by this chapter.

H. The required residential off-street parking shall be maintained and any need for parking generated by the conduct of such home occupation shall be met off the street.

I. A home occupation shall not create vehicular or pedestrian traffic in excess of that which is normal for the zone in which it is located.

J. Passenger vehicles only shall be permitted in connection with the conduct of the home occupation. Passenger vehicles include motorcycles, automobiles, pickup trucks and vans.

K. Renewal of Existing Permit. All home occupation permits which are renewed shall be valid for a 24-month term unless otherwise revoked. Permits shall be required to be renewed before the expiration date shown on the permit. The City shall notify all permit holders at least 30 calendar days prior to the date of the renewal. (Ord. 773 § 15, 2015; Ord. 753 § 4, 2013)

17.28.020 Cottage food businesses.

The following regulations apply to a cottage food business:

A. Food and associated products shall be stored in the manner consistent with requirements of the County of San Diego Department of Environmental Health.

B. The business shall be conducted entirely within a dwelling; if in an attached or a detached garage, it shall not impede the use of said garage for vehicle storage.

C. Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited. All home/business improvements shall comply with the current fire, building, electrical, plumbing and health codes.

D. In addition to the residents of the dwelling unit, a cottage food business may employ one non-household member as an employee. Nonresident employees shall be limited to the hours of 8:00 a.m. to 5:00 p.m., 40 hours per week maximum.

E. The business may offer direct sales from the residence/business. Food products sold from the residence shall be of the type and in the manner consistent with the class of operation permitted by the County of San Diego Department of Environmental Health. If direct sales are proposed at the site of the business, no customers shall be permitted to dine at the residence. The sale of cottage food business goods from the premises shall be limited to the hours of 8:00 a.m. to 5:00 p.m. daily.

F. The business shall not create noise, odors and/or smoke in such quantities as to be readily detectable beyond the boundaries of the site.

G. The establishment and conduct of a home occupation shall not change the principal character or use of the dwelling unit involved.

H. There shall be no signs other than those permitted by this chapter.

I. The required residential off-street parking shall be maintained and any need for parking generated by the conduct of such cottage food business shall be met off the street.

J. Deliveries shall not occur in any commercial vehicle between 6:00 p.m. and 8:00 a.m.; no more than one delivery vehicle may visit the site at a time, no more than three commercial vehicles may visit the site per day, and no more than 10 deliveries per week; all delivery vehicles must be limited to two axles and comply with local residential parking, stopping, noise, and size restrictions.

K. Renewal of Existing Permit. Home occupation permits used for cottage food businesses, which are renewed, shall be valid for a 24-month term unless otherwise revoked. Permits shall be required to be renewed before the expiration date shown on the permit. The City shall notify all permit holders at least 30 calendar days prior to the date of the renewal. In addition, all cottage food businesses are subject to obtaining applicable San Diego Department of Environmental Health permits, inspections, and fees.

L. A home occupation permit for a cottage food business is not transferable between: (1) persons; (2) locations; (3) change in class; and (4) types of distribution. (Ord. 773 § 15, 2015; Ord. 753 § 4, 2013)

17.28.030 Exemption from payment of fee.

A. Every person who is serving on active duty in the military, naval, or air service of the United States, or any spouse or registered domestic partner of a person who is serving on active duty in the military, naval, or air service of the United States, and who is a resident of this City may conduct a home occupation with a permit issued pursuant to this chapter without payment of any fee.

B. Every person who is honorably discharged or honorably relieved from the military, naval, or air service of the United States and who is a resident of this City may conduct a home occupation with a permit issued pursuant to this chapter without payment of any fee.

C. Claim for Exemption. Any person claiming an exemption pursuant to this section shall (at the time of application for the permit) produce to the City his or her military identification, or military dependent identification, or a copy of his or her DD Form 214, or a copy of that person’s certificate of honorable discharge or honorable relief from duty. (Ord. 773 § 15, 2015)