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Ordinance 1495• ORDINANCE NO. 1495 AN ORDINANCE OF THE CITY OF CUPERTIlVO AMENDING ORDINANCE N0.321 AS DESCRIBED IAI SECTION 2 HEREIN, AND PROVIDING REGULATIONS f~OR HOME OCCUPATIONS THE CTI'Y COUNCIL OF THE CITY OF CUPERTWO DOES ORDAIN AS FOLLOWS: SECTION 1: AMENDMENT Section 1.1: Ch~dinance 321 Is hereby amended by adding this Ordinance No. 1495. SECTION 2: REPEALING CLAUSE Section 2.1: Ail ordlnanoes heretofore enacted in conOtct with this Ordinance No. 1495 are repealed to the extent that they vary from the provisions of this Ordinance. SECTION 3: PURPOSE Section 3.1: The purpose of this Ordinance is to permit and regulate the conduct of home oavpatlons u an accessory use (n a residence, whether owner or renter occupied, and to ensure that such home occupations are compatible with the ruIghborhoods in which they are located. The intent is to protect residentlal areas from adverse effects of activities associated with home occupatlons, while allowing residents of the community to use their homes as a work place and a source of livelihood under certain conditions. The City acknowledges that changes in technology and composition of the work force, among other factors, have contributed to a growing interest on the part of Cupertlno dtlzens to live and work in their homes The City also finds that home business enterprises can help reduce commuter-traffic Impacts, reduce or eliminate child care expenses for people with young families, and provide the opportunity to "test" creative business ventures with greedy reduced start-up costs. SECTION 4: GENERAL REQUIREMENTS Section 4.1: A Home Occupation is a business, profession, occupation or trade actlvlty of a nonresidential nature which is performed by the resident(s) of a dwelling unit within that dwelling unit, or a yard area or garage associated with that dwelling unit, for purposes of generatlng Income or engaging {n gainful employment, whether for monetary or similar fomu of compensation, by means of the manufacture; provision and/or sale of goods and/or services, but which activity to clearly inddentsl to the use of the dwelling for residential purposes. Section 4.2: Home occupations conducted in accordance with the provisions of this Ordinance shall be permitted in residential zones, and in other areas where residential use is allowed, provided that the occupation is clearly incidental and secondary to the use of the dwelling for residential purposes, and does not change the residential character thereof; and provided that such occupatlon is not detrimental to the health, safety, public welfare and property values in the neighborhood. Section 43: Authorization to establish a home occupatlon shall be evidenced by payment of a business tax and the issuance of a City of Cupertino Business License Tax Certificate. All home ooupatlons shall be subject to all provisions of the CupeMr~ Munldpal Code regulatlng the issuance of business licenses. ORDINANCE NO. 1495 . • PAGE -2- f SECTION 5: STANDARDS Section 5.1: All home ooupatlons must comply with the regulatory intent and spedfic standard provisions of Section 5.2 of this Ordinance. Section 5.2: The following requirements must be met at the estabUshment of the home oo:upadon, and mwt be maintained on a mntlnuing basis during operation of the business activity: , TOPIC REGULATORY INTENT SPECIFIC STANDARD Location Prevent intrusion of light, noise and Confine Home Occupatbn. fo main unsightly conditlons from disturbing dwelling or ams[. ~iswlding nefghbora _ ,Garage area may be used if the minimum required numbs of vehWes can be parked inside during non- businese hours. HomeOo:upation activity within garage areas Is limited _ to the hours of B~Oam to B.~OUpm, _ Rear and side yarns may be used for horticulture; ro storage Front yarns, driveways may not be used for Horne Oocupatkm piaposea Appearance Maintain visual character of the atnuture as - The entrance to the space demoted a residence to the Home Occupation shall be from within the main building. - There shall be no internal or external alteratlona or omatruction not customarily found in residences. Display Maintain visual character of structun: as - Home occupatlons shall involve no a residence exterior display of merchandise or stock in trade for sale. Sales Activity Restrict scope of business activity to ensure - Direct sale of product off dLsptay that residential use remains primary shelves or racks to the general public is prohibited; however, an order may be filled on the premises if placed earlier by a customer using telephone or mail order communicatkms, or through attendance of a sales party. Parties for the purpose of selling or taking orders for merchandise shall not beheld more than two (2) bares in any month. ORDINANCE NO. 1495 • • PAGE -3- - Home Occupations which involve the sale or rental of vehicles or vessels shall rat be permitted to keep any vehicles on the pnnnises at any time, or to deliver said vehicles to renters or purchasers on the premises. TOPIC REGULATORY IIVTENT ~ SPECIFIC STANDARD Intrusive Efhcb Ensure that procesxs, tools and hours of - All home oocupatlon activities operation do rat disturb ndghbors shall wmply with City noise ordinance through noise, odor, vibration, Tit /radio daytime/nighttime limitations interference - All home occupatlons shall be conducted so es to maintain emissions at non-intrusive levels - Appropriate equipment shall be installed ro reduce emissiorL4 ro nOM intrusive levels Traffic A home oo:upadon shall rot create pedestrian, - Deliveries ro and hom die premises . automobile or truck traffic or parking demand resMded per the Municipal Code siRnificandy above normal levels for drat zone. Utility Service Maintain residential scale of utility services - Home oaupatlon activity requiring a to limit business activity to an inddental use water meter above the size customary to a residence in that zone is prohibited. - Electrical panel restricted to size customary to a residence in that zone Business Vehicle Restrld r-umber ,size and keeping of vehicles - No more than one vehicle primarily to reduce parking demand and maintain rest- used for business purposes may be dentlal streetscape parked per site - Size limited to passenger aura, pickup truck or similar van Storage Ensure that stored materials do not take up - No storage outside of an enclosed required parking space or accumulate in yards structures is prohibited - Garage storage of materials is allowed if the remaining space allows parking of the required number of vehicles Signs Prohibit use of signs unless legally required - I-egally required signs are restrlaed ro a maximum t sq. foot area - Signs shall not be placed on the roof or within the required setback areas. ORDINAri'CE NO. 1495 • PAGE -t- Cumulative Ensure that multiple home occupatlons at a - Cumulative impact of each home Effects site do not exceed single-activity performance occupation shall not exceed the levelas limlb set forth in any portion of Section 5 of this Ordinance SECTION 6: INTERPRETATION OF HOME OCCUPATION STANDARDS Section 6.1: The Director of Community Development shall be empowered to determine if any proposed home occupation is consistent with the standards stated in Sector 5 of this Ordinance. Persons aggrieved by an interpretation of the Director of Community Development may petition the Planning Commision in writing for review of said interpretation. Section 6.2: The Planning Commission or Director of Community Development may interpret a proposed use an acceptable home occupation activity, but may determine that the use is of an unusual nature or intensity such that the applicant may be required to obtain a conditional use permit prior to commencing business activity, in accordance with the procedures outlined in Ordinance 652. SECTION 7: PERSONS EMPLOYED Section 7.1: Home occupations shall be carried on by members of the household occupying the dweling, with not more than one additional person employed on the premises who is not a resident thereof. This shall not exclude the employment of domestic servants, gardeners, janitors, or other persons cwto:med in the operation or maintenance of the dwelling, whether livtng on the premises or not. SECTION 8: EXCLUDED OCCUPATIONS Section8.i: The occupations listed below, and occupations which, in the opinion of the Community Development Director, are of similar character, shall not be considered inddental and secondary to the use of a residence for dwelling purposes. Such uses, by the nature of the investment necessary in equipment or operational characteristics, demonstrate a tendency once started to increase rapidly beyond the scope of a home occupation, and thus impair the use and value of a residentially zoned area. A) Automobile Repair Shops, including paint and bodywork B) Barber Shops and Beauty Parlor C) Boarding and/or Rooming Homes for more than two guesb D) Clinics and Hospitals, also Veterinary (Animal) Cliniq and Hospitals E) Kennels and other boarding for pets .in excess of the number of animals allowed in the base zoning district where specified. F) Medical offices for Physidans, Dentists, Osteopaths, and other practitioner of the Healing Arts; except that a practitioner, in conducting his business through house cabs, may use his home forderical and similar work, including consultation with other prctitioner, but exduding reception and examination of patients. G) Private schools with organized classes H) Upholstery, small engine repair, welding shops I) Other uses which are found by the Community Development Director to be of similar intensity and characteristics of use to those enumerated in this sectlon, and are thus inconsistent with the stated purposes of this Ordinance. ORDINANCE NO. 1495 PAGE -5- SECTION 9: NON-CONFORMING USES Section 9.1: Notwithstanding the provisions of this Ordinance, alt home occupations which exist as non- conforming uses in any residential zone or in other areas where residentiat uses are allowed, shall be allowed to continue as legal, non-conforming uses subject to the Gty's Non~or-forming Use Ordinance. SECTION 10: VIOLATION Section 10.1: Any person, firm or corporation violating any provision of this ordinance shall be deemed guilty of an infraction, and upon conviction thereof, shall be punished in accordance with Chapter 1.12 of the Municipal Code. SECTION 11: SEVERABILITY CLAUSE Section 11.1: If any section, subsection, sentence, dause or phrase of this Ordinance is for any reason held to be unconstitutional, such dedsion shall not affect the validity of the remaining portions of this Ordinance. The legislative body hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or rrwre sections, subsections, sentences, clauses or phrases be declared unconstitutional. SECTION 12• PUBLISHING CLAUSE Section IZi: The CIty Gerk is hereby authorized and directed to cause a certiAed copy of this Ordinance to be published at least once wtthln Fifteen (l5) days after its enactment In the Cupertino Courier, the offidal newspaper of the City, published and dreulated in the City of Cupertino. SECTION 13: EFFECTIVE DATE Section 13.1: This Ordtnance No.1495 shall take effect and be in full force thirty (30) days after its enactment. INTRODUCED at a regular meeting of the Gty Coundl of the Gty of Cupertino on ails 19th day of June, 1989 and ENACTED at a regular meeting of the Gty Coundl of the City of Cupertino this 5th day of July, 1989, by the following vote: VOTE: COUNGL MEMBERS AYES: Gatto, Johnson, Itoppel. Rogers, Plungy NAYS: None ABSTAIN: None ABSENT: None ATTEST.' -ROVED: ~~=~0---- ----- r--- ~ ,- Do by Co ius Jo Pl City Clerk r