A. 
Title. The provisions of this chapter shall be known as the "home occupation use permit procedure" of this title.
B. 
Purpose. The purpose of these provisions is to prescribe a procedure to permit and control the conduct of certain small home-based businesses and other activities as accessory uses in the home.
(Ord. 925 § 6, 2014)
This procedure shall be required whenever a business license is required using a home as the "location of business in Brentwood" or in the absence of a location, using a home as a "mailing address" and in any case where a commercial or commercial-like activity or an activity not customarily conducted in the home, is being conducted in a home.
(Ord. 925 § 6, 2014)
A home occupation is a commercial or other activity conducted in a home by the resident thereof which activity is clearly incidental and secondary to the use of the home as a residence and which exhibits no external evidence of the activity and will not change the residential character of the dwelling.
(Ord. 925 § 6, 2014)
A. 
A home occupation use permit application shall be prepared and submitted pursuant to Chapter 17.800.
B. 
The supporting information specified in Section 17.800.007 shall be limited to a description of the business or commercial activity including the method by which the activity will be conducted, that portion of the home in which the activity will be conducted, and a description of any equipment or materials to be utilized in the home.
(Ord. 925 § 6, 2014)
A. 
Application for a home occupation use permit shall be processed pursuant to Section 17.800.010.
B. 
Following a determination that an application is complete the community development director shall deny, approve or conditionally approve the application.
(Ord. 925 § 6, 2014)
A. 
The home occupation shall be conducted entirely within the dwelling unit or a legal accessory building located on the property and comprise no more than twenty percent of the living space on the property at the time of application submittal. If conducted within a garage or other accessory building, the doors shall be closed at all times.
B. 
Home occupations shall be provided with a single station smoke detector and a minimum five-pound fire extinguisher Type 2-A: 10-B: C.
C. 
Such other conditions of approval which pertain to the proposed use as may be deemed by the community development director to be necessary to assure the use can be conducted as a home occupation in a manner which does not adversely impact public health and safety.
D. 
In the event of a failure to comply with these regulations, the community development director may, after notice and an administrative hearing, revoke the home occupation use permit.
E. 
A business license shall be required for a home occupation and a time limit which for the initial approval shall not exceed one year and for subsequent renewals shall not exceed three years.
(Ord. 925 § 6, 2014)
The following uses shall be expressly prohibited as home occupations:
A. 
Medical, dental, chiropractic, massage or similar offices or clinics;
B. 
Barber or beauty shops;
C. 
Pet grooming or boarding;
D. 
Business offices or retail uses where a client typically goes to the office or retail establishment to conduct business, except as otherwise permitted in Sections 17.840.090 and 17.840.010;
E. 
T.V., radio or appliance repair at the location of the home occupation;
F. 
Cabinet shop, furniture manufacture, upholstery repair or similar uses requiring the use of electric saws, joiners, air compressors and similar tools;
G. 
Automotive repair, maintenance or other automotive services (except for the home occupant's personal vehicle);
H. 
Any use involving storage of hazardous chemicals or supplies not normally found at a private residence;
I. 
Bicycle, lawn mower or small engine repair or maintenance;
J. 
Welding, use of paint sprayers, compressors, etc.;
K. 
Other uses which the community development director determines to be inappropriate or incompatible within a residential neighborhood.
(Ord. 925 § 6, 2014)
The following activities shall be prohibited in conjunction with any home occupation:
A. 
The employment within the home of any person, other than an inhabitant of the home, except as provided in Section 17.840.010;
B. 
The use of more than one room or the equivalent of twenty percent of the floor area of the dwelling unit, whichever is greater. If the home occupation is conducted within a garage or accessory building, the doors shall be closed at all times;
C. 
The use of equipment powered by motors of more than a total of one horsepower capacity or the equivalent thereof;
D. 
The display of any trade in stock;
E. 
The generation of vehicular or pedestrian traffic in excess of that associated with the residential use, except as provided in Sections 17.840.009 and 17.840.010;
F. 
Creation of any radio or television interference or creation of any noise greater than the noise performance standards established in Section 17.200.004;
G. 
The emission of odor or gaseous, liquid or solid waste;
H. 
The display of signs or advertising devices identifying the home occupation or any outside display or window display of materials or products;
I. 
Any commercial retail sales on the premises, except as provided in Section 17.840.010;
J. 
The storage or use of commercial vehicles for delivery to or from the premises, other than one vehicle not to exceed one-ton capacity, owned by the occupant of the home;
K. 
Any external alteration of the appearance of the dwelling unit in which the home occupation is conducted;
L. 
The use of yard space or any activity outside the main or accessory building which is not normally associated with a residents use.
(Ord. 925 § 6, 2014)
For the purposes of this section, tutoring, counseling, language, music instruction, or similar home occupation undertaken entirely within the home and deemed appropriate by the community development director shall not constitute a significant and sustained traffic increase affecting the residential character of the neighborhood.
A. 
Only one vehicle and two students are allowed at a time with a maximum of twelve students per day.
B. 
Hours of operation are limited to seven a.m. to eight p.m., Monday through Friday, and eight a.m. to eight p.m. on Saturday and Sunday, unless limited further by conditions placed upon the hours of operation as allowed in subsection C.
C. 
A notice must be sent to adjoining property owners prior to approval of the business. If there are any concerns, the approval may be conditioned to mitigate them, or the application could be referred to the planning commission for review and approval.
D. 
The Brentwood Noise Ordinance (Chapter 9.32) must, without exception, be fully complied with.
E. 
Any non-prohibited activity or use proposed under this exception that cannot meet all of the requirements listed above will be referred to the planning commission for review and approval.
(Ord. 925 § 6, 2014)
For the purposes of this section a cottage food operation means an enterprise within the registered or permitted (by the Contra Costa County environment health department) area of a private home or apartment, or other multifamily housing unit (i.e., condominiums or townhomes), where the individual, who proposes to conduct the cottage food operation in his or her private residence and is the owner of the cottage food operation, prepares and/or packages cottage food products that are not potentially hazardous foods for direct or indirect sale to consumers as permitted by the Contra Costa County environmental health division in accordance with the California Health and Safety Code. Cottage food operations are allowed as a home occupation subject to the California Health and Safety Code and this chapter with the following exceptions and performance standards:
A. 
On-Site Customers. Only one vehicle and two customers are allowed at a time on the site with a maximum of twelve customers per day for direct sales. Such direct sales to customers shall be limited to the hours of eight a.m. to six p.m. Monday through Saturday. Direct sales on Sunday, as well as outdoor sales, are prohibited.
B. 
On-Site Dining. On-site dining is prohibited.
C. 
Employees. Only one full-time equivalent employee, not including the operator's family or household members, shall be on the premises of the cottage food operation at any time.
D. 
Parking and Loading Requirements. For single-family homes, parking spaces for the cottage food operator and any employee shall be accommodated on the property site. For apartments and multifamily developments, the cottage food operator's designated space(s) shall be available for the use, including parking spaces for the applicant's own vehicles and any employee. On-site parking in an apartment complex or other multifamily residence requires approval from the property owner, landlord, homeowners association or property manager.
On-street parking spaces may be used for persons picking-up and/or delivering materials for the operation and third party retailers coming to the property if proposed.
Loading of food products into vehicles may occur anytime within an enclosed garage when the garage door is shut. Hours for loading vehicles outside of a garage are limited from eight a.m. to six p.m. Monday through Saturday with no Sunday hours. Vehicles shall not idle when being loaded.
E. 
Solid waste collection is limited to the city's regular cart service. No commercial trash collection shall occur on the site.
F. 
There shall be no discharge of grease associated with the cottage food operation into the city's solid waste or storm drain system.
(Ord. 925 § 6, 2014)
Nothing in this chapter shall be construed to preclude the enforcement of other applicable county, state and federal laws and regulations, including, but not limited to, Americans with Disabilities Act requirements and building code requirements.
(Ord. 925 § 6, 2014)