The intent and purpose of this chapter is to establish regulations
and procedures applicable to unusual uses of land where the circumstances
and conditions require special attention, and where the application
of this title during the course of the administration and enforcement,
results in the inconsistency with the general intent and purpose thereof.
(Prior code § 9213.01)
Regulations governing permits for home occupations shall be
as set out in this article.
(Prior code § 9213.04)
The intent and purpose of this chapter is to provide a means
by which, for the convenience of maintaining a livelihood and well-being,
a restricted and limited business or occupation may be carried on
in any dwelling in any residential zone or dwelling in any P-A, C-C,
C-G, and M-U overlay zones, but which is clearly subordinate and incidental
to the uses permitted in such zone or residential dwelling, and for
which its operation could have no detrimental or adverse affects on
the neighborhood area in which it may be located. It is also the intent
and purpose of this chapter to only allow the issuance of a home occupation
permit to the occupant of the residence or dwelling located in the
R-E, S-F, R-I, PUD and R-M zones and in the P-A, C-C, C-G, and M-U
overlay zones.
(Prior code § 9213.04(A); Ord. 830 § 12, 1993; Ord. 1102 § 5, 2016)
The zoning administrator, prior to accepting an application
for a home occupation permit, shall determine whether or not a statement
of environmental impact is to be required pursuant to the rules, guidelines
or regulations duly adopted by the city council which are currently
in effect and as may hereafter be amended.
(Prior code § 9213.04(B))
A. Any
owner or occupant of any legally permitted dwelling located only in
the R-E, S-F, R-I, PUD, R-M, P-A, C-C, C-G, or M-U overlay zone may
file with the zoning administrator an application for a home occupation
permit, verified by said owner or occupant on forms prescribed by
the zoning administrator, accompanied by a permit application fee
in an amount established by a resolution of the city council. The
application shall set forth and include any information as the zoning
administrator may require.
B. Issuance
of a home occupation permit shall not become effective unless and/or
until a business license has been obtained therefor, and no business
license shall be issued by the director of finance until documentary
evidence of the issuance of a home occupation permit has first been
shown. Any home occupation permit issued to an illegal dwelling in
error shall become null and void.
(Prior code § 9213.04(C); Ord. 765 § 52, 1989; Ord. 830 § 13, 1993; Ord. 1102 § 6, 2016)
The zoning administrator may issue a home occupation permit which complies with the provisions of this chapter, on forms prescribed by the zoning administrator, and may require additional terms and conditions considered necessary to assure the integrity of such permit and the zone in which it is proposed to be located. Should, at any time during the period which a home occupation permit is in effect, the zoning administrator find, after conducting an investigation, that the operation of such home occupation is in violation of the provisions of this chapter and/or the terms and conditions subject thereto, such violations shall be considered a misdemeanor as set forth in Section
18.06.130 and the zoning administrator shall by declaration serve notice of revocation of the home occupation permit. In any case, a home occupation permit shall expire at the same time a business license issued therefor expires, and shall not remain in effect unless and/or until such business license has been renewed by the director of finance, provided such renewal takes place within thirty days after such expiration of business license comes due.
(Prior code § 9213.04(G); Ord. 830 § 14, 1993)
Regulations governing the number, uses and types of home occupations
shall be as follows:
A. Number.
Not more than one home occupation permit shall be issued for a dwelling.
B. Uses
and Types. A home occupation shall be limited to a personal service
type use, provided that no employees or assistants in connection therewith
are engaged for services on the premises who are not members of the
resident family thereon.
(Prior code § 9213.04 (D); Ord. 830 § 15, 1993)
No signs or other advertising of any form or nature whatsoever,
shall be displayed anywhere on the premises in connection with a home
occupation.
(Prior code § 9213.04(E))
Other conditions, restrictions and regulations governing home
occupations shall be as follows:
A. Every
home occupation permit shall only be issued to the owner or occupant
of the property, and such permit shall only be applicable and remain
in effect so long as the applicant is a resident of the premises for
which such permit is issued, and shall not be transferable to any
other person or property.
B. The
operation of every home occupation permit shall be limited to only
the residents of the premises for which such permit is issued and
shall not engage more than three such resident persons.
C. There
shall not be any on-premises sales, displays, or consultation, except
by phone or mail; no on-premises manufacturing fabrication or processing;
on-premises office or storage use shall not occupy more than fifteen
percent of the ground floor of the dwelling used in connection with
the operation of a home occupation permit.
1. On-Premises
Consultation Exception. On-premises consultation may be permitted
in connection with a home occupation if the following conditions and
restrictions are met:
a. Dwelling is located on a property whose front property line directly
abuts a major arterial as designated within the Circulation Element
of the city of Pico Rivera's General Plan or whose street-adjacent
side property line abuts a major arterial as designated within the
Circulation Element of the city of Pico Rivera's General Plan and
provides direct legally permitted vehicular access via a driveway
from the major arterial. On-premises consultation is prohibited within
dwellings located on properties whose front and or street-adjacent
side property lines directly abut a frontage road that runs parallel
to a major arterial and is separated from the major arterial by a
median.
b. Dwelling is not located within an apartment complex or condominium
or similar development.
c. Property complies with current off-street parking requirements pursuant to Chapter
18.44 and is not a nonconforming dwelling in regards to off-street parking.
d. Dwelling possesses at least one off-street parking space for customer/client
parking with minimum dimensions of nine feet in width by twenty feet
in depth provided on a legally permitted driveway or within a legally
permitted carport or garage that does not impede any required drive
aisles.
e. A maximum of one customer/client may receive on-premises consultation
at any one time. A family unit, such as a parent and one or more children,
is considered one client or customer for purposes of this restriction.
f. On-premises consultation shall be restricted to services typically
rendered within a business office.
g. On-premises consultation shall be permitted between the hours of
seven a.m. to seven p.m.
D. All operations of a home occupation shall be conducted entirely within the inside of a dwelling and shall not exceed the use of more than fifteen percent of the ground floor building area in which it is located. Furthermore, no area outside the dwelling shall be used for the home occupation in any manner whatsoever, except for one six thousand pound vehicle used in connection with the operation of the home occupation required to be completely stored in the garage and for one off-street parking space pursuant to subsection
(C)(1)(d).
E. No
interior or exterior alterations or remodeling of any type whatsoever
shall be permitted in connection with a home occupation.
F. All
operations of a home occupation shall comply with the noise compatibility
guidelines set forth within the Noise Element of the city of Pico
Rivera's General Plan.
(Prior code § 9213.04(F); Ord. 830 § 16, 1993; Ord. 1102 § 7, 2016)
A "cottage food operation," as that term is defined in California
Health and Safety Code Section 113758(a), as may be amended from time
to time, is permitted in the zones enumerated in Section 18.40.040(C)(1)
subject to the procedures and requirements of this article.
A. An
application shall be filed on a form prescribed by the city and shall
include, but not be limited to, the following:
1. The
applicant name, household member names and address. Name, address
and contact information for the property owner, landlord, homeowners'
association or management company, as well as the signature to consenting
to the use;
2. A
copy of the "Self Certification Checklist" registration for a Class
A operation or a Class B permit issued by the Los Angeles County department
of public health environmental health division;
3. Name
of each individual involved and/or employed, whether they are a family
member of the operator and the number of vehicles registered to the
address and license plate number;
4. Statement
of whether the proposed use will involve "direct sales" known as a
Class A Permit or "indirect sales" known as a Class B Permit as those
terms are defined in the California
Health and Safety Code Section
113758(b) as may be amended;
5. Frequency
of loading and deliveries and anticipated consumer or third party
retailer visits to the subject residence;
6. A
scaled site plan showing: (a) location of all the structures on-site,
(b) all vehicle parking spaces for the home or complex, (c) all delivery
and/or loading areas, (d) the location of streets and property lines,
driveway, pedestrian walkways, etc.;
7. A
scaled floor plan showing: (a) all rooms for structures on-site, (b)
areas registered and/or permitted by Los Angeles County department
of public health environmental health division for cottage food preparation,
packaging and related exclusive storage, (c) all doors and exits,
(d) location of fire extinguishers, etc.;
8. Applicant
shall pay a processing fee as established by resolution of the city
council.
B. Action of Zoning Administrator. Within sixty days after submittal of a complete application and fee as required by this section the zoning administrator shall approve, approve in modified form, or deny the application in compliance with the authority and requirements set forth in California
Government Code Section 51035, as may be amended from time to time. The zoning administrator shall grant the cottage food operations permit if the proposed cottage food operation, as applied for or as modified, complies with the standards set forth in this article. Notwithstanding the foregoing, the zoning administrator, in his or her discretion may condition approval of the use upon the cottage food operation's compliance with any additional reasonable standards related to spacing and concentration, traffic control, parking or noise which the zoning administrator, in his or her sole discretion, deems necessary to mitigate the impact of the proposed use on the surrounding residential neighborhood. The decision of the zoning administrator shall be in writing and supported by reasonable findings. Any action of the zoning administrator may be appealed to the planning commission pursuant to Chapter
18.64 of this code.
(Ord. 1085 § 4, 2014)
Per the California
Health and Safety Code Section 114365, an
initial and no more than one annual inspection may be conducted for
a Class B operator that conducts indirect sales. A Class A operator
shall not be subject to initial or routine inspections. An inspection
may be conducted for any cottage food operation on the basis of a
consumer complaint, reason to suspect that adulterated or otherwise
unsafe food has been produced by the cottage food operation or that
the cottage food operation is in violation.
(Ord. 1085 § 4, 2014)
A permit to operate a cottage food operation obtained under
this section is revocable at any time by the zoning administrator
if any of the following conditions exist:
A. That
the condition of the cottage food operation permit or provision for
this chapter has been violated.
B. That the cottage food operation has become detrimental to the public health or safety, or constitutes a nuisance as designated in Chapter
8.16 of this code.
C. That
the permit was obtained in a fraudulent manner.
D. That
the cottage food operation no longer maintains a valid Class A or
Class B permit.
The zoning administrator shall provide the permit holder with
at least ten days' prior written notice of the grounds for the proposed
revocation. Within ten days of receipt of the notice of revocation
the permit holder may request a hearing before the zoning administrator
to contest the revocation of the permit. Upon the receipt of a request
for hearing, the zoning administrator shall schedule a hearing with
the permit holder within a reasonable time. Within fifteen days after
the hearing the zoning administrator shall issue a written decision
to the permit holder. The decision shall be supported by findings.
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(Ord. 1085 § 4, 2014)
Appeals. Any final action of the zoning administrator made under this article may be appealed pursuant to Chapter
18.64 of the Pico Rivera Municipal Code.
(Ord. 1085 § 4, 2014)