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ORD 029 ORDINANCE NO. 29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE CITY'S ZONING ORDINANCE BY ADDING THERETO REGULATIONS RELATING TO HOME OCCUPATIONS. The city council of the City of La Quinta, California, does ordain as follows: SECTION 1. Riverside County Ordinance No. 348 (which was adopted by reference by this city council by Ordinance No. 5, operative August 29, 1982) hereby is amended by amending SECTION 21.36 thereof defining home occupations, and by adding thereto a new section, to be numbered SECTION 18.42, to read, respectively, as follows: SECTION 21.36. HOME OCCUPATIONS. A home occupation is a business use which is customarily conducted in a residence, provided that such use is clearly incidental and secondary to the principal use of the dwelling as a residence and that the business use does not change the character of the dwelling or adversely affect any other dwelling or the environment in the vicinity. A home occupation may be engaged in provided that it is conducted in compliance with the criteria and requirements set forth in Section 18.42. SECTION 18.42. HOME OCCUPATIONS. A home occupation as defined in Section 21.36 may be engaged in provided that it is conducted in compliance with the criteria set forth in this Section 18.42, that a permit has been obtained and remains in effect in accordance with this section, and that a business license has been obtained as and if required by Chapter 3.28 of the La Quinta Municipal Code. (a) Criteria and Conditions. (1) No one other than the resident of the dwelling shall be employed on the premises in the conduct of the home occupation. (2) The home occupation shall be conducted entirely within the enclosed area of the main building and shall not occupy more than 25 percent of the total area of the structure. (3) A home occupation shall not be conducted within an accessory structure. There may be storage of equipment or supplies in an accessory structure. Garage space may be used for the conduct of a home occupation only when it does not interfere with the use of such space for the off-street __ parking of vehicles required by Section 18.12 of this zoning ordinance. (4) There shall be no outdoor storage or display of equipment, machinery, supplies, materials or merchandise. ORDINANCE NO. 29 (b) Procedure. (1) ApplicatiOns. An application for maintaining a home occupation shall be filed with the Planning Department on forms provided by the department. Anyone desiring to make a formal application for a home occupation shall include the following information: a. The location and address of the proposed occupation; b. The nature of the home occupation; and c. Any additional information requested by the Director of Community Development. (2) Filing Fees. When the application for a home occupation is filed, a fee of Thirty-five and No/100ths ($35.00) Dollars shall be paid to the City for the purpose of defraying the costs incidental to the proceedings. (3) Review and Investigations: Decisions. The Community Development Director shall review the ._ application, shall consult with those departments of the City which might have interest in, or jurisdiction over, some phase of the proposed occupation, shall make any necessary investigation, and shall grant or deny a permit therefor in accordance with findings whether the conditions and criteria set forth in subsection (a) of this section are met. The permit, if granted, shall specifically identify the occupant as permittee and describe the nature of the home occupation thereby allowed. Home occupation permits shall not be transferable by the designated permittee to any other person. (4) Decisions Final. The decision of the Director shall be final and shall become effective ten (10) days after the date of the decision, unless an appeal is filed with the Commission. (5) Appeals. Any person or body, public or private, may appeal the decision of the Director to the Commission. Such appeals shall be filed with the Planning Department within ten (10) days after the date of the decision of the Director. Upon the request of such an appeal, the Director shall place the matter for consideration on the agenda of the first regular meeting of the Commission following ten (10) days' written notice to the appellant and/or the applicant. ORDINANCE NO. 29 (5) There shall be no sales activity, either wholesale or retail, except mail order sales, nor shall there be the maintenance of an office open to the general public. (6) There shall be no more than a one-day's supply of hazardous materials stored on the premises at any given time (i.e., pool chlorine, paint thinner, etc.). (7) There shall be no dispatching of persons or equipment to or from the subject property, including the use of commercial vehicles which operate to and from the premises. (8) No vehicles or trailers except those normally incidental to residential use shall be stored or parked on the site. (9) There shall not be involved the use of commercial vehicles for. delivery of materials or items to or from the premises, other than a vehicle not to exceed a rated one-ton capacity. -- (10) There shall be no use of any mechanical equipment, appliance or motor outside of the enclosed building or which generates noise detectable from outside the building in which it is located. (11) There shall be no signs or other devices identifying or advertising the home occupation. (12) In no way shall the appearance of the building or lot be so altered, or the home occupation be so conducted, that the lot or building may be reasonably recognized as serving a nonresidential use (either by color, materials, construction, lighting, sounds, vibrations, etc.). (13) No home occupation shall create a nuisance by reason of noise, odor, dust, vibration, fumes, smoke, electrical interference, traffic or other causes. (14) The use shall meet reasonable special conditions established by the Community Development Director and made of record in the home occupation permit, as may be deemed necessary to carry out the intent of this section. ORDINANCE NO. 29 (6) The decision of the Commission on an appeal shall be final and not subject to further appeal to the City Council. (7) At such time as a home occupation permit has been granted, the Director shall notify the License Department of such fact, stating in such notifica- tion the effective date of the permit. (c) Annual Reviews. All home occupation permits granted pursuant to this section shall be reviewed annually by the Director in order to ascertain whether or not all the conditions and criteria set forth in subsection (a) of this section are being met and complied with at all times. If, at the time of such annual review or at any other time, it is found that any of such condi- tions and criteria are not being met and complied with, the permit may be revoked by the Director after the permittee has been given five (5) days' written notice of the City's intention to do so, and has been afforded the opportunity for a due process hearing by the Director or the Director's designee. Any such revocation is subject to appeal as provided in subsections (b)(5) and (b)(6) above. SECTION 2. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. POSTING. The City Clerk shall within 15 days after passage of this ordinance, cause it to be posted in at least the 3 public places designated by resolution of the City Council; shall certify to the adoption and posting of this ordinance; and shall cause this ordinance and its certification, together with proof of posting, to be entered in the book of ordinances of this City. The foregoing ordinance was approved and adopted at a meeting of the City Council held on this 3rd day of May , 1983, by the following vote: AYES: Council Members Allen, Cox, Henderson and Mayor Baier. NOES: None. ABSENT: Council Member Wolff. ~~l~ . MAYOR APPROVED AS TO FORM: APPROVED AS TO CONTENT: I hereby certify that the foregoing ordinance was adopted by the City Council of the City of La Quinta, California, at a meeting held May 3, 1983, and that the Ordinance was posted in at least the three public places specified for such postings by the City Council.