Chapter 8.64
HOME OCCUPATIONS REGULATIONS

8.64.010 Purpose and Intent.

The purpose of this Chapter is to allow Home Occupations for the gainful employment of the occupant of a dwelling in a limited commercial activity, with such employment activity being incidental and subordinate to the residential use of the property. The intent of this Chapter is to ensure that Home Occupations are compatible with, and do not change the character of, the surrounding residential area by generating more traffic, noise, odors, visual impacts, or storage of materials than would normally be expected in a residential zoning district. Rev. Ord. 25-14 (December 2014)

8.64.020 Business License Required.

Business licenses are required for Home Occupations which are permitted as accessory uses in all residential zoning districts. No Home Occupation may be conducted until a Business License is issued pursuant to Chapter 4.04 (Business Registration). Rev. Ord. 25-14 (December 2014)

8.64.030 Limitations on Use.

A Home Occupation shall conform to the following limitations on use:

A.    Accessory Structure/Temporary Structure. No Home Occupation may be conducted within an Accessory Structure or a temporary structure, except for detached offices, studios, or workshops used to carry on administrative or artistic activities of a commercial nature. Rev. Ord. 1-04 (January 2004)

B.    Appearance of the Residence. The Home Occupation shall not alter the external appearance of the residence.

C.    Construction Equipment/Work Vehicles. No construction equipment or work vehicles such as plumbing vans, electronic repair vans, or similar equipment or work vehicles (except a Company Vehicle permitted by subsection E of this section), as determined by the Director of Community Development, shall be stored which is used by the occupant of the residence or his/her employees in connection with a Home Occupation. Rev. Ord. 20-06 (November 2006)

D.    Codes/Laws/Regulations. A Home Occupation shall conform to all applicable codes, laws and regulations of the City, County, State and Federal governments.

E.    Company Vehicle. One company vehicle (a truck, van, or automobile only) no larger than 3/4 ton in capacity, unless otherwise approved by the Community Development Director, may be parked in a residential zoning district and used by the occupant directly or indirectly in connection with a Home Occupation. The company vehicle may have a company name and/or logo adhered to it. The company name and/or logo shall not exceed 9 square feet per side of the vehicle and shall not be used as a sign platform for the sole purpose of advertising, or attracting people to, the Home Occupation. Rev. Ord. 16-02 (October 2002)

F.    Emergency Shelters and Transitional Housing. No Home Occupations of any nature shall be permitted to operate in an established Emergency Shelter or Transitional Housing unit. Rev. Ord. 25-04 (October 2004)

G.    Employees. No Home Occupation shall permit employees who do not reside in the home to gather at, or work from, the home.

H.    Equipment/Appliances/Storage of Materials of Nonresidential Nature. There shall be no installation of equipment or appliances or storage of materials of a nonresidential nature in a residence or Accessory Structure, as determined by the Director of Community Development.

I.    Fire Safety/Occupancy. Activities conducted, and equipment or material used, as part of a Home Occupation shall be restricted to residential occupancy classifications as set forth in the Building Code. The Home Occupation shall not reduce the fire safety classification of a residence or an accessory structure, or employ the storage of flammable, explosive, or hazardous materials unless specifically approved by the Alameda County Fire Department. Rev. Ord. 1-04 (January 2004)

J.    Incidental and Subordinate Use. A Home Occupation shall be incidental and subordinate to the residential use of the property.

K.    Indoors/Limited to One Room. The Home Occupation, with the exception of swimming instruction, shall be conducted entirely indoors. The Home Occupation shall be limited completely to one room located within the residence, an accessory structure, or the garage so long as the Home Occupation does not occupy a required parking space of the residence. Rev. Ord. 1-04 (January 2004)

L.    Merchandise for Sale, Lease or Rent, or Services Provided. No merchandise or goods shall be sold, leased or rented from the premises if the sale, lease or rental requires the customer to visit the premises for delivery. No services shall be provided from the premises if the service requires the customer to visit the premises for the service provided (except Students permitted by subsection S of this section).

M.    Nuisances. No Home Occupation shall create or cause traffic, noise, dust, light, vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, electrical interference, or other hazards or nuisances beyond those normal for a residential area or which may be perceptible at or beyond the lot line as determined by the Director of Community Development.

N.    Outdoor Storage/Display. There shall be no outdoor storage or display of merchandise, equipment, appliances, tools, materials, or supplies associated with a Home Occupation.

O.    Parking. No vehicle used for a Home Occupation shall occupy a required parking space of a residence unless the vehicle also serves as the day-to-day personal vehicle of the individual conducting the Home Occupation. One off-street parking space shall be provided for a vehicle used exclusively for the Home Occupation.

P.    Rented Property. If the Home Occupation is to be conducted on rental property, written authorization to conduct the home occupation on the premises shall be obtained from the property owner or property manager and submitted to the City when applying for a Business License. Rev. Ord. 1-04 (January 2004)

Q.    Signs. There shall be no advertising sign, window display, or other identification of the Home Occupation on the premises other than a house number and nameplate as permitted by Section 8.84.140.D, House Numbers and Name Plates.

R.    Storage. The storage of equipment, materials, wastes, and other items needed for, or produced by, the construction, landscaping, or service trades is prohibited.

S.    Students. No more than two students may be given instruction in music, academics, dance, swimming, or other subjects as determined by the Community Development Director in a residence at one time. No students may be given instruction between the hours of 9:00 p.m. and 8:00 a.m.

T.    Vehicular Trips/Delivery Trips. No Home Occupation shall generate more than five additional pedestrian or vehicular trips per day. No Home Occupation shall generate more than two delivery trips per day and no deliveries shall be made between the hours of 9:00 p.m. and 8:00 a.m. Rev. Ord. 25-14 (December 2014); Rev. Ord. 9-03 (July 2003)

8.64.040 Prohibited Home Occupations.

The following Home Occupations are in violation of the Purpose and Intent and/or the Limitations on Use section, and are prohibited:

A.    Adult Businesses Establishments.

B.    Personal Services (excluding tutoring).

C.    Carpentry or cabinet making.

D.    Dance or night club.

E.    Fortune telling.

F.    Grooming, breeding, boarding (day or night), training or raising of dogs, cats, or other animals.

G.    Medical and dental offices, clinics, and laboratories.

H.    Mini-storage.

I.    Repair (body or mechanical) or reupholstering of vehicle not owned by the resident. (Note: painting of motorized vehicles or the repair and maintenance of any tractor trucks or semi-trucks is prohibited in any residential zoning district by Section 8.40.030.E.8, Accessory Structures and Uses Regulations.)

J.    Repair Shops (of appliances, electronic equipment, furniture, and similar items as determined by the Director of Community Development), Fix-it shops, or plumbing shops.

K.    Eating and Drinking Establishments.

L.    Welding and machining.

M.    Other. Any other Home Occupations, as determined by the Director of Community Development, as being in violation of the Purpose and Intent of this Chapter or the Limitations of Use section. Rev. Ord. 25-14 (December 2014)

8.64.050 Exclusions.

The following uses are excluded from regulation under this Chapter:

A.    Cottage Food Operations. Cottage Food Operations are subject to the provisions of Chapter 8.65 (Cottage Food Operations).

B.    Large Family Day Care Homes. Large Family Day Care Homes are subject to the provisions of Chapter 8.66 (Large Family Day Care Homes). Rev. Ord. 25-14 (December 2014)

8.64.060 Violation.

Any violation of the regulations of this Chapter is subject to enforcement pursuant to Chapter 8.144 (Enforcement) and Chapter 4.04 (Business Registration). Rev. Ord. 25-14 (December 2014); Rev. Ord. 1-04 (January 2004). Formerly 8.64.050