COUNCIL AGENDA REPORT TOWN CODE AMENDMENT A HOME OCCUPATIONS

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1 OWM F MEETING DATE: 12/ 15/ 15 ITEM NO: 08`c0s DESK ITEM COUNCIL AGENDA REPORT DATE: DECEMBER 15, 2015 TO: MAYOR AND TOWN COUNCIL ( FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: TOWN CODE AMENDMENT A HOME OCCUPATIONS AMENDMENTS. ADOPT ORDINANCE AMENDMENTS TO SECTION OF CHAPTER 29 ( ZONING REGULATIONS HOME OCCUPATIONS) OF THE TOWN CODE TO INCLUDE COTTAGE FOOD INDUSTRY BUSINESSES AND ADDITIONAL PROHIBITED HOME OCCUPATION USES. A Councilmember identified corrections to the draft ordinance which were primarily grammatical. One correction deletes the words " and services" from sentence pertaining to the prohibited retail sales of firearms, ammunition, and/ or destructive devices. Attachment 2 contains a redline update of the ordinance documenting these modifications. Attachment previously received with December Staff Report: 1. Ordinance amending Chapter 29 ( Zoning regulations Home Occupations) of the Town Code Attachment provided with this Desk Item: 2. Redline ordinance amending Chapter 29 ( Zoning regulations Home Occupations) of the Town Code PREPARED BY: JOEL PAULSON, Interim Community Development Director VIL Reviewed by: UU.,-Assistant Town Manager IAP Town Attorney 5 \Home Occupation - $ econd[ A ] Desk Item. docx

2 ORDINANCE NO. ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION OF THE LOS GATOS TOWN CODE TO ALLOW COTTAGE FOOD INDUSTRY BUSINESSES AS HOME OCCUPATION BUSINESSES AS REQUIRED BY ASSEMBLY BILL 1616 AND TO INCLUDE ADDITIONAL PROHIBITED HOME OCCUPATION USES WHEREAS, the Town Council of Los Gatos seeks to implement AB 1616 to allow cottage food industry businesses as home occupation businesses; and uses; and WHEREAS, the Town Council wishes to include additional prohibited home occupation NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I Los Gatos Town Code is hereby amended to read as follows: See Home occupations. a) Scope. Home occupations are allowed in any dwelling in any zone, even if the dwelling is nonconforming, subject to the following regulations: 1) No premises shall be used for a home occupation unless the user has a home occupation permit. 2) There shall be no employees other than members of the resident family. 3) There shall be no materials or mechanical equipment used which are not such as would be employed in normal household or hobby activities. 4) The home occupation shall not involve the presence of more than ( 1) customer on the premises at any time. 5) The home occupation shall not cause pedestrian or vehicular traffic or the parking of vehicles either on the premises or on public or private streets or sidewalks adjacent to the premises in numbers or volumes which exceed that which is usual in the Town at comparable places of residence where there is no home occupation. 6) There shall be no use of commercial vehicles for delivery of materials to or from the premises. 7) There shall be no storage of materials or supplies indoors or outdoors in a manner which is visible from adjacent premises or public ways. 8) There shall be no advertising sings or structures. ATTACHMENT 2

3 9) The home occupation shall not be conducted in such a way as to decrease the total number of required or available off - street parking spaces for the premises. 10) Cottage food operations are allowed as home occupations so long as the cottage food operations are in compliance with the requirements for those operations contained in the California Government Code and with the California Health and Safety Code, as amended. Cottage food operations are limited to the registered or permitted area by the County of Santa Clara Department of Environmental Health. 11) The home occupation shall not alter the single - family residential character of any portion of the premises. 12) The home occupation shall not result in the emission of noise, dust, smoke, odor or radiation which results in interference with radio or television reception. 13) The foregoing subsections ( 2) through ( 14) expressly prohibit acts and conditions, are not an exclusive listing of the limitations on the conduct of home occupations, and no home occupations shall be conducted in a manner inconsistent with the definition of home occupation" set out in section of this Code to the effect that the use shall not be discernible from the exterior of the dwelling unit. b) Statement. The Planning Director may, before issuing a permittee, require that each applicant sign a statement certifying that the home occupation will comply with the provisions of the definition of "home occupation" in section and subsection ( 1) of this section, but is not required to rely on such statement, and may make such investigation as the Planning Director deems necessary to determine whether the home occupation will be conducted in compliance with this section. c) Denial. The Planning Director shall not issue a home occupation permit where the Planning Director finds that the home occupation will not comply with the provisions of the definition of "home occupation" in section and subsection ( 1) of this section. d) Investigation. The Planning Director shall revoke any home occupation permit when this chapter or a condition of the permit is violated. e) Revocation. Before revoking a home occupation permit, the Planning Director shall give the permittee ten ( 10) days' notice in writing that revocation is under consideration, shall consider whatever evidence the permittee wishes to present to contest the revocation, and shall give permittee written notice of the decision. Both notices shall be mailed to the address given by the permittee in the application e for the home occupation permit or such other address as the permittee has provided the Planning Director. i) Prohibited Uses. The following uses are prohibited: 1) Retail sales of firearms, ammunition and/ or destructive devices And 2) Medical offices /uses. 2

4 3) Contractor /contracting services which have crews that meet on site prior to traveling to another job site, or which requires the storage ofbuilding materials or equipment on site, or which will park or store vehicles or construction equipment on site. 4) On -site dining for cottage food operations. 5) Food catering, excluding cottage food operations that are allowed under and fully comply with the requirements therefore contained within the California Government Code and the California Health and Safety Code, together with applicable regulations is promulgated thereunder, as amended. SECTION II The Town Council finds and determines that the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines under the General Rule [ Section 15061( b)( 3)], which sets forth that the CEQA applies only to projects which have the potential for causing a significant effect on the environment. It can be seen with certainty that the proposed Town Code text amendments will have no significant negative effect on the environment. SECTION III If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This Town Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. SECTION IV Except as expressly modified in this Ordinance, all other sections set forth in the Los Gatos Town Code shall remain unchanged and shall be in full force and effect.

5 SECTION V This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen ( 15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen ( 15) days after adoption by the Town Council and a certified copy shall be posted in the office of the Town Clerk, pursuant to GC 36933( c)( 1). COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 0