CITY COUNCIL AGENDA ITEM
Meeting Date: October 26, 2004
Subject/Title: Second Reading and adoption of the Amendment of the Home
Occupation Use Permit Provisions of the Zoning Ordinance.
Prepared by: Tim Nielsen, Planning Technician
Submitted by: Howard Sword, Economic Development Director
Waive second reading and adopt Ordinance No 785 to amend the Home Occupation
Use Permit Provisions of the Zoning Ordinance.
On October 12, 2004, the City Council approved the first reading of
Ordinance No. 785.
On October 12, 2004 the City Council waived the first reading and introduced
the Ordinance. The changes requested by City Council at the public hearing
have been made and are reflected in the attached Ordinance.
Clarification and modification of the Code will result in greater economic
development opportunities through home occupations, which could generate
ORDINANCE NO. 785
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING SECTION
17.840 OF THE BRENTWOOD MUNICIPAL CODE WHICH ESTABLISHES REGULATIONS FOR
HOME OCCUPATION PERMITS.
WHEREAS, the Municipal Code in Section 17.840 contains provisions for the
regulation of home occupation uses; and
WHEREAS, it is the City's goal to encourage and facilitate economic
WHEREAS, home occupation permit provisions of the Municipal Code provide
parameters to conduct certain limited businesses; and
WHEREAS, there are several minor changes that need to be made to the
ordinance, in order to improve the clarity and ease future interpretation of
the ordinance; and
WHEREAS, on June 1, 2004, the Planning Commission directed staff to process
an amendment of the Municipal Code provisions for home occupation permits;
WHEREAS, on August 17, 2004, the Planning Commission held a public hearing
on the proposed amendment to Section 17.840 of the Municipal Code and
adopted a resolution recommending to the City Council that Section 17.840 of
the Brentwood Municipal Code be amended; and
WHEREAS, at the meeting of September 28, 2004 this item was continued to the
meeting of October 12, 2004; and
WHEREAS, this action has been reviewed per the California Environmental
Quality Act (CEQA). Pursuant to Section 15061(a)(3) of CEQA this activity is
covered by the general rule that CEQA applies only to projects that have the
potential for causing a significant effect on the environment. Where it can
be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is
not subject to CEQA; and
WHEREAS, a Notice of Public Hearing was legally advertised in the Brentwood
News according to City policies and Government Code Section 65091; and
WHEREAS, the City Council held a public hearing on the proposed amendment on
October 12, 2004, for the purpose of reviewing this code amendment and the
staff recommendations; and
WHEREAS, after close of the public hearing, the City Council considered all
public comments received both before and during the public hearing, the
presentation by City staff, the staff report, the recommendations, and all
other pertinent documents and associated actions regarding the proposed
ordinance amendment; and
WHEREAS, the City Council of the City of Brentwood makes the following
finding per the Brentwood Municipal Code associated with this amendment:
This amendment is consistent with the General Plan and other applicable City
plans, and is appropriate to the public interest in helping to support
economic development and civic and cultural events.
NOW, THEREFORE, the City Council of the City of Brentwood hereby amends
Section 17.840 of the Brentwood Municipal Code as follows:
(Deleted text stricken added text underlined)
HOME OCCUPATION USE PERMIT
17.840.001 Title and purpose of provisions.
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 homes.
17.840.002 Applicability of provisions.
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.
17.840.003 Home occupation defined.
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
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 other 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.
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 zoning
administrator Community Development Director shall deny, approve or
conditionally approve the application.
17.840.006 Conditions of approval.
A. The home occupation shall be conducted entirely within the dwelling unit
or an a legal accessory structure building located on the property and
comprise no more than 20% 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 zoning administrator 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 planning
director 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 if applicable
and a time limit which for the initial approval shall not exceed one year
and for subsequent renewals shall not exceed three years.
F. A time limit which for the first year shall not exceed one year and for
subsequent renewals shall not exceed three years.
17.840.007 Uses prohibited.
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. Real estate or similar Business offices or retail uses where a client
typically goes to the office or retail establishment to conduct business;
E. T.V., radio or appliance repair at the location of the home occupation,
other than repair of small hand-held tools or appliances;
F. Cabinet shop, furniture manufacture, upholstery repair or similar uses
requiring the use of electric saws, joiners, air compressors and similar
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.
H I. Bicycle, lawn mower or small engine repair or maintenance;
I J. Welding, use of paint sprayers, compressors, etc;
J K. Other uses which the planning director Community Development Director
determines to be inappropriate or incompatible within a residential
17.840.008 Activities prohibited.
The following activities shall be prohibited in conjunction with any home
A. The employment within the home of any person, other than an inhabitant of
B. The use of more than one room or the equivalent of 20% 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 stock in trade in stock;
E. The generation of vehicular or pedestrian traffic in excess of that
associated with the residential use, except as provided in Section
F. Creation of any radio or television interference or creation of any noise
greater than the noise performance standards established in Section
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
I. Any commercial retail sales on the premises;
J. The storage or use of commercial vehicles for delivery to or from the
premises, other than a 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.
17.840.009 Exception for teaching, counseling, or instructional activities.
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. Hours of operation are limited to 7 a.m. to 8 p.m., Monday through
Friday, and 8 a.m. to 8 p.m. on Saturday and Sunday, unless limited further
by conditions placed upon the hours of operation as allowed in Section B
B. 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.
C. The Brentwood Noise Ordinance (Section 9. 32) must, without exception, be
fully complied with.
D. 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.
17.840.009 010 Appeal.
Action of the zoning administrator Community Development Director may be
appealed pursuant to Chapter 17.880.
THE FOREGOING ORDINANCE was introduced with the first reading waived at a
regular meeting of the Brentwood City Council on the 12th day of October
2004 and was adopted at the regularly scheduled meeting of the Brentwood
City Council on the 26th day of October, 2004 by the following vote: