HomeMy WebLinkAbout1976-09-07; City Council; 3758; Home Occupations Raising of WormsCITY OF.CARLSBAD
A6E.RDA BILL NO.
DATE; September 7, 1976
DEPARTMENT:' ' PLANNING
Initial:
_Dept. Hd.
City Atty
City Mgr.
SUBJECT:
(ZCA-81)
HOME OCCUPATIONS - AB-3555
RAISING OF WORMS - AB-3557
Statement of the Matter
On December 16,-1975, Councilwoman Casler introduced AB-3555 idicating
complaints have been made concerning business or commercial activities
being operated out of homes in residential zones. AB-3555 further states
that the applicable City codes were vague and in need of revision. The
City Council then instructed Staff to prepare a report on how other
cities handle home occupations.
On January 20, 1976, Mr. Zuranski asked the City Council to provide a
means to permit commercial raising of worms in residential zones.
City Council instructed Staff to study the problems of worm propagation
in residential zones and its relation to greenhouses and report-back
with the staff report for home occupations..
Upon review, the problem with some semi-permanent garage sales was
encountered and therefore has been added.
Staff has completed these reports and has developed an outline for a
zone code amendment that will update home occupations and provide for
the administration of worm raising, and provide for administration of
garage sales.
Exhibit:
Memorandum to City Manager from Planning Staff dated August 20, 1976
Los Angeles Times article
Outline of proposed Home Occupation Report, Exhibit "C", August 20, 1976.
Recommendations: .
If the City Council is satisfied with the general concent of the proposed
Home Occupation Ordinance, it is recommended that Staff be directed to
draft appropriate ordinances and return for City Council review. .
Council Action;
9-7-76 The City Attorney was instructed to prepare a sample Resolution regarding
Home Occupations and the Planning Staff directed to prepare a report regarding
a time element for the purpose of phasing out Worm Farms in the City of
Carlsbad.
c
MEMORANDUM
August 20, 1976
TO: CITY MANAGER, CITY OF CARLSBAD
FROM: CARLSBAD PLANNING DIRECTOR
SUBJECT: AB-3555 - STUDY ON HOME OCCUPATIONS
AB-3572 - RAISING OF WORMS
The City Council directed Staff to do studies regarding the subject
topics and combine the reports so they could be discussed together.
The study results are as follows:
HOME OCCUPATION (AB-3555)
The present provisions in Title 21 far home occupations contain
criteria to protect the residential character in "R" zones. The
provisions are as follows:
"Maintaining mail address for commercial and business lic-
ense purposes only, provided no stock in trade, supplies,
professional equipment, apparatus or business equipment except
such as are accessory to a permitted use are kept on the
premises, and provided that no employees or assistants are
engaged for services on the premises except in connection with
uses specifically listed as permissible in this article,
provided further, that one motor vehicle together with the
equipment, tools and stock in trade maintained therein where
such motor vehicle is used as a means of transportation by the
resident of the premises, and further provided, that such tools
or equipment are not used for the performance of services
upon the premises and the stock in trade is not sold from the
premises."
However, these provisions are difficult to interpret and regulate.
On the surface they appear to prohibit nearly all forms of home
occupations except those using a vehicle that contains tools. Furthermore,
since most businesses have some form of storage supplies or equipment,
most businesses would be denied a home occupation, if the provisions
are taken literally. In reality what happens is the applicant for
home occupations simply claims that his equipment is that which is
found in a home; i.e.: adding machines, table saws and a host of
other equipment used by home owners and hobbyists.
Presently home occupations are permitted in residences in the E-A,
R-A, R-l, R-2, R-3 and R-P zones and omitted from R-3L, R-T, R-W,
RD-M and C-LR zones. Home occupations have been omitted in the P-C
zone, except P-C zones that conform to the new revised P-C provisions.
Staff surveyed how other cities in the County handle home occupations
and reviewed a recent study prepared by the American Society of Plan-
ning Officials (ASPO). We found that the City of San Diego is also
in the process of amending their provisions and their draft is based
on the ASPO recommendations. Staff believes that the method proposed
in San Diego is appropriate and superior to our present method.
Generally, the San Diego Ordinance contains a list of operational
regulations that control such things as traffic, signs, mechanical
equipment, etc. The purpose of these regulations is to ensure that
home occupations are utilized only as accessory uses incidental to
the primary residential use of the property. The proposed San Diego
process would be administered through the issuance of a "Home Occupa-
tion Permit" signed by the zoning administrator.
The proposed ordinance in San Diego is presently within the hearing
process and its adoption is anticipated in late August and to be effec-
tive in October. This ordinance is general by giving the basic frame-
work for home occupations. The actual administration of the ordinance
is presently being prepared by the San Diego Zoning Administration.
These administrative guidelines will be'adopted by administrative
order. This will give the flexibility necessary to administer the great
variety of home occupation requests and activities.
The City of El Cajon defines a home occupation as an "occupation law-
fully conducted within a dwelling by an inhabitant of such dwelling,
except that no name plate or sign designating said occupation shall be
displayed in connection therewith". The definition then goes on to
prohibit certain uses such as merchadising where commodities are stored
on the premise, beauty and barbor shops, food handling, professional
service, etc. The administration of the regulations is handled by
normal business license processing.
The cities of Escondido and Chula Vista have been using a process
similar to that proposed for the City of San Diego. The City of Vista
uses a process, not defined by ordinance, that is also similar. The
other cities that we contacted use a process like our present one; i.e.
review of business licenses for zoning compliance.
Home occupation in Carlsbad are processed through the normal business
license procedures. An applicant applies to the City Clerk for a busi-
ness license; the Clerk sends an inspection request to the Departments
of Fire, Building, and Planning; these departments respond with require-
ments, approval or denial; if approved the business license is issued.
If the license is requested for an address in a residential zone (home
occupation) the Planning Staff determines if it is a permitted home
occupation. If it is the applicant is requested to complete a form
indicating that they are aware that the license is for a home occupation
and operations and activities are limited. This is attached to the
application for business license.
Home occupations are a relatively minor proportion of business licenses.
Presently, there are 80 home occupations among over 1700 business
licenses in the entire City. The City Clerk has indicated that the
process appears to function adequately presently and if improvements
are made they should be in clarifying the uses permitted as home occu-
pations and their limitations.
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WORM RAISING (AB 3572)
The City Council directed Staff to study the problem of worm raising
and to determine its relationship to home occupations and greenhouse
provision.
The basic concern of worm farm operations is the potential creation
of obnoxious odors and attraction of flies. Under proper controls,
such as periodic inspection by the County Health Department repre-
sentative, these problems can be kept to a minimum.
Staff feels that worm farms should be classed as an animal husbandry
operation and permitted in the appropriate agricultural zones. Worm
farms in residential zones can properly be reviewed and controlled
by CUP similarly to greenhouses with limitations on size and distances
from property Line and buildings.
GARAGE SALES/YARD SALES:
In the review of these matters the City Clerk mentioned a problem with
garage sales. This activity is very popular and is an acceptable
method for citizens to exchange household or personal material or
equipment on a casual basis. The problem occurs when a garage sale
becomes a semi-permanent operation.
Evidently* this has occured in Carlsbad and is the cause of some neigh-
borhood concern. It appears that these semi-permanent garage sales
actually bring in merchandise from outside the home and operate basi-
cally as a second hand store.
Garage sales are not exactly the same as home occupation in that there
is the sale of merchandise, they normally are for a short duration and
a business -1icense is not required. However, they do occur in residen-
tial areas and should be considered as part of this study even though
they may be handled separately in any proposed regulation.
EXHIBIT "C", 8/4/76
The attached Exhibit "C" is Staff's suggested outline of an ordinance
amendment that provides regulations on home occupations. This outline
is based on the proposed ordinance of San Diego City and reflect the
latest thinking on how to regulate home occupations.
Generally, this method provides for formal processing of home occupa-
tion permits prior to requesting business licenses. This formal proces-
sing is desirable to give more in depth review of each request and give
the procedures for approvals, denials, appeals, hearings and revocations
A clarification of the limitation of home occupation is also provided.
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The negative aspect is that there is added processing with the permit,
If the City Council feels that the present method of processing is
adequate the proposal can easily be modified to delete the rela-
tively formal processing procedure. The end result would then be an
ordinance amendment providing for a better definition of home occupa-
tion, clarification of uses and limitation of activities control of
worm raising, and administration of garage sales.
OAA:BPP:MZ:mdp:cs
Attachments: Exhibit "C", 8/4/76
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EXHIBIT "C"
August 4, 1976
OUTLINE OF HOME OCCUPATION REGULATIONS:
1• Defini ti on: Develop a definition for home
sory use in a dwelling for employment of a
disruptive to the residential character of
occupation as an acces-
resident that is not
the neighborhood.
Issuance of Home Occupation Permits: Staff suggests developing a
generalguideline for issuance of home occupations instead of a
list of specific uses. The reason for this is:
a. A list of uses can be very long and still not cover all of the
possibilities. In a list of this nature a use not listed is
considered prohibited. Because of omission the regulations
become arbitrary and have little relationship to the purpose of
the ordinance.
b. By establishing guidelines for approval the request for home
occupations is considered as its effect on the residential
character of the neighborhood. The guidelines will contain
provisions for automatic appeal of Planning Director decision
to the Planning Commission.
c. The guideline will include a process that permits the Planning
Director to administratively issue a permit if no problems are
foreseen, submit application for public hearing to the Planning
Commission if there is the possibility for problems, or deny
application if it is determined that there will be problems. A
denial may be appealed to the Planning Commission.
3. Prohibited Home Occupation: Certain activities will be expressly
'handling of food products, storage of con-
etc.
prohibited, such as,
struction material and equipment,
Operati onal^ Regulati ons: To insure that the home occupation is
not disruptive to the residential character of the neighborhood a
set of operational guidelines will be established. Generally, they
are:
a .
b.
c.
d.
Limitation on equipment usage, for example, only domestic
mechanical equipment less than 2 hosepowers each or 6 horse-
powers total.
Limitation of sale of products, for example, only products
produced or raised on the premises.
No signs.
Limitation of
ton or less.
vehicles, for example, limited the size to one
e. No employment other than residents.
f. Limitation on storage, for example, no outdoor storage with a
limit of 1000 cubic feet of indoor storage.
g. Limitation on where occupation is conducted, for example, not
in yards or garages.
h. Retain all required off-street parking.
i. Performance standards, this will be a general statement.
j. Need a business license.
^- Revocation -of Permit: A method of revoking a home occupation permit
will be developed for those permits that are in violation with the
operational regulations. A period of time will be permitted to
a public hearing to the Planning Commission if controversy exists
or the permittee may appeal the Planning Director decision to the
Planning Commission.
6. Procedures: Prior to the City Clerk issuing a license for a busi-
ness in a residential zone, the applicant must acquire an approved
Home Occupation Permit from Planning. Planning Department will pre-
pare an application form that will request description of the
occupation, equipment and vehicles to be used and the activities
required of the occupation.
The Planning Department will submit copies of submitted applications
to the Fire and Building Departments for their comments. Upon re-
ceipt of comments, the Planning Director may approve, approve with
condition, deny, or forward to the Planning Commission for hearing.
In addition, Staff will prepare an administrative order in the
process and guidelines for review of home occupation applications.
This order will include a routing method for Fire and Building
Departments' review.
7. Raising of Worms: Staff suggests an ordinance amendment to the E-A
and R-A zones permitting raising of worms as a permitted agricul-
tural use. In the Residential zones, worm raising'.for commercial
purposes will be permitted with limitation, such as", 2000 square
feet of bin area or less by right, larger requiring CUP.*
8. Garage Sale, Yard Sales: Separate requirements should be written
that permit periodic merchandizing of personal and household mate-
rial and equipment at a residence orovided such merchandizing is
1 i m i t e d i n d u r a t i o n