16.321 HOME-BASED BUSINESS

11. Soil Permeability. Soil permeability requirements for disposal and subsurface treatment and storage facilities shall conform to those required by the

State Water Resources Control Board. All other above-ground facilities shall have engineered structural design features common to other types of industrial facilities. These features shall include spill containment and monitoring devices. All other facilities may be located in areas where surficial materials are principally highly permeable if adequate spill containment and inspection measures are employed. 12. Existing Groundwater Quality. Residuals repositories are allowed only where the uppermost water-bearing zone or aquifer is presently mineralized (by natural or human induced conditions) to the extent that it could not reasonably be considered for beneficial use. All other facilities located in areas where existing groundwater quality is Class 1 or Class 2 shall provide increased spill containment and inspection measures. 13. Proximity to Areas of Waste Generation. Subject to other standards and criteria described herein, all facilities shall be located in areas best suited for providing services to any hazardous waste generators in the City. Facilities that will primarily serve generators from outside the City shall demonstrate why the facility cannot be located closer to the points of hazardous waste generation to be serviced.

16.321.01 PURPOSE AND APPLICABILITY

These provisions regulate businesses operated as an accessory use in a place of residence, by providing criteria and procedures for the approval of home-based businesses; in the interest of public health, safety and welfare.

16.321.02 HOME-BASED BUSINESS PERMIT AND BUSINESS LICENSE REQUIRED

A. A home-based business shall require a Home-

Based Business Permit, which is processed in the same manner as a Zoning Compliance Review, pursuant to Chapter 16.603, Zoning Compliance

Review, and a business license pursuant to

Title 5 (Business licenses and regulations). B. Where the provisions of this Chapter allow modifications subject to approval of a Minor Use

Permit under Chapter 16.606, Minor and Major

Use Permits, the Director may impose reasonable conditions deemed necessary to ensure compliance.

16.321.03 USES PERMITTED

Any use, except those excluded by Section 16.321.05, Exclusions below or standards applicable to the zoning district where the residential unit is located, may be a home-based business subject to the final determination by the Director.

16.321.04 HOME-BASED BUSINESS REGULATIONS

In addition to all of the applicable requirements of this Chapter and the Vallejo Municipal Code, home-based businesses shall be maintained in compliance with all of the following regulations:

A. Location. The use shall be conducted entirely within the dwelling, garage or accessory structure. B. Compatibility. A home-based business shall not create offensive or objectionable noise, vibration, odors, smoke, fumes, heat, dust, dirt, glare, or electrical disturbance perceptible by the average person beyond the lot line or party walls of multi-unit buildings of the subject premises.

C. Residential Character. The use shall not change the residential character of the dwelling unit or property, or adversely affect the residential or other zoning district where the home-based business is located.

Deliveries shall be only by a step-truck or vehicles with a gross vehicle weight rating 16,000 pounds or less. D. Size Limit. A home-based business shall not occupy more than 20 percent of the floor area, but in no case shall it occupy more than 400 square feet, of the dwelling unit to which it is clearly incidental and secondary. E. Access. No portion of any dwelling where a homebased business is located shall have a separate designated access or private entrance specifically for the homebased business use, except an accessory structure used in conjunction with a home-based business. F. Alterations. No owner of any dwellings used for a home-based business shall make any internal or external alterations or install construction features in any portion of the dwelling or accessory structure not customarily found in similar dwellings. G. Outdoor Storage. No equipment associated with the business, such as parts, materials, supplies, merchandise, refuse, or debris, shall be stored outdoors. Equipment associated with the business may be stored within a permanent, fully enclosed compartment of a passenger vehicle or truck. No refuse or debris shall be stored in any vehicle. There shall be no storage of hazardous chemicals other than that which is normally found at a private residence. H. Employees and Visitors to the Premises. Employees working or meeting at the site shall be limited to persons who reside at the residence and one nonresident, as allowed for a cottage food business or a microenterprise kitchen, consistent with Section 113758 of the California Health and Safety Code

1. The one non-resident employee’s hours and visitor/ client hours shall be between 8 a.m. and 8 p.m. 2. A home-based business shall not have more than 6 clients on the premises at any given time or more than 10 clients at the premises in any given business day. 3. Additional employees or increased hours of operation may be permitted subject to approval of a Minor Use Permit pursuant to Chapter 16.606, Minor and Major Use Permits. I. Vehicles.

1. No more than one truck or other motor vehicle of a size no larger than 3-quarter ton shall be permitted in conjunction with any homebased business, and no more than 2 vehicles shall be associated with multiple home-based businesses within a single residential unit. 2. No vehicle maintenance shall occur on premises. 3. Vehicles either directly or indirectly associated with the home-based business shall not obstruct or impede the flow of traffic on public roads and shall not generate undue noise during loading or unloading activities. 4. When used in connection with the operation of a home-based business, the following and similar types of vehicles shall be stored off-site and are expressly prohibited on the premises of a home-based business:

a. Limousines or taxicabs; b. Dump trucks; c. Tow trucks; d. Pick-up trucks with the bed converted into a hauling compartment designed to hold materials and equipment that exceed the height of the existing sides of the truck; construction vehicles (e.g., front-end loaders, backhoes); e. Trailers (e.g., construction trailers, chipper trailers); and f. Construction equipment (e.g., cement mixers, chippers).

5. No vehicles used in connection with the operation of a home-based business shall be parked overnight on residential streets.

J. Product Sales. Food products offered for sale shall be limited to those produced on the premises, except for food products produced in a manner consistent with the California Health and Safety Code, which may not be sold at the premises, and plants, which may be grown or kept in outdoor areas of the subject premises with the exception of medical cannabis, and except as set forth in Chapter 16.312, Cannabis Processing,

Cultivation, Distribution, Testing And Retail.

K. Signage. There shall be no signs, name plates or other forms of advertising such as products displayed on the premises including windows in which a home-based business is conducted. Window display of materials associated with the home-based business is prohibited. L. Hazardous Materials. Hazardous materials or processes are prohibited. M. Food Preparation. Food preparation for home cottage food operations and micro-enterprise kitchens consistent with the California Health and Safety Code shall be allowed subject to Solano County Health Department regulations, permitting and safety inspections. N. Other Laws. A home-based business shall comply with all other applicable state laws and City ordinances, including any state licensing requirements. O. Enforcement. Violation of these standards shall constitute a public nuisance and these standards may be enforced pursuant to the procedures set forth in

Chapter 16.615, Enforcement and Abatement.

16.321.05 EXCLUSIONS

The following activities shall not in any case qualify as a home-based business:

A. Teaching of organized classes totaling more than 6 persons at one time or a business that has more than 10 clients per day; B. Banks and financial institutions, including but not limited to, nontraditional financial institutions; C. Care, treatment, boarding or breeding of animals for commercial purposes; D. Operation of food handling, processing or packing that is not in compliance with Solano County

Environmental Health regulations and Section 113758 of the California Health and Safety Code; E. On-site vehicle-related uses such as, but not limited to, storing of either operational or non-operational vehicles, cleaning, dismantling, embellishing, installing, manufacturing, repairing or servicing, selling, leasing or renting, and towing, driving schools, dispatching of vehicles, boat towing, scrap yards, parts sales or any storage of autos. Where the person conducting the home-based business serves as an agent or intermediary between off-site suppliers and off-site customers in which case all articles shall be received, stored and sold directly to customers at off-premises locations; F. Any on-premises retail sales including, but not limited to, firearms, weaponry, ammunition, liquor, tobacco, or medicinal marijuana, and any off-premises sales of tobacco or tobacco related products. Retail sales consistent with provisions of cottage food operations shall be allowed per Section 113758 of the California Health and Safety Code; G. Funeral and interment services, including but not limited to, crematories, mortuaries, mausoleums and undertaking; H. Uses as defined and regulated in California

Health and Safety Code Section 1500 et seq.; I. Transient habitation, with the exception of Bed and

Breakfast Inns in compliance with requirements of

Chapter 16.311, Bed and Breakfast Lodging. J. Bona fide eating and drinking places, including but not limited to, bars, nightclubs and restaurants; K. Laundry and dry-cleaning services; L. Communication facilities, including, but not limited to, transmission towers; M. Businesses involving hazardous materials, including, but not limited to, waste facilities, transfer, storage and treatment; N. Adult uses, including but not limited to, retail and performance oriented; O. Businesses involving medical marijuana activity; P. Firearms sales; and, Q. Any use not allowed by the Zoning Code or in the zoning district where the residential unit is located.