What is Home
Occupation
A home occupation is a business or commercial
activity which is conducted from a single family attached or detached
dwelling, duplex, apartment, or mobile home and is clearly incidental
to the residents use of the dwelling. A Planning Permit
is not required for Home Occupations. However, all home
occupations must conform to criteria set forth in the Municipal
Code
What Criteria Apply to Home Occupations?
In order to ensure that residential neighborhoods
are not adversely affected by home occupations, every home occupation
must meet the following criteria:
Clients: Only 2 clients
are permitted in the dwelling at one time.
Employees: Only occupants
of the dwelling may be employees or unpaid volunteers of the home
occupation.
Environment: Obnoxious
odors, vibrations, glare, fumes, dust, electrical interference
or noise shall not be detected outside the dwelling or through
the vertical or horizontal common walls of an attached dwelling.
Hours: Clients are
permitted at the residence only between the hour's of 9 o'clock
a.m. and 9 o'clock p.m.
Vehicles: A maximum
of one business vehicle with a manufacturers gross weight of less
than 10,000 pounds is permitted to be kept, garaged, or parked on the lot or parcel associated with the home occupation.
Signage: Signage must
conform to the residential signage requirements set forth in the
Municipal code.
Location: Home occupations,
including storage, are permitted in the dwelling unit.
They are also permitted in an attached garage provided that the
required number of covered parking spaces is not displaced.
In a detached garage or accessory building, only 100 square feet
floor area may be devoted to a home occupation, and the required
number of covered parking spaces may not be displaced. Home
occupations, including storage, are not permitted in carports
or yard areas.
Manufacture: No manufacture
or assembly, other than hand crafted products, is permitted.
Sales: Unless otherwise prohibited, an order may be filled
on the premises if it is placed earlier by a customer using telephone,
mail order, or through attendance at a sales party. Although not
part of a home occupation, twice-yearly special sales may be held
at the residence for the purpose of selling hand-produced goods
to invited guests. Such sales are allowed provided that
(i) no more than two such sales are allowed in any calendar year;
(ii) no such sale is conducted from more than four consecutive
days; (iii) such sales are conducted between the hours of
9 o'clock a.m. and 9 o'clock p.m.
Are There Any Other
Restrictions?
Certain home businesses are not compatible
with a residential neighborhood because of the nature of the business or its potential for
either hazard or nuisance. The following activities are
prohibited as home occupations by the Municipal Code.
- Animal Breeding
- Appliance repair, other than the repair
of small household appliances.
- Firearms sales and service
- Motorized garden tool repair, such as,
but not limited to, lawnmowers, chainsaws, and leaf blowers.
- Massage parlors and the business of arranging
massages at an off site location.
- Pest Control.
- Upholstery and furniture repair.
- Food Catering
- Vehicle related uses such as, but not limited to, storing of vehicle, cleaning, dismantling, embellishing, installing, manufacturing, repairing or servicing, selling, leasing or renting and towing, driving schools, and dispatching of vehicles.
- Welding
- Any use which requires a Hazardous Materials
Permit from the fire department.
- Any off-sale of alcoholic beverages.
Is Payment of the Business License Tax
required for a home occupation?
Yes, a signed and completed business tax
registration form and tax payment are required by the Revenue Management Division of the
Finance Department. 408-535-7055
Finance Department Revenue Management is located
at 200 E. Santa Clara St First floor Customer Service Center &
the 13th floor of City Hall
