City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 08/09/2022
Subject: Development Code Text Amendment - TAZ 22-46 - Public Hearing RECOMMENDED ACTION:
Should the City Council agree with the Planning Commission’s recommendation, the following motion would be appropriate:
“The City Council approves the amendment to Chapter 16.88 – Home Occupation Permit Ordinance based on the findings in the staff report.” BACKGROUND:
The Home Occupation Permit ordinance was last updated in August of 2009. Since that time, and especially during the pandemic, the City has experienced an increase in Home Occupation Permit requests. Staff believes it would be beneficial to update the City ordinance to correct a few minor processing technicalities and update certain regulations to align more closely with the current home business environment, while continuing to protect the integrity of our residential neighborhoods.
DISCUSSION/ANALYSIS:
Staff has researched surrounding communities within the valley, greater bay area and Sacramento area regarding Home Occupation Permits, operating requirements and allowable/prohibited home occupations. The following items are the suggested changes and updates to the City of Ripon’s Home Occupation Permit ordinance:
1. The “Development Requirements” section was updated to read as “Operating Requirements and Conditions.” The major change in this area was the section dealing with clients/students. The previous code did not allow for clients/students to come to the home without first receiving approval by the Planning Commission. The proposed update would allow for limited clients/students to visit a home occupation with the following parameters:
a. Shall be limited to only one client and/or student at a time, by appointment only. One client and/or student shall mean either one person or couple. b. Shall be between the hours of 8:00 am and 6:00 pm, Monday through Friday.
Home occupations desiring to have more than one, but fewer than six clients and/or students at a time must receive special approval by the Planning Commission for such request.
2. The table of permitted and prohibited home occupation uses was eliminated and sections were added pertaining to allowable (16.88.050) and prohibited (16.88.060) uses. Both sections were updated using information that was found during staff’s research. Many of the communities varied on what was allowed and prohibited, however staff attempted to structure Ripon’s sections based on potential impacts to residential neighborhoods. Although the lists certainly are not all-inclusive, uses that are not listed will be at the discretion of the Planning Director based upon the potential impacts to neighborhoods. As always, an applicant can appeal the Planning Director’s decision to the Planning Commission if they are not satisfied with his/her decision.
3. Section 16.88.070 was added handling Home Occupations that may be allowed upon approval by the Planning Commission. Staff have oftentimes run into the issue where an individual will want to assemble/manufacture/repair small items that have little to no impact on neighboring properties. However, our previous code does not allow for such use, therefore, they were denied. This section will allow for a resident to bring their home occupation request in front of the Planning Commission for a determination on their permit.
4. Lastly, the neighbor notification process for Home Occupation Permits has changed.
With the previous code, neighbors would be notified prior to issuance of the Home Occupation Permit. With this amendment, they will be notified after the permit is issued. The reasoning for this change in process is twofold. First, it helps expedite the home occupation permitting process. Secondly, if an applicant meets all home occupation regulations the home occupation permit shall be issued. The neighbor notification is for informational purposes only, letting neighbors know that they have a home occupation occurring next door to them and providing them with the guidelines for operation. This helps ensure that compliance with our code is maintained and holds the home occupation permittee accountable. The previous method of notification prior to permit issuance, misled neighbors into thinking they could protest the home occupation permit to stop the City from issuing said permit.
PLANNING COMMISSION ACTION:
On July 18, 2022, the Planning Commission held a public hearing to consider the amendments and to provide the public an opportunity to comment on the proposed amendments. At that meeting no one from the public came forth to comment on the proposed amendment.
Subsequently, the Planning Commission took action, with a 5 to 0 vote, to recommend the City Council approve the proposed amendment. (Refer to the attached minutes for details.) FINDINGS:
1. That the proposed use is consistent with the goals, policies, standards, and maps of the General Plan, any applicable Master Plan, Specific Plan, any Specific Purpose Plan, and any other applicable plan adopted by the City of Ripon.
ENVIRONMENTAL ANALYSIS:
The proposed Zoning Text Amendment is not subject to CEQA review pursuant to CEQA guidelines Section 15061(b)(3).
GENERAL APPLICATION INFORMATION:
Owner/Applicant: City of Ripon – Ken Zuidervaart
Application#: TAZ22-46
GP Designation: All Residential Land Use Designations Zoning: All Residential Zoning Designations
Attachments:
1. Chapter 16-88 Home Occupation Permit - current code clean version
2. Chapter 16-88 Home Occupation Permit - Redline Version
3. Chapter 16-88 Home Occupation Permit - Clean Version
4. Planning Commission Minutes 7-18-22
5. Notice of Public Hearing