TITLE
Recommendation to declare ordinance amending the Long Beach Municipal Code by amending Section 21.51.235 and deleting
Table 51-2, all relating to home occupations, read and adopted as read. (Citywide)
DISCUSSION
In August 2011, City Council directed staff to review the City's policies and regulations for home occupations to include masonry and plumbing contractors as permitted uses. This request was based on the all-time high unemployment numbers in California and the need to allow self-employment for these types of skilled building trades in residential zones. After evaluating the request, planning staff supports restructuring the Zoning Code to allow for a wider variety of uses while still maintaining the required regulations to retain the overall character of the residential unit where the use will operate.
On October 20, 2011, the Planning Commission considered an Amendment to Section 21.51.235 of the Zoning Code to clarify the operational requirements for home occupation uses and establish new parameters for acceptable uses (Exhibit A - October 20, 2011 Planning Commission Staff Report). After a brief discussion, the Planning Commission unanimously voted to recommend approval of the request to City Council.
A home occupation permit is intended to allow for certain types of businesses to be operated from a residential dwelling that are incidental to the use of the dwelling unit and do not change the principal character of the residential unit. The most common home occupations are office uses for businesses such as accountants, internet sales, certain types of contractors and other similar operations where the primary means of contact are by phone, mail, internet or other similar means. Other types of home occupations include instructional services (music teachers, tutors, etc.) and home crafts.
The current Municipal Code sets forth the operational requirements and includes a specific list of home occupation uses that fall under the permitted or prohibited categories (Exhibit B - Current Home Occupation Section). Over the years, the City has had to modify the permitted list after re-evaluating a specific use or in reaction to a change in industry standards. For example, the last modification moved painting contractors from a prohibited use to a permitted use due to a change from oil-based paints to water-based paints, thus reducing the potential for fires and other impacts on surrounding residents.
The proposed Amendment to Section 21.51.235 of the Municipal Code is based on research of a number of other cities' home occupation regulations, including Santa Monica, Beverly Hills and Los Angeles. The resulting proposal includes changes that create the framework for home-based businesses rather than including a specific list of permitted uses. Also, additional operational requirements have been included to help ensure that the home occupation will not change the character of the residential unit and not negatively impact surrounding neighbors. These additional requirements include: prohibiting excessive and unsightly storage of materials, prohibiting use of the garage for business operations, specifying that agents shall conduct all operations off premises and specifying that the home occupation permit is valid only for the person that it was issued.
A list of prohibited uses is included that identifies businesses that are not compatible with residential areas. Uses such as auto repair, food preparation and medical offices result in noise, traffic and visitors to levels that exceed that of typical residential activities and result in a loss of the residential character of the site and a negative impact on surrounding properties.
This matter was reviewed by Assistant City Attorney Michael Mais on May 7, 2012 and Budget Management Officer Victoria Bell on May 3, 2012.
TIMING CONSIDERATIONS
The Municipal Code would typically require City Council action within 60 days of positive action by the Planning Commission, which took place on October 20, 2011. However, since this is a City-sponsored application, the timing consideration is not applicable.
FISCAL IMPACT
There is no fiscal impact and no direct local job impact as a result of the recommended action.
SUGGESTED ACTION
Approve recommendation.
BODY
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LONG BEACH AMENDING THE LONG BEACH MUNICIPAL CODE BY AMENDING SECTION 21.51.235 AND DELETING TABLE 51-2, ALL RELATING TO HOME OCCUPATIONS
Respectfully Submitted,
AMY BODEK
DIRECTOR OF DEVELOPMENT SERVICES
APPROVED:
PATRICK H. WEST
CITY MANAGER