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HomeMy WebLinkAbout17-City Attorney CITY OF .SAN BERrQRDINO ~REQUEST Q.R COUNCIL ACTION From: James F. Penman Subject: Ordinance of the City of San Bernardino Adding Section 19.50.080 to the San Bernardino municipal code relating to home occuoation oerrnits Dept: City Attorney Dats: October 31, 1989 Synopsis of Previous Council action: July 5, 1989 Adoption of MC-665 adding Section 19.50.OS0 providing that no conditional use permit nor certificate of occupancy shall be required for a business using the owners home as its business address subject to certain conditions. Recommended motion: Approve ordinance ~~ Signature Contact person: Dennis A. Barlow Phone: 5355 Supporting data attached: Ward: All FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. DescriPtion) Finance: Council Notes: 75-0262 Agenda Item No.~ 17 CITY OF ~AN BERt4:)RDINO - REQUEST lOR COUNCIL ACTION STAFF REPORT The Mayor and Council recently considered an ordinance amendment MC-665 to delete the requirement for home occupation permits for business which merely use the home for telephone use and do not actually carry on a business at that location. As that ordinance was being considered it was noted that the general home occupation permit requirement would apply to commercial in- home music lessons, tutoring, etc. In order to respond to the concern expressed by the Council. this ordinance has been prepared to eliminate the requirement for a home occupation permit or for a certificate of occupancy if no signs are used and if no more than five students are present at anyone time. It should be noted that this ordinance only addresses the commercial situation. Volunteer activities would not require such permits in any event. 75-0264 , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 / / / / / / / / / o o ORDINANCE NO. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 19.50.080 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO HOME OCCUPATION PERMITS. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Section 19.50.080 is hereby added to the San Bernardino Municipal Code to read as follows: "No conditional use permit for home occupations under this Chapter nor Certificate of Occupancy under Chapter 19.70 of this Code shall be required in any in-home educational situation provided, 1) that there is no signage at the home, 2) no more than five (5 ~ students are present at anyone time, and 3) sounds, light, fumes or odors, in excess of those normally anticipated in a residential setting, are not allowed to reach or affect the neighboring properties. The provisions of this section shall include, but shall not be limited to, music lessons, academic tutoring, and religious instruction." / / / / / / / / / / / / / / / / / / DAB/ses October 31, 1989 1 12 13 14 15 16 17 18 o o 1 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 19.50.080 TO "THE SAN BERNARDINO MUNICIPAL CODE RELATING TO HOME 2 OCCUPATION PERMITS. 3 4 I HEREBY CERTIFY that the foregoing ordinance was duly 5 adopted by the Mayor and Common Council of the City of San 6 Bernardino at a meeting thereof, held on the 7 day of , 1989, by the following vote, to wit: 8 AYES: Council Members 9 10 NAYS: 11 ABSENT: City Clerk The foregoing ordinance is hereby approved this day of , 1989. W. R. Holcomb, Mayor 19 City of San Bernardino 20 Approved as to form and legal content: 21 22 23 24 25 26 27 28 JAMES F. PENMAN, City Attorney B~t/)(J DAB/ses October 31, 1989 2