CITY OF ALTURAS HOME OCCUPATION INFORMATION AND APPLICATION

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PROCEDURE

  1. Applicant files application form with filing fee of $50.00 and names and addresses of property owners within 300’ of home location. The names may be obtained from the Modoc County Assessor’s Office.
  2. Hearing scheduled not less than 21 days after filing.
  3. Notices mailed to owners within 300’ of property no less than 5 days prior to hearing.
  4. Decision of Planning Commission not effective for five days after hearing.
  5. Mail report of decision to applicant with copy to City Council.
  6. One year time limit on all permits. Subject to annual review & renewal.
  7. Time extension notices published and applicants notified one month prior to review.
  8. Renewal fee of $15.00 due prior to renewal.
  9. Inspection of property by planning department prior to annual renewal.

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§ 28-53.1 Alturas City Code § 28-53.1

Sec. 28-53.1. Procedure for obtaining home occupation permits.

(a) Application: Application for a home occupation permit shall be made to the planning commission on a form provided by the planning commission, and shall be accompanied by a filing fee of fifty dollars.

(b) Public Hearing Date and Notice: A public hearing shall be held by the Planning Commission on the nearest scheduled meeting date not less than twenty-one days after filing of the application. Notices shall be mailed no less than five days prior to the date of the meeting to owners of property within a radius of three hundred feet of the external boundaries of the property described in the application. Such notice shall contain all pertinent data related to the case.

(c) Decisions by commission: The decision of the commission shall be final unless an appeal therefrom is taken to the city council. Such decision shall not become effective for five days from the date that the written decision has been made and notice thereof mailed to the applicant.

(d) Notice of decision: Not later than five days following the planning commission's action in granting or denying the home occupation, a written report of the decision shall be mailed to the applicant at the address shown on the application form. A copy of said report shall also be forwarded to the city council.

(e) Time limit: The initial time limit shall not exceed one year. Said time limit will be subject to an annual renewal.

Requests for a time extension in one year increments shall be submitted to the planning commission in writing, accompanied by a fifteen dollar renewal fee, one month prior to expiration.

Notices of the requested time extension shall be published in the local newspaper one month prior to expiration. The request shall be reviewed and an inspection made of the property by the planning staff to verify continued compliance with the necessary criteria and conditions established with the initial approval. If in the opinion of the planning staff the applicant has not complied with the necessary conditions, the matter shall be referred to the planning commission for consideration.

(f) Voiding of permit: The commission may void any home occupation permit for noncompliance with the conditions set forth in approving the permit.

(g) Appeal of commission decision: Appeals may be taken to the city council by the applicant or any other person aggrieved by the commission's decision.

On appeal, the council shall review the decision of the commission, hear new evidence and testimony, if offered, and in decision the appeal may either affirm or reverse the decision of the commission. (Ord. No. 385, § 2.)

Article V. Interpretation.

Sec. 28-54. Chapter not to be interpreted so as to repeal, annual, etc., existing laws or ordinances; exception.

Except as specifically provided herein, this chapter shall not be interpreted to repeal, abrogate, annul, or in any way affect any existing provision of any law or ordinance or regulations or permits previously adopted or issued relating to the erection, construction, moving, alteration or enlargement of any building or improvement; provided, that in any instances where this chapter imposes greater restrictions upon the erection, construction, establishment, moving, alteration or improvement of buildings or the use of any building or structure than is imposed or required by an existing law, ordinance or regulation, the provisions of this chapter shall control. (Ord. No. 301, § 9.1.)

Sec. 28-55. Factors considered in determining similarity of planned use to permitted uses.

Whenever the planning commission is called upon to determine whether or not the use of land or any structure in any district is similar in character to the particular uses allowed in a district, the commission shall consider the following factors as criteria for their determination:

(a) Effect upon the public health, safety, and general welfare of the neighborhood involved and the city at large.

(b) Effect upon traffic conditions.

(c) Effect upon the orderly development of the area in question and the city at large in regard to the general planning of the whole community. (Ord. No. 301 § 9.2.)

Sec. 28-56. Appeals--Jurisdiction of planning commission.

The planning commission shall have the power to hear and decide appeals based on the enforcement or interpretation of the provisions of this chapter. (Ord. No. 301 § 9.3.)

Sec. 28-57. Same--From planning commission to city council.

In case the applicant is not satisfied with the action of the planning commission on his appeal, he may within five days appeal in writing to the city council. (Ord. No. 301, § 9.4.)

Sec. 28-58. Same--Same--Notiee; report of planning commission.

Notice shall be given to the planning commission of an appeal to the city council, and a report shall be submitted by the commission to the city council, setting forth the reasons for the action taken by the commission. Such report shall be submitted in writing or by representation at the hearing. (Ord. No. 301, § 9.5.)

Sec 28-59. Same--Same--Time limit for council's decision.

The city council shall render its decision within forty-five days after the filing of such appeal. (Ord. No. 301, § 9.6.)

 

CITY OF ALTURAS

INCORPORATED SEPTEMBER 16, 1901

MODOC COUNTY

200 NORTH ST Phone: 530-233-2512

ALTURAS, CA 96101 FAX: 530-233-3559

HOME OCCUPATION APPLICATION NO.:___________________________________

PROCESSING FEE: $50.00

 

Date:__________________

To: Alturas Planning Commission

Applicant name: __________________________________________________________________

Address: ___________________________________________________________________

Telephone: (Residential) ______________________

(Business) ______________________

Type of business: ______________________________________________________________

______________________________________________________________

Provide detailed description of the proposed Home Occupation (Use additional sheets as necessary):

(1) Activities involved: ______________________________________________________________

______________________________________________________________

(2) Materials and equipment used: __________________________________________________

______________________________________________________________

(3) Methods of operation: ____________________________________________________________

______________________________________________________________

(4) Additional information: ________________________________________________________

______________________________________________________________

______________________________________________________________

Please respond to the following:

(5) How many persons will be involved or employed in the conduct of the proposed occupation:

Family Members: _____________ Others: ______________ Total: ________________

(6) What type of product will be produced or repaired in the conduct of your Home Occupation? ( Example: Repair of watches or clocks, making jewelry, etc.) _____________________________________________

_______________________________________________________________

_______________________________________________________________

(7) Describe any alterations to the home or premises that might be required to facilitate your home occupation:

________________________________________________________________

________________________________________________________________

________________________________________________________________

(8) Describe what rooms will be used in the conduct of the home occupation and how those rooms will be used. (Example: garage will be used to store supplies or den will contain desk and file cabinets, etc.): ___________

___________________________________________________________________________________

___________________________________________________________________________________

(9) Describe the mechanical and / or the electrical or other equipment that will be necessary to the conduct of your home occupation: _______________________________________________________________________

_________________________________________________________________

_________________________________________________________________

(10) Describe how, where and in what amounts the materials, supplies and / or equipment related to your home occupation will be displayed or stored: ______________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

(11) Will people come to your home to obtain any product or utilize any service connected with your home occupation? Yes___________ No __________

If Yes, please explain and provide an estimate of numbers: ________________________________________

___________________________________________________________________

___________________________________________________________________

(12) If cars, truck or other equipment will be used in your home occupation where will they be parked or stored?

___________________________________________________________________

___________________________________________________________________

 (13) Will the home occupation involve the use of commercial vehicles for delivery of materials to or from your home?

Yes ____ No ____

If yes, how often and what size? _______________________________________________________

____________________________________________________________________

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I swear or affirm that I have read and understand Section 28-53.1 of the Alturas City Code and believe to the best of my knowledge that my proposed home occupation would not violate any portion of aforesaid City Code. I further understand that I must also obtain a City Business License if this application is approved.

Applicant Name (printed): _______________________________________________________________

Applicant signature: _____________________________________________________________________

Property owners name (printed): _________________________________________________________

Property owners signature: _______________________________________________________________

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Received by: ___________________________________________ Date: ____________________

Hearing date: ____________________________________

Action: _________________________________________________________________________

Receipt No.: _____________________________________

Notices sent: ____________________________________________________________________

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