Martinez Home Occupation Permits prohibit non-resident employees from working on-site. Only individuals who reside in the home may conduct the business there. Off-site or remote employees are allowed. Exceptions exist for family daycare and limited state-protected uses.
A core standard of the Martinez Home Occupation Permit is that no persons other than residents of the dwelling may work at the home-business location. This rule is common across California municipalities and reflects the principle that home businesses should not introduce commercial employee traffic into residential neighborhoods. The prohibition applies to: employees, independent contractors on-site, partners, and volunteers who physically come to the home to perform work. Exceptions: (1) Off-site/remote employees (including those working from their own homes) are not restricted β only the physical presence of non-residents at the Martinez business location is regulated. (2) Family daycare under CA Health & Safety Code Β§1597.40 is protected by state law β small family daycare (up to 8 children) and large family daycare (up to 14 children) may have one or more non-resident assistants as required by state licensing. (3) Microenterprise Home Kitchen Operations under AB 626 may allow one non-household employee if the county opts in (Contra Costa has partial participation). (4) Occasional service providers (cleaners, repair techs for the dwelling itself) are not considered employees. The rationale includes parking impacts, noise, traffic generation, and avoiding de facto conversion of residential to commercial use. Violations result in HOP revocation and potential business license suspension. Businesses needing on-site employees must relocate to appropriate commercial zoning (C-1, C-2, or mixed-use zones in Martinez). This rule is relatively strict compared to some other California cities that allow 1 non-resident employee under conditional use review.
Contact your local code enforcement office for specific penalty information.
Martinez, CA
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