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HomeMy WebLinkAboutAGENDA REPORT 2003 0820 CC REG ITEM 08BITEM 8. B, P 1A MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Barry K. Hogan, Community Development Directo Prepared By: Joseph F. Fiss Principal Plann DATE: July 20, 2003 (CC Meeting of 8/20/03) SUBJECT: Consider Zoning Ordinance Amendment No. 2003 -01, Deleting Chapter 5.88 of the Moorpark Municipal Code Regarding Home Occupations, Boutique Sales and Garage Sales and Amending Chapter 17.28.020(B) Regarding Home Occupations and Garage Sales BACKGROUND On June 4, 2003, the City Council directed the Planning Commission to study, consider, and make a recommendation on proposed amendments to the Municipal Code in order to clarify language related to home occupations, boutique sales, and garage sales and place the regulations in the Zoning Ordinance. The Planning Commission considered a draft ordinance on June 17, 2003, and recommended approval to the City Council. DISCUSSION Chapter 5.88 of the Moorpark Municipal Code was adopted in 1990 to regulate home occupations, boutique sales, and garage sales in order to avoid nuisance impacts to residential neighborhoods. Over time, it has been observed by staff that components of these regulations could be streamlined while still protecting neighborhoods. Staff recommended a number of amendments to address this issue and to relocate these regulations to Title 17, the Moorpark Zoning Ordinance. The most significant changes to the ordinance are the elimination of boutique sales as a separate use (these are now combined with garage sales) and the institution of the requirement that all employees reside at the residence. It should be noted that there are a number of approved home occupations which will not comply with this new requirement for employees to be residents. Staff would consider these home occupations to be legal non - conforming or Honorable City Council August 20, 2003 Page 2 "grandfathered" and allowed to continue so long as compliance is maintained with all requirements of their home occupation permit. The Planning Commission held a public hearing and considered this Zoning Ordinance Amendment at its June 17, 2003 meeting. There were no public comments. The Planning Commission suggested clarification to the text of the proposed ordinance related to garage sales that involve multiple properties, or so- called "block" or "group" garage sales, and with this clarification, recommended approval of the amendments to the Zoning Ordinance. The text has been revised as recommended by the Planning Commission in the draft ordinance for Council consideration. STAFF RECOMMENDATIONS 1. Open the public hearing, accept public testimony and close the public hearing. 2. Introduce Ordinance No. for first reading approving Zoning Ordinance Amendment No. 2003 -01. Schedule second reading and adoption for September 17, 2003. Attachments: 1. Draft Ordinance to Amend Chapter 17.28.020(B) of the Moorpark Municipal Code. 2. Agenda report to the Planning Commission, dated June 17, 2003. 3. Planning Commission Resolution PC- 2002 -427 recommending to the City Council Approval of an Ordinance to Amend Chapter 17.30 of the Moorpark Municipal Code. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT NO. 2003 -01, AMENDING CHAPTER 17.28 OF THE MOORPARK MUNICIPAL CODE RELATED TO HOME OCCUPATIONS AND GARAGE SALES AND DELETING CHAPTER 5.88 OF THE MOORPARK MUNICIPAL CODE RELATED TO HOME OCCUPATIONS, BOUTIQUE SALES AND GARAGE SALES WHEREAS, on June 4, 2003, the City Council directed the Planning Commission to study, set a public hearing, and provide a recommendation pertaining to amendments to the Zoning Code related to home occupations and garage sales; and WHEREAS, at its meeting of June 17, 2003, the Planning Commission adopted Resolution PC- 2003 -447 recommending to the City Council approval of Zoning Ordinance Amendment No. 2003 -01, a proposed ordinance for the deletion of Chapter 5.88 and amendment to Chapter 17.28 of the Moorpark Municipal Code (Exhibit A) pertaining to home occupations and garage sales; and WHEREAS, at its meeting of August 20, 2003, the City Council conducted a duly- noticed public hearing to consider Zoning Ordinance Amendment No. 2003 -01; and WHEREAS, at its meeting of August 20, 2003, the City Council considered the agenda report, any supplements thereto, and the recommendation of the Planning Commission; opened the public hearing; received written and oral public comments; closed the public hearing; and reached a decision on this matter; and WHEREAS, the City Council concurs with the determination of the Planning Commission and Community Development Director that this project is exempt from the provisions of the California Environmental Quality Act (CEQA) under the general rule that CEQA does not apply to projects with no potential for causing a significant effect on the environment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 5.88 of Title 5, Business Taxes, Licenses and Regulations, of the Moorpark Municipal Code is hereby deleted in its entirety. ATTACHMENT 1 � r% � X", 01-% Ordinance No. Page 2 SECTION 2. Chapter 17.28.020(B) "Home Occupations" of Title 17, Zoning, of the Municipal Code of the City of Moorpark is hereby amended as shown in Exhibit A, attached hereto and incorporated herein by this reference. SECTION 3. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 4. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark Star a newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this day of , 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Exhibit A: Amendments to Chapter 17.28.020(B) (Underline /Strikeout) Chapter 17.28.020 B Home Occupations and Garage Sales 1. Home Occupation Requirements. A home occupation is the interior and incidental use of a dwelling, in all residential zones and in the residential portion of specific plans, for business purposes with a valid home occupation permit meetinq all of the requirements of this section. a. Application. An application for a home occupation permit shall be filed with the community development director on forms prescribed by the community development director along with the fee established by city council resolution. b. Approval criteria. The community development director shall approve an application for a home occupation permit that meets the following criteria: i. The applicant shall be the home owner, or in the case of a rental housing unit, the applicant shall provide a signed owner's statement that the proposed home occupation is allowed under the rental agreement. ii. Accessory structures shall not be used for home occupation purposes. iii. Persons other than residents of the property shall not be engaged on the Property in the home occupation. iv. The home occupation shall not generate pedestrian or vehicular traffic beyond that normal to the zoning district in which it is located. V. Customer services or sales of goods, wares or merchandise on -site shall not be permitted, except by mail or electronic communication. Instruction, tutoring or teaching of a maximum of three students per session and /or six students per day, whichever is more restrictive shall be allowed. The community development director may make allowances for single events having more than the maximum of six students Per day and /or three students per session. vi. Commercial vehicles, having a specific manufacturer's gross weight rating of ten thousand (10,000) pounds or more in connection with the home occupation shall not be permitted as limited by Section 10.04.300 — Commercial Vehicles in Residential Areas. vii. A maximum of one (1) commercial vehicle, having a specific manufacturer's gross weight rating of less than ten thousand (10,000) pounds in connection with the home occupation shall be permitted so long as it is legally parked either on the street or on the site. viii. The use of signs, merchandise, products or other material or equipment displayed for advertising purposes shall not be permitted. ix. Outdoor storage of materials and /or supplies or other outdoor activity related to the home occupation shall not be permitted. X. Uses, by reason of color, design materials construction smoke dust fumes, odors, glare, lighting, noise or vibrations, that alter the residential character of EXHIBIT A the dwelling or unreasonably disturb the peace and quiet of the surrounding area shall not be permitted. xi The home occupation shall be limited to no more than ten percent (10 %) of the gross floor area of the residence. Related materials and supplies shall be stored only in the designated area approved by the community development director. No structural alterations shall be permitted within the dwelling unit to separate any area used for a home occupation from the dwelling space. No area used for a home occupation shall be subleased or rented to another party. xii A valid Moorpark city business registration permit or license shall be required.. xiii. There shall be no storage of flammable, toxic, hazardous, combustible materials indoors or outdoors, including, but not limited to, -gasoline, solvent or gun powder for purposes beyond those normally used for normal household purposes. xiv. The garage, carport, or accessory structures shall not be used for home occupation purposes. There shall be no storage in the garage, carport or dwelling of any materials or supplies not recognized as being part of normal household or hobby use. xv. The home occupation shall not create excessive demand for municipal or utility services or community facilities beyond those customarily provided for residential uses. xvi. There shall be no on premise use of material or mechanical equipment not recognized as being part of normal household or hobby use. xvii. On -site sales of goods, wares or merchandise or on -site commercial activities in residential zones, except as allowed by section 17.28.020B.1.b.v. is prohibited. C. Conditions. In granting a home occupation permit, the director may impose conditions to safeguard and protect the public health, safety and promote the general welfare. The applicant shall agree in writing to comply with all conditions prior to the issuance of a home occupation permit. d. Duration of permit. Unless otherwise specified, the home occupation permit shall be valid for five years from the date of issuance. The permit may be renewed after five -years by filing an application for renewal prior to its expiration and by paying the required fee. e. Revocation of permit. A home occupation permit may be revoked if the community development director makes any of the following findings and notifies the applicant in writing: i. A condition of the home occupation permit has been violated; ii. The use has become detrimental to the public health, welfare and safety; is resulting in a significant traffic impact; or constitutes a nuisance; iii. The home occupation permit was obtained by misrepresentation or fraud; iv. The use for which the home occupation permit was granted has ceased \ \mor_pri_sery \City Share \Community Development \DEV PMTS \Z O A \2003 \01 HOP \Ord and Reso \ORD EXHIBIT A.docp���n .r v ! At for six (6) months or more. 2. Garage Sales Requirements. Garage sales shall be permitted in all residential zones, provided the sale conforms to the criteria and conditions identified in this chapter. No application shall be required. The city shall however, monitor garage sales to ensure compliance with the following criteria and limitations. a. No more than three (3) garage sales shall be conducted on the premises in any calendar year; provided, however, a fourth sale shall be permitted if satisfactory proof of a bona fide change in ownership of real property is first presented to the community_ development director. A minimum of 5 days must pass between individual sale events. No single sale event shall be conducted for longer than three (3) consecutive days. Garage sales shall not be held for more than two (2) consecutive weekends. Garage sales shall be conducted between the hours of seven a.m. and seven p.m. b. Property offered for sale at a garage sale may be displayed on a driveway, in a house, and /or in a rear yard, but only in such areas. No property offered for sale at a garage sale may be displayed in any front yard or in any public right -of -way. C. A maximum of six (6) off -site directional signs, not to exceed two (2) feet by two (2) feet, shall be permitted. Written permission to erect signs on private property shall be obtained from the property owners of the site where such signs are to be placed. This written authorization shall be provided to the city upon request. Signs may be displayed only during the hours the garage sale is actively being conducted and shall be removed at the close of the sale activities each day. No signs shall be placed on utility poles or in the public right -of -way. d. A nonprofit organization or association of persons may conduct a garage sale at the residence of one or more of its members pursuant to all of the requirements of this section. One such sale may be held per year without such sale being deemed one chargeable to the premises in question for the purpose of applying the three (3) sales per year limitation set forth in subsection (a) of this section. e. No garage sale shall be held so as to include more than one residence or parcel at the site of the sale without first obtaining written approval from the community development director. In granting an approval for a garage sale encompassing more than one residence or parcel, the director may impose reasonable conditions consistent with the policies of this section. Group garage sales, when coordinated by residents or sponsored by a local homeowners association, may be permitted up to two times per calendar year and shall comply with all other requirements for garage sales. f. The conduct of general retail sales or commercial activities in residential zones, except as is otherwise expressly authorized under the Chapter 17.04 of the Moorpark Municipal Code, shall be prohibited. \ \mor_pri_sery \City Share \Community Development \DEV PMTS \Z O A \2003 \01 HOP \Ord and Reso \ORD EXHIBIT A.doc , MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Director Prepared by Joseph F. Fiss, Principal Planner DATE: June 5, 2003 (PC Meeting of 06/17/03) SUBJECT: Consider Zoning Ordinance Amendment Case No. 2003 -01: Deleting Chapter 5.88 of the Moorpark Municipal Code Regarding Home Occupations, Boutique Sales and Garage Sales and Amending Chapter 17.28.020(B) Regarding Home Occupations and Garage Sales BACKGROUND On June 4, 2003, the City Council directed the Planning Commission to study, consider, and make a recommendation on a proposed amendment to the Zoning Ordinance related to home occupations, boutique sales, and garage sales. Chapter 5.88 of the Moorpark Municipal Code (Attachment 1) was adopted in 1990 to regulate these uses in order to avoid nuisance impacts to residential neighborhoods. Over time, it has been observed by staff that components of these regulations could be streamlined while still protecting neighborhoods. Staff is recommending a number of amendments to address this issue and relocate these regulations to Title 17, the Moorpark Zoning Ordinance. DISCUSSION Changes to existing regulations are proposed for all three uses currently covered by Chapter 5.88: home occupations, boutiques sales, and garage sales. A draft resolution for Planning Commission consideration along with a proposed ordinance to delete Chapter 5.88 and amend Section 17.28.020(B) of the Moorpark Municipal Code is included in Attachment 2. Home Occupations - The existing ordinance identifies a complex application process that involves notifying "affected property owners, as defined on the assessor's parcel map(s) by the community development director or his designee as the area of concern." It ATTACHMENT 2 G :; J0C Honorable Planning Commission June 17, 2003 Page 2 is a rare occasion when a neighbor expresses any concern with a proposed home occupation, given the existing limits on the types of businesses that may be operated out of a residence. Eighteen (18) criteria governing the permitted activities under a Home Occupation Permit are proposed in the Draft Ordinance. With these criteria, a home occupation would not be readily identifiable to neighbors and the notification process would not be necessary. Any disruption to the neighborhood would be a violation of the permit and the permit would be subject to revocation by the Community Development Director. Boutique Sales - A boutique sale involves small handcrafted items sold from a residence up to three (3) times a year. A boutique sale is so similar to a garage sale, that there should not be a separate set of regulations. Should a boutique sale be proposed that extends beyond the scope of a garage sale, an applicant would have the opportunity to apply for a Temporary Use Permit, which allows the Community Development Director significant discretion in applying conditions of approval. Given these circumstances, the entire Boutique Sale section is proposed to be deleted and addressed by garage sale regulations. Garage Sales - The City has never required permits for garage sales, but has established performance criteria for them. The major proposed change to this section relates to hours of operation. The hours of operation would be similar to allowed hours for construction in the Noise Ordinance, which are from seven a.m. to seven p.m. The maximum allowable size of off -site signs has been reduced from six (6) square feet (2' by 3' maximum), to four (4) square feet (2' by 2' maximum). The maximum number of allowable off -site signs is proposed to be reduced from eight (8) to six (6). ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. \ \mor _pri_serv\City Share \Community Development \DEV PMTS \Z O A \2003 \01 HOP \Agenda Reports \pc _ 030617.doc CC u r Honorable Planning Commission June 17, 2003 Page 3 Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation can not be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has reviewed this project and found it to qualify for a General Rule Exemption in accordance with Section 15061 of California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. STAFF RECObOONDATIONS 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2003- recommending to the City Council approval of Zoning Ordinance Amendment No. 2003 -01. Attachments: 1. Chapter 5.88, Moorpark Municipal Code 2. Draft Resolution Recommending City Council Approval of Proposed Changes to Regulations of Home Occupations, Boutique Sales, and Garage Sales. \ \morpri_sery \City Share \Community Development \DEV PMTS \Z O A \2003 \01 HOP \Agenda Reports \pc 030617.doc ..vv'vU RESOLUTION NO. PC- 2003 -447 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING ORDINANCE AMENDMENT NO. 2003 -01: AN ORDINANCE TO DELETE CHAPTER 5.88 AND AMEND CHAPTER 17.28 OF THE MOORPARK MUNICIPAL CODE RELATED TO HOME OCCUPATIONS, BOUTIQUE SALES AND GARAGE SALES WHEREAS, on June 4, 2003 the City Council directed the Planning Commission to study, set a public hearing, and provide a recommendation pertaining to amendments to the Zoning Code related to home occupations and garage sales; and WHEREAS, at its meeting of June 17, 2003, the Planning Commission conducted a duly- noticed public hearing to consider Zoning Ordinance Amendment No. 2003 -01: a proposed ordinance for the deletion of Chapter 5.88 and amendment to Chapter 17.28 (Exhibit A) of the Moorpark Municipal Code pertaining to home occupations and garage sales; and WHEREAS, at its meeting of June 17, 2003, the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; closed the public hearing; and reached a decision on this matter; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that this project is exempt from the provisions of the California Environmental Quality Act (CEQA) under the general rule that CEQA does not apply to projects with no potential for causing a significant effect on the environment. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. GENERAL PLAN CONSISTENCY: The proposed amendments to Chapter 17.28 of the Moorpark Municipal Code are consistent with the City's General Plan, in particular Land Use Element policies 1.1 which calls for orderly residential development. ATTACHMENT 3 Resolution No. PC- 2003 -447 Page 2 delete Chapter 5.88 and amend Chapter 17.28 of the Moorpark Municipal Code (Exhibit A). SECTION 3. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners Lauletta, Peskay, Pozza and Chair Landis NOES: ABSTAIN: ABSENT: Vice Chair DiCecco PASSED AND ADOPTED this 17th DAY OF JUNE, 2003. Kipp A. Landis, Chair ATTEST: Barry K. Hogan Community Development Director Exhibit A: Draft Ordinance \ \mor_pri_sery \City Share \Community Development \ADMIN \COMMISSION \Final Reso \pc 447 zoa 2003 -01 HOP.doc v v �