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HomeMy WebLinkAboutAGENDA REPORT 2003 1001 CC REG ITEM 11A.` - L /o -a/ a003 ...._� 31: a� &-rrt�` ORDINANCE NO. 296 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 Licenses and Regulations, of hereby deleted in its entirety. of Title 5, Business Taxes, the Moorpark Municipal Code is 00®105 Ordinance No. 296 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 lst day of October, 2003. Patrick Hunter, Mayor ATTEST: ueborah S. Traffenstedt, City Clerk Exhibit A: Amendments to Chapter 17.28.020(B) 111 1. Ordinance No. 296 Page 3 EXHIBIT A 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 meeting 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 P 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. 00010'7 Ordinance No. 296 Page 4 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 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 (100) of the gross floor area of the residence, or in no case less than 150 square feet, whichever is greater. 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. 000108 Ordinance No. 296 Page 5 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 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 000109 Ordinance No. 296 Page 6 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 three (3) residences or parcels 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. i 1 l