The URL can be used to link to this page

Home My WebLink AboutRES 1986 108 0827RESOLUTION NO. PC -86 -108 A RESOLUTION OF THE MOORPARK PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF SAID CITY THAT THE ZONING CODE OF SAID CITY BE AMENDED IN VARIOUS PARTICULARS RELATING TO HOME OCCUPATION DEFINITION & ADOPTING A HOME OCCUPATION ORDINANCE. WHEREAS, at a duly noticed public hearing held on June 11, June 23, 1986, July 9, 1986, July 23, 1986 and August 13, 1986, the Planning Commission considered the amendment to Article 47, Home Occupation, by deleting the existing definition and adopting a Home Occupation Ordinance which specifically sets the criteria which must be met prior to the issuance of a Home Occupation Clearance and Business License. Amendment in the following zones: Zone Section RA Section 8121 -0.:15 RB Section 8121 -0.06 RE Section 8121 -0.08 RO Section 8121 -0.10 R1 Section 8121 -0.3 R2 Section 8121 -0.13 R3 Section 8121 -0.17 RBH Section 8121 -0.13 RPD Section 8121 -0.16 WHEREAS, the Planning Commission, after review and consid- eration of the information contained in the staff report dated June 11, 1986 (revised August 13, 1986) has reached its decision in the matter; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That the Planning Commission hereby recommends to the City Council of said City that the zoning Ordinance be amended to specifically set the criteria which must be met prior to the issuance of a Home Occupation Clearance and Business License. SECTION 2. That at its meeting of August 13, 1986, the Planning Commission took action to request staff to prepare a resolution recommending to the City Council amendments to the Zoning Ordinance in the nine (9) existing zones contained herein; said resolution to be presented at the next regularly scheduled meeting. The action with the foregoing direction was approved by the following roll call bote; AYES: Commissioners and Keenan; NOES: None; ABSENT: None. Holland, Rosen, La Perch, Claffey PASSED, APPROVED AND ADOPTED this 27 day of August, 1986. ATTEST: �� )�eAilee� Acting Secretary ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA ADDING CHAPTER L@ TO TITLE 9 OF THE MOORPARK MUNICI- PAL CODE; AND MAKING CERTAIN AMENDMENTS AND DELETIONS TO THE VENTURA COUNTY ZONING ORDINANCE, AS ADOPTED BY THE MOORPARK CITY COUNCIL ON SEPTEMBER 21, 1983, ALL PERTAINING TO HOME OCCUPATIONS. WHEREAS, at duly noticed public hearing of the Moorpark Planning Commission considered a proposed amendment to the Moorpark Municipal Code and to certain sections of Chapter 8, Zoning, of Division 8 of the County Ordinance Code, adopted by the City Council of the City of Moorpark on September 21, 1983; and WHEREAS, after careful consideration, the Planning Commission reached its decision in the matter and adopted its Resolution No. PC- 86 -108 recommending approval of said proposed amendments; and WHEREAS, public notice having been given in time, form and manner as required by law, the City Council of the City of Moorpark has duly considered said proposed amendments and has reached its decision; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapter 12 is hereby added to Title 9 of the Moorpark Municipal Code, to read as follows: "CHAPTER 12" "HOME OCCUPATIONS" "Section 9.12.010 - Definition "Any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which does not change the character thereof or does not adversely affect the uses permitted in the zone of which it is a part." "Section 9.12.020 - Permit Criteria for Home Occupations; Issuance "Home occupations may be authorized where permitted by City code, provided the home occupation is approved by the Director of Community Development as a valid and conforming with the following criteria and conditions as they pertain to the permit: A. Application Processin 1. The applicant(s) shall provide a Letter of Intent which explains the proposed home occupation and any potential impact on adjacent properties or the neighborhood. Application Processing (continued) ?� The Letter of Intent shall be submitted to the Community Development Department with pre- addressed envelopes and adequate postage which will be mailed by the Department of Community Development to the affected property owners as defined on the Assessor's Map(s) by the Community Development Director or his designee as the area of concern. The property owner recipients of the Letter of Intent shall have ten (10) days in which to submit a written response to the proposed home occupation. The Community Development Director shall evaluate the written responses and shall determine if the application for a Home Occupation Permit shall be heard by the Planning Commission or issue the permit. B. Permit Criteria 1. The carrying on of any business within the home shall be as a secondary use. 2. If the residence is not owner- occupied, the resident must provide written permission of the property owner to conduct a home occupation. 3. No accessory structure or outside storage shall be used for home occupation purposes. 4. No employee(s) shall be permitted other than resident members of the resident family. 5. The use shall not generate pedestrian or vehicular traffic beyond that normal to the zoning district in which it is located. 6. No identifiable commercial vehicle over five thousand (5,000) pounds gross weight in connection with the home occupation shall be permitted as limited by Ordinance No. 53. 7. the use shall not involve the use of signs, merchandise, products, or other material or equipment to be displayed for advertising purposes. 8. No storage of equipment or material shall be maintained on the property as it relates to construction or related occupa- tions. 9. No use will be permitted which, by reason of color, design, materials, construction, lighting, signs, noise, or vibrations, which alters the residential character of the premises, or which unreasonably disturbs the peace and quite of the surrounding residents. Permit Criteria (continued) 10. Not more than one (1) room in the dwelling shall be used for home occupation purposes, and the storage of related material must be maintained in the approved area as approved by the Director, and the use shall be limited to no more than twenty percent (20 %) of the gross floor area of the dwelling. The garage or carport shall not be used for home occupation purposes. 11. Home Occupation permittee must possess a valid Moorpark City Business License (if applicable), which shall be reviewed annually. Annual fees shall be as set by the City Council by resolution, and shall not be prorated. 12. Only one (1) home occupation may be conducted in the dwelling unit. 13. 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 other than permittted in the zoning district. 14. There will be no storage of material and /or supplies in the garage or carport not recognized as being part of normal household or hobby use. ,sue. 15. The use shall not be such as to create excessive demand for municipal or utility services or community facilities beyond those actually and customarily provided for residential uses. 16. There shall be no use in the premises of material or mechanical equipment not recognized as being part of normal household or hobby use. 17. Other specific conditions that may be deemed necessary by the Director of Community Development or Planning Commission. "Section 9.12.030 - Revocation "A Home Occupation Permit granted in accordance with the provisions of this chapter may be terminated if the Director of Community Develop- ment makes any of the following findings: 1. A condition of the home occupation permit has been violated. 2. The use has become detrimental to the public health, welfare and safety, traffic or constitutes a nuisance. 3. The permit was obtained by misrepresentation or fraud. 4. The use for which the permit was granted has ceased for six (6) months or more. "Section 9.12.030 - Revocation (continued) 5. The condition of the premises, or of the area of which it is a part, has changed so that the use is no longer justified under the meaning and intern of this chapter. "Section 9.12.040 -Appeal Appeal "Issuance or Revocation by the Director of Community Development under the provisions of this chapter may be appealed to the Planning Commission pursuant to the provisions of Article 43 of Chapter 8, Zoning, of Division 8 of the County Ordinance Code, adopted by the City Council September 21, 1983. "Section 9.12.050 - Non - Transferability "A home occupation permit granted in accordance with the provisions of this chapter shall not be transferred, assigned, or used by any person other than the permittee, nor shall such permit authorize such home occupation at any location other than the one for which the permit is granted. "Section 9.12.060 - Non - Conforming "Non- conforming home occupations shall be discontinued or shall comply with all the provisions of this chapter on or before one (1) year from adoption." SECTION 2. That the definition of "Home Occupation" listed under Section 8170 -1 of Article 47 of Chapter 8, Zoning, of Division 8 of the County Ordinance Code is hereby deleted. SECTION 3. That the following sections of Chapter 8, Zoning, of Division 8 of the County Ordinance Code shall be amended as herein- after set forth: Zone Section RA Section 8121 -0.15 RB Section 8121-0.06 RE Section 8121-0.08 RO Section 8121-0.10 R1 Section 8121-0.3 R2 Section 8121-0.13 R3 Section 8121-0.17 RBH Section 8121-0.13 RPD Section 8121-0.16 SECTION 4. That 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 News, a weekly news- paper of general circulation, as defined inSection 6008 of the Government Code, for the City of Moorpark, and which is hereby desig- nated for that purpose. PASSED AND ADOPTED this _ day of , 1986 Mayor of the City of Moorpark, California ATTEST: Deputy City Clerk (SEAL) t: