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HomeMy WebLinkAboutRES PC 2013 582 2013 0226 RESOLUTION NO. PC-2013-582 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING ORDINANCE AMENDMENT NO. 2013-01: AN AMENDMENT TO SECTION 17.28.020(B) (HOME OCCUPATIONS AND GARAGE SALES) OF TITLE 17 (ZONING) OF THE MOORPARK MUNICIPAL CODE WHEREAS, at its meeting of February 26, 2013, the Planning Commission conducted a duly-noticed public hearing on Zoning Ordinance Amendment No. 2013-01: an Amendment to Section 17.28.020(B) (Home Occupations and Garage Sales) of Title 17 (Zoning) of the Moorpark Municipal Code, received public testimony on the proposed amendment, and after receiving oral and written public testimony, closed the public hearing and reached a decision; and WHEREAS, at its meeting of February 26, 2013, 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; and reached a decision on this matter. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: 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 by the general rule that CEQA only applies to projects that may have a significant effect on the environment. SECTION 2. GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY: The Planning Commission finds Zoning Ordinance Amendment No. 2013-01 to be consistent with the City of Moorpark General Plan and all adopted Specific Plans. SECTION 3. RECOMMENDATION: The Planning Commission recommends to the City Council approval of Zoning Ordinance Amendment No. 2013-01: an Amendment to Section 17.28.020(B) (Home Occupations and Garage Sales) of Title 17 (Zoning) of the Moorpark Municipal Code, as recommended by staff and shown in Exhibit A, attached. Resolution No. PC-2013-582 Page 2 SECTION 4. FILING OF RESOLUTION: The Community Development Director shall 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 Di Cecco, Hamous, Landis, Vice Chair Groff, and Chair Gould NOES: None ABSTAIN: None ABSENT: None PASSED AND ADOPTED this 26th day of February, 2013. Diana S. G e . . ' hair ati. / / David A. Bobardt, Community Development Director Exhibit A: Draft Amendment Resolution No. PC-2013-582 Page 3 EXHIBIT A Draft Amendment to Section 17.28.020(B) (HOME OCCUPATIONS AND GARAGE SALES) of Title 17 (Zoning) of the Moorpark Municipal Code Section 17.28.020(B) is amended as follows: 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: 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 (3) students per session and/or six (6) 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 (6) students per day and/or three (3) 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 of this code. Resolution No. PC-2013-582 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 (10%) of the gross floor area of the residence, or in no case less than one hundred fifty (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 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 subsection (B)(1)(b)(v) of this section is prohibited. Resolution No. PC-2013-582 Page 5 c. Conditions. In granting a home occupation permit, the director may impose conditions to safeguard and protect the public health and 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 othcrwisc cpccificd, thc home occupation permit shall be valid for fivc (5) y ars from thc date of issuancc. The e.Revocation of Permit. A home occupation permit may be revoked pursuant to the revocation provisions of chapter 17.44 of this title if the community development director makes any of the following findings in addition to any of the findings for revocation in chapter 17.44 of this title 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. v. The use for which the home occupation permit was granted has become nonconforming due to a change in the municipal code. In the event of a conflict between the findings and provisions of this section with respect to the revocation of a home occupation permit and those of chapter 17.44, the findings and provisions of this section shall control. 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 five (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 (7:00) a.m. and seven (7:00) p.m. Resolution No. PC-2013-582 Page 6 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 (1) 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 (B)(2)(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 this code, shall be prohibited. - END-