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Home My WebLink AboutORD 084 1986 1103ORDINANCE NO. 84 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA ADDING CHAPTER 12 TO TITLE 9 OF THE MOORPARK MUNICIPAL CODE; AND MAKING CERTAIN AMENDMENTS AND DELETIONS TO THE VENTURA COUNTY ZONING ORDINANCE, AS ADOPTED BY THE MOORPARK CITY COUNCIL ON SEPTEMBER 21, 1983, PERTAINING TO HOME OCCUPATIONS. WHEREAS, at duly notice public hearing, 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 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 Occupation Issuance "Home occupations shall be permitted in all residential zones, 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 Processing 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. -1- 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 Parcel 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 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 outside storage shall be used for home occupation purposes. 4. No more than one (1), other than resident members of the resident family, shall be permitted. 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. No more than one (1) identifiable commercial vehicle five - thousand (5,000) pounds gross weight or less in connection with the home occupation shall be permitted. 8. The use shall not involve the use of signs, merchandise, products or other material or equipment to be displayed for advertising purposes. 9. No storage of equipment or material shall be maintained on the property as it relates to construction or related occupations. 10. 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 quiet of the surrounding residents. -2- 11. Not more than one (1) room in the dwelling shall be of use 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. 12. Home Occupation permittee must possess a valid Moorpark City Business License (if applicable), which shall be reviewed annually. Annual fees shall be set by the City Council by resolution, and shall not be prorated. 13. Only one (1) home occupation may be conducted in the dwelling unit. 14. 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 permitted in the zoning district. 15. The garage or carport shall not be used for home occupation or business purpose. 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. 16. The use shall not be such as to create excessive demand for municipal of utility services or community facilities beyond those actually and customarily provided for residential uses. 17. There shall be no use on the premises of material or mechanical equipment not recognized as being part of normal household or hobby use. 18. 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 Development 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. -3- "Section 9.12.040 - ADDeal "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 9.12.050 - Nonconforming _ "Nonconforming 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. If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of_this Ordinance. The City Council of the City of Moorpark hereby declares that it would have passed and adopted this Ordinance and each and all provisions thereof, irrespective of the fact that any one or more of said provisions may be declared invalid. 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 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 3rd day of November , 1986. Mayor of the Ci ty of oor a A, California ATTEST: Deputy City Clerk STATE --OF -CALIFORN 'A ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) I, Inez Bryson Cit Clerk of the City of Moorpark, California, do hereby certify that the foregoing Ordinance No. 84 was adopted by the City Council of the City of Moorpark at an adjourned regular meeting thereof, held on the 3rd day of November , 19 86 , and that the same was adopted by the following vote, to wit: AYES: Mayor Ferguson, Councilmembers Woolard, Prieto, Yancy- Sutton and Hartley NOES: None ABSENT: None WITNESS my hand and the official seal of said City this 31.8 day of November 19 86 .......... (� City /Clerk (SEAL)