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HomeMy WebLinkAboutORD 126 1990 0516ORDINANCE NO. 126 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA REVISING CHAPTER 12 TO TITLE 9 OF THE MOORPARK MUNICIPAL CODE; PERTAINING TO HOME OCCUPATIONS, TO INCLUDE REGULATION OF HOME OCCUPATIONS, BOUTIQUE SALES AND GARAGE SALES. WHEREAS, at a duly noticed public hearing held March 5, 1990, the Moorpark Planning Commission considered a proposed amendment to the Moorpark Municipal Code and to certain sections of Chapter 12, to Title 9 of the Moorpark Municipal Code; and WHEREAS, after careful consideration, the Planning Commission reached its decision in the matter and adopted Resolution No. PC- 90 -208 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 at a public hearing on April 18, 1990, 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 to Title 9 of the Moorpark Municipal Code is hereby amended by revising the title as follows: Home Occupations, Boutique and Garage Sales, and by revising and adding various sections to Chapter 12 to read as follows: 1 "CHAPTER 12 HOME OCCUPATIONS, BOUTIQUE SALES, AND GARAGE SALES Section 9.12.10 - Definitions (A) Home Occupations - 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. (B) Boutique Sales- A sale from a residence or residential property of small handcrafted items. These items may include, but are not limited to, the following: Items produced by sewing, needlework, ceramics and woodworking. (C) Garage Sales- A sale from a residence or residential property of personal property which has been owned or used previously by an individual or resident residing on the premises where the sale is conducted. A yard or patio sale shall be included within the definition of 'garage sale'. The term 'garage sale' shall not include the mere incidental sale of one or two (2) items of personal property when such sale is not a part of a general sale of a number of items of personal property. (1) General Retail Sales Prohibited The conduct of general retail sales or commercial activities in residential areas, except as is otherwise expressly authorized under this Code, shall be prohibited. Section 9.12.020 - Criteria and Limitations for Home Occu ations Boutique Sales and Garage Sales (A) Application Processing (1) Home Occupations Shall be permitted in all residential zones, provided the home occupation is approved by the Director of Community Development as a valid use and conforming with the following criteria and conditions as they pertain to the permit: (a) 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. 2 (b) The Letter of Intent shall be submitted to the Community Development Department with pre- addressed business 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. (c) 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 either issue the permit or determine that the application for a Home Occupation Permit shall be heard by the Planning Commission. (2 ) Bouticrue Sales Shall be permitted in all residential zones, provided the boutique permit is approved by the Director of Community Development as valid and conforming with the following criteria and conditions as they pertain to the permit: (a) The applicant(s) shall provide a copy of their Seller's Permit issued by the California State Board of Equalization, and shall complete an approved Business Registration Permit. After the City has received a copy of the sellers permit and an approved business registration permit, a Standard Zoning Clearance will be issued to the applicant(s). The applicant(s) shall be required to pay the standard fee for the Business Registration Permit and Zoning Clearance. (3) Garage Sales Shall be permitted in all residential zones, provided the garage sale is valid and conforming with the criteria and conditions identified in this chapter. No application processing shall be required. The City shall, however, monitor garage sales to ensure compliance with the criteria and limitations identified in subsection (B) of this Section. (B) Permit Criteria and Limitations (1) Home Occupations (a) The carrying on of any business within the home shall be as a secondary use. (b) If the residence is not owner- occupied, the resident must provide written permission from the property owner to conduct a home occupation. 3 (c) No accessory structure shall be used for home occupation purposes. (d) No more than one (1) employee, other than residents, shall be permitted. (e) The use shall not generate pedestrian or vehicular traffic beyond that normal to the zoning district in which it is located. (f) 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. (g) 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. (h) The home occupation shall not involve the use of signs, merchandise, products or other material or equipment to be displayed for advertising purposes. (i) No outside storage of materials shall be permitted, and no storage of equipment shall be maintained on the property as it relates to construction or similar occupations. (j) No use shall be permitted which, by reason of color, design, materials, construction, lighting, signs, noise or vibrations, alters the residential character of the premises, or which unreasonably disturbs the peace and quiet of the surrounding residents. (k) The home occupation use shall be limited to no more than twenty percent (20 %) of the gross floor area of the dwelling. The storage of related material must be maintained in the designated area as approved by the Director of Community Development. (1) The Home Occupation permittee must possess a valid Moorpark City Business Registration Permit, which shall be reviewed and renewed annually. (m) Only one (1) home occupation may be conducted in the dwelling unit. (n) 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. (o ) The garage or carport shall not be used for home occupation or business purpose. There will be no storage of 4 material and /or supplies in the garage or carport not recognized as being part of normal household or hobby use. (p) 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. (q) There shall be no use on the premises of material or mechanical equipment not recognized as being part of normal household or hobby use. (r) Other specific conditions that may be deemed necessary by the Director of Community Development or Planning Commission. (2) Boutique Sales (a) No more than three (3) boutique sales shall be conducted on the premises in any calendar year; provided, however, a fourth sale shall be permitted if satisfactory proof of a bonafide change in ownership of real property is first presented to the Director of Community Development or his duly authorized representative. No single sale event shall be conducted for longer than three (3) consecutive days. Boutique sales shall not be held for more than two (2) consecutive weekends. Each weekend that sales are conducted shall constitute a single sale event. Boutique sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m., with the exception that one (1) evening during the week a boutique sale may be conducted until 9:00 p.m. (b) Property offered for sale at a boutique 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 boutique sale may be displayed in any front yard ( except paved driveway) or in any public right -of -way. (c) A maximum of eight (8) off -site directional signs, not to exceed 18 inches by 24 inches, shall be permitted. Written permission to erect signs on private property must 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 boutique 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 boutique 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 (1) of this section. (e) No boutique sale shall be held so as to include more than one residence or parcel at the site of the sale unless first obtaining approval from the Director of Community Development or his authorized representative. In granting an approval for a boutique sale encompassing more than one residence or parcel, the Director of Community Development may impose reasonable conditions consistent with the policies of this section. (f) A boutique sale may be held at a church, school, or community center facility, subject to the approval of a Zoning Clearance by the Director of Community Development or his authorized representative. (3) Garage Sales (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 bonafide change in ownership of real property is first presented to the Director of Community Development or his duly authorized representative. No single sale shall be conducted for longer than three (3) consecutive days. Garage sales shall not be held for more than two (2) consecutive weekends. Each weekend that sales are conducted shall constitute a single sale event, or seventy -two (72) hours, whichever is the lesser. Garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 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 eight (8) off -site directional signs, not to exceed 18 inches by 24 inches, shall be permitted. Written permission to erect signs on private property must 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. C (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 (1) 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 unless first obtaining approval from the Director of Community Development or his authorized representative. In granting an approval for a garage sale encompassing more than one residence or parcel, the Director of Community Development may impose reasonable conditions consistent with the policies of this section. Section 9.12.030 - Revocation A Home Occupation or Boutique Sale 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: (A) A condition of the Home Occupation Permit, or Boutique Sale Permit has been violated. (B) The use has become detrimental to the public health, welfare and safety; is resulting in a significant traffic impact; or constitutes a nuisance. (C) The Home Occupation Permit or the Boutique Sale Permit was obtained by misrepresentation or fraud. (D) The use for which the Home Occupation Permit was granted has ceased for six (6) months or more." SECTION 2. Severability. If any provision or clause of this Ordinance or the application thereof to any person or circumstance is held to be unconstitutional or to be otherwise invalid by a final judgment of any court of competent jurisdiction, such invalidity shall not affect any other provisions or clauses or applications thereof which can be implemented without the invalid provision or clause or application, and to this end, the provisions and clauses of this Ordinance are declared to be severable. SECTION 3. This Ordinance shall take effect thirty (30) days after its passage and adoption. SECTION 4. 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 7 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 a weekly newspaper of general circulation, as defined in Section 6008 of the government Code, for the City of Moorpark and which has been designated for that purpose. PASSED AND APPROVED THIS 16th day of May , 1990. Ammvom. Mayor of the City of Moorpark, California D3 MOORPARK PAUL W. LAWRASON, Jr. Mayor SCOTT MONTGOMERY Mayor Pro Tern ELOISE BROWN Councilmember CLINT HARPER, Ph.D. Councilmember BERNARDO M. PEREZ Councilmember LILLIAN KELLERMAN City Clerk STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) SS. STEVEN KUENY City Manager CHERYL J.KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer I, Lillian E. Kellerman, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 126 was adopted by the City Council of the City of Moorpark at a meeting held on the 16th day of May 1990, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS BROWN, HARPER, LAWRASON, MONTGOMERY AND MAYOR PEREZ NOES: NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 18th day of May , 1990. 799 Moorpark Avenue Moorpark, Cafifomia 93021 (805) 529 -6864