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HomeMy WebLinkAboutORD 141 1991 0619ORDINANCE NO. 141 AN ORDINANCE OF THE CITY COUNCIL OF MOORPARK, CALIFORNIA, AMENDING CHAPTER 5.88 OF TITLE 5 OF THE MOORPARK MUNICIPAL CODE TO REVISE REGULATIONS PERTAINING TO HOME OCCUPATIONS, BOUTIQUE SALES AND GARAGE SALES WHEREAS, public notice having been given in time, form and manner as required by law, the City Council of the City of Moorpark considered proposed amendments to Chapter 5.88 of Title 5 pertaining to Home Occupations, Boutique Sales and Garage Sales at a public hearing on May 1, 1991, and has reached its decision; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapter 5.88 to Title 5 of the Moorpark Municipal Code is hereby amended to read as follows: "CHAPTER 5.88" HOME OCCUPATIONS, BOUTIQUE SALES, AND GARAGE SALES Section 5.88.10 - 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 1 of personal property when such sale is not a part of a genera sale of a number of items of personal property. 2 Section 5.88.020 - Criteria and Limitations for Home Occupations, 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 conforms 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. (b) The Letter of Intent shall be submitted to the Community Development Department with pre- addressed business envelopes and adequate postage which will then 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. (d) A Home Occupation Permit processing fee established by City Council resolution shall be paid at the time the Letter of Intent, or the request for renewal is submitted. This processing fee shall be refunded only if the initial permit request is denied. The permit is valid for a period of five (5) years, unless it is revoked due to one of the following: Non - approved changes to the business have occurred, expiration of, or failure to secure a business registration or license when applicable, or any other violations as stipulated in Section 5.88.030 of the City of Moorpark Municipal Code. 3 (e) The Home Occupation Permit shall be subject to renewal after five years, in conjunction with the required City of Moorpark yearly Business Registration or License when applicable, for that year. Any request for renewal shall be submitted prior to the expiration of the existing permit. The processing fee shall not be refunded if the request for renewal is denied. (f) All Home Occupation Permits issued prior to July 1, 1991, shall be subject to renewal three weeks prior to their next expiration date of their current Business Registration. The current Home Occupation Permit fee shall be paid at time of the request for renewal, but shall be refunded if the request for renewal is denied. (2) Boutique 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. 4 (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. (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. 6y (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 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) The conduct of general retail sales or commercial activities in residential zones, except as is otherwise expressly authorized under the Moorpark Zoning Code, shall be prohibited. (s) Other specific conditions that may be deemed necessary by the Director of Community Development or Planning Commission may be imposed. (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. 0 (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. (g) The conduct of general retail sales or commercial activities in residential zones, except as is otherwise expressly authorized under the Moorpark Zoning Code, shall be prohibited. 7 (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 2 feet by 3 feet, 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. (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 (B)(2)(a) 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 without 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. (f) The conduct of general retail sales or commercial activities in residential zones, except as is otherwise expressly authorized under the Moorpark Zoning Code, shall be prohibited. Section 5.88.030 - 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 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 19th day of ATTEST: JUNE , 1991. r Mayor of th6 ity of Moor rk, California MOORPARK rAUL W. LAWRASON JR. Mayor BERNARDO M. PEREZ Mayor Pro Tem SCOTT MONTGOMERY Councilmember JOHN E. WOZNIAK 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 JOHN F. KNIPE 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. 141 was adopted by the City Council of the City of Moorpark at a meeting held on the 19th day of JUNE 1991, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS PEREZ, TALLEY, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSENT: COUNCILMEMBER MONTGOMERY ABSTAIN: NONE WITNESS my hand and the official seal of said City this 20th day of JUNE , 1991. Lillian E. Kellermdn City Clerk 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -686=