HomeMy WebLinkAboutAGENDA REPORT 1992 1202 CC REG ITEM 11EI ,t
MOORPARK ITEM 1 E
799 Moorpark Avenue Moorpark, California 93021
M E M O R A N D U M
TO: The Honorable City Council
(805) 525;
of
ACTION:
3. t
By
FROM: Jim Aguilera, Director of Community Developme
Kathleen Mallory Phipps, Associate Planner
DATE: November 23, 1992 (for the CC's 12 -2 -92 meeting)
SUBJECT: HOME OCCUPATION PERMITS - MUNICIPAL CODE AND ZONING
ORDINANCE
Background:
On Monday, November 16, 1992 the Planning Commission discussed the
need for modifications to Section 5.88 of the Moorpark Municipal
Code pertaining to Home Occupation Permits within the City.
Discussion:
As part of the update to the City's Zoning Ordinance, Article 10,
Section 8107 -1.2, all reference to Home Occupation permits was
deleted. The rationale behind this deletion was that Home
Occupation Permits are regulated through the Municipal Code and the
verbiage in the zoning code was redundant.
As currently written, Section 5.88 of the Moorpark Municipal Code
specifies that only one Home Occupation permit shall be issued per
home and per business. Based upon the present economic environment,
the Commission felt that the Municipal Code was to restrictive by
stipulating that only one Home Occupation Permit should be issued
per dwelling. Therefore, the Commission concluded that Section 5.88
should be revised to allow one Home Occupation Permit for two
businesses per home.
Recommendation:
1. The Planning Commission recommends that the City Council
instruct staff to make the appropriate changes to Section 5.88
of the Municipal Code and return the item to the City Council
for consideration at the next available Council meeting.
PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E. TALLEY JR.
Mayor Mayor Pro Tem Councilmember Councilmember Councilmember
Printed On Recycled Paper
The Honorable City Council
November 17, 1992
Page 2
2. Conversely, if the Council does not agree with the Planning
Commission's recommendation, a motion to dismiss the
Commission's request from further consideration would be in
order.
Attachments:
Section 5.88 of the Moorpark Municipal Code
Section 8107 -1.2 of the revised Zoning Ordinance
JA:KMP
5.84.090-- 5.88.010
��-- B. The poundmaster shall notify the tax collector
promptly of such revocation. No part of the animal license
fee shall be refunded in the event of such revocation.
(Ord. 6 §1(part), 1983)
5.84.090 Compliance with zonin rovisions. The pro-
visions of this chapter are in addition to, and not in
limitation of, the provisions of any applicable zoning laws
or ordinances. A license issued pursuant to this chapter
shall cease to be valid whenever the operation of the ken-
nel to which the license applies becomes a prohibited use
for the zone in which it is then located. (Ord. 6
§1(part), 1983)
5.84.100 Authority of poundmaster. For the purposes
of'this chapter, the poundmaster is authorized to do all
those things which the sheriff is empowered to do pursuant
to Sections 5.04.050, 5.04.280(A), (D) and (G) and 5.04.310
�. of this title. (Ord. 6 §l(part), 1983)
'• r
Chapter 5.88
HOME OCCUPATIONS BOUTI UE SALES AND GARAGE SALES
C'
Sections:
5.88.010 Definitions.
5.88.020 Criteria and limitations for home
occupations, boutique sales and garage
sales.
5.88.030 Revocation.
5.88.010 Definitions. A. "Home occupations" means
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 struc-
ture 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" means 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 wood-
working.
C. "Garage sales" means a sale from a residence or
residential property of personal property which has been
owned or used previously by an individual or resident re-
siding 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 items of personal
property when such sale shall not be a part of a general
163 (Moorpark 11/91)
MI
sale of items of personal property. (Ord. 141 §1(part),
1991: Ord. 126 §1(part), 1990)
5.88.020 Criteria and limitations for home occupa-
tions, boutique sales and aaraae 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 neighbor-
hood.
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 par-
cel 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:
Nonapproved 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.
e. The home occupation permit shall be subject
to renewal after five years, in conjunction with the re-
quired city yearly business registration or license when
applicable, for that year. Any request for renewal shall
be submitted prior to the expiration of the existing per-
mit. The processing fee shall not be refunded if the re-
quest 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.
(Moorpark 11/91) 164
c
3
s
2. Boutique sales shall be permitted in all resi-
dential zones, provided the boutique
the director of community developmentpasmvalid anpdreonform-
ing with the following criteria and conditions as they
pertain to the permit:
a. The applicant(s) shall provide a copy of
their sellers permit issued by the California State Board
Of Equalization, and shall complete an approved business
registration permit. After the city has received a copy
the sellers permit and an approved business registrationof
Permit, a standard zoning clearance will be issued to the
applicant(s). The applicants) shall be required to pay
the standard fee for the business registration permit and
zoning clearance.
3. Garage sales shall be permitted in all residen-
tial zones, provided the garage sale is valid and conform-
ing with the criteria and conditions identified in this
chapter. No application
shall, however, monitor processing is required. The city
_ with the criteria and limitagionslidentifiedrincsubsectio
(B) of this section. n
B. Permit Criteria and Limitations.
1• Home Occupations. e carrying a.
home shall be as ha sec ndar on of any business within the
b. If the residenceeshall not be owner -oc-
cupied, the resident must provide written perm
the property owner to conduct a home occupationssion from
C.
home occupation No accessory structure shall be used for
Purposes.
d. No more than one (1) employee, other than
residents, shall be permitted.
e. The use not ve-
hicular traffic beyond thatlnormal torthe zzonin dis or
in which it is located. g district t
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 Section
10.04.300.
vehicle Nsand (1) identifiable commercial
in connection with the home Occcupattionrshallebeht perm less or
d
h. The home occupation shall not involve lthe
use of signs, merchandise, products or other material or
equipment to be displayed for advertising
i• No outside storage of materiialso
Perm shall be
itted, and no storage of equipment shall be maintained
on the property as it relates to construction or similar
occupations.
Of color, design, use shall be permitted which,
noise or vibrations, alters the residential by reason
ion, lighting, signs,
the premises, or which unreasonably disturbsctheact c of
quiet of the surrounding residents. Peace and
164 -1 (Moorpark 11/91)
MI
5.88.020
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 shall be
maintained in the designated area as approved by the direc-
tor of community development.
1. The home occupation permittee shall possess
a valid Moorpark city business registration permit, which
shall be reviewed and renewed annually.
M. Only one (1) home occupation may be conduct-
ed in the dwelling unit.
n. There shall be no storage of flammable, tox-
ic, hazardous, combustible materials indoors or outdoors,
including, but not limited to, gasoline, solvent or gun
powder for purposes other than permitted in the zoning dis-
trict.
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 car -
port not recognized as being part of normal household or
hobby use.
p. The use shall not be such as to create ex-
cessive demand for municipal or utility services or commu-
nity facilities beyond those actually and customarily pro-
vided 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 com-
mercial activities in residential zones, except as is oth-
erwise 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 plan-
ning 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; provid-
ed, however, a fourth sale shall be permitted if satisfac-
tory proof of a bona fide change in ownership of real prop-
erty is first presented to the director of community devel-
opment 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 constitutes a single sale event. Bou-
tique sales are conducted between the hours of nine a.m.
and six p.m., with the exception that one (1) evening dur-
ing the week a boutique sale may be conducted until nine
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.
(Moorpark 11/91) 164 -2
C
5.88.020
164 -3 (Moorpark 11/91)
C. A maximum of eight (8) off -site directional
signs, not to exceed eighteen (18) inches by twenty -four
(24) inches,
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 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 with-
out 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 (a) of this
section.
''-
e. No boutique sale shall be held so as to in-
clude 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 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 butique sale may be held at a church,
school, or
community
proval of ydire subject ap-
a zoning clearance by the torofocommunity
development or his authorized
representative.
g. The conduct of general retail sales or com-
mercial activities in residential
zones, except as is oth-
erwise expressly authorized under the Moorpark zoning code,
shall be prohibited.
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 event
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 conduct-
ed shall
constitute a single sale event or seventy -two (72)
hours, whichever is the lesser.
Garage sales shall be con-
ducted between the hours of nine a.m. and six
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 two (2) feet by three (3) feet, shall
164 -3 (Moorpark 11/91)
be permitted. Written permission to erect signs on private C
property shall be obtained from the property owners of the
site where such signs are to be placed. This written au-
thorization 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 with-
out 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 (a) of this
section.
e. No garage sale shall be held so as to in-
clude 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 fora 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 com-
mercial activities in residential zones, except as is oth-
erwise expressly authorized under the Moorpark zoning code,
shall be prohibited. (Ord. 141 §1(part), 1991; Ord. 126 C
§1(part), 1990)
5.88.030 Revocation. A home occupation or boutique
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 bou-
tique sale permit has been violated; I.
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. (Ord. 141
§1 (part), 1991; Ord. 126 §1(part), 1990)
0
(Moorpark 11/91) 164 -4
ARTICLE 7
STANDARDS FOR SPECIFIC USES
Sec. standards and PURPOSE rg lations which apply to proposed set forth
standards regulations
Sec. 8107 -1 - STANDARDS RELATING TO DWELLINGS
Sec. 8107 -1.1 - Antennas Ground- Mounted - No antenna or mast
shall exceed 75 feet in height. The crank -up variety of ham
radio antennas should be used. All units are encouraged to be
color- coordinated to harmonize with predominant structural
background material, so as to reduce visual impacts. Where
feasible, support structures shall be screened from public view.
The most unobtrusive locations for the antennas are generally
in the rear yard, behind trees and adjacent to main or
accessory buildings in order to provide background screening
for the support structure.__ The height, nature, texture and
—color of all materials to be used for the installation,
including landscape materials, shall be suhmitted with the
permit application.
Sec. 8107 -1.2 - Home Occupations - See Municipal Code
prrepeEty et=,:11:jta1:f1±nE1 us residential
the + c , , s Within
.+�
52
Seems 8107 1.2.8 The existenee of a home eeeupatien shall
net be evident bereed -the beundaries of the pEepeEty
whiezh —rte is eendueted. `'here sha!4: be die— internal: —er
external alteEatiea6 te the dwelling whieh are not
See. 8107 1.2.9
er- storage - a € -- highly texie- matterials, as defined -i-e -the
Un i f e rm Fire Code, are- -net peEm_-+_ to
materials are these whie r-e n s pert empes ere-ee u l d Ease
.-
use - er— sterage of le- ewethem hazardeus materials
Fire
must eemply with the r--,, ------ I Is ef the Wenti-i-r-a G 'r- . -
Preteetion Di6trietj pursuant -te the Uoferm Fire Gede,the
Health and S.afety Cede and the Vehiele Gode.
Sec. 8107 -1.3 - Mobilehomes and Manufactured Housing
Sec. 8107 -1.3.1 - Mobilehome Construction - Mobilehomes may
be used as single - family dwellings if the mobilehome was
constructed on or after June 15, 1976. Mobilehomes used as
second dwellings are subject to this date limitation, but
mobilehomes used as caretaker or farm worker dwellings are
not.
Sec. 8107 -1.3.2 - Mobilehome Foundation System - Mobilehomes
which are used as single- family residences or as caretaker or
farm worker dwellings shall be installed on a foundation
system in compliance with Chapter 2, Article 7, Section 1333
of Title 25 of the California Administrative Code.
Nonconforming mobilehomes renewed under a Continuation Permit
shall be in compliance with the applicable provisions of
Chapter 2, Article 7 of Title 25.
Sec. 8107 -1.3.3 - Exterior Siding - Exterior siding of a
single - family dwelling shall extend to the ground level, or
to the top of the deck or structural platform where the
dwelling is supported on an exposed pile foundation
complying with the requirements of Sections 2908 and 2909 of
the Uniform Building Code, or to the top of a perimeter
53