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HomeMy WebLinkAboutAGENDA REPORT 1991 0619 CC REG ITEM 12AITEM L � MOORPARK 799 Moorpark Avenue M- orpark, California 93021 (805) 529 -6864 M E M O R A N D U M TO: The Honorable City Cou.ncr.l FROM: Patrick J. Richards, Director of Community Development I DATE: June 12, 1991 SUBJECT: INTRODUCE FOR SECOND READING ORDINANCE NO. 141 AMENDING THE MOORPARK MUNICIPAL REGARDING THE CITY'S HOME OCCUPATION PERMIT PROCESS TO INCLUDE TIME LIMITS AND PROCESSING FEE Background At the City Council's meeting of Jurl.e 5, 1991, the Council voted to recommend approval of, and introduced for first reading, Ordinance No. 141 which amends the Moorpark Municipal Code regarding the City's Home Occupation Permit process to include Time Limits and processing fee. Recommendation Introduce Ordinance No. 141 for second reading. Attachment: PAUL W. LAWRASON JR Mayor Ordinance No. 141 ;ORPARK, CALIFORNIA Ciiy Co cll Meeflng of 199L ACTION: BERNARDO M. PEREZ SCOTT MONT )MER) ROY E TALLEY JR JOHN E. WOZNIAK Mayor Pro Tem Courcllme er Councilmember Councilmember ITEM L � MOORPARK 799 Moorpark Avenue M- orpark, California 93021 (805) 529 -6864 M E M O R A N D U M TO: The Honorable City Cou.ncr.l FROM: Patrick J. Richards, Director of Community Development I DATE: June 12, 1991 SUBJECT: INTRODUCE FOR SECOND READING ORDINANCE NO. 141 AMENDING THE MOORPARK MUNICIPAL REGARDING THE CITY'S HOME OCCUPATION PERMIT PROCESS TO INCLUDE TIME LIMITS AND PROCESSING FEE Background At the City Council's meeting of Jurl.e 5, 1991, the Council voted to recommend approval of, and introduced for first reading, Ordinance No. 141 which amends the Moorpark Municipal Code regarding the City's Home Occupation Permit process to include Time Limits and processing fee. Recommendation Introduce Ordinance No. 141 for second reading. Attachment: PAUL W. LAWRASON JR Mayor Ordinance No. 141 ;ORPARK, CALIFORNIA Ciiy Co cll Meeflng of 199L ACTION: BERNARDO M. PEREZ SCOTT MONT )MER) ROY E TALLEY JR JOHN E. WOZNIAK Mayor Pro Tem Courcllme er Councilmember Councilmember ORDINANCE 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 ;E 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, B,:)utique Sales and Garage Sales at a public hearing on May 1, 1991, .end has reached its decision; NOW THEREFORE THE CITY b'OUNCII, OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOI^� ;: SECTION 1. That Chapter `188 to Title 5 of the Moorpark Municipal Code is hereby amended r.o read as follows: "CHAPTE), 5.88" HOME OCCUPATIONS, BO11TIQUE 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 affe t the lases 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 follow;ng: Items produced by sewing, needlework, ceramics and woodwork ng (C) Garage Sales- A sal property of personal property Previously by an individual or where the sale is conducted. included within the definition e sale' shall not include the mere items of personal property whe general e from a residence or residential dhich has been owned or used .r,(, I Sident residing on the premises yard or patio sale shall be f 'garage sale'. The term 'garage cidental sale of one or two (2) n such sale is not a part of sale of a number of item- )f personal property. a 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 t1i.ey pertain to the permit: (a) The applicant(s) shall provide a Letter of Intent which explains the proposed tome occupation and any potential impact on adjacent propertie'; 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 D_i i � -actor or his designee as the area of concern. (c) The property ownt,r 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 Occupa °-.ion Permit shall be heard by the Planning Commission. (d) A Home Occupation P'2rmit processing fee established by City Council resolution shall be paid at the time the Letter of Intent, or the request foz renewal is submitted. This processing fee shall t- 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 t.lze following: Non - approved changes t, the business have occurred, expiration of, or failure to secure a business registration or license when applicable, or any other violations as stipulatec: in Section 5.88.030 of the City of Moorpark Munic t .1 'ode. 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 renewa_. three weeks prior to their next expiration date of their current business Registration. The current Home Occupation Permit fee shall :)e 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 -hey 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 applicants) shall be required to pay the standard fee for the Busines4, 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 °.his chapter. No application processing shall be requir,:?d. The City shall, however, monitor garage sales to ensue compliance with the criteria and limitations identified i subsection (B) of this Section. 4 (B) Permit Criteria and Limitations (1) Home Occupations (a) The carrying on :)f any business within the home shall be as a secondary use (b) If the residence is not owner- occupied, the resident must provide written permis. >ion from the property owner to conduct a home occupation. (c) No accessory stricture shall be used for home occupation purposes. (d) No more than one employee, other than residents, shall be permitted. (e) The use shall not generate pedestrian or vehicular traffic beyond that normal. t; 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 pern i.tted 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 occupatic::ri shall not involve the use of signs, merchandise, products ar other material or equipment to be displayed for advertisi.nq 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 con., tructic >n 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 distu I bs. the peace and quiet of the surrounding residents. (k) The home occupation use shall be limited to no more than twenty percent (20 %) c' the gross floor area of the dwelling. The storage of r•el:,ted material must be maintained in the designated area 3 apprcr-red by the Director of Community Development. (1) The Home Occupat:ioi permittee must possess a valid Moorpark City Business. Regi_,� �.rati orw Permit, which shall be reviewed and renewed annual' 5 (m) Only one (1) home =:wccupation 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 Ln the garage or carport not recognized as being part of normal household or hobby use. (p) The use shall nor 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 tr).e Moorpark Zoning Code, shall be prohibited.. (s) Other specific conditions that may be deemed necessary by the Director of '.ommunity Development or Planning Commission may be imposed. (2) Boutique Sales (a) No more than three (3) boutique sales shall be conducted on the premises Ln any calendar year; provided, however, a fourth sale sha.1.1 be permitted if satisfactory proof of a bonafide change _n 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 sage 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 conduct�d unt.iI 9:00 p.m. 6 (b) Property offered for sale at a boutique sale may be displayed on a driveway, ir a house, and /or in a rear yard, but only in such areas. N.) property offered for sale at a boutique sale may be displayed in any front yard ( except paved driveway) or in any public eight -af -way. (c) A maximum of eigh?., (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 nt the residence of one or more of its members pursuant to a.: _L of the requirements of this section. One such sale may he held per year without such sale being deemed one chargeable to the premises in question for the purpose of applying he three (3) sales per year limitation set forth in slabs ;action (1) of this section. (e) No boutique sale Shall be held so as to include more than one residence or parce:; 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 Dire:::tor of Community Development may impose reasonable conditicm� 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 Community Development or his authorized representative, (g) The conduct of general retail sales or commercial activities in residential e,ones, except as is otherwise expressly authorized under t:,o 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 riot 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 conducte: +.', 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 display, =A 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 :.he site where such signs are to be placed. This written au::horization 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 ut.i' ty 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 a1. of the requirements of this section. One such sale may be held per year without such sale being deemed one chargeable �:o the premises in question for the purpose of applying :he three (3) sales per year limitation set forth in subso-tion (B)(2)(a) of this section. (e) No garage sale sha 1 be held so as to include more than one residence or parcel at the site of the sale without first obtaining approval. f,..om the Director of Community Development or his authorized representative. In granting an approval for a garage sa]._, encompassing more than one residence or parcel, the D.ire,i for of Community Development may impose reasonable conditions :7onsistent with the policies of this section. 8 (f) The conduct of general retail sales or commercial activities in residential zones, except as is otherwise expressly authorized under t`le 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 Hom( Occupation Permit, or Boutique Sale Permit has been violated. (B) The use has become detrimental to the public health, welfare and safety; is resulting n it significant traffic impact; or constitutes a nuisance. (C) The Home Occupation Perm., i- or the Boutique Sale Permit was obtained by misrepresentation _i- •'raud (D) The use for which the Home Occupation Permit was granted has ceased for six (6) months or ore." SECTION 2. Severability. I! any provision or clause of this Ordinance or the application ther(cof to any person or circumstance is held to be unconstitutional er to be otherwise invalid by a final judgment of any court competent jurisdiction, such invalidity shall not affect arty )they provisions or clauses or applications thereof which can be implemented without the invalid provision or clause or applicat.iorr and to this end, the provisions and clauses of this Ordinance are ieclared to be severable. SECTION 3. This Ordinance .9 11 11 take effect thirty (30) days after its passage and adoption SECTION 4. The City Clerk � -hall certify to the passage and adoption of this Ordinance; shah; enter the same in the book of original ordinances of said Cit,,; shall make a minute of the passage and adoption thereof in t` °,e records of the proceedings of the City Council at which the lime is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be pub.1 shed once in a weekly newspaper of general circulation, as define in Section 6008 of the Government Code, for the City Moorpark and which has been designated for that purpose. PASSED AND APPROVED THIS day of 1991. ATTEST: City Clerk Mayc.r of the City of Moorpark, Cal.. fornia