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HomeMy WebLinkAboutAGENDA REPORT 1990 0418 CC REG ITEM 09CPAUL W. LAWRASON, Jr. Mayor SCOTT MONTGOMERY Mayor Pro Tem ELOISE BROWN Councilmember CLINT HARPER, Ph.D. Councilmember BERNARDO M.PEREZ Councilmember LILLIAN KELLERMAN City Clerk MOORPARK 17EM�C_ OPPK. �4l �t 0 9 o VTF �o M E M 0 R A N I) U M 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 TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: April 6, 1990 (CC meeting of 4/18/90) SUBJECT: REGULATIONS OF BOUTIQUE /(IARAGE SALES Back round On March 5, 1990 the Planning Commission held a public hearing regarding revisions to Chapter 12 to Title 9 of the Moorpark Municipal Code, pertaining to Home Occupation Permits to include regulations for Boutique /Garage Sales. At the hearing the Planning Commission requested staff to revise the Draft Ordinance as identified below and directed staff to prepare a resolution for consent approval at their next regM..i.lar meeting of March 19, 1990. Re ionq, to the Draft Ordinance a. folLaws: Allov� I ing for a maximum of tlGree boutique /garage sales per year. I - Allow 8 signs not to exceed 2 x 3 ' addressing the event. - Allo one evening boutique sal. not to exceed the hour of 9:00 p.m - T at boutique sales and garage sales be classified as two eparate events within the ordinance Staff revised the Draft Ordinance as directed by the Planning Commission and on March 19, 1990, the Commission adopted Resolution No. PC -90 -208 recommending that the City Council approve the Draft Ordinance. Refer to Attachment 1 fDr Resolution No. PC -90 -208 and 90490E 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 The Honorable City Council (Meeting of 4/18/90) April 6, 1990 Page -2- the Draft Ordinance. Attachment.. 2 is a staff report to the Planning Commission which provides detailed background and discussion information related o the proposed regulation of boutique and garage sales. Staff's original recommendation to the Planning Commission was that signs be limited to two. This restriction is consistent with the City of Thousand Oak's Boutique and Garage Sale regulations. The Planning Commission changed the Draft Ordinance to allow eight signs. It is staff's recommendation that the Council consider reducing the number of signs permitted tc� two. Although Boutique and Garage Sales were placed within Chapter 12 - Home Occupations, there have been no changes made to the Home Occupation Section. The Draft Ordinance includes Home Occupation only because it is found within Cliapt&r ' 2 . Boutique and Garage Sales have not been a major problem throughout the City. Last year there were only four locations where boutique sales occurred that staff is awilre of. No records have been maintained on the number of ga°-age scAles conducted within a specific time period. Recommended Action 1. That the City Council review and consider the information contained within the staff report dated April 6, 1990, open the public hearing, consider testimony received. 2. That the City Council approve the Draft Ordinance as recommended by the Planning Commission and introduce the ordinance for first reading it their next regular scheduled meeting of May 2, 1990, with ?-he following exceptions: a. Limit the number of signs to two (2). b. Limit the number of sales to three (3) consecutive days not to exceed two (2) c( nsecutive weekends. C. Other amendments as determined by the City Council. Attachments: 1. Resolution No. PC -90 -208 and Draft Ordinance 2. Planning Commission Staff Report dated 2/22/90. 90490E ATTACHMENT 1 RESOLUTION NO. PC-90-2G8 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING ADOPTION OF AN ORDINANCE 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 on March 5, 1990, the Moorpark Planning Commission considered a proposed amendment to the Moorpark Municipal Code to revise Chapter 12 to Title 9 to include regulation of home occupations, boutique sales and garage sales; and WHEREAS, the Planning Commission after review and consideration of the information contained in the staff report dated February 22, 1990, concurs that the proposed amendment to the City Municipal Code will not have a significant effect on the environment; and WHEREAS, at its meeting of: March 5, 1990, the Planning Commission opened the public hearing, took testimony from all those wishing to testify, closed the j::)ubl.ic hearing, and reached its decision; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE: AS FOLLOWS: SECTION 1. Pursuant to the provisions of the California Environmental Quality Act (CEQA), the Planning Commission concurs that the project is categorically exempt based on Section 15308 of the State CEQA Guidelines, ano recommends that a Notice of Exemption be filed. SECTION 2. The Planning Commission hereby finds that adoption of the proposed ordinance (Exhibit. A) revising Chapter 12 to Title 9 of the Moorpark Municipal CodE� to include regulation of home occupations, boutique sales and garage sales would serve to further protect the public health, safety and welfare. SECTION 4. The Planning COMMISSion hereby finds that adoption of the proposed ordinance (Exhibit A) would not result in an inconsistency with the City's Gen, -era:. Plan. SECTION 5. The Planning Commission hereby recommends that the City Council adopt the proposed ordinance (Exhibit A) revising Chapter 12 to Title 9 of the Moorpark Municipal Code. The action with the foregoing direct.i..on was approved by the following roll call vote: AYES: NOES: ABSENT: PASSED, APPROVED AND ADOPTED THIS 19TH DAY OF MARCH, 1990. Chairman, John Wozniak ATTEST: Celia La Fleur Secretary 4 ORDINANCE NO. S 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 clonsidered 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 and has reached its decision; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOW' SECTION 1. That Chapter 1,' 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 Charter 12 to read as follows: 1 "CHAP'I:'ER 12" HOME OCCUPATIONS, BOUTIQUE SALES, AND GARAGE SALES Section 9.12.10 - Definitions 6 (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 . pred sec -° ray-b -- lees -k ens'in- -their ei--- --lesidenee.r 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. P, 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 • >f 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, cl.a1L be prohibited. Section 9.12.020 - 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 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 )rr the neighborhood. 2 -7 (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 Occupa +:.ion Permit shall be heard by the Planning Commission. (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 applicants) shall be required to pay the standard fee for the Busines., 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 Limit.at_tons (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. 8 (c) No accessory stru._.tur_e shall be used for home occupation purposes. (d) No more than one (t employee, other than residents, shall be permitted. (e) The use shall not ,generate pedestrian or vehicular traffic beyond that normal t:c 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. (1) The Home Occupation permit.tee must possess a valid Moorpark City Business Registration Permit, which shall be reviewed and renewed annuall,. (m) Only one (1) homEI o(_ �upat ion may be conducted in the dwelling unit. C ' (n) There shall be nc, storage of flammable, toxic, hazardous, combustible materials indoors or outdoors, including, but not limited to, gasoline, solvent or gun powder for purposes other than permdt:ted in the zoning district. 4 (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 advertis ng purposes. (i) No outside storage )f materials shall be permitted, and no storage of equipment.. shalt be maintained on the property as it relates to con: rruction or similar occupations. (j) No use shall be permitted which, by reason of color, design, materials, construct.i.on, lighting, signs, noise or J vibrations, alters tfie residential character of the premises, or which unreasonafJy disturbs the peace and quiet V �Q of the surrounding residents ,v ( k ) ( i ) room in -- ha-- dwel�i - shad -be Y �A-u :E e storage of related material must be maintained in the designated area as approved by the Director, ano the use shall be limited to no more than twenty percent (209 o' the gross floor area of the dwelling. \v (1) The Home Occupation permit.tee must possess a valid Moorpark City Business Registration Permit, which shall be reviewed and renewed annuall,. (m) Only one (1) homEI o(_ �upat ion may be conducted in the dwelling unit. C ' (n) There shall be nc, storage of flammable, toxic, hazardous, combustible materials indoors or outdoors, including, but not limited to, gasoline, solvent or gun powder for purposes other than permdt:ted in the zoning district. 4 9 (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 ire the garage or carport not recognized as being part of r)ormal 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 lse 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 C immunity Development or Planning Commission. (2) Boutique Sales (a) No more than three= (3) boutique sales shall be conducted on the premises iri 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 twe-- +2+ three (3) consecutive weeks, days. Is the rem 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 2 feet by 3 feel.., 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 actLvely being conducted and shall be removed at the close of the' sale activities each day. No signs shall be placed on ut :'_1 it y poa.es or in the public right - of -way. 5 /D (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 t'.o 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 -:onsistent 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 twe --(-2+ three ( 3 ) consecutive weeds 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 far 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 Play 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 util ! 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 al.,.. of the requirements of this section. One such sale may be held per year without such sale being deemed one chargeable wo 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 shad 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 -:onsi.stent 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 iri 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 m.Nre," 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 mplemented without the invalid provision or clause or application, and to this end, the provisions and clauses of this Ordinance are Nec.lared to be severable. 7 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 o, Moorpark and which has been designated for that purpose. PASSED AND APPROVED THIS ____ day of , 1990. ATTEST: City Clerk Mayor of the City of Moorpark, California N. is I3ackground At the City Council MC111011713TAURAK he I , 989, they adopted an interim policy to treat all ATTACHMENT-2- PAUL W. LAWRASON, Jr. Uses, with the Di rector of STEVEN KUENY Mayor ,o subject to applicable City Manager SCOTT MONTGOMERY iF� o� CHERYL J. KANE Mayor Pro Tern, � _; : �'' City Attorney ELOISE BROWN�� PATRICK RICHARDS, A.I.C.P. Councilmember Director of CLINT HARPER, Ph.D. �o� ggrE Community Development Councilmember 1 R. DENNIS DELZEIT BERNARDO M. PEREZ City Engineer Councilmember JOHN V. GILLESPIE LILLIAN KELLERMAN Chief of Police City Clerk RICHARD T. HARE M F M 0 k A N [) [? M City Treasurer TO: The Planning Commissir , FROM: Patrick J. Richards, 1�rvcto= of Community Development DATE: February 22, 1990 (PC lepL i ng of 3 -5 -90) SUBJECT: REGULATION OF BOUTIQUI AIJO GARAGE SAT,F.S I3ackground At the City Council hearing on Novo he I , 989, they adopted an interim policy to treat all requests for P( i.icnW, raft Sales as Temporary Uses, with the Di rector of Community De,vo q)i Fait given the authority to approve subject to applicable conditions imp( "d in doomed appropriate. On November 11, 1989, the City Council approved chargo f one (t) hour staff time for the processing of an application ° o '„ F inn ro nr Craft Sales. In the past: years, around the holinn "Ac, ,N Christmas and Easter, staff was made aware of a number of locat r 4 wiae-e handmade holiday craft items were being sold in residential lc_ i)i n What brought this matter to staff's attention was the number a, 1 ;in plied on utility poles and in public right- of --way. Inasmuch as tPtii commercial activity is not currently allowed in residential z'I 1w it quo operators were requested to discontinue sales. However, i -"n daring the number of parties involved, general inconvenience I' ;r,ciated with this type of enterprise, the holiday time per 1I Of staff, the City did not pursur, enforcement. At the time this matter was heing A hand crafted or "boutique" sales, matter to the attention of the tit; joint meeting with the Planning ( "Pm issue. At that time staff was d r- O- Oupati -nn Ordinance and return w m -d u th those wishing to hold such f "a al ed an interest to bring the 0 it C On December 19, 1988, at a 4r )mr he Council did consider this t rke modifications to the }come 799 Moorpark Avenue Moorpark, i.alifornia 93021 (805) 5291864 Planning Commission February 22, 1990 Page 2 Discussion / C� Today no provision exists to allow tri l so es on a temporary basis within the residential zones of the City Stiff ; proposing that amendments be made to the City Code to reguI se both boutique and garage sales. Currently, temporary uses are only permitted in C -1, :, -2 and CPD zones. Sections 8123 -045, 8129 -0.75 and 8'' -f ! "t all read as follows: The Planning Director may authc gymnasia and other similar tom enterprise whenever the duratio seven (7) consecutive days with the time of authorization do regarding hours of operati"n treatment to .inhibit dust: emnon izo a tcmpor-ary carnival, fair, rodeo, �orary tocreational and amusement type of the enterprise is for not more than piny s i> ty (60) day period of time. At am ing lirector may impose conditions IQ r) irking, fencing, and surface ;c rn Last year the Council was interes eo in trnerrt i ng the City's current Home Occupation Ordinance (Ordinance No 1) -o r--gulate boutique type temporary sales. A new section would need tc , iddod to the Home Occupation chapter of the Municipal Code to address tnrrvi;ry h;es. Ultimately the City will need to consider a new section witl t,- 9 'Zoning Code dealing with all kinds of temporary uses. Following is a specific discus:;in, — at"! to changes proposed to the Municipal Code to allow regulati_cr c hIut 0n— and garage sales. BOUTIQUE /CRAFT SALES What is being suggested is an amendment Co the City's Municipal Code so to allow temporary retail sales fo, only "hontique ", or craft as type sale items. Such sales are general y :m I ted n duration,and are typically centered around various holiday tim( periods There is no intent to amend the Code so as to allow "any" type ) r-i n 1 ;ales in residential areas. From staff's experience, last year I, d t h , s kinds of craft or boutique sales !e i, purpose of supporting a fund raisit o""o institution, typically a church, s(l o n, is strictly a commercial retail c ter plijo who have banded together so as oft location. Items offered for sa l r, t i throughout the year, year, there appear to be two is a temporary sale for the associated with a non - profit rvice club The second type s,cally made up of individuals lair goods and wares at one 11V hand crafted items made Planning Commission / 5 i February 22, 1990 -------- Page 3 Issues that are related to bout iq ie tart nales are listed below. A discussion of these issues follows I. Number of days such a use r „11 2. The day(s) of the week such n leq ire hold. 3. Hours of operation. 4. Signs on and off site. S1•ec i is +'' IV igns on public right of way and an utility poles. S. Parking. 6. Sales tax. 7. Permit process required. Number of Day(s), Hours of Operation and Day(s) of the Week The number of days and the day(s) c controlled in as much as these uses limit of 2 boutique sales or garag, sale shall be permitted if proof presented. No single sale shall consecutive weeks, or seventy -Kc Boutique sales or garage sales 11 � only. Signs the wook sales are held needs to be tr- temporary. Staff would suggest a S1 04 in any calendar year. A third A chringo in property ownership is conducted for longer than two (2) !'?) goers, whichever is lesser. ` f�ufucted daring daylight hours As noted previously, signs have been l,roblem in the past. The City needs to prevent the use of its right o way and related utility poles from receiving further clutter. Also, th -0 is a liability issue to deal with. Staff would suggest that signs I 1 mit d to 2, displayed on private property and limited in size (such i, c�ci� �y I feet). Parking Parking issues are the hardest to do use depends largely upon existing customers can cause an inconvenience public safety service if carriec' served by appointments only there iq a condition of development the Mv> would cause a revocation of a tempo,. " h tecriuse generally this type of trc'et larking. A large number of cc adij�3cent neighbors and may impact 141 (M -eme. Unless customers were im t,d means to control parking. As rte that justified complaints Planning Commission February 22, 1990 Page 4 Sales Tax /(0 Inasmuch as some of these sales iir unite( commercial enterprises, the City will need to make sure it is „c vin;; its fair share of sales tax revenue. Proof of a resale l iceus(' ­111d ­­1 to be provided before any permit could be issued Permit Process The City needs to create a permit. i suarlcv process that does not become overly burdensome but still gives th, Cil:y the greatest amount of control. Staff would suggest that a simple ':)nirtg (:learance be required for such temporary uses. The Zoning Clearanc. wouldll need to be issued prior to the commencement of any temporary use Srrch a, application could be issued over the counter with limited con di ion.; c)t in extreme cases the Zoning Clearance could be directed to any oii(ernol City department or outside agency for comments and condition; his tvpf of Zoning Clearance would be subject to any additional permit_ < n"pection as required by any applicable law or regulation. 1V ni;Y staff is recommending that a standard Zoning Clearance fee 1- - .hargod, which is currently $28.80. On the Zoning Clearance form, specif on(li ions should be added such as: If the City receives a valid complain ilt" iug clearance may he revoked, the City has the right to bill apps 'ir,t'i f- c, cost of code enforcement if complaints are received, and any ,,. i :,r ol di.�ons as de(�med necessary at the time of the issuan(,(, of the Z(,n r ( ' „t, - >rr o. GARAGE /YARD SALES Currently the City does not allow o r­gulat­ garage /yard sales under its Municipal Code. To date, there ha<. )t he( +n it problem with such activity other than the multiple signs that ap, ;ir i , - ot.ice the sale. Again, these signs are appearing on utility Arlo nrid 1 n public right of way. Since this use had not been a major problc,rr, c h, ity, staff is suggesting that an exception from any permit regnii m(nt 1> provided. However, garage sales should be restricted so that t Ir rI, t occur more frequently than twice in any calendar year, and r iigl� ale should be conducted for longer than two consecutive weeks, ,tti. -two hours whichever is the lesser. If such sales occur more t i � y they should be considered a commercial retail sales business <­lontial zone, which use is prohibited. All signs need to h( nit,,i I rtttmber, size and duration. Garage /yard sale�-; need to be l imi t(l y p"rsonal i t('ms as the intent is not to allow pa(,raged good. d from rer.identially zoned property. Planning Commission February 22, 1990 Page 5 ENVIRONMENTAL CLEARANCE /7 The proposed amendment to the Cit. (adr i ) regulate hontique and garage sales is considered categorically nKompt F'"m the California Environmental Quality Act (CEQA) based on Se,--ti, 1,'W8 of the State CEQA Guidelines. Section 15308 exempts actions t -twon t ,sure the protection of the environment where the regulatory per o", W 1—s procedures for protection of the environment. Staff Recommended Action That the Planning Commission dlrc-( staff i:o prepare a resolution to be considered at the next regular Comm; -s n" mo-t -ing of March 19, 1990, recommending that the City Counci adopt in ordinance amending Chapter 12 to Title ') of the City Co(IF with the attached draft ordinance. Attachment: Draft Ordinance BTQSLM.DOC /8 ORDININC1� Nil. AN ORDINANCE OF THE CITY Ct MOORPARK, CALIFORNIA REVISING CHAPTER 12 TO TITLE 9 OF TIIE MOORPARK MUNICIPAL CODE; PERTAINING TO HOME OCCUPATIONS, TO INCLUDE REGULATION OF HOME OCCUPATIONS, BOUTIQUE SAI, "S AND GARAGE SALES WHEREAS, at a duly noticed IiibIic hearing, the Moorpark Planning Commission considered a proposed amondm,�nt lo the Moorpark Municipal Code and to certain sections of Chapter l > "P'i to 9 of the Moorpark Municipal Code; and WHEREAS, after careful r.onstderati the Planning Commission reached its decision in the matter rnd adopted Resolution No. PC -90- recommending approval of said propos'(t it °iendments; and WHEREAS, public notice havi g -)een given in time, form and manner as required by law, the. C °-y Conn, il of the City of Moorpark has considered said proposed amendee t.s ,nl 17rs reached its decision; NOW, THEREFORE, THE CITY COI'N(I (F T'HE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS Section I. That Chapter 12 to itle 1) ref the Moorpark Municipal Code is hereby amended by revising :he title rrs follows: Home Occupations, Boutique and Garage Sales and l)y v's ng In'i adding various sections to Chapter 12 to read as follows: /9 HOME OCCUPATIONS, BOU rT "7 T,I:S \N1) GARAGE SALES Section 9.12,010 - Definitions (A) Home Occupations- Any ise ustomaiily conducted entirely within a dwelling and carried on by the inhrbitants thereof, which use is clearly incidental and secondary to the use of the trnicture for dwelling purposes and which does not change the ch- �r-acter hereof or does not adversely affect the uses permitted in the zor, cbf whi h it is a part. (B) Boutique Sales- A sale f om i residence or residential property of small handcrafted items produced ontireiv by local persons within their own residence. These items may 111clude, but are not limited to, the following: Items produced by sew:-rig novdlew(�rk, ceramics and woodworking. (C) Garage Sales- A sal" f -r ?m , reps tdence or residential property of personal property which has t-en ownf,d or used previously by an individual or resident residing Jn the premises where the sale is conducted. A yard or patio sale shit "garage I be in"luded within the definition of sale ". The term "garag �,I(, "" shall not i- nclude the mere incidental sale of one. or two (2' it ms` )I prrsonal property when such sale Is not a part of a general sale ( f ,, rnrm )e f items of personal property. (1) General retail sales pro b.tr,d. The conduct of general retail sales or commercial activitie in re!,tdential areas, except as is otherwise expressly authori7.e <' id— + h s ('ode, shall be prohibited. Section 9.12.020 - Criteria for lom( Occupations, Sales and Garage Sales _Boutiqu -- -- (A) Application Processin (1) Home occupations shall 1, permit -i-ed in all residential zones, provided the home occupation is approved by the Director of Community Development as a valid use and nform i ng w i th the fol lowing criteria and conditions as they pertain tc� t, ,wrini (a) The applicant(s) sh l r)rovide a Letter of Intent which explains the proposed home oc upat.iot) and any potential impact on adjacent properties or the n?igl'rt"orl,00rl (b) The Letter of In'_ety shrill tie submitted to the Community Development Department wit'r ire addressed business envelopes and adequate postage which will i)o nailed by the Department of Community Development to the affect «!d rc)pert} owners as defined on the Assessor's Parcel Map(s) by tl•(, "()mrmIT i y Development Director or his designee as the area of conc��rii ao (c) have The property owner .clf lent ; of the Letter of Intent shall ten (10) days in which to submit= a written response to the proposed home occupation. 'M- (,ommurity Development Director shall evaluate determine the written response, an I sh 3.1 1 either issue the permit or heard by that the appl.ical-icn f >p ilomo Occupation Permit shall be the Planning Comm_i.ss i (2) Boutique sales shall r, Permitted in all residential zones, provided the boutique permit:. I approved by the Director of Community Development as valid and conf rmirg w,th the following criteria and conditions as they pertain tc He II(Irm, (a) The applicant(s sf l proti -de a copy of their Seller's Permit issued by the Cali.fori a �tatE, Board of F,qualization, and shall complete an approvecii B rinfsc Registration Permit. After the City has received a copy >i t1lo sellers permit and an approved business registration permit, s standard Zoning Clearance will be issued to the applicant(s).. T1 iip';i(int(s) shall be required to pay the standard fee for the P11 n. s Registration Permit and Zoning Clearance. (3) Garage sales shall h)(` Per­nittc�d in all residential zones, provided the garage sale is ;) it and conforming with the criteria and conditions identified in t !�, chapter. No application processing shall be required. The City r all, however, monitor garage sales to ensure compliance with the to wi,i,�; r t "ria and limitations: (B) Permit Criteria and Lin, .i: c f; i c;u ; (1) Home Occupations (a) The carrying on or i, isin�;s within the home shall be as a secondary use. (b) If the residence is -)t own(, r- occupied, the resident must provide written permission from hd, Pro,l)f'rty owner to conduct a home occupation. (c) No accessory struct!,r ;hail h- rrsed for home occupation purposes. (d) No more than one (1) mn c >�e. other than residents, shall be permitted. (e) The use shall not gee <r:rte pedestrian or vehicular traffic beyond that normal to the zoninf: d sttic! in which it is located. (f) No identifiable cnmfyr:ial vehicle over five- thousand (5,000) pounds gross weight. r cr,nnect on with the home occupation shall be permitted as limiter 1,} lrAfMln, e No. 53. a� (g) No more than one (', idont.ifiable commercial vehicle five - thousand (5,000) pounds g )S` weis.ht or less in connection with the home occupation shall. bc. p( m t r eri (h) The home occupation slid I iot involve the use of signs, merchandise, products or othci naf,r ,r ,r equipment to be displayed for advertising purposes. (i) No outside storage c materiAs shall be permitted, and no storage of equipment shall be m,int.,i1ne,, on the property as it relates to construction or similar cc :c u; it ion (j) No use shall ire ermttte(i which, by reason of color, design, materials, construction liF;htirtg, signs, noise or vibrations, alters the residential ch"u Pct or 'J the premises, or which unreasonably disturbs the , c, rn,1 quiet of the surrounding residents. (k) Not more than one ,1 for home room >>r the dwelling shall be used occupation purpose, .I, maintained in the designated a ;torage of related material must be �•n the use shall be limited to no as ipproved by the Director, and ro -c , I gross floor area of the dwellii rn twenty percent (20 %) of the (1) The Home Occupation E- City Business Registration t'e rmi°:t"! must possess a valid Moorpark �ni renewed annually. which shall be reviewed and (m) Only one (1) homy dwelling unit. 7c­np:111 i,)u may be conducted in the (n) There shall be no r,t combustible rngw, ,)f flammable, toxic, hazardous, materials indoors 0n1door -s, including, but not limited to, gasoline, solvent or gun h,r., in the ie 1-- r purposes other than permitted zoning district. (o) The garage or carport: or business ha?I rini- be used for home occupation purpose. There w supplies in the L he n{ storage of material and /or garage or (.a r} normal household or hobby usr. i, t r(�c..ognized as being part of (P) The use shall not. )o municipal or utility ich as M:> create excessive demand for services actually and customarily provide I community facilities beyond those f,' ­e idential rises. (q) There shall be no mechanical W oil the premises of material or equipment not r-ecc,gt ; or hobby use. c r +. 3s 1 -ing part of normal household (r) Other specific condit the Director of Community Ins that may be deemed necessary by Dev��1=); ior,t ,r Tanning Commission. as (2) Boutique Sales and Garage � le, (a) No more than two (.') i ntiquo. gales or garage sales shall be conducted on the premises irc e:., ,,3lendar year; provided, however, a third sale shall be permitted it satisfactory proof of a bonafide change in ownership of real )r,},erty is first presented to the Director of Community )eV, opment or his duly authorized representative. No single s;il,� h -311 bc, conducted for longer than two (2) consecutive weeks, or =,r, :t,% -two ;72) hours, whichever is the lesser. Boutique sales o, k rak; 1;r31es may be conducted during daylight hours only. (b) Property offered for -[C fat ,i boutique sale or garage sale may be displayed on a driveway it -3 hor +tae, and /or in a rear yard, but only in such areas. No prope -t ,ffere +l for sale at a boutique sale or garage sale may be dispinNp right -of -way. n +in} front yard or in any public (c) Except as providea If boutique c>w, �,igris used in conjunction with a sale or garage sale ;l upon which the 1 - he displayed only on the premises sale is conductF�( Two dprovidedttheapremises a maximum of 2 feet by 3 feet, ,y ':)e permitted provided upon which the boutique sale i �nragE sale is conducted is not on major thoroughfare, and writte obtained a permission to erect such signs is from the property + >waa+ to be s cf the site where such signs are placed. This written I horizat on shall be provided to the City upon request. Signs may ), boutique di�;played only during the hours the sate or the garage sa.( be tls ictivnly being conducted and shall removed at the close of ttt 131c &:tivities, or by the end of daylight, whichever first oc .0 c 3c }, d 3y No signs shall be placed on utility poles or in the prit7 i r s,,;h� _ , F. -way. (d) A nonprofit orgai3i,:- conduct a boutique sale or i+)r )r association of persons may garag, of its members s3 e a• the residence of one or more pursuant to r,l One such sale may be held f ,h,, requirements of this section. per chargeable to the r tiithc!+rt such sale being deemed one premises in ctt two (a) sales t c1 f(­ the purpose of applying the per year limit,t section. til in subsection (.l) of this (e) No boutique sale of include more than one residen + unless first obtaining appro.,. Development or his authorized rel for a boutique sale or garag residence or parcet, the Direct, reasonable conditions consist n rirage :;Ile shalt be held so as to or lair et at the site of the sale from the Director of Community +�ent.itve, In granting an approval 111,,, ,ncompass ing more than one of (;c >mnunity Development may impose policies of this section. Section 9.12.030 - Revocation A Home Occupation, Boutique S,I e Permit granted in accordance with the provisions of this chapter rnii be. terminated if the Director of Community Development makes any of t',o '(M owing findings: (A) A condition of the Home --)(c' ,)a or! >irmit, or Boutique Sale Permit has been violated. (B) The use has become detrimei i_a l tc the public health, welfare and safety,is resulting in a signiFi,: t ':rafIir: impact, or constitutes a nuisance. (C) The Home Occupation term (,r t')e Boutique Sale Permit was obtained by misrepresentation or fra i. (D) The use for which the Home (�( ip'i ion Permit was granted has ceased for six (6) months or more." Section 2. Severability. Ordinance or the application thereof to be unconstitutional or to be oth any court of competent jurisdiction other provisions or clauses Dr implemented without the invalid fro,, this end, the provisions and c l a is,, severable. any provision or clause of this Lo any person or circumstance is held rwise invalid by a final judgment of sn(l) invalidity shall not affect any ip)) 0:.at- ions thereof which can be s:ioir or clause or application, and to Ordinance are declared to be Section 3. This Ordinance slr tako 4fect thirty (30) days after its passage and adoption. Section 4. The City Clerk slu, l 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 the passage and adoption thereof in the records of the proceedings cf ;e ('i.ty Council at which the same is passed and adopted; and shall, w; ' ti[, ,fteon (15) days after the passage and adoption thereof, cause the ar�,� to be published once in a weekly newspaper of general circulation, +s deffned in Section 6008 of the Government Code, for the City of ti()e 3,k wic w'hi.ch has been designated for that purpose. PASSED AND APPROVED THIS -- 'in"' 1990. ATTEST: City Clerk a� Mayes f t b(- (, i ty of Moorpark, California