HomeMy WebLinkAboutAGENDA REPORT 1990 0516 CC REG ITEM 12Ar
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ORDINANCE NO IQ� 7
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA REVISING
CHAPTER 12 TO TITLE 9 OF THE MOORPARK MUNICIPAL CODE;
PERTAINING TO HOME OCCUPATIONS, TO INCLUDE REGULATION OF
HOME OCCUPATIONS, BOUTIQUE SALES AND GARAGE SALES.
WHEREAS, at a duly noticed public hearing held March 5, 1990,
the Moorpark Planning Commission considered a proposed amendment
to the Moorpark Municipal Code and to certain sections of Chapter
12, to Title 9 of the Moorpark Municipal Code; and
WHEREAS, after careful consideration, the Planning Commission
reached its decision in the matter and adopted Resolution No. PC-
90 -208 recommending approval of said proposed amendments; and
WHEREAS, public notice having been given in time, form and
manner as required by law, the City Council of the City of Moorpark
has considered said proposed amendments at a public hearing on
April 18, 1990, and has reached its decision;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. That Chapter 12 to Title 9 of the Moorpark
Municipal Code is hereby amended by revising the title as follows:
Home Occupations, Boutique and Garage Sales, and by revising
and adding various sections to Chapter 1.2 to read as follows:
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"CHAPTER 12
HOME OCCUPATIONS, B01.11'IQ1JE SALES, AND GARAGE SALES
Section 9.12.10 - Definitions
(A) Home Occupations - Any use customarily conducted entirely
within a dwelling and carried on by the inhabitants thereof, which
use is clearly incidental and secondary to the use of the structure
for dwelling purposes and which does not change the character
thereof or does not adversely affect the uses permitted in the zone
of which it is a part.
(B) Boutique Sales- A sale from a residence or residential
property of small handcrafted items. These items may include, but
are not limited to, the following: It..ems produced by sewing,
needlework, ceramics and woodworl;i.ng.
(C) Garage Sales- A sal
property of personal property
previously by an individual or
where the sale is conducted.
included within the definition c
sale' shall not include the mere
items of personal property whE
general sale of a number of itel
e from a residence
which has been
resident residing
A yard or patio
f 'garage sale'. '.I
acident.al sale of
r: such sale is nc
or residential
owned or used
)n the premises
sale shall be
he term 'garage
one or two (2)
t a part of a
i:: of personal property.
(1) General Retail Sales prohibited
The conduct of general ret:a sales or commercial activities
in residential areas, exctYpt as is otherwise expressly
authorized under this Code, -,hall he prohibited.
Section 9.12.020 - Criteria and I_,imitations for Home Occupations,
Boutique Sales and Garage Sales
(A) Application Processinq
(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 propert.i( -);7 the neighborhood.
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(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 desi.�;nee as the area of concern.
(c) The property owner recipients of the Letter of
Intent shall have ten (10) days in which to submit a written
response to the proposed home occupation. The Community
Development Director shall evaluate the written responses and
shall either issue the permit or determine that the
application for a Home Occupation Permit shall be heard by the
Planning Commission.
(2) 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 ttie 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 Busi.ne� -,s 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 requi_j:ed. The City
shall, however,
monitor garage sales to enskire
compliance with
the criteria
and limitations identified
i subsection (B)
of
this Section.
(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 permission from the property owner to
conduct a home occupation
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(c) No accessory str
occupation purposes.
(d) No more than one ?
shall be permuted.
(e) The use shall not
traffic beyond that normal
is located.
rcture shall be used for home
employee, other than residents,
generate pedestrian or vehicular
7 t1e. zoning district in which it
(f) No identifiable commercial vehicle over five -
thousand (5,000) pounds gr(,ss weight in connection with the
home occupation shall be permitted as limited by Ordinance No.
53.
(g) No more than one ( ) identifiable commercial vehicle
five - thousand (5,000) pounds gross weight or less* in
connection with the home occupation shall be permitted.
(h) The home occupati, -)n shall not involve the use of
signs, merchandise, products or other material or equipment
to be displayed for adver..ti��inc 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 dist.rbs the peace and quiet of the
surrounding residents.
(k) The home occupation use shall be limited to no more
than twenty percent (20 %) :)f the gross floor area of the
dwelling. The storage of related material must be maintained
in the designated area s approved by the Director of
Community Development.
(1) The Home Occupation permittee must possess a valid
Moorpark City Business Reg.E.strati+,_In Permit, which shall be
reviewed and renewed annual 'y,
(m) Only one ( 1) home :cupat i on may be conducted in the
dwelling unit.
(n) There shall be rco storage of flammable, toxic,
hazardous, combustible materials indoors or outdoors,
including, but not limited t:., gasoline, solvent or gun powder
for purposes other than penr,_i.tted in the zoning district.
(o ) The garage or carport shall not be used for home
occupation or business pu:rj)( use. There will be no storage of
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material and /or supplies i_n 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 nc use on the premises of material
or mechanical equipment not y ecognized as being part of � ormal
household or hobby use.
(r) Other specific conditions that may be deemed
necessary by the Director of Community Development or Planning
Commission.
(2) Boutique Sales
(a) No more than three (3) boutique sales shall be
conducted on the premises in any calendar year; provided,
however, a fourth sale shall be permitted if satisfactory
proof of a bonafide change in ownership of real property is
first presented to the Director of Community Development or
his duly authorized representative. No single sale event
shall be conducted for longer than three ( 3 ) consecutive days.
Boutique sales shall not be held for more than two (2)
consecutive weekends. Each weekend that sales are conducted
shall constitute a single sale event. Boutique sales shall
be conducted between the hours of 9:00 a.m. and 6:00 p.m.,
with the exception that onf' (1) evening during the week a
boutique sale may be conduc':ced until 9:00 p.m.
(b) Property off erect fi::;r 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 r'_ght -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 outique sale is actively being
conducted and shall be rem +:�ved at... the close of the sale
activities each day. No s..gns shall, be placed on utility
poles or in the public right . of.. -way.
(d) A nonprofit organaz,ation or association of persons
may conduct a boutique sale at:: the residence of one or more
of its members pursuant tc X11 of the requirements of this
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section. One such sale may be held per year without such sale
being deemed one chargeablEx 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 "rora 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 condition, 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 A 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 i.n ownership of real property is
first presented to the Director of Community Development
or his duly authorizes 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. Nc: property offered for sale at a
garage sale may be displayed i.n any front yard or in any
public right -of -way.
(c) A maximum of eight. (8) off -site directional signs,
not to exceed 18 inches by 24 inches, shall be permitted.
Written permission to erect signs on private property must be
obtained from the property owners of the site where such signs
are to be placed. This written authorization shall be
provided to the City upon request. Signs may be displayed
only during the hours the garage sale is actively being
conducted and shall be rem()ved at the close of the sale
activities each day. No signs shall. be placed on utility
poles or in the public ri clh -o f -wa -° .
(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 ail of the requirements of this
section. One such sale may be held per year without such sale
being deemed one chargeable to the premises in question for
the purpose of applying the three (3) sales per year
limitation set forth in subsection (1) of this section.
(e) No garage sale shall be held so as to include more
than one residence or parcel. at the site of the sale unless
first obtaining approval from the Director of Community
Development or his authorized representative. In granting an
approval for a garage sale encompassing more than one
residence or parcel, the Director of Community Development may
impose reasonable conditions consistent with the policies of
this section.
Section 9.12.030 - Revocation.
A Home Occupation or Boutique Sale Permit granted in
accordance with the provisions of this chapter may be terminated
if the Director of Community Development makes any of the following
findings:
(A) A condition of the Homc:. Occupation Permit, or Boutique
Sale Permit has been violated.
(B) The use has become detrimental to the public health,
welfare and safety; is resulting i.n a significant traffic impact;
or constitutes a nuisance.
(C) The Home Occupation Perm_i t or the Boutique Sale Permit was
obtained by misrepresentation or fraud.
(D) The use for which the Horrre Occupation Permit was granted
has ceased for six (6) months or - nore.^
SECTION 2. Severability. I1 any provision or clause of this
Ordinance or the application thereof to any person or circumstance
is held to be unconstitutional it to be otherwise invalid by a
final judgment of any court or 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 -irE dec:.lar..ed to be severable.
SECTION 3. This Ordinance s•,ill 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; steal
enter the same
in the book
of
original
ordinances of said Cit.,;
shall make a
minute of
the
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passage and adoption thereof in the records of the proceedings of
the City Council at which the Name 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 def_inkd in Section 6008 of the
government Code, for the City )f Moorpark and which has been
designated for that ;:)urpose.
PASSED AND APPROVED THIS clay of , 1990.
ATTEST:
City Clerk
Mayor of the City of Moorpark,
Ca ifor.nia