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Home My WebLink AboutRES PC 2020 648 2020 0225 RESOLUTION NO. PC-2020-648 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO AMEND CHAPTER 17.20 (USES BY ZONE) OF TITLE 17 (ZONING) OF THE MOORPARK MUNICIPAL CODE TO PROHIBIT CULTIVATION OF INDUSTRIAL HEMP WITHIN CITY LIMITS, AND DETERMINING THAT THIS ACTION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, on December 18, 2019, the City Council enacted Interim Urgency Ordinance No. 477 to impose a 45-day moratorium on the cultivation, manufacturing, testing, storing, and certain retail sales of industrial hemp; and WHEREAS, on January 15, 2020, the City Council subsequently adopted Interim Ordinance No. 479 which superseded Interim Urgency Ordinance No. 477 and imposed a 10 month and 15 day moratorium on the cultivation, manufacturing, testing, storing, and certain retail sales of industrial hemp; and WHEREAS, On January 15, 2020, the City Council adopted Resolution No. 2020-3870, directing the Planning Commission to study, hold a public hearing, and provide a recommendation on a Zoning Ordinance Amendment to address the cultivation of industrial hemp; and WHEREAS, at duly noticed public hearing on February 25, 2020, the Planning Commission considered Zoning Ordinance Amendment No. 2020-01, an amendment to Chapter 17.20 (Uses by Zone) of Title 17 (Zoning) of the Moorpark Municipal Code to address the cultivation of industrial; and WHEREAS, at its meeting of February 25, 2020, the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal, closed the public hearing, and discussed and reached a decision on this matter; and WHEREAS, the Community Development Director determined that this project is exempt from environmental review pursuant to Section 15061 of the California Environmental Quality Act Guidelines as there would not be a physical change to any existing land uses a result of this ordinance and this ordinance does not authorize any additional uses of land; and WHEREAS, the local cultivation of industrial hemp in 2019 has presented significant impacts to the City of Moorpark, including strong and pervasive odors that permeate into adjacent neighborhoods and structures; and Resolution No. PC-2020-648 Page 2 WHEREAS, there has been a documented increase in crime associated with the attempted theft of hemp plants and other ancillary crimes; and WHEREAS, the Planning Commission finds that the proposed Zoning Ordinance Amendment is in the public interest and reflects the input from residents, decisionmakers, and other community stakeholders; and WHEREAS, the proposed Zoning Ordinance Amendment will further protect the public health, safety, and general welfare by prohibiting the cultivation of industrial hemp within City limits; and WHEREAS, the adoption of the Zoning Ordinance Amendment would be a reasonable exercise of the City's police powers to ensure the continued health, safety and welfare of the public. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DETERMINATION: The Planning Commission concurs with the determination of the Community Development Director that this project is exempt from environmental review pursuant to Section 15061 of the California Environmental Quality Act Guidelines as there would not be a physical change to any existing land uses a result of this ordinance and this ordinance does not authorize any additional uses of land. SECTION 2. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends to the City Council approval of Zoning Ordinance Amendment No. 2020-01 as shown in Exhibit A, attached hereto. Resolution No. PC-2020-648 Page 3 SECTION 3. Filing of Resolution: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions The action of the foregoing direction was approved by the following vote: AYES: Commissioners Aquino, Hamous, Landis, Vice Chair Di Cecco, and Chair Haverstock NOES: None ABSTAIN: None ABSENT: None PASSED, AND ADOPTED this 25th day of February, 2020. Adam Haverstock Chair jOar afifi--ip ac OF Karen Vaughn, AICP Community Development D =- or Exhibit A— Zoning Ordinance Amendment No. 2020-04 Resolution No. PC-2020-648 Page 4 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. 2020-01 AMENDMENT TO CHAPTER 17.20 (USES BY ZONE), OF TITLE 17 (ZONING) OF THE MOORPARK MUNICIPAL CODE Tables 17.20.050, Section A and 17.20.060, Section F of the Municipal Code shall be amended as shown below wherein underline indicates added text: Table 17.20.050 PERMITTED USES IN OPEN SPACE, AGRICULTURAL, RESIDENTIAL, AND SPECIAL PURPOSE ZONES [Blank] = Not permitted AP = Administrative Permit CUP = Conditional Use Permit NZC = No Zoning Clearance required TUP = Temporary Use Permit ZC = Permitted by Zoning Clearance RPD 20U- Zones O-S A-E R-A R-E R-0 R-1 R-2 RPD N-D TPD A.Agricultural Uses (minimum lot size of 5 acres required) 1.Animal Husbandry as a primary use in accordance with Chapter 17.28 a. Without Structures ZC ZC ZC ZC b. With structures of total gross floor areas per lot: - Less than 1,000 sq. ZC ZC ZC ZC ft. - 1,001-20,000 sq. AP ZC AP ft. -20,001-100,000 CUP AP sq. ft. ->100,000 sq. ft. CUP 2. Animal hospitals, CUP CUP CUP for large animals Resolution No. PC-2020-648 Page 5 RPD 20U- Zones O-S A-E R-A R-E R-O R-1 R-2 RPD N-D TPD 3.Apiculture in ZC ZC AP accordance with Chapter 17.28 4.Crop production ZC ZC ZC ZC where no structures are involved 5. Greenhouses, hothouses and the like.Minimum property line setbacks shall be 20 feet. With a total gross floor area per lot: -Less than 1,000 sq. ZC ZC ZC ZC ft. - 1,001-20,000 sq. AP AP AP AP ft. ->20,000 sq. ft. CUP CUP 6. Kennels and CUP CUP CUP CUP catteries(domestic) see Chapter 17.28 7. Wholesale AP AP AP AP AP* nurseries,tree farms and ornamental plant farms including container plants. Retail sales shall be limited to the requirements of Chapter 17.28. *Only allowed in these zones when within overhead electrical utility corridors. 8. Wildlife CUP CUP sanctuaries 9. Commercial cannabis activity except as provided in Table 17.20.050(D)(16) and(17) 10. Cultivation of industrial hemp Resolution No. PC-2020-648 Page 6 Table 17.20.060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES [Blank] = Not permitted AP =Administrative Permit CUP = Conditional Use Permit NZC = No Zoning Clearance required TUP = Temporary Use Permit ZC = Permitted by Zoning Clearance Zones C-O C-1 CPD C- M-1 M-2 I C-2 OT F.Accessory and Miscellaneous Uses 1. Outdoor sales CUP CUP CUP CUP CUP CUP 2. Retail shops and services as listed in Table AP 17.20.060(A)(21)when the uses are determined by the community development director to be ancillary to office use of the property 3. Temporary motion picture,television, or still TUP TUP TUP TUP TUP TUP TUP photography production(and related activities and structures)in accordance with Section 17.28.120 4. Temporary uses including,but not limited to, TUP TUP TUP TUP TUP TUP TUP carnivals,Christmas tree sales, circuses, festivals, sidewalk sales, special events,outdoor sales,when in compliance with Chapter 17.44. Issuance of a temporary use permit shall take the place of a zoning clearance. Temporary uses lasting more than 180 days require an AP 5. Drive-through facilities associated with permitted CUP CUP uses in the zone other than eating and drinking places (Not allowed in C-2 Zone) 6. Cultivation of industrial hemp