HomeMy WebLinkAboutAGENDA REPORT 2020 1202 CCSA REG ITEM 08ACITY OF MOORPARK, CALIFORNIA
City Council Meeting
of December 2, 2020
ACTION Adopted Interim Urgency
Ordinance No. 486. (Roll Call Vote:
Unanimous) BY B.Garza.
A. Consider Interim Urgency Ordinance to Extend the Existing Moratorium for One
Year on the Cultivation, Manufacturing, Testing, Storing, and Certain Retail Sales
of Industrial Hemp in the City of Moorpark, Declaring the Urgency Thereof and
the Immediate Effectiveness of the Ordinance Pursuant to Government Code
Section 65858, 36934 and 36937, and Making a Determination of Exemption
under the California Environmental Quality Act. Staff Recommendation:
1) Conduct the public hearing on the proposed one-year extension of the
moratorium on industrial hemp uses; and 2) Waive full reading and adopt
Urgency Ordinance No. 486 as read by title only. (REQUIRES A ROLL CALL
VOTE AND A 4/5THS VOTE OF THE CITY COUNCIL TO ADOPT) (Staff: Kevin
Ennis)
Item: 8.A.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Kevin G. Ennis, City Attorney
DATE: 12/02/2020 Regular Meeting
SUBJECT: Consider Interim Urgency Ordinance to Extend the Existing Moratorium
for One Year on the Cultivation, Manufacturing, Testing, Storing, and
Certain Retail Sales of Industrial Hemp in the City of Moorpark,
Declaring the Urgency Thereof and the Immediate Effectiveness of the
Ordinance Pursuant to Government Code Section 65858, 36934 and
36937, and Making a Determination of Exemption under the California
Environmental Quality Act
On December 18, 2019, the City Council adopted Interim Urgency Ordinance No. 477 to
impose a temporary, 45-day moratorium on the on the cultivation, manufacturing, testing,
and storing of industrial hemp, among other related activities such as drying and
processing industrial hemp, in all zoning districts of the City. The interim ordinance also
prohibited the sale of products that contain cannabidiols (“CBD”), if the sale of those
products requires United States Food and Drug Administration (FDA) approval and the
products do not have such approval. Finally, the interim ordinance prohibited the sale of all
industrial hemp products, if the sale comprises five percent or more of a business’s floor
area or gross sales in any month. Either prior to that date or afterwards, the City has not
issued zoning permits, building permits, land use entitlements and business registration
permits for any of those activities within the City of Moorpark.
The initial 45-day term of Interim Urgency Ordinance No. 477 was originally scheduled to
expire on February 1, 2020. On January 15, 2020, the City Council adopted Interim
Urgency Ordinance No. 479, extending the moratorium on industrial hemp uses for 10
months and 15 days. Accordingly, the Interim Urgency Ordinance will now expire on
December 16, 2020. In order to extend the moratorium on industrial hemp uses, the City
Council must hold a public hearing and adopt a new interim urgency ordinance to extend
the moratorium for an additional 12 months, through and including December 16, 2021.
Item: 8.A.
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BACKGROUND
In 2019, large numbers of residents in the Peach Hill, Mountain Meadows, Serenata and
other areas and neighborhoods in the southern portion of the City have experienced
offensive odors from relatively new and large-scale outdoor industrial hemp farms located
in the Tierra Rejada Valley located immediately south of the City in the unincorporated area
of the County of Ventura. Dozens of residents called City and County officials complaining
of the continual skunk-like odor in their neighborhoods as terpenes from a large farm of
industrial hemp grown to produce CBD oil wafts into residential neighborhoods adjacent to
this hemp farm. Aside from having to experience offensive odors, many of these residents
also complained of headaches, nausea, sore throats and other physical side effects from
breathing and smelling the distinctive odor generated by industrial hemp grown to produce
CBD oil.
In an effort to prevent industrial hemp uses from intruding into the City, on December 18,
2019, the City Council adopted Interim Urgency Ordinance No. 477 to temporarily prohibit
the cultivation, testing, storing, and certain retail uses of industrial hemp in the City.
Pursuant to Government Code Section 65858, the initial moratorium established by Interim
Urgency Ordinance No. 477 was originally scheduled to expire 45 days after its adoption,
on February 1, 2020. The Council directed staff to schedule a public hearing and prepare
an ordinance to extend the moratorium on industrial hemp uses for an additional
10 months, 15 days, through and including December 16, 2020, as permitted by Section
65858.
Consistent with staff recommendations, the City Council found that additional time was
needed to continue studying appropriate land use regulations for industrial hemp and CBD
uses and to prepare a permanent ordinance to codify those regulations. Accordingly, on
January 15, 2020, the City Council extended the Interim Urgency Ordinance from February
1, 2020 for an additional 10 months and 15 days, through and including December 16,
2020 to provide additional time for the City to study appropriate regulations and restrictions
on the above-referenced cultivation and uses of industrial hemp. The City Council is now
considering a final extension of the Interim Urgency Ordinance for an additional year to
December 16, 2021.
On June 15, 2020, staff presented an Industrial Hemp Study Session agenda item to the
City Council. Staff shared initial research that had been conducted on the types of uses
that might be expected and associated with industrial hemp, which included warehousing,
manufacturing, testing, and retail hemp uses. Staff outlined their initial analysis and
potential regulatory options to the City Council, considering both positive and negative
impacts that may be generated by such uses. The City Council discussed and commented
on particular uses and requested additional analysis be conducted to address their
comments and concerns. Although the City Council provided general comments and
guidance, further background research is necessary to substantiate specific regulations.
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At the Regular City Council meeting on Wednesday, November 18, 2020, the City Council
approved the issuance of a report that briefly explains the reasons why the moratorium on
industrial hemp uses was adopted and the measures taken to alleviate the problems
caused by industrial hemp. Pursuant to Government Code Section 65858(d), this report
must be adopted 10 days prior to any extension of an existing land use moratorium. A
copy of the 10-day report adopted by the City Council is also attached to the staff report.
DISCUSSION
A. Background
“Industrial hemp” is defined as “a fiber or oilseed crop, or both, that is limited to types of the
plant Cannabis sativa L. having no more than three-tenths of one percent (0.3%)
tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not;
the seeds of the plant; the resin extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin
produced therefrom.” In contrast, traditional cannabis, also known generally as marijuana,
has a THC content that exceeds 3/10th of one percent in its flowering tops, seeds or resin.
Industrial hemp is grown to produce a variety of products, including fiber for clothing,
textiles, paper, building materials and for CBD oil for human use and consumption.
Cannabis is principally grown for the psychoactive properties of THC when ingested.
Industrial hemp and cannabis are regulated differently under federal and state law.
On December 20, 2018, the Agricultural Improvement Act of 2018 (also known as the 2018
Farm Bill) was signed into law by the President of the United States. Effective January 1,
2018, that law removed industrial hemp from Schedule I of the federal Controlled
Substances Act and directed the U.S. Department of Agriculture to develop a federal
regulatory oversight program for the cultivation, production and marketing of industrial
hemp.
Similarly, the California state government enacted a regulatory program to allow for the
cultivation of industrial hemp in California. Under that program, growers of industrial hemp
for commercial purposes must register with the county agricultural commissions and obtain
an annual permit. (See, generally, California Food and Agricultural Code Section 81000 et
seq. and Title 3 of the California Code of Regulations, Section 4900 et seq.)
In recent months, the County of Ventura has taken two significant actions regarding
regulation of industrial hemp. First, the County has proposed an interim ordinance to
create a one-half mile buffer between sensitive receptors and industrial hemp cultivation
activities carried out in unincorporated County land. In response to concerns from the City
(among others) about the community impacts of industrial hemp production, the County
produced a revised interim ordinance, which was presented to the County’s Planning
Commission on November 5, 2020.
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Second, on November 3, 2020, voters in Ventura County approved County Ballot Measure
O, a measure which allows commercial cultivation, processing, distribution and sale of
cannabis in certain areas of the County. Although the subject of this moratorium is related
the production and distribution of industrial hemp rather than cannabis, Measure O may
have impacts on industrial hemp regulations that should be considered in the development
of City regulations.
Both of these County measures are discussed in greater detail in the 10-day report
adopted by the City Council on November 18, 2020, which is attached to this staff report.
B. Impacts on City
In the last year, Ventura County has become an increasingly popular area for the growing
of industrial hemp because of the County’s unique climate that allows for the year-round
and staggered growing of industrial hemp crops. The specific cultivar of industrial hemp
that is grown to produce CBD oil is a cultivar that produces a large amount of flowering
resin. This flowering resin produces a smell or terpene that is often described as having
the strong odor of marijuana or, to some, the smell of a skunk.
In the last year, a large farm area in the Tierra Rejada Valley just south of the City was
planted to grow industrial hemp. The specific type of cultivar planted to produce CBD oil
combined with the large acreage of hemp plants planted for staggered harvesting over
many months of the year has caused significant and pervasive foul orders to infiltrate the
southern portion of the City of Moorpark.
Dozens of residents in the affected area have described the impacts as being a nuisance.
Impacts include constant exposure to offensive odors, inside and outside their homes.
Many residents indicated that they were inhibited from enjoying the outdoor areas around
their homes and from using passive and active recreation areas in their neighborhoods.
Many residents have reported headaches, nausea, and sore throats. Given the strong and
pervasive odor in the neighborhood in 2019, residents are concerned about the potential
diminution in the value of their homes and whether prospective purchasers of homes in the
area would be driven away by the pervasive and strong odor.
Additional concerns were raised about the volatile organic compounds (VOC) generated by
industrial hemp plants and whether large-scale production of industrial hemp could lead to
the increased generation of smog-producing ozone in Ventura County.
Public safety concerns were also raised. Ventura County Sheriff’s Captain Victor Fazio,
reported on the increased number of crimes committed by persons seeking to steal
industrial hemp plants from open and unsecured fields, the collateral crimes committed in
the course of those thefts, and the criminal element that is being attracted into Ventura
County to take advantage of these opportunities for theft.
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Based on this information and all the evidence presented at its meeting on December 18,
2019, the City Council found that the cultivation, manufacturing, testing, sale, and storing of
industrial hemp posed a current and immediate threat to the public health, safety and
welfare of the community. Allowing for cultivation of industrial hemp in the City could
create similar and additional impacts from those noted in this report. The moratorium on
industrial hemp is, and continues to be, necessary to prohibit the cultivation,
manufacturing, testing, sale, and storing of industrial hemp in the City because any those
activities may be in conflict with zoning and municipal code regulations that the City may
want to adopt over the next several months. Moreover, given the reported incidents of theft
of industrial hemp, the City Council found that nearly all industrial hemp activities should be
prohibited.
The extension of the Interim Urgency Ordinance is needed to provide city staff with
additional time to study appropriate regulatory tools to address these impacts, including a
permanent prohibition on industrial hemp activities within the City, during the moratorium
period. In particular, additional time is required to assess the impacts that the County’s
proposed interim urgency ordinance on industrial hemp cultivation, as well as the county-
wide cannabis regulations adopted by Measure O, may have on the City’s regulations of
industrial hemp production, manufacture, distribution, and sale. Additionally, City staff will
continue to research specific impacts associated with odor related to manufacturing and
industrial uses, and intends to make site visits to hemp processing facilities in surrounding
communities in order to better understand the potential impacts of such uses.
C. CBD Products
The existing industrial hemp moratorium also prohibits the sale of industrial hemp-derived
CBD oil and CBD products that are not approved for human or animal consumption by the
FDA. At this time, the FDA has approved only one CBD product, Epidiolex, a prescription
drug product to treat two rare, severe forms of epilepsy. The moratorium will not ban the
sale of Epidiolex. The health and safety concerns giving rise to the City Council’s decision
to include the sale of unapproved CBD products in the moratorium is fully explained and
analyzed in the November 18, 2020, staff report, a copy of which is attached hereto.
As part of staff’s comprehensive investigation of industrial hemp regulations, the City
continues to study the effects that a potential exemption allowing certain types of hemp
products to be sold within the City would have on public health, safety, and welfare.
INTERIM ORDINANCE PROCEDURES
California law authorizes municipalities to adopt “interim” ordinances that place an
immediate moratorium on the establishment of specified new activities and uses in the
City. California Government Code Section 65858 provides for the procedures and
requirements for the adoption of an “interim” ordinance.
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Section 65858 provides that, without following normal zoning code ordinance adoption
procedures, a city council may, in order to protect the public health, safety, and welfare of
the community, adopt as an urgency measure an “interim ordinance” prohibiting any uses
that may be in conflict with a contemplated general plan, specific plan, or zoning proposal
that the City Council, Planning Commission or Planning Department is considering or
studying for adoption within a reasonable time.
Section 65858 provides that a city council cannot adopt an interim ordinance unless the
ordinance contains legislative findings that there is a current and immediate threat to the
public health, safety, or welfare, and that the approval of additional entitlements for a
specific use or uses would result in a threat to the public health, safety, or welfare.
Interim Urgency Ordinance No. 477 was originally scheduled to expire after an initial
45-day period (until February 1, 2020.) On January 15, 2020, the City Council adopted
Interim Urgency Ordinance No. 479, which extended the interim urgency ordinance by an
additional 10 months and 15 days.
The City Council may authorize a final one-year extension by the adoption of an additional
interim urgency ordinance, for a total cumulative duration of two years. The City Council
must conduct a noticed public hearing prior to extending the interim urgency ordinance.
The proposed extension also requires a four-fifths vote for adoption.
On November 18, 2020, in accordance with Government Code Section 65858(d), the City
Council approved the issuance of a written report which describes the measure taken by
the City to alleviate the condition that led to the adoption of the ordinance. This written
report was required to be issued by the City Council at least 10 days prior to extension of
the interim ordinance.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
This extension of the interim ordinance is exempt from review under the California
Environmental Quality Act (CEQA) on several grounds.
This interim ordinance is categorically exempt from CEQA, under Section 15308 of the
State CEQA Guidelines, because this ordinance is a regulatory action taken by the City in
accordance with California Government Code Section 65858 to assure maintenance and
protection of the environment pending further review of the potential impacts of industrial
hemp uses in the City and completion of contemplated Zoning Ordinance revisions.
In addition, this interim ordinance is not a “project” within the meaning of Section 15378 of
the State CEQA Guidelines, because it has no potential to result in a direct physical
change in the environment, and it has no potential to result in any reasonably foreseeable
indirect physical change in the environment. Therefore, the interim ordinance is exempt
from CEQA review pursuant to Section 15060(c)(3), which exempts activities not defined
as projects noted in Section 15378. The interim ordinance will impose greater limitations
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on development in the City than under the current Zoning Code because the moratorium
will temporarily halt the cultivation, manufacturing, testing, and storing of industrial hemp,
the sale of products contains CBD if the sale of those products requires FDA approval and
have not obtained that approval, and the sale of industrial hemp products if such products
comprise five percent or more of a business’s floor space or gross sales in any one month.
The interim ordinance will thereby serve to reduce potentially significant adverse
environmental impacts caused by those activities in the City.
Finally, this interim ordinance is exempt from CEQA review pursuant to Section
15061(b)(3) of the State CEQA Guidelines. This interim ordinance is covered by the
general rule that CEQA applies only to projects that have the potential to cause a
significant effect on the environment. Because the interim ordinance will impose a
moratorium on cultivation, manufacturing, testing, and storing of industrial hemp, as well as
the sale of products containing CBD, if the sale of those products requires FDA approval
and have not obtained that approval, and the sale of industrial hemp products if such
products comprise five percent or more of a business’s floor space or gross sales in any
one month, it can be seen with certainty that there is no possibility that this ordinance will
have a significant effect on the environment, and therefore, this interim ordinance is not
subject to CEQA.
FISCAL IMPACT
The preparation and adoption of Interim Urgency Ordinance No. 477 and this extension
has required the time of the City Manager, the Community Development Department, and
the City Attorney’s Office. Additional time from those persons and departments will be
required for preparation and processing of permanent regulations on industrial hemp.
CITY COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION
1) Conduct the public hearing on the proposed one-year extension of the moratorium
on industrial hemp uses; and
2) Waive full reading and adopt Urgency Ordinance No. 486 as read by title only.
(REQUIRES A ROLL CALL VOTE AND A 4/5THS VOTE OF THE CITY COUNCIL
TO ADOPT)
Attachment 1: November 18, 2020, Staff Report on Moratorium (Including 10-Day Report)
Attachment 2: Draft Urgency Ordinance to Extend Moratorium
15
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Karen Vaughn, Interim Deputy City Manager
BY: Shanna Farley-Judkins, Principal Planner
DATE: 11/18/2020 Regular Meeting
SUBJECT: Consider 10-Day Report on the Measures Taken to Alleviate the
Conditions which Led to the City Council’s Adoption of Interim
Urgency Ordinance No. 477 that Established the Current Moratorium
On Certain Industrial Hemp Uses and its Subsequent Extension for
an Additional 10 Months and 15 Days, In Conjunction with a
Proposed Extension of the Moratorium Through and Including
December 16, 2021
BACKGROUND/DISCUSSION
On December 18, 2019, pursuant to Government Code Section 65858 (“Section
65858”), the Moorpark City Council enacted a 45-day Interim Urgency Ordinance to
impose a moratorium on the cultivation, manufacturing, testing, storing, and certain
retail sales of industrial hemp. The Interim Urgency Ordinance was initially scheduled
to expire on February 1, 2020. The City Council then held a noticed public hearing on
January 15, 2020, to extend the Interim Urgency Ordinance for an additional 10 months
and 15 days through December 16, 2020, when it is currently scheduled to expire.
Under Section 65858, the City Council may extend the moratorium one final time for up
to one year. Staff anticipates additional time will be necessary to thoroughly research
and evaluate a permanent, non-urgency ordinance establishing zoning regulations and
other restrictions on the cultivation, manufacturing, testing, sale, and storing of industrial
hemp. City staff also anticipates that additional time will be necessary to study the sale
of cannabidiol (CBD) products and the operation of stores that specialize in the sale of
hemp products. Therefore, staff is proposing to extend the moratorium for one year to
December 16, 2021.
Item: 9.A.
ATTACHMENT 1
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11/18/2020 Regular Meeting
Page 2
Section 65858(d) states: “Ten days prior to the expiration of that interim ordinance or
any extension, the legislative body shall issue a written report describing the measures
taken to alleviate the condition which led to the adoption of the ordinance.” Staff
anticipates scheduling a public hearing for December 2, 2020, where the City Council
will consider the moratorium’s final extension. Therefore, this “10-day” report is
proposed to be issued at the City Council’s Regular Meeting on November 18, 2020, or
14 days before the proposed extension.
The attached draft 10-Day Report describes the measures taken to alleviate the
conditions which led to the adoption of the Interim Urgency Ordinance on industrial
hemp uses and what steps staff continues taking to develop new permanent regulations
of industrial hemp.
FISCAL IMPACT
None.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION
Approve the issuance of the 10-Day Report regarding Interim Urgency Ordinance No.
477 that imposed a moratorium on the cultivation, manufacturing, testing, storing, and
certain retail sales of industrial hemp.
Attachment: 10-Day Report Regarding Moratorium on Industrial Hemp Uses
17
ATTACHMENT
REPORT ON THE MEASURES TAKEN TO ALLEVIATE
THE CONDITIONS WHICH LED THE CITY OF MOORPARK
TO ENACT INTERIM URGENCY ORDINANCE NO. 477 ON
DECEMBER 18, 2019, WHICH WAS SUBSEQUENTLY
EXTENDED TO DECEMBER 16, 2020, TO IMPOSE A
MORATORIUM ON THE CULTIVATION, MANUFACTURING,
TESTING, STORING, AND CERTAIN RETAIL SALES OF
INDUSTRIAL HEMP
ISSUED BY THE CITY COUNCIL OF THE CITY OF MOORPARK
ON NOVEMBER 18, 2020 PURSUANT TO GOVERNMENT CODE
SECTION 65858(d)
Background:
On December 18, 2019, pursuant to Government Code Section 65858, the Moorpark
City Council enacted an Interim Urgency Ordinance to impose a moratorium on the
cultivation, manufacturing, testing, storing, and certain retail sales of industrial hemp.
The Interim Urgency Ordinance was originally scheduled to expire after 45 days
(February 1, 2020). However, additional time was necessary to thoroughly research
and evaluate a permanent, non-urgency ordinance establishing zoning regulations and
other restrictions on the cultivation, manufacturing, testing, sale, and storing of industrial
hemp. Therefore, on January 15, 2020, the City Council extended the Interim Urgency
Ordinance from February 1, 2020 for an additional 10 months and 15 days, through and
including December 16, 2020.
City staff anticipates that additional time will be needed to complete its work on a
permanent, non-urgency ordinance to establish appropriate regulations and other
restrictions relating to industrial hemp. A public hearing will be scheduled for December
2, 2020, to consider a further extension of the Interim Urgency Ordinance from
December 16, 2020, for an additional year to December 16, 2021.
Reasons for the Interim Ordinance and Its Extensions:
The Interim Ordinance was adopted for the following reasons:
A.Cultivation, Manufacturing, Testing and Storing of Industrial Hemp.
In 2019, large numbers of residents in the Peach Hill, Mountain Meadows, Serenata
and other areas and neighborhoods in the southern portion of the City experienced
offensive odors from relatively new and large-scale outdoor industrial hemp farms
located in the Tierra Rejada Valley located immediately south of the City in the
unincorporated area of the County of Ventura. Dozens of residents called City and
County officials complaining of the continual skunk-like odor in their neighborhoods as
terpenes from a large farm of industrial hemp grown to produce CBD oil wafted into
residential neighborhoods adjacent to this hemp farm. Aside from having to experience
offensive odors, many of these residents also complained of headaches, nausea, sore
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Ten-Day Report - Ordinance No. 477
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throats and other physical side effects from breathing and smelling the distinctive odor
generated by industrial hemp grown to produce CBD oil.
Additional concerns were raised about the volatile organic compounds (VOC) generated
by industrial hemp plants and whether large-scale production of industrial hemp could
lead to the increased generation of smog-producing ozone in Ventura County.
Public safety concerns were also raised. Ventura County Sheriff’s Captain Victor Fazio,
reported on the increased number of crimes committed by persons seeking to steal
industrial hemp plants from open and unsecured fields, the collateral crimes committed
in the course of those thefts, and the criminal element that is being attracted into
Ventura County to take advantage of these opportunities for theft.
B. CBD Products.
After the 2018 Farm Bill was signed into law, the Food and Drug Administration (“FDA”)
released a statement stating that it is unlawful under the Food, Drug, and Cosmetics Act
(“FD&C”) to introduce food containing added CBD into interstate commerce, or to
market CBD products as, or in, dietary supplements, regardless of whether the CBD
was derived from industrial hemp or from cannabis. Similarly, the California Department
of Public Health released a statement explaining that the use of industrial hemp as the
source of CBD to be added to food products is prohibited. The California Department of
Public Health explained that until the FDA rules that industrial hemp-derived CBD oil
and CBD products can be used as a food or California makes a determination that they
are safe to use for human and animal consumption, CBD products are not an approved
food, food ingredient, food additive, or dietary supplement. The FDA has approved only
one CBD product, Epidiolex, a prescription drug product to treat two rare, severe forms
of epilepsy. The moratorium will not ban the sale of Epidiolex.
Under the FD&C, any product intended to have a therapeutic or medical use, and any
product (other than a food) that is intended to affect the structure or function of the body
of humans or animals, is a drug. Drugs must generally either receive premarket
approval by the FDA through the New Drug Application process or conform to a
"monograph" for a particular drug category, as established by FDA's Over-the-Counter
(“OTC”) Drug Review. CBD is not an ingredient considered under the OTC drug review.
An unapproved new drug cannot be distributed or sold in interstate commerce. There
are no FDA approved products that contain CBD other than Epidiolex. Therefore, the
sale of CBD products that are intended to have a therapeutic or medical use is a
violation of federal law, and as discussed below, can pose a significant risk to the
public. In addition, the FDA has concluded that CBD cannot be sold as a dietary
supplement.
The FDA has also concluded that it is a prohibited act to introduce or deliver for
introduction into interstate commerce any food (including any animal food or feed) to
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which CBD has been added.1 Unlike the FDA-approved CBD drug product, unapproved
CBD products, which could include unapproved drugs, cosmetics, foods, and products
marketed as dietary supplements, have not been subject to FDA evaluation regarding
whether they are effective to treat a particular disease or have other effects that may be
claimed. In addition, they have not been evaluated by the FDA to determine what the
proper dosage is, how they could interact with other drugs or foods, or whether they
have dangerous side effects or other safety concerns. Misleading, unproven, or false
claims associated with CBD products may lead consumers to put off getting important
medical care, such as proper diagnosis, treatment, and supportive care, which is a real
public health and safety concern.
The FDA notes that it has seen only limited data about CBD safety and the data points
to real risks that need to be considered before taking CBD for any reason. According to
the FDA, CBD has the potential to cause liver injury, and can affect the metabolism of
other drugs, causing serious side effects. Use of CBD with alcohol or other Central
Nervous System depressants increases the risk of sedation and drowsiness, which can
lead to injuries. CBD can also cause changes in alertness, most commonly
experienced as drowsiness or sleepiness, gastrointestinal distress, most commonly
experienced as diarrhea and/or decreased appetite, and changes in mood, most
commonly experienced as irritability and agitation.
In addition to safety risks and unproven claims, the quality of many CBD products may
also be in question. The FDA has raised concerns about the lack of appropriate
processing controls and practices that can put consumers at additional risk. For
example, the FDA has tested the chemical content of cannabinoid compounds in some
of the products, and many were found to not contain the levels of CBD they claimed.
The FDA is also investigating reports of CBD potentially containing unsafe levels of
contaminants (e.g., pesticides, heavy metals, and THC).
A cosmetic is defined in Section 201(i) of the FD&C Act as "(1) articles intended to be
rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the
human body or any part thereof for cleansing, beautifying, promoting attractiveness, or
altering the appearance, and (2) articles intended for use as a component of any such
articles; except that such term shall not include soap." Under the FD&C Act, cosmetic
products and ingredients are not subject to premarket approval by FDA, except for most
color additives. Ingredients not specifically addressed by regulation must nonetheless
comply with all applicable requirements, and no ingredient – including a cannabis or
cannabis-derived ingredient – can be used in a cosmetic if it causes the product to be
adulterated or misbranded in any way. A cosmetic generally is adulterated if it bears or
contains any poisonous or deleterious substance which may render it injurious to users
under the conditions of use prescribed in the labeling, or under such conditions of use
as are customary or usage. If a product is intended to affect the structure or function of
1 Ingredients that are derived from industrial hemp that do not contain THC or CBD might be able to be
added to food. In December 2018, the FDA determined that hulled hemp seed, hemp seed protein
powder, and hemp seed oil can be legally marketed in human foods for consumption as marketers do not
make claims that they treat disease. These products do not fall within the City’s categorical ban.
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the body, or to diagnose, cure, mitigate, treat or prevent disease, it is a drug, or possibly
both a cosmetic and a drug, even if it affects the appearance.
As part of staff’s comprehensive investigation of industrial hemp and its potential
impacts on public health, safety, and welfare, staff continues to evaluate whether and to
what extent retail sales of CBD products contribute to any such health and safety
impacts.
C.Hemp Retail Stores.
Other cities in Ventura County have also seen an increase in stores specializing in the
sale of hemp products, such as CBD. In order to comprehensively review the
appropriateness of this type of focused retail store to be located in the City and in
certain types of commercial districts of the City, the City wants to consider a range of
zoning and other regulatory options that may pertain to these types of retail stores. The
City continues to study a potential exemption for certain types of hemp products from
the definition of what would constitute a non-permissible hemp store.
Based on these and other concerns expressed by the public and described in the staff
report for the December 18, 2019 City Council meeting, the City Council adopted
Ordinance No. 477 to impose a moratorium on: (1) the cultivation, manufacturing,
testing and storing of industrial hemp in the City; (2) the retail sale of unapproved CBD
products; and (3) the establishment of hemp stores in the City. Then, on January 15,
2020, the City Council extended the Interim Urgency Ordinance from February 1, 2020
for an additional 10 months and 15 days, through and including December 16, 2020 to
provide additional time for the City to study appropriate regulations and restrictions on
the above-referenced cultivation and uses of industrial hemp. The City Council is now
considering a final extension of the Interim Urgency Ordinance for an additional year to
December 16, 2021.
Measures Taken to Alleviate the Conditions Which Led to the Adoption of the
Ordinance:
•On June 15, 2020, staff presented an Industrial Hemp Study Session agenda
item to the City Council. Staff shared initial research that had been
conducted on the types of uses that might be expected and associated with
industrial hemp, which included warehousing, manufacturing, testing and
retail hemp uses. Staff outlined their initial analysis and potential regulatory
options to the City Council, considering both positive and negative impacts
that might be generated by such uses. The City Council discussed and
commented on particular uses and requested additional analysis be
conducted to address their comments and concerns. Although the City
Council provided comments and guidance, further background research is
necessary to substantiate specific regulations and address additional
concerns raised by the City Council on the substantive impacts of hemp
storage, transportation and sale.
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•Staff has prepared a draft ordinance to prohibit the cultivation of industrial
hemp within the City boundary. Although a draft ordinance was initially
scheduled for review by the City Council on July 15, 2020, the item was
rescheduled to September 2, 2020 and has since been taken off the City
Council calendar so staff can continue to evaluate regional regulations
relating to industrial hemp. Due to potential revisions to hemp cultivation
regulations in the surrounding unincorporated areas, staff intends to present
the draft regulations to City Council following action by the County of Ventura
and the final results of the vote on Ventura County Measure O (discussed
below).
•The County of Ventura has proposed an interim ordinance to create a one-
half mile buffer between sensitive receptors and industrial hemp cultivation
activities carried out in unincorporated County land. The County’s proposed
interim Ordinance was considered at the Board of Supervisors meeting on
January 14, 2020. The City submitted a letter asking that the County develop
a science-based standard for separation between residences and other
sensitive uses and hemp cultivation areas. The City is concerned that with
wind patterns, both on-shore and off-shore flows, the separation needed to
ensure that residents are not subjected to objectionable odors may need to
be greater than one-half mile. City staff continued to monitor and review the
draft regulations throughout the spring and summer of 2020. On July 15,
2020, the County of Ventura, Agricultural Commission reviewed a draft
proposed ordinance to address concerns related to industrial hemp
cultivation. The draft ordinance was presented to the Ventura County
Planning Commission on November 5, 2020. City staff reviewed the
proposed ordinance and provided testimony regarding the concerns
previously identified by the community. Staff will also consider the impact of
the County’s proposed regulations on the City’s eventual regulations.
•On November 3, 2020, voters in Ventura County voted on County Ballot
Measure O, a measure which if approved would allow commercial cultivation,
processing, distribution and sale of cannabis in certain areas of the County.
Preliminary returns show Measure O passed with a vote of 57% to 43%.
Since the measure is approved by a simple majority vote, the ordinance
implementing the new regulations would go into effect on January 21, 2021.
Although the subject of this moratorium is related to industrial hemp and not
cannabis, both Measure O and the County’s proposed hemp ordinance may
have impacts that should be considered in the development of City
regulations, therefore staff intends to consider the two actions prior to
continued preparation of a draft City ordinance.
•City staff has continued to confer with the Ventura County Sheriff’s
Department in order to better understand the causes of additional criminal
activity surrounding industrial hemp activities and what type of security
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measures are needed to avoid hemp uses from being a magnet for criminal
theft of hemp plants.
•City staff has continued to monitor and research the current regulatory
environment surrounding CBD products that have not yet been approved for
human consumption by the Federal Drug Administration. Staff is undertaking
this research to determine whether, in the absence of a robust and well-
understood federal regulatory program, municipal permanent restrictions on
CBD productions are appropriate.
•City staff has continued to research specific impacts associated with odor
related to manufacturing and industrials uses, as suggested by City Council.
Staff intends to make site visits to facilities where hemp is processed in
surrounding communities, to better understand the potential impacts of such
uses.
•Assuming the City Council elects to extend the Interim Urgency Ordinance,
and thereafter amends the Moorpark Municipal Code to address the subjects
of this report, staff would at that time recommend rescinding the Interim
Urgency Ordinance upon the effective date of the new regulations prior to
December 16, 2021.
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ATTACHMENT 2
ORDINANCE NO. 486
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
MOORPARK, CALIFORNIA, EXTENDING THE EXISTING
MORATORIUM FOR ONE YEAR ON THE CULTIVATION,
MANUFACTURING, TESTING, STORING, AND CERTAIN
RETAIL SALES OF INDUSTRIAL HEMP, DECLARING THE
URGENCY THEREOF AND THE IMMEDIATE
EFFECTIVENESS OF THIS ORDINANCE PURSUANT TO
GOVERNMENT CODE SECTIONS 65858, 36934 AND
36937, AND MAKING A DETERMINATION OF
EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findings
A. The City Council desires to provide for the public safety, health and
welfare of the residents and visitors to the City of Moorpark (“City”) by exercising its
police power authority under Section 7 of Article XI of the California Constitution. Based
on the findings and evidence set forth below, the City Council finds that certain uses of
industrial hemp may create public safety, health and welfare impacts within the City.
These activities include the cultivation, manufacturing, testing, retail sale, and storing of
industrial hemp. At this time, industrial hemp uses are not specifically listed for
regulation by Municipal Code Chapter 17.20 (Uses by Zone).
B. The City finds that the public welfare will be harmed without studying and
evaluating the impacts associated with industrial hemp, including odor, processing
safety, and the generation of air pollutants, such as volatile organic compounds (VOCs).
Dozens of residents have called City and County of Ventura (“County”) officials
complaining of the continual skunk-like odor in their neighborhoods as terpenes from a
large farm of industrial hemp grown to produce CBD oil wafts into residential
neighborhoods adjacent to this hemp farm. During public hearings regarding industrial
hemp, the City Council heard from a substantial number of individuals regarding the
harmful effects of the odor emanating from industrial hemp cultivation located adjacent
to the City in unincorporated areas of the County. Aside from having to experience
offensive odors, many of these residents also have complained of headaches, nausea,
sore throats and other physical side effects from breathing and smelling the distinctive
odor generated by industrial hemp grown to produce CBD oil.
C. The City Council finds that there is a current and immediate threat to the
public safety, health and welfare presented by the increased crime associated with
industrial hemp activities. The Ventura County Sheriff’s Department documented 10
cases of hemp theft in only 34 days in October and November 2019, and the County
has arrested 10 individuals in connection with stolen hemp. During one such event a
firearm was reportedly brandished where the suspects were suspected of planning to
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Ordinance No. ____
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steal hemp plants. Of the 10 individuals arrested on suspicion of hemp theft, nine of
them resided outside of the County. Given that industrial hemp is now grown within the
County, the Sheriff’s Department is concerned that criminals are travelling into the
County for the purpose of stealing hemp plants and hemp paraphernalia. Theft of hemp
plants is made easier by limited security measures observed by the Sheriff’s
Department during inspections of existing hemp farms within the County. The additional
patrols and investigatory resources devoted to industrial hemp activities prevent the
Sheriff’s Department from undertaking other crime prevention activities in surrounding
areas, and it is reasonable to surmise that hemp activities within the City would detract
the Sheriff’s Department from undertaking other crime prevention activities in the City.
Based on this evidence, the City Council finds that the adoption of this Interim
Ordinance is necessary for the immediate preservation of the public safety, health and
welfare.
D. The City Council further finds that certain products containing or produced
with industrial hemp, primarily cannabidiols (CBD), have not yet received Federal Drug
Administration (FDA) approval to determine whether they are effective to treat particular
conditions or have other effects that may be claimed. In addition, such products have
not been subjected to an FDA evaluation to determine proper dosages, dangerous side
effects, or other safety conditions. As a result, persons purchasing such products may
be exposed to misleading, unproven, or false claims associated with industrial hemp
products, including CBD extracted from industrial hemp, which is a real and legitimate
public health and safety concern. Furthermore, the FDA has noted that it has seen only
limited data about CBD safety and the data points to real risks that should be
considered before CBD is ingested. Finally, according to the FDA, the quality of many
CBD products has not been fully evaluated with respect to the processing controls and
practices involved in the production of CBD that may put consumers at additional health
risks. For these reasons, the City Council desires to exercise its police power, including
the City’s land use authority, to protect the public health and safety from the risks
associated from the retail sale of industrial hemp products, including CBD, that have not
yet received approval from the FDA for consumption.
E. Allowing industrial hemp activities, without a complete and adequate state
and federal regulatory framework in place, will not adequately protect the public’s
safety, health and welfare. As such, if the City fails to enact this moratorium, industrial
hemp activities will continue to create a current and immediate threat to the public
safety, health and welfare.
F. For the foregoing reasons, and based on all evidence made available to
the City Council, on December 18, 2019, the City Council adopted Interim Urgency
Ordinance No. 477 to establish an initial 45-day moratorium on the cultivation,
manufacturing, testing, storing, and certain retail sales of industrial hemp within the City.
G. During the initial 45-day moratorium, City staff undertook measures to
alleviate the conditions described above that led the City Council to adopt Interim
Urgency Ordinance No. 477. These measures include reviewing the County of
Ventura’s independent actions to mitigate impacts caused by industrial hemp cultivation,
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Ordinance No. ____
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conferring with the Ventura County Sheriff’s Department, researching actions taken by
the Federal Drug Administration and other jurisdictions to regulate industrial hemp, and
researching and developing permanent amendments to the Moorpark Zoning Code to
codify appropriate limitations on industrial hemp activities. These measures are more
fully explained in the report adopted by the City Council on January 2, 2020, pursuant to
Government Code Section 65858(d).
H. Prior to the expiration of the initial 45-day moratorium, City staff
determined that additional time was necessary to thoroughly research and evaluate a
permanent, non-urgency ordinance establishing zoning regulations and other
restrictions on the cultivation, manufacturing, testing, sale, and storing of industrial
hemp. Therefore, on January 15, 2020, the City Council adopted Interim Urgency
Ordinance No. 479, extending the moratorium from February 1, 2020 for an additional
10 months and 15 days, through and including December 16, 2020.
J. Since the passage of the first extension of the moratorium by way of
Ordinance No. 479, staff has undertaken additional measures to alleviate the conditions
described above that led the City Council to adopt the Interim Urgency Ordinance.
These measures include presenting an Industrial Hemp Study Session agenda item to
the City Council, preparing a draft ordinance to prohibit the cultivation of industrial hemp
within the City, reviewing the County of Ventura’s independent actions to mitigate
impacts caused by industrial hemp cultivation, conferring with the Ventura County
Sheriff’s Department, researching actions taken by the Federal Drug Administration and
other jurisdictions to regulate industrial hemp, and researching specific impacts
associated with odor related to the manufacture of industrial hemp. These measures
are more fully explained in the report approved for issuance by the City Council on
November 18, 2020, pursuant to Government Code Section 65858(d). This report is
attached to the December 2, 2020 staff report accompanying this Interim Urgency
Ordinance and made a part of the record thereto.
I. The City is still undertaking its review of the measures needed to alleviate
the conditions that led to the adoption of Interim Urgency Ordinances No. 477 and 479.
In particular, additional time is needed to address how a county-wide hemp cultivation
ordinance presented to the County of Ventura Planning Commission on November 5,
2020, as well as the passage of Measure O on November 3, 2020, which allows
commercial cannabis cultivation, processing, distribution, and sale within the County of
Ventura, may impact the City’s enactment of a permanent, non-urgency ordinance
establishing zoning regulations and other restrictions on the cultivation, manufacturing,
testing, sale, and storing of industrial hemp. Accordingly, the City Council is adopting
this ordinance to extend the moratorium by an additional 12 months, unless terminated
sooner by the City Council.
I. Pursuant to Government Code Section 65858(a), the City Council held a
duly noticed public hearing prior to adopting this Interim Ordinance.
J. The City Council finds that this Interim Ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) (the
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Ordinance No. ____
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activity will not result in a direct or reasonably foreseeable indirect physical change in
the environment), and 15060(c)(3) and 15378 (the activity is not a project under CEQA)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly. This is because the moratorium adopted by this Interim Ordinance merely
prohibits uses that have significant impacts on public health, safety and welfare, and
does not permit any development that could result in a significant change to the
environment. Furthermore, the moratorium established by this Interim Ordinance is
temporary pending the study and investigation of regulatory tools to address the
impacts created by industrial hemp activities. In addition, the Interim Ordinance is
categorically exempt from CEQA pursuant to Section 15308 of the CEQA Guidelines,
because this ordinance is a regulatory action taken by the City in accordance with
California Government Code Section 65858 to assure maintenance and protection of
the environment pending further review of the potential impacts of industrial hemp uses
in the City and completion of contemplated Zoning Ordinance revisions.
SECTION 2. Definitions
A. “Cultivation” means the planting, growing, harvesting, drying, curing,
grading, or trimming of industrial hemp.
B. “Industrial hemp” means a fiber or oilseed crop, or both, that is limited to
types of the plant Cannabis sativa L. having no more than three-tenths of one percent
(0.3%) tetrahydrocannabinol (THC) contained in the dried flowering tops, whether
growing or not; the seeds of the plant; the resin extracted from any part of the plant; and
every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its
seeds or resin produced therefrom.
C. “Unapproved industrial hemp products” means any item or thing
containing any amount of industrial hemp that is intended for human or animal
consumption and has not yet received approval by the United States Food and Drug
Administration.
D. “Manufacturing” means to compound, blend, extract, infuse, process, or
otherwise make or prepare an industrial hemp product.
E. “Retail sale” means any person or business selling or offering to sell, or to
otherwise convey or exchange for any form of consideration, the following: (1) industrial
hemp or products derived from any amount of industrial hemp where the sale of such
products comprises five percent or more of the business’s floor area or five percent or
more of the gross sales of such business in any one month period; or (2) unapproved
industrial hemp products in any quantity or amount.
F. “Storing” means to store unprocessed industrial hemp.
G. “Testing” means a laboratory, facility, or entity in the state that offers or
performs tests of industrial hemp and industrial hemp products.
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Ordinance No. ____
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SECTION 3. Moratorium Extended
The City of Moorpark hereby extends the current moratorium on the cultivation,
manufacturing, testing, retail sale, and storing of industrial hemp from December 16,
2020 to December 16, 2021. Cultivation, manufacturing, testing, retail sale, and storing
of industrial hemp shall all constitute prohibited uses under Title 17 of the Moorpark
Municipal Code and no building permit, business regulatory permit, zoning clearance, or
other entitlement may be issued for the purposes of authorizing such uses.
SECTION 4. Penalty
A violation of any provision of this Interim Ordinance shall constitute a violation of
the Municipal Code and is subject to all applicable penalties, fines, and remedies
described in Chapter 1.10 of the Moorpark Municipal Code. Each and every day a
violation of this Interim Ordinance exists shall constitute a separate and distinct violation
of the Municipal Code.
SECTION 5. Term of Moratorium
This Interim Ordinance shall expire, and the moratorium established hereby shall
terminate on December 16, 2021, which is 12 months from the expiration of Interim
Urgency Ordinance No. 479. Alternatively, the City Council may terminate the Interim
Ordinance prior to its expiration date of December 16, 2021 upon the adoption of a
permanent ordinance that regulates industrial hemp activities.
SECTION 6. Investigation and Report During Term of Moratorium
During the term of this Interim Ordinance, the Community Development Director
is directed to continue studying appropriate regulatory tools to mitigate the conditions
outlined in Section 1 that arise out of the cultivation, manufacturing, testing, retail sale,
and storing of industrial hemp, including but not limited to the prohibition of all such
uses. The Community Development Director is further directed to report back to the
City Council with his or her findings and a proposed ordinance to implement the
recommended course of action.
SECTION 7. Effective Date; Findings of Urgency; and Duration
A. This Interim Ordinance is adopted as an urgency ordinance pursuant to
the provisions of Government Code Sections 65858, 36934 and 36937, and shall take
effect immediately upon its adoption. Based upon the findings set forth in Section 1
above, the City Council finds and determines that the adoption of this Interim Ordinance
is an urgency ordinance authorized by Government Code Section 65858, and is
necessary for the immediate preservation of the public health, safety, and welfare.
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Ordinance No. ____
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B. Pursuant to Government Code Section 65858(a), this Interim Ordinance
shall be adopted by not less than a four-fifths vote of the City Council and shall be in
effect for 12 months from December 16, 2020.
SECTION 8. Severability
If any provision of this Interim Ordinance, the application thereof to any person or
circumstance, or the moratorium on any of the specific uses of industrial hemp is held
invalid, such invalidity shall not affect other provisions, moratoria, or applications of this
Interim Ordinance which can be given effect without the invalid provision or application,
and to this end the provisions of this ordinance are severable. The City Council hereby
declares that it would have adopted this Interim Ordinance irrespective of the invalidity
of any particular portion thereof.
SECTION 9. Publication
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 publish notice of adoption in the
manner required by law.
PASSED AND ADOPTED this 2nd day of December, 2020.
Janice S. Parvin, Mayor
ATTEST:
Ky Spangler, City Clerk
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