HomeMy WebLinkAboutAGENDA REPORT 2021 0203 CCSA REG ITEM 08ACITY OF MOORPARK, CALIFORNIA
City Council Meeting
of February 3, 2021
ACTION Introduced Ordinance No. 487 for
First Reading. (Roll Call Vote: Unanimous)
BY B.Garza.
A. Consider Zoning Ordinance Amendment No. 2020-01, Amending Title 17
(Zoning), Chapter 17.20 (Uses by Zone) of the Moorpark Municipal Code to
Prohibit the Cultivation of Industrial Hemp Citywide, and Determining that this
Action is Exempt from the California Environmental Quality Act. Staff
Recommendation: 1) Open the public hearing, accept public testimony and close
the public hearing; and 2) Introduce Ordinance No. 487, approving Zoning
Ordinance Amendment No. 2020-01 for first reading, waive full reading, and
place this ordinance on the agenda for February 17, 2021, for purposes of
providing second reading and adoption of the ordinance. (Staff: Shanna Farley-
Judkins) (ROLL CALL VOTE REQUIRED)
Item: 8.A.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Shanna Farley-Judkins, Principal Planner
DATE: 02/03/2021 Regular Meeting
SUBJECT: Consider Zoning Ordinance Amendment No. 2020-01, Amending
Title 17 (Zoning), Chapter 17.20 (Uses by Zone) of the Moorpark
Municipal Code to Prohibit the Cultivation of Industrial Hemp
Citywide, and Determining that this Action is Exempt from the
California Environmental Quality Act
SUMMARY
In 2019, industrial hemp (hemp) cultivation began in areas of unincorporated Ventura
County, including areas to the south of Moorpark in the Tierra Rejada Valley. Hemp
cultivation in the Tierra Rejada Valley resulted in numerous odor complaints from
residents of the City of Moorpark. In December 2019, the Moorpark City Council
enacted an Interim Urgency Ordinance to impose a moratorium on the cultivation,
manufacturing, testing, storing, and certain retail sales of hemp. The Interim Urgency
Ordinance was extended to allow staff time to research the impacts of hemp uses. On
January 15, 2020, the City Council adopted Resolution No. 2020-3870 directing the
Planning Commission to study and consider an ordinance related to hemp regulations in
the City of Moorpark. As a result, staff presented a draft resolution to the Planning
Commission on February 25, 2020, proposing the initiation of a Zoning Code
Amendment to prohibit hemp cultivation in the City of Moorpark. The Planning
Commission adopted Resolution No. 2020-648 recommending prohibition of hemp
cultivation to the City Council. The proposed Zoning Code Amendment under
consideration pertains only to cultivation of hemp. Code amendments pertaining to
other hemp-related uses such as: manufacturing, testing, storing and certain retail sales
of hemp will follow later this year.
BACKGROUND
Federal and State Regulations
On January 1, 2019, the Agricultural Improvement Act of 2018 became effective. The
law removed hemp from Schedule I of the Controlled Substances Act. The Act directed
the U.S. Agricultural Department to develop a federal regulatory program for the
Item: 8.A.
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cultivation, production, and marketing of hemp. The law also separated hemp from
cannabis by defining hemp as having no more than 0.3 percent Tetrahydrocannabinol
(THC). THC is the primary mind altering chemical in cannabis. Initially, the State of
California only allowed cultivation of hemp by colleges under a pilot program managed
by the State Department of Agriculture. California Industrial Hemp Farming Act (SB566)
authorized the pilot program. The pilot program helped the State understand the
agricultural techniques of hemp production. Based on results of SB566, the State
allowed the general commercial cultivation of hemp through the Industrial Hemp Act
(SB153). SB153 requires that growers of hemp register with the county agricultural
commissions and obtain an annual permit.
Hemp Cultivation within Ventura County
Ventura County’s unique, year-round growing season has resulted in substantial hemp
growing activity. On November 20, 2019, the Ventura County Agricultural
Commissioner informed the City Council that the County had issued 47 permits to
cultivate hemp at 110 sites, for approximately 3,600 acres of land. Each permit is valid
for one year.
The Ventura County Agricultural Commissioner noted that most hemp cultivation was
related to Cannabidiol (CBD) oil production. The strain of hemp that is grown to
produce CBD oil produces a large amount of flowering resin. The flowering resin
produces a smell that is often described as having the strong odor of marijuana or
skunk. The growing period for hemp is three to four months, which is relatively short
compared to other crops.
In 2019, a large hemp field was planted in the Tierra Rejada Valley, just south of the
City’s boundary. The planting were staggered for harvesting over many months. The
Tierra Rejada hemp grow led to reports of strong odors within the southern portion of
the Moorpark. Dozens of residents in the area described the impacts as being a
nuisance. Noted impacts include the constant exposure to offensive odors, inside and
outside their homes. Many Moorpark residents expressed concerns publicly at the
County Board of Supervisors and City Council meetings. At these meetings, residents
indicated that the odors have prevented them from enjoying their homes and from using
recreation areas in their neighborhoods. Other residents have reported headaches,
nausea, and sore throats. Residents are concerned about the potential decrease in the
value of and potential resale of their homes resulting from the hemp odors.
Hemp cultivation also resulted in increased criminal activity. The Sheriff’s Department
stated that since January 2019, 19 crimes related to hemp cultivation were reported in
the County of Ventura, of which six resulted in arrests.
Several cities in Ventura County have recently regulated or prohibited the cultivation of
hemp following the concerns expressed during the 2019 growing season. These
include the cities of Fillmore, Simi Valley, Thousand Oaks, Ojai, and Camarillo.
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Ventura County Ordinance
On December 15, 2020, the Ventura County Board of Supervisors approved Ordinance
No. 4574 outlining limits for the cultivation of hemp within unincorporated areas of
Ventura County (effective January 14, 2021). The Ordinance prohibits the cultivation of
hemp in the Tierra Rejada Valley. The Ordinance also prohibits the cultivation of hemp
within a 1,200-foot buffer of defined sensitive sites. The Ventura County Ordinance No.
4574 defines a sensitive site as:
“Sensitive Site” means a property with a certificate of occupancy that is
any of the following:
1) Within a residential zone within a city;
2) Within an unincorporated area designated “Urban,” “Existing
Community” or “Existing Community-Urban Reserve” in the Ventura
County General Plan;
3) An elementary or high school;
4) A licensed daycare center that was licensed on or before the
effective date of the current registration;
5) A college or university building, except for a stadium; or
6) A hospital or medical facility.
The Ventura County Ordinance limits the areas near the City of Moorpark where hemp
can be grown. The buffers are intended to reduce the odor impacts on certain sensitive
uses. Based on the sensitive site definition, the majority of the developed land in
Moorpark would be buffered from hemp cultivation. Future sites that would meet the
definition would be considered a sensitive site at that time. The Ordinance also
regulates the dates when hemp can be harvested, established a three-mile buffer for
male hemp plants grown inside of greenhouses, and applies rules for signage, fees,
nuisance abatement and penalties.
City Council Urgency Ordinance and Moratorium
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 hemp, and related activities such as drying and processing hemp,
in all zoning districts of the City. The Interim Ordinance also prohibited the sale of CBD
containing products if the sale of those products requires approval by the United States
Food and Drug Administration and the products do not have such approval.
On January 15, 2020, the City’s Interim Urgency Ordinance No. 477 was superseded by
Interim Urgency Ordinance No. 479, which extended the term of the local moratorium
on hemp activities by 10 months and 15 days, to December 16, 2020. The extension of
the Interim Urgency Ordinance was needed to provide staff with additional time to study
regulatory tools and prepare a future ordinance.
On January 15, 2020, the City Council also adopted Resolution No. 2020-3870, which
directed the Planning Commission to hold a public hearing and provide a
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recommendation to the City Council on Amendments to Title 17 (Zoning) of the
Moorpark Municipal Code to address the cultivation, manufacturing, testing, storing, and
retail sale of hemp.
On November 18, 2020, the City Council approved the issuance of a 10-Day Report on
the actions taken to improve the conditions, which led to the City Council’s adoption of
Interim Urgency Ordinance No. 477 that established the current moratorium.
On December 2, 2020, the City Council approved Interim Urgency Ordinance No. 486
(Attachment 1) that superseded the prior Interim Urgency Ordinance No. 479 and
extended the temporary moratorium on the cultivation, manufacturing, testing, storing,
and retail sale of hemp through December 16, 2021.
Planning Commission Action
On February 25, 2020, the Planning Commission held a public hearing to consider the
proposed ordinance prohibiting the cultivation of hemp citywide. There was no public
testimony provided at this meeting. The Planning Commission voted unanimously to
adopt Resolution No. 2020-648 (Attachment 2), recommending that the City Council
adopt the proposed ordinance prohibiting hemp cultivation in all zoning districts within
the City.
ANALYSIS
Hemp is an odorous plant. The growth of hemp in open fields produces strong and
sustained odors that many find offensive. This odor is more distinct when the plants are
flowering and harvested. The hemp odor cannot be reasonably mitigated because the
odors spread based on wind speed, pattern and direction. While new technology may
eventually produce a strain of hemp that is not odorous, such a strain does not currently
exist.
The Municipal Zoning Ordinance establishes standards for orderly development and
seeks to minimize impacts to adjacent properties. Based on comments received at
various public meetings and direction of the City Council, staff is recommending the
permanent prohibition of the cultivation of hemp within the City of Moorpark.
Proposed Zoning Ordinance Amendments
Chapter 17.08 (Definitions) of the Municipal Code currently defines “industrial hemp” 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.” Industrial hemp is grown to produce a variety of products,
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including fiber for clothing, textiles, paper, building materials and for CBD
oil for human use and consumption.
The Municipal Code lists the permitted uses within each zone in two locations, Table
17.20.050 (Permitted Uses in Open Space, Agricultural, Residential, and Special
Purpose Zones) and Table 17.20.060 (Permitted Uses in Commercial and Industrial
Zones). While the term “industrial hemp” is defined in the Code, the cultivation of
industrial hemp is not addressed in the permitted use tables. Therefore, staff
recommends the following amendments to prohibit the cultivation of hemp citywide:
The proposed zoning amendment prohibiting the cultivation of hemp is the first of a
series of zoning amendments related to hemp that staff plans to bring to the Planning
Commission and City Council in 2021.
ENVIRONMENTAL DETERMINATION
Pursuant to Section 15061 of the California Environmental Quality Act (CEQA)
Guidelines, projects that would not result in a physical change to the environment are
exempt from environmental review. The proposal to prohibit the cultivation of hemp
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
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD
RPD
20U-
N-D TPD
(A)10. Cultivation
of industrial hemp
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-2
C-
OT M-1 M-2 I
(F)6. Cultivation of industrial hemp
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within the City would not result in a physical change to any existing land uses, as the
proposed ordinance does not authorize any additional uses of land. Therefore, the
Community Development Director/Interim Deputy City Manager has determined that the
proposed ordinance is exempt from environmental review, pursuant to Section 15061 of
the CEQA Guidelines and no further environmental documentation is required.
NOTICING
The notice of the public hearing was published in the Ventura County Star on
January 24, 2021.
FISCAL IMPACT
No direct fiscal impacts to the City are associated with this request, other than staff
time.
There are no licensed commercial hemp farming operations within City limits, therefore
no existing businesses within Moorpark would be negatively affected by this ordinance
amendment.
COUNCIL GOAL COMPLIANCE
This action does not support a City Council goal or objective.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
1. Open the public hearing, accept public testimony and close the public hearing;
and
2. Introduce Ordinance No. ____, approving Zoning Ordinance Amendment No.
2020-01 for first reading, waive full reading, and place this ordinance on the
agenda for February 17, 2021, for purposes of providing second reading and
adoption of the ordinance.
Attachment 1: Interim Urgency Ordinance 486, Industrial Hemp Moratorium
Attachment 2: Planning Commission Resolution No. 2020-648
Attachment 3: Draft Ordinance No. ____
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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 Sheriffs 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
ATTACHMENT 1
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Ordinance No. 486
Page 2
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 Sheriffs 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
Sheriffs 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. 486
Page 3
conferring with the Ventura County Sheriffs 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
Sheriffs 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 0 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. 486
Page 4
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. 486
Page 5
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. 486
Page 6
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.
YaVriry
a 'ce S. Parvin, Mayor
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Ordinance No. 486
Page 7
STATE OF CALIFORNIA
COUNTY OF VENTURA ss.
CITY OF MOORPARK
I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify
under penalty of perjury that the foregoing Ordinance No. 486 was adopted by the City
Council of the City of Moorpark at a regular meeting held on the 2nd day of December,
2020 and that the same was adopted by the following vote:
AYES: Councilmembers Castro, Enegren, Groff, Pollock and Mayor Parvin
NOES:None
ABSENT:None
ABSTAIN:None
WITNESS my hand and the official seal of said City this 2nd day of December, 2020.
Crem4
Ky Sp ler
City Clerk
seal)
apAMK
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13
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
ATTACHMENT 2
14
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.
15
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
16
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
17
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
18
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
19
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING 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 MAKING A
DETERMINATION OF EXEMPTION 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 a 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 hemp and voted 5-0 to forward a recommendation of
approval to the City Council; and
WHEREAS, on July 15, 2020, the Draft Zoning Amendment was scheduled
before the City Council and was continued to the September 2, 2020, City Council
without opening of a public hearing; and
WHEREAS, on September 2, 2020, the Draft Zoning Amendment was scheduled
before the City Council and was continued to a date uncertain without opening of a
public hearing; and
WHEREAS, on December 2, 2020, the City Council adopted Interim Urgency
Ordinance No. 486 which superseded Interim Urgency Ordinance No. 479 and imposed
a one year moratorium on the cultivation, manufacturing, testing, storing, and certain
retail sales of industrial hemp; and
WHEREAS, at a duly noticed public hearing on February 3, 2021, the City
Council considered Zoning Ordinance Amendment No. 2020-01, 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
ATTACHMENT 3
20
Ordinance No. ___
Page 2
WHEREAS, the City Council finds that the proposed Zoning Ordinance
Amendment is in the public interest and reflects the input from residents, decision
makers, and other community stakeholders will serve to protect the public health,
safety, and general welfare by prohibiting the cultivation of industrial hemp within City
limits; and
WHEREAS, the City Council concurs with the Community Development Director
determination 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council concurs
with the determination of the Community Development Director that this project is
statutorily exempt from the provisions of the California Environmental Quality Act
pursuant to Section 15061 of the California Code of Regulations (CEQA Guidelines), in
that there would not be a physical change to any existing land uses in Moorpark as a
result of this ordinance, as this ordinance does not authorize any additional uses.
Therefore, no further environmental documentation is required.
SECTION 2. The City Council hereby approves Zoning Ordinance Amendment
No. 2020-01, which amends Chapter 17.20 (Uses by Zone), of the Moorpark Municipal
Code to prohibit the cultivation of industrial hemp as shown in Exhibit A attached.
SECTION 3. If any section, subsection, sentence, clause, phrase, part or portion
of this ordinance is for any reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase, part or portion
thereof, irrespective of the fact that any one or more section, subsections, sentences,
clauses, phrases, parts or portions be declared invalid or unconstitutional.
SECTION 4. This ordinance shall become effective thirty (30) days after its
passage and adoption. . A summary of this ordinance shall, within fifteen (15) days after
passage, be published in accordance with Section 36933 of the Government Code of the
State of California with the names of the City Councilmembers voting for and against it.
21
Ordinance No. ___
Page 3
SECTION 5. 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 written record of the passage and adoption thereof in the minutes 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 17th day of February, 2021.
Janice S. Parvin, Mayor
ATTEST:
_________________________________
Ky Spangler, City Clerk
Exhibit A – Zoning Ordinance Amendment No. 2020-01
22
Ordinance No. ___
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
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD
RPD
20U-
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.
ft.
ZC ZC ZC ZC
- 1,001—20,000 sq.
ft.
AP ZC AP
- 20,001—100,000
sq. ft.
CUP AP
- >100,000 sq. ft. CUP
2. Animal hospitals,
for large animals
CUP CUP CUP
23
Ordinance No. ___
Page 5
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD
RPD
20U-
N-D TPD
3. Apiculture in
accordance with
Chapter 17.28
ZC ZC AP
4. Crop production
where no structures
are involved
ZC ZC ZC ZC
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.
ft.
ZC ZC ZC ZC
- 1,001—20,000 sq.
ft.
AP AP AP AP
- > 20,000 sq. ft. CUP CUP
6. Kennels and
catteries (domestic)
see Chapter 17.28
CUP CUP CUP CUP
7. Wholesale
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.
AP AP AP AP AP*
8. Wildlife
sanctuaries
CUP CUP
9. Commercial
cannabis activity
except as provided in
Table
17.20.050(D)(16)
and (17)
10. Cultivation of
industrial hemp
24
Ordinance No. ___
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-2
C-
OT M-1 M-2 I
F. Accessory and Miscellaneous Uses
1. Outdoor sales
CUP CUP CUP CUP CUP CUP
2. Retail shops and services as listed in Table
17.20.060(A)(21) when the uses are determined by the
community development director to be ancillary to
office use of the property
AP
3. Temporary motion picture, television, or still
photography production (and related activities and
structures) in accordance with Section 17.28.120
TUP TUP TUP TUP TUP TUP TUP
4. Temporary uses including, but not limited to,
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
TUP TUP TUP TUP TUP TUP TUP
5. Drive-through facilities associated with permitted
uses in the zone other than eating and drinking places
(Not allowed in C-2 Zone)
CUP CUP
6. Cultivation of industrial hemp
25