The URL can be used to link to this page

Home My WebLink AboutAGENDA REPORT 2021 0217 CCSA REG ITEM 11ACITY OF MOORPARK,  CALIFORNIA City Council Meeting of February 17, 2021 ACTION Adopted Ordinance No. 487. (Roll Call Vote: Unanimous). BY B.Garza. A. Consider Ordinance No. 487 Amending Chapter 17.20 (Uses by Zone) of Title 17 (Zoning) of the Moorpark Municipal Code to Prohibit the Cultivation of Industrial Hemp Within the City Limits, and Making a Determination of Exemption from the California Environmental Quality Act. Staff Recommendation: Waive full reading, declare Ordinance No. 487 read for the second time, and adopted as read. (ROLL CALL VOTE REQUIRED) Item: 11.A. Item: 11.A. ORDINANCE NO. 487 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hemp; and WHEREAS, on January 15, 2020, the City Council subsequently adopted Interim Ordinance No. 479 which superseded Interim Urgency Ordinance No. 477 and imposed a 10 month and 15 day moratorium on the cultivation, manufacturing, testing, storing, and certain retail sales of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 84 Ordinance No. 487 Page 2 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 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. 85 Ordinance No. 487 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 86 Ordinance No. 487 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 87 Ordinance No. 487 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 88 Ordinance No. 487 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 89