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HomeMy WebLinkAboutAGENDA REPORT 2021 0928 PC ITEM 08Bof ACTION BY: CITY OF MOORPARK, CALIFORNIA Planning Commission Meeting September 28, 2021 Approved Staff Recommendation, Including Adoption of Resolution No. PC -2021-662. K. Valencia Item: 8.13, B. Consider a Resolution Recommending That the City Council Approve Zoning Ordinance Amendment No. 2021-01 Amending Chapters 17.08 (Definitions) and 7.20 (Uses by Zone) of Title 17 (Zoning) of the Moorpark Municipal Code to Define Certain Uses Involving Industrial Hemp and Related Products, and to Identify the Zones in Which These Uses Would be Prohibited, Permitted, and Conditionally Permitted, and Making a Determination of Exemption Pursuant to the California Environmental Quality Act (CEQA) in Connection Therewith. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. PC -2021-662 recommending to the City Council approval of an ordinance approving Zoning Ordinance Amendment No. 2021-01. Item: 8.13. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Shanna Farley -Judkins, Principal Planner DATE: 9/28/2021 Regular Meeting SUBJECT: Consider a Resolution Recommending That the City Council Approve Zoning Ordinance Amendment No. 2021-01 Amending Chapters 17.08 (Definitions) and 7.20 (Uses by Zone) of Title 17 (Zoning) of the Moorpark Municipal Code to Define Certain Uses Involving Industrial Hemp and Related Products, and to Identify the Zones in Which These Uses Would be Prohibited, Permitted, and Conditionally Permitted, and Making a Determination of Exemption Pursuant to the California Environmental Quality Act (CEQA) in Connection Therewith. STAFF RECOMMENDATION Open the public hearing, accept public testimony and close the public hearing; and 2. Adopt Resolution No. PC -2021-662 recommending to the City Council adoption of an ordinance approving Zoning Ordinance Amendment No. 2021-01. BACKGROUND In 2019, Federal and State law relaxed restrictions and regulations related to industrial hemp (referred to throughout as hemp), defined as "...the plant Cannabis sativa L. and any part of that plant including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta -0 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis". Tetrahydrocannabinol, also known as THC, is the primary psychoactive compound of cannabis. Subsequently, the State of California enacted a regulatory program to allow for the cultivation of hemp in California. Under that program, growers of hemp for commercial purposes must register with the county agricultural commissions and obtain an annual permit. Since 2019, Ventura County's unique, year-round growing season has resulted Honorable Planning Commission September 28, 2021 Page 2 in substantial hemp cultivation activity and products derived from hemp including cannabidiol (CBD) oil, paper, textiles, construction materials and food products. In late 2019, the City of Moorpark received numerous complaints from the public regarding hemp cultivations in the County, located in the Tierra Rejada Valley and the strong odors associated with these crops. Hemp Cultivation and Uses The City Council has received overwhelming feedback regarding the impact that the cultivation of hemp was having on the use and enjoyment of outdoor spaces, including nuisance complaints concerning strong and pervasive odors. Currently, all known strains of hemp generate strong odors during cultivation and harvest. In response to public concerns related to strong hemp odors generated by cultivation in the Tierra Rejada Valley, the City sought to enact restrictions on uses involving hemp. At that time, the zoning code did not regulate hemp differently from any other use. On December 18, 2019, the City Council adopted Interim Urgency Ordinance No. 477 to impose a temporary, 45 -day moratorium on the cultivation, manufacturing, testing, and warehousing 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 oil (a product derived from hemp) if the sale of those products requires approval by the United States Food and Drug Administration (FDA) and the products do not have such approval. On January 15, 2020, Interim Urgency Ordinance No. 477 was superseded by Interim Urgency Ordinance No. 479, which extended the term of the moratorium by 10 months and 15 days, to December 16, 2020. The extension of the Interim Urgency Ordinance was necessary to provide city staff with additional time to study appropriate regulatory tools and prepare a recommendation regarding how these uses should be addressed. At this meeting, the City Council also adopted Resolution No. 2020-3870, which directed the Planning Commission to hold a public hearing and provide a recommendation to the City Council on Amendments to Title 17 (Zoning) of the Moorpark Municipal Code (MMC) to address the cultivation, manufacturing, testing, storing, and retail sale of hemp. On June 17, 2020, the City Council held a study session to consider and provide policy guidance regarding hemp uses. Staff presented initial research that had been conducted on the types of uses that might be expected and associated with hemp, which included warehousing, manufacturing, testing, and retail hemp uses. Staff presented a staff report (Attachment 1) with recommended categories of uses, including warehousing, manufacturing, and processing, laboratory and testing and retail sales. Staff provided an analysis of each use and potential regulatory options to the City Council, considering both positive and negative impacts that might be generated by such uses. Several members of the public raised concerns regarding odor, noise, traffic, and potential health concerns. The Council provided general guidance and recommended that staff further study the proposed uses. The Council also directed that any uses that may result in offensive odors should be prohibited. Honorable Planning Commission September 28, 2021 Page 3 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 moratorium for an initial 45 days and the Interim Urgency Ordinance No. 479 which extended the moratorium for an additional 10 months and 15 days. On December 2, 2020 the City Council adopted Interim Urgency Ordinance No. 486 (Attachment 2) which superseded the prior Interim Urgency Ordinance and extended the temporary moratorium on the cultivation, manufacturing, testing, storing, and retail sale of hemp through December 16, 2021. This extension provided staff with additional time to research and respond to prepare a formal ordinance and address feedback provided at the study session. Staff has prepared a phased approach to regulating. The first phase addressed the cultivation of hemp, proposing prohibition throughout Moorpark due to overwhelming concerns associated with hemp odors. The second phase, which is the subject of this report, addresses the variety of uses which required additional research and analysis, which include warehousing, manufacturing, processing, stand-alone retail sales, accessory retail sales, home occupations, and research and testing laboratory uses associated with hemp. Cultivation Prohibition On February 17, 2021, the City Council adopted Ordinance No. 487 amending Chapter 17.20 (Uses by Zone) of Title 17 (Zoning) permanently prohibiting the cultivation of hemp throughout the City. Manufacturing Testing Storing and Retail Sales of Hemp and Hemp Products This staff report and proposed regulations address the remaining issues related to hemp, including manufacturing, testing, storage, and retail sales. A permanent ordinance addressing these uses must be effective by December 16, 2021, prior to the expiration date of Interim Urgency Ordinance No. 486. Following the City Council study session on June 17, 2020, staff has conducted research and outreach to the hemp industry to determine current trends and to identify a storage or manufacturing facility to tour. Staff was asked to determine the types of impacts that may be associated with a hemp storage or processing facility, which were largely focused on odor. Staff was unable to locate a hemp processing facility in southern California which would provide a tour to staff and elected officials. No known processing facility is in operation in Ventura County to -date. The emergency of COVID19 in 2020 also hampered the growth of this industry and the ability of staff to assess existing uses. Industry trends show that local hemp production and the prevalence of CBD retailers has decreased in the past two years. Although various market trends can be cited for this decrease in production, generally the market was saturated with statewide cultivation and processing and manufacturing facilities have not yet been planned locally. In addition, increased production of hemp nationwide has outpaced processing in California. Future trends for processing of hemp products in California are unclear. Honorable Planning Commission September 28, 2021 Page 4 ANALYSIS Hemp is a characteristically odorous product that many find objectionable. Additionally, hemp production and related uses involving the handling of raw hemp are anticipated to generate traffic, crime, and dust concerns. The odor and dust associated with hemp warehousing, manufacturing, and processing uses cannot be reasonably mitigated because the odors spread based on wind speed, pattern, and direction. Currently, potential odor and dust reducing technologies are not well studied or available to sufficiently address anticipated impacts. While emerging technology may eventually produce a strain of hemp that is not odorous, such a strain does not currently exist. City Staff has had no requests for the development of hemp warehousing, manufacturing, processing uses or stand-alone retail within the City boundary. Currently, several existing retail establishments within the City boundary, including grocery stores, spas and other retailers have accessory retail sales of products containing hemp ingredients, allowed as part of the Interim Urgency Ordinance No. 479. Several stand-alone hemp product retailers operate in surrounding communities, primarily marketing CBD oil products. Staff has prepared the following recommended regulations for uses involving hemp due to their likelihood to result in odors, community impacts, and potential benefits to residents and business within the City. Proposed Prohibited Uses: Warehousing, Manufacturing and Processing of Hemp The MMC Zoning Ordinance establishes standards for orderly development and to minimize potential impacts between adjacent uses. Based on current technology, no there is no feasible mitigation identified that can ensure that warehousing, manufacturing, and processing of hemp would not generate odor impacts. Although future filtration and ventilations systems may be developed to mitigate odor concerns, staff was unable to identify appropriate measures to limit such impacts in the City of Moorpark. In addition, expanded analysis would be required to determine the level of traffic impacts that could be generated by warehousing, manufacturing, and processing of hemp and any new uses that may exacerbate already high levels of traffic throughout Moorpark. Additionally, based on testimony received at various public meetings and direction of the City Council, staff is recommending a permanent prohibition of the warehousing, manufacturing, and processing of hemp within the City of Moorpark. Although staff has proposed prohibition of the above uses at this time, future opportunities to revisit these uses can be considered during the upcoming General Plan Update and subsequent MMC Zoning Code Update. At that time, should new information or technologies be identified to mitigate impacts of warehousing, manufacturing, and processing of hemp, such uses could be allowed. Additionally, should an applicant submit a Zoning Ordinance Amendment application for a change to a prohibited use, such request would be presented to the Planning Commission and City Council for consideration. Proposed Allowed Uses: Stand-alone Retail Sales, Accessory Retail Sales Home Occupations, and Research and Testing Laboratory Hemp Uses Honorable Planning Commission September 28, 2021 Page 5 Hemp is used to produce numerous products ranging from CBD oil, food, paper, clothing to construction materials. In general, CBD oil is the highest value hemp product produced locally. CBD oil is marketed as a standalone product and is also used as an ingredient in many personal care products like lotions and shampoos. Stand -Alone Retail Sales: Many stand-alone retail stores selling primarily hemp products operate throughout the County of Ventura. Retailers include big box stores, pet stores, spas, grocery stores, and pharmacies. Retail sale of hemp products is commonplace, and an expanding market and customer demand has brought these products into general retail establishments. Retail sales provide local retailers and service providers with the opportunity to sell or use products that have high customer demand and provide additional sales tax revenue. Due to market demand, minimal impacts, and operation of similar uses in nearby communities, staff recommends allowing stand-alone retail stores which primarily sell hemp containing products. Like other uses allowed in Moorpark which may have perceived impacts like bars, breweries, liquor stores, and tobacco retailers, staff recommends that stand-alone hemp retail stores similarly be permitted with a conditional use permit (CUP). A CUP is proposed to allow a discretionary review and conditions of approval to mitigate any concerns associated with the use or location of a store. Accessory Retail Sales: Currently, numerous retail stores in Moorpark sell products containing CBD oil or other hemp derived ingredients as an accessory use. This ancillary sale of hemp products were allowed during the moratorium, provided the accessory retail sales area equated to no more than five percent (5%) of a business' floor area. Research conducted by staff determined that multiple businesses in Moorpark currently sell products with ingredients derived from hemp. In all cases, businesses offering hemp - derived products were well within the 5% limit placed on floor area. To date, no negative community impacts have been reported related to accessory retail sales. Due to minimal impacts and continued existing practice, staff recommends allowing certain retail sales of products containing derived hemp ingredients, provided the accessory retail sales area equated to no more than 5% of a business' floor area. Home Occupations: Like other retail uses, staff recommends permitting the retail sale of hemp products as part of a home occupation. Currently, at least one home-based business sells CBD oil and related products. As with other home occupations, a home occupation selling hemp products would be required to meet several development standards outlined in MMC Zoning Code Section 17.28 to minimize potential impacts to residential neighborhoods. Research and Testing Laboratories: The state mandates testing of THC levels for hemp, and it is expected that testing facilities may be developed as this industry establishes itself in the region. One state -permitted testing facility is currently located within the County of Ventura. Generally, this use is similar to a traditional laboratory setting and does not present any specific odor or other impacts. Staff recommends that research and testing laboratories for hemp are permitted with approval of a CUP only within the Commercial Office Zone (C -O) and Industrial Park Zone (M-1). Honorable Planning Commission September 28, 2021 Page 6 Proposed Zoning Ordinance Amendments The proposed amendments to the MMC Zoning Code include Chapter 17.08 (Definitions), and Chapter 17.20 (Uses by Zone). Definitions: Chapter 17.08 (Definitions) provides the definitions of words and terms in the MMC Zoning Code and currently defines "industrial hemp". Staff recommends amending Chapter 17.08 (Definitions) to include additional definitions to further define industrial hemp uses and products. "Industrial hemp cultivation" means the planting, growing, harvesting, drying, curing, grading, or trimming of industrial hemp. "Industrial hemp manufacturing and processing" means to compound, blend, extract, infuse, process, or otherwise make or prepare an industrial hemp product. "Industrial hemp product" means any item, or good, including foods and beverages, personal care products, nutritional supplements, fabrics and textiles, paper, construction materials, and other manufactured and industrial goods, produced with and containing any amount of industrial hemp. "Industrial hemp product retail sales" means any person or business selling or offering to sell, or to otherwise convey or exchange for any form of consideration, industrial hemp product. Where the sale of such products is customary, incidental, and subordinate to the principal use of the use, the use will be considered accessory. "Industrial hemp research and testing laboratory" means a laboratory, facility, research institution, and/or entity that offers or performs testing or research involving industrial hemp or industrial hemp products. "Industrial hemp warehousing" means the storage of industrial hemp. Use Table: Chapter 17.20 (Uses by Zone) lists the uses that are allowed within each specific zoning district in the City and the permit required to establish the use. There are two use tables contained in the MMC Zoning Code: 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). Staff recommends the following amendments to Table 17.20.050 and Table 17.20.060 Honorable Planning Commission September 28, 2021 Page 7 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 Zones O -S A-E R -A R -E R -O R-1 R-2 RPD 20U- TPD N -D A. Agricultural Uses (minimum lot size of 5 acres required) 11. Industrial hem warehousing, and manufacturing and prgggLsing Table 17.20.050 PERMITTED USES IN OPEN SPACE, AGRICULTURAL, RESIDENTIAL, AND SPECIAL PURPOSE ZONES D. Accessory and Miscellaneous Uses 6. Home NZC NZC NZC NZC NZC NZC NZC NZC NZC occupation when conducted in an existing single- family home and consistent with the requirements of Chapter 17.28. (Including industrial hemp product retail sales Honorable Planning Commission September 28, 2021 Page 8 Table 17.20.060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES Zones C -O C-1 C 2D C -OT M-1 M-2 I A. Retail and Service Uses 27.a. Industrial hemp product CUP CUP CUP CUP retail sales, stand-alone retail store 27.b. Industrial hemp product NZC NZC NZC NZC retail sales, accessory (sales display area limited to a maximum of 5% of the retail floor area of the establishment in which it is located C. Office and Professional Uses 2. Laboratories: research and scientific a. Industrial CUP CUP hemp research and testing laboratory D. Manufacturing, Assembly, Distribution and Warehousing Uses 9. Industrial hemp warehousing, and manufacturing and processing Honorable Planning Commission September 28, 2021 Page 9 ENVIRONMENTAL DETERMINATION Pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines, a project is not subject to CEQA "where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The proposed amendments to the MMC Zone Code Amendment are exempt from review under CEQA because it can be seen with certainty that there is no possibility that the enactment of this new land use regulation may have a significant effect on the environment and adoption of a Municipal Code Text Amendment does not create a significant effect on the environment because it would limit land uses and associated impacts by prohibiting warehousing, manufacturing, and processing of industrial hemp within the City. In addition, pursuant to Section 15308 of the CEQA Guidelines, the ordinance is considered an action by a regulatory agency for the protection of the environment, as certain uses which may have negative environmental impact are prohibited or conditionally permitted to ensure protection of the community's and environment's health and wellbeing. Therefore, the Community Development Director has determined that the proposed ordinance is exempt from environmental review, pursuant to Sections 15061(b)(3) and 15308 of the CEQA Guidelines and no further environmental documentation is required. NOTICING A notice of the public hearing was published in the Ventura County Star in a 1/8 -page ad on September 19, 2021. ATTACHMENTS Attachment 1: City Council Study Session Agenda Report dated June 17, 2020 Attachment 2: Interim Urgency Ordinance No. 486 Attachment 3: Draft Planning Commission Resolution No. PC -2021-662 CITY OF MOORPARK, CALIFORNIA City Council Meeting of June 17, 2020 ACTION The City Council provided direction and policy guidance to staff on developing zoning ordinance policies pertaining to industrial hemp uses.. BY B.Garza. Item: 9.E. E. Hold a Studv Session and Provide General Policv Guidance on Industrial Hemo Uses. Staff Recommendation: 1) Receive the report; and 2) Receive public comment; and 3) Provide feedback and policy guidance on development of zoning ordinance amendments pertaining to industrial hemp uses. (Staff: Karen Vaughn) PC Attachment 1 Item: 9.E. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Karen Vaughn, Community Development Director BY: Shanna Farley -Judkins, Principal Planner DATE: 06/17/2020 Regular Meeting SUBJECT: Hold a Study Session and Provide General Policy Guidance on Industrial Hemp Uses BACKGROUND Federal and State Regulations On January 1, 2019, the Agricultural Improvement Act of 2018 became effective nationwide. This law removed industrial hemp (hemp) from Schedule I of the Controlled Substances Act. The Act directed the U.S. Agricultural Department to develop a federal regulatory oversight program for the cultivation, production, and marketing of hemp. The law also distinguished hemp from cannabis by defining hemp as having no more than 0.3 percent Tetrahydrocannabinol (THC). THC is the primary psychoactive compound of cannabis. Previously, the State of California limited allowances to grow hemp under an agricultural pilot program, under certain conditions, as California Industrial Hemp Farming Act (SB566). Subsequently, the State of California enacted a regulatory program to allow for the commercial cultivation of hemp in California through the Industrial Hemp Act (SB153). SB 153 requires that growers of hemp for commercial purposes register with the county agricultural commissions and obtain an annual permit. City Council Urgency Ordinance and Ban on Cultivation on Hemp The City received numerous complaints concerning strong odors and quality of life impacts related to hemp cultivation just outside of City limits. In response, the City Council adopted Interim Urgency Ordinance No. 477 on December 18, 2019, which imposed a temporary, 45 -day moratorium on the cultivation, manufacturing, testing, and storing of hemp, and related activities such as drying and processing hemp in all areas of the City. The interim ordinance also prohibited the explicit sale of cannabidiol (CBD) if the sale of those products requires approval by the United States Food and Drug Administration (FDA), and the products do not have such approval. im Honorable City Council 06/17/2020 Regular Meeting Page 2 On January 15, 2020, Interim Urgency Ordinance No. 477 was superseded by Interim Urgency Ordinance No. 479, which extended the term of the moratorium by 10 months and 15 days, to December 16, 2020. The extension of the Interim Urgency Ordinance was necessary to provide city staff with additional time to research and prepare a recommendation regarding how these uses are addressed. On January 15, 2020, City Council also adopted Resolution No. 2020-3870 to initiate the zoning code amendments and direct the Planning Commission to hold a public hearing. Hemp operations involve emerging technologies and require significant research; therefore, staff took a multi -prong approach to the zoning amendments. Staff separated hemp cultivation from other hemp uses and moved forward with a zoning ordinance amendment to ban cultivation citywide. On February 25, 2020, the Planning Commission held a public hearing to consider the prohibition of hemp cultivation within city limits. No public comments were received. The Planning Commission voted 5-0 to adopt Resolution No. 2020-648, recommending that the City Council prohibit the cultivation of hemp citywide. The City Council Consideration of the cultivation ban was delayed due to the COVID-19 pandemic but is tentatively scheduled for the City Council in July 2020. While the hemp cultivation ban moves forward, the purpose of this study session is to evaluate all other hemp uses and provide policy direction to staff for the preparation of a draft zoning ordinance amendment. ANALYSIS Hemp is made into a wide range of products, including paper, textiles, clothing, biodegradable plastics, paint, insulation, biofuel, and food products for both human and animal consumption. The California Department of Food and Agriculture (CDFA) has established an Industrial Hemp Advisory Board that assists in the development and administration of the regulations and laboratory testing requirements for hemp crops. At this time, local agencies retain a significant degree of discretion to regulate the land uses and performance standards for hemp -related uses. Understanding the need to protect the community from potential negative impacts, opportunities may exist to allow certain low -impact hemp uses within the City. These uses may offer an economic boost by filling vacant commercial units, increasing employment opportunities and increasing sales tax revenues. At this time, financial data related to hemp uses is difficult to assess as the use has only recently begun throughout the state. 19 Honorable City Council 06/17/2020 Regular Meeting Page 3 In the sections below, staff provides context, research, and recommendations for distinct hemp -related uses that could be allowed in the City. Staff is seeking City Council guidance on the following uses for the preparation of zoning text amendments. Warehousing Uses Hemp warehousing includes the storage of unprocessed hemp plant material (raw hemp) after harvest and the storage of finished hemp based products. Generally, warehousing of raw hemp requires a climate -controlled environment where trucks haul bailed or bagged plant material into a building for temporary storage before shipment elsewhere for processing. This type of warehousing often occurs as an incidental use in association with a larger manufacturing or processing use, but may also occur as a standalone primary use. Whereas, warehousing of finished hemp based products likely occurs only alongside manufacturing or as part of a larger and more general product distribution/fulfillment center and is not expect to occur as a primary use. The City permits warehousing in the Industrial Park (M-1) and Limited Industrial (M-2) Zones and as an accessory use to retail sales in the Commercial Planned Development (CPD) and General Commercial (C-2) Zones. Currently, warehouse uses exist within the City as both primary and accessory uses. Warehousing of hemp is similar to other general warehousing uses in that it would require buildings with open floor area, truck loading docks, and small office areas. Unprocessed hemp storage requires climate controls to preserve the plant materials similar to a produce or food warehouse. Warehousing of finished hemp products would likely occur alongside a manufacturing, distribution, or retail use. Various retail stores in Moorpark carry hemp -based products and maintain small stocks awaiting sale. Staff expects that hemp warehousing could create new jobs in the City. Based on the "May 2019 National Occupational Employment and Wage Estimates United States,"' wages for warehousing personnel, however, were significantly lower than more skilled manufacturing or technical jobs. In addition, warehouses tend to require minimal staff; therefore, new jobs growth associated with this use would be limited. It is likely that warehousing of raw hemp could generate community impacts associated with odor, similar to cultivation odors. Potential odors may be reduced using techniques including refrigeration, air filtration, building insulation and adequate setbacks from sensitive uses. Warehousing of finished hemp products is not expected to create odor impacts. Warehousing of raw hemp and finished hemp products would likely increase truck traffic through the City for the transport of materials. Accessory warehousing of either raw hemp or finished hemp products within a facility manufacturing or conducting retail sales would share traffic impacts with the primary use and would therefore have fewer traffic impacts than a warehouse that requires additional trips to a future site for processing or sale. 1 U.S. Bureau of Labor Statistics, Occupational Employment Statistics, Last modified March 31, 2020, https://www.bis.gov/oes/current/oes nat.htm 911 Honorable City Council 06/17/2020 Regular Meeting Page 4 ➢ Staff Recommendation: Based on the low jobs growth potential paired with odor and truck traffic impacts, staff recommends that the warehousing of raw hemp and finished hemp products be prohibited as a primary use. Staff recommends that the warehousing of raw hemp and finished hemp products be permitted only when accessory to a permissible manufacturing or retail use. Outdoor storage of raw hemp would not be permitted in any zone. Manufacturing and Processing Uses Harvested raw hemp is made into a variety of products that are used in industrial and commercial applications. These uses are grouped into three primary categories: 1) Paper, textiles, and construction materials, 2) Oil extraction, and 3) Food, nutritional supplements, and personal care products. Code Section 17.20.060(D) (4) identifies a variety of manufacturing and assembly uses that are permitted in the M-1 and M-2 Zones. Each section below includes a breakdown of permissible uses most similar to each category. Paper, Textiles, and Construction Materials Hemp plants can provide strong, sustainably produced fiber products including paper, textiles, and construction materials. Manufacturing facilities that process these types of materials generally require delivery bays, warehousing areas, machinery used to separate plant materials, and machinery or chemical processes to produce the final products. Due to the variety of products, which are prepared from hemp, specific uses may vary in size and intensity and therefore warrant further study. Code Section 17.20.060 permits manufacturing and assembly uses including the production of cabinets, clothing, furniture, leather products, paper, plastic products, textiles and others uses. Manufacturing hemp paper, textiles, and construction materials is similar to these permitted uses. Production of hemp -based materials would require similar structures as other manufacturing uses, requiring large buildings with open floor area, truck loading docks, mechanical equipment, and storage areas. The City of Moorpark currently has manufacturing businesses that produce products containing, glass, textiles, plastics, metals and wood. Although the manufacturing process and products are similar to the uses above, specific impacts related to hemp -based materials should be studied further. The manufacturing of hemp -based materials could create new jobs. However, similar to warehousing jobs, these manufacturing jobs are expected to be lesser skilled and lower paying versus other more technical or skilled manufacturing jobs such as metalworkers or chemical operators. In general, all facilities utilizing raw hemp and producing these types of materials have a high potential to create odor, dust and noise impacts. Potential odors are reduced by refrigeration, air filtration, building insulation, and adequate setbacks from sensitive uses. Depending on the specific product, chemical and mechanical processes could generate health, safety, and noise impacts. Manufacturing uses could also create truck traffic along the SR 118 and SR 23 corridors, as trucks would be utilized to deliver the 21 Honorable City Council 06/17/2020 Regular Meeting Page 5 raw hemp and distribute the finished product. Due to the complexity and range of production methods, additional study may be necessary. ➢ Staff Recommendation: Based on the high potential for odor, dust, noise and truck traffic impacts, staff recommends that hemp manufacturing and processing of paper, textiles, and construction materials be prohibited. Oil Extraction Hemp oil extraction is a process of obtaining essential oils from raw hemp plant materials. Based on data from the County Agricultural Commissioner, the bulk of hemp cultivated in Ventura County in 2019 was grown to satisfy a demand for hemp oil products, including CBD oil. Hemp oil is added to food and personal care products. Hemp oil facilities are scalable and utilize a variety of methods to extract oil. Extraction techniques include alcohol, hydrocarbons, pressurized gas, and oil methods. Extraction processes that utilize volatile hydrocarbons as a solvent may create a safety risk, but emerging technologies that utilize pressurized carbon dioxide (CO2) or other less hazardous agents may serve to minimize this risk. Other production methods include ethanol and oil extraction, which are safer for human consumption but less efficient. As noted above, manufacturing and assembly uses are permitted within the M-1 and M-2 Zones. These permitted uses include the production of cleaners, cosmetics, detergents, perfumes, pharmaceuticals, photographic and optical goods, plastic products, soap, and other products that may use volatile chemicals or similar mechanical methods as oil extraction. Hemp oil extraction could create new jobs within the City. Jobs related to hemp oil production may include production, skilled technical and administrative staff. CBD oil is a valuable product, currently ranging in price from $30-$250 per ounce. Because of the high value and the more technical production methods, jobs require higher skilled staff and therefore higher paying. Hemp oil extraction could generate community impacts associated with odor and traffic. Staff expects that hemp oil extraction using unprocessed hemp plant materials would have increased odor impacts. Potential odors may be reduced by refrigeration, air filtration, building insulation and adequate setbacks from sensitive uses. In addition, hemp oil extraction would likely increase truck traffic along the SR 118 and SR 23 corridors. Semi -trucks, including both incoming and outgoing traffic trips, would transport shipments of hemp. As with the manufacturing of hemp paper, textiles, and construction materials, staff believes that oil extraction uses could create or exacerbate issues related to odors, increased truck traffic, and compatibility with existing sensitive uses. ➢ Staff Recommendation: Based on the high potential for odor, safety, and truck traffic impacts, staff recommends that hemp oil extraction be prohibited as a use. 22 Honorable City Council 06/17/2020 Regular Meeting Page 6 Food, Nutritional Supplements, and Personal Care Products Finished hemp products are frequently used as ingredients in food, nutritional supplements, and personal care products for human and animal consumption. Examples of these products include cereal, joint health supplements, and personal care products such as lotions and shampoos. This use would not involve the primary manufacturing or processing of raw industrial hemp, but instead the addition of hemp - based ingredients into another product. Code Section 17.20.060 permits manufacturing and assembly uses including cleaners, cosmetics, detergents, perfumes, pharmaceuticals, soap, and other uses. The City of Moorpark is home to several businesses that produce food, nutritional supplements, or personal care products. Staff has not identified any nuisance concerns with these existing uses that operate in the industrial zones. The permitting of the integration of hemp -based ingredients in the manufacturing of food, nutritional supplements, and personal care products may provide opportunities for new business as well as potential new ventures for businesses already operating within the City. Food, nutritional supplements, and personal care products that capitalize on natural ingredients are an ever-expanding market share. Jobs related to this use would likely be lower to mid-range paying, based on skill. Use of hemp -based ingredients added to products like food, nutritional supplements, and personal care products is not expected to generate new impacts beyond those associated with existing uses permitted in industrial zones. r Staff Recommendation: Based on the potential for expanded business opportunities with minimal community impacts, staff recommends that the use of hemp in the production of food, nutritional supplements, and personal care products be allowed as a manufacturing use within industrial zones. Outdoor storage of raw hemp would not be permitted in any zone. Laboratory, Testing and Research Uses As required by state law, hemp is tested during the cultivation process to verify that THC levels do not exceed the legally mandated limit of 0.3%. Testing also monitors for the presence of pesticides and other contaminants. Laboratory, testing, and research uses would include chemistry laboratories where testing or research may be conducted in association with hemp. Code Section 17.20.060 allows research and scientific laboratory uses in the Commercial Office (C -O), M-1 and M-2 Zones. Research and testing facilities associated with hemp would be similar to other chemistry and R&D laboratory uses currently in operation in Moorpark and surrounding communities. The testing of hemp is usually one component of a wide range of tests that a laboratory performs. State Assembly Bill 228 (AB 228) is currently pending and would address food, beverage, and cosmetics that include hemp as ingredients. If passed, AB 228 would 23 Honorable City Council 06/17/2020 Regular Meeting Page 7 amend state law to require third party testing of hemp and derived products. AB 228 would also establish new labelling standards for those products that identify hemp ingredients. This may in -turn lead to an increased call for testing and laboratory uses throughout the State. At present, staff is aware of only one state -licensed testing lab in Ventura County, located in the City of Santa Paula. Laboratories that perform hemp research and testing may provide new high -paying technical jobs, reduce building vacancies, and allow expansion of existing business services. Employment opportunities created by such uses could include a broad cross section of the workforce including skilled clinical laboratory positions as well as managerial, clerical, and operational jobs. Laboratory, testing, and research uses are unlikely to present adverse community impacts. Such uses may be ancillary to existing laboratory uses or may be stand-alone establishments that may lend themselves to fill vacancies in the C -O zone. ➢ Staff Recommendation: Based on the opportunity for expanded high -paying technical jobs with minimal community impacts, staff recommends that laboratory, testing, and research uses of hemp be allowed in certain industrial and commercial with no outside storage of raw hemp being permissible. Retail Sale Uses Retail sale of hemp -based products includes the sale of various finished goods that include hemp as an ingredient. Staff has identified three types of commercial retail sales, which occur in the marketplace. These include accessory, stand-alone and home-based sales, each of which are described below. Accessory Sales at Existing Retailers Hemp -based products are sold in retail department stores where their sale occurs alongside the sale of other goods. Such stores include grocers, pharmacies, salons, pet stores, health stores, and other retailers that sell a range of goods. For the purposes of this report, accessory sales are discussed separately from stand-alone retail stores. Ordinance No. 479 created a moratorium on hemp activity in the City of Moorpark but allowed for the retail sale of hemp products that are FDA approved and where those sales account for 5% or less of the business' floor area. Generally, FDA approval is required for food ingredients, health claims, or are labeled as a nutritional supplement2. Review, approval, and licensing of these products fall exclusively within the scope of authority of the FDA. Research and field investigations conducted by staff determined that multiple retail businesses in Moorpark currently sell products with ingredients derived from hemp. In all cases, businesses offering hemp -derived products were well Z U.S. Food and Drug Administration, What You Need to Know (And What We're Working to Find Out) About Products Containing Cannabis or Cannabis -derived Compounds, Including CBD, 2020, https://www.fda.gov/consumers/consumer-updates/what-you-need-know-a nd-what-were-working-find-out- about-products-containing-cannabis-or-cannabis 24 Honorable City Council 06/17/2020 Regular Meeting Page 8 within the 5% limit placed on floor area. Products offered included snacks, personal care items, pet care items, and pet nutritional products. Retailers include big box stores, pet stores, grocery stores, and pharmacies. Accessory retail sale of hemp products is commonplace and an expanding market. Customer demand has brought these products into general retail establishments. Accessory retail sales provide local retailers and service providers with the opportunity to sell or use products that have high customer demand and provide additional sales tax revenue. Sales of these products on a limited, accessory basis by existing retailers has not generated any impacts to police or code enforcement resources. To date, no negative community impacts have been reported. ➢ Staff Recommendation: Based on the opportunity to expand sales tax revenue with minimal community impacts, staff recommends that sale of products derived from or containing hemp be allowed as an accessory use to an otherwise permissible retail use throughout the City. Stand -Alone Retail Stores Hemp based products are also sold in stand-alone hemp retail stores that specialize in hemp. Most stand-alone hemp retailers sell CBD oil and a range of personal care products, although food or clothing may also be available. Stand-alone retailers are those that primarily sell one type of product. The type of product or service they provide or sell (i.e. liquor, tobacco, building products, hay and feed stores, etc.) often defines such uses. The Code regulates certain stand-alone commercial uses, limiting where and how they operate. Several stand-alone hemp retailers exist throughout Ventura County. Stand-alone retail sales could create new jobs and help fill vacant commercial tenant spaces. Stand-alone retail stores are expected to generate lower paying jobs, which would include customer service and operational staff. Most stand-alone retail stores sell CBD based products that have a high retail value and could provide additional sales tax revenue. The introduction of new commercial use types may increase demand for space and provide relief to properties that might otherwise remain vacant. Concerns associated with stand-alone hemp retail sales and community compatibility may be addressed similar to other stand-alone uses like liquor or tobacco stores. As such, stand-alone hemp retail stores could be restricted to particular zones or require an administrative or discretionary permit with conditions to mitigate potential incompatibility. ➢ Staff Recommendation: Based on the opportunity to reduce commercial real estate vacancy and the potential to increase sales tax revenue with minimal community impacts, staff recommends that stand-alone hemp retail sales be allowed as a primary use in certain commercial zones. 25 Honorable City Council 06/17/2020 Regular Meeting Page 9 Home Businesses Home businesses are those business operated as a "Home Occupation" pursuant to Code Section 17.28.020(B). A hemp home business is one that sells hemp -derived products as a primary or accessory use. Such products may include oils, personal care products, foods, clothing, etc. The hemp home-based business may sell products that are manufactured offsite and either sold through the mail, online store or as part of customer services. Due to the small scale of such businesses, staff does not anticipate a major economic impact associated with home based businesses, but acknowledges that allowing these uses may create value for residents who are trying to start their own businesses or expanding products or services they offer. Home Occupations are subject to stringent operating requirements intended to minimize impacts to adjacent residents and maintain the character of residential neighborhoods. Staff believes that the Code sufficiently addresses potential impacts related to a hemp home business. ➢ Staff Recommendation: Based on the opportunity to allow expanded entrepreneurial opportunities and sales tax revenue with minimal community impacts, staff recommends that Home Occupations involving the accessory sale of hemp -based products, sales through mail or online or as part of services provided, be permitted. ENVIRONMENTAL DETERMINATION This study session is intended to provide policy guidance to help develop future regulations. As such, it would not result in any physical change to the environment and would not be considered a "Project" as defined by California Environmental Quality Act ("CEQA") Guidelines. Any resulting regulatory changes to modify the City Code will be reviewed pursuant to CEQA to determine if potential environmental impacts are expected. Such CEQA analysis will be prepared alongside future regulations. NOTICING Because this is a study session where no formal action will be taken, no public noticing is required. However, based on previous community input regarding hemp, a public meeting notice was published in the Ventura County Star paper on June 11, 2020. FISCAL IMPACT Aside from staff time preparing the analysis and amendments to the zoning code, no fiscal impacts are proposed with this request for policy guidance. 26 Honorable City Council 06/17/2020 Regular Meeting Page 10 COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION Receive the report; and 2. Receive public comment; and 3. Provide feedback and policy guidance on development of zoning ordinance amendments pertaining to industrial hemp uses. Attachment 1: Summary Table of the Staff Recommendations 27 Summary Table Study Session: Industrial Hemp Uses / Staff Recommendations Use Analysis Staff Recommendation Warehousing Raw Hemp Based on the low jobs growth potential paired with odor and truck traffic impacts, staff Prohibit and Finished Hemp recommends that the warehousing of raw hemp and finished hemp products be Products: Primary prohibited as a primary use. Warehousing: Accessory Based on limited impacts associated with related manufacturing or retail uses, staff Allow to manufacturing or retail recommends that the warehousing of raw hemp and finished hemp based products be permitted when accessory to a permissible manufacturing or retail use. Outdoor storage of raw hemp would not be permitted in any zone. Manufacturing: Based on the high potential for odor, dust, noise and truck traffic impacts, staff Prohibit Paper/Textile/Construction recommends that hemp manufacturing and processing of paper, textiles, and Materials construction materials be prohibited. Manufacturing: Oil Based on the high potential for odor, safety, and truck traffic impacts, staff Prohibit Extraction recommends that hemp oil extraction be prohibited as a use. Manufacturing: Based on the potential for expanded business opportunities with minimal community Allow Food/Supplement/Personal impacts, staff recommends that the use of hemp in the production of food, nutritional Care supplements, and personal care products be allowed as a manufacturing use within industrial zones. Outdoor storage of raw hemp would not be permitted in any zone. Laboratory, Testing, and Based on the opportunity for expanded high -paying technical jobs with minimal Allow Research community impacts, staff recommends that laboratory, testing, and research uses of hemp be allowed in certain industrial and commercial with no outside storage of raw hemp being permissible. Retail Sales: Accessory Based on the opportunity to expand sales tax revenue with minimal community Allow Use impacts, staff recommends that sale of products derived from or containing hemp be allowed as an accessory use to an otherwise permissible retail use throughout the city. Retail Sales: Primary Based on the opportunity to reduce commercial real estate vacancy and the potential Allow to increase sales tax revenue with minimal community impacts, staff recommends that stand-alone hemp retail sales be allowed as a primary use in certain commercial zones. Retail Sales: Home Based on the opportunity to allow expanded entrepreneurial opportunities and sales Allow Occupation tax revenue with minimal community impacts, staff recommends that Home Occupations involving the accessory sale of hemp -based products, sales through mail or online or as part of services provided, be permitted. a3 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 PC Attachment 2 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 Sheriffs 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 Sheriffs 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, 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 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 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. 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. 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. ATTEST: k-�PftR� Ky Spa er, City erk a 'ce S. Parvin, Mayor Ordinance No. 486 Page 7 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK 1 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. Ky Sp ler City Clerk (seal) RESOLUTION NO. PC -2021-662 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONING ORDINANCE AMENDMENT NO. 2021-01 AMENDING CHAPTERS 17.08 (DEFINITIONS) AND 7.20 (USES BY ZONE) OF TITLE 17 (ZONING) OF THE MOORPARK MUNICIPAL CODE TO DEFINE CERTAIN USES INVOLVING INDUSTRIAL HEMP AND RELATED PRODUCTS, AND TO IDENTIFY THE ZONES IN WHICH THESE USES WOULD BE PROHIBITED, PERMITTED, AND CONDITIONALLY PERMITTED, AND MAKING A DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IN CONNECTION THEREWITH. 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 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 moratorium and Interim Urgency Ordinance No. 479 which extended the moratorium; and WHEREAS, on December 2, 2020, the City Council adopted Interim Urgency Ordinance No. 486 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; and WHEREAS, at duly noticed public hearing on October 28, 2021, the Planning Commission considered Zoning Ordinance Amendment No. 2021-01, 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 Sections 15061(b)(3) and 15308 of the California Environmental Quality Act (CEQA) Guidelines. Pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines, a project is not subject to CEQA "where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The proposed amendments to the MMC Zone Code Amendment are exempt from review under CEQA PC Attachment 3 Resolution No. PC -2021-662 Page 2 because it can be seen with certainty that there is no possibility that the enactment of this new land use regulation may have a significant effect on the environment and adoption of a Municipal Code Text Amendment does not create a significant effect on the environment because it would limit land uses and associated impacts by prohibiting warehousing, manufacturing, and processing of industrial hemp within the City. In addition, pursuant to Section 15308 of the CEQA Guidelines, the ordinance is considered an action by a regulatory agency for the protection of the environment, as certain uses which may have negative environmental impact are prohibited or conditionally permitted to ensure protection of the community's and environment's health and wellbeing; and WHEREAS, the presence and handling of industrial hemp near Moorpark in 2019 has presented significant impacts to the City of Moorpark, including strong and pervasive odors that permeate into adjacent neighborhoods and structures; and WHEREAS, the ancillary retail -sale of products containing industrial hemp has shown no reported crimes or negative impacts within existing retailers in Moorpark; 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 public health, safety, and general welfare by prohibiting the warehousing, manufacturing, and processing of industrial hemp within City limits; and WHEREAS, the proposed Zoning Ordinance Amendment will further provide community and economic benefit by allowing certain industrial hemp uses, including stand-alone retail sales, accessory retail sales, home occupations, and research and testing laboratory uses within certain zone districts with the City; 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 Sections 15061(b)(3) and 15308 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. Resolution No. PC -2021-662 Page 3 SECTION 2. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends to the City Council approval of Zoning Ordinance Amendment No. 2021-01 as shown in Exhibit A, attached hereto. 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: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 28th day of September, 2021. Kipp Landis Chair Douglas Spondello, AICP Interim Community Development Director Exhibit A —Zoning Ordinance Amendment No. 2021-01 Resolution No. PC -2021-662 Page 4 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. 2021-01 AMENDMENT TO CHAPTERS 17.08 (DEFINITIONS) AND 17.20 (USES BY ZONE), OF TITLE 17 (ZONING) OF THE MOORPARK MUNICIPAL CODE Chapter 17.08 (Definitions) of Title 17 (Zoning) shall be amended to include the following additional definitions, inserted with the existing definitions in alphabetical order: "Industrial hemp cultivation" means the planting, growing, harvesting, drying, curing, grading, or trimming of industrial hemp. "Industrial hemp manufacturing and processing" means to compound, blend, extract, infuse, process, or otherwise make or prepare an industrial hemp product. "Industrial hemp product" means any item, or good, including foods and beverages, personal care products, nutritional supplements, fabrics and textiles, paper, construction materials, and other manufactured and industrial goods, produced with and containing anv amount of industrial hemD. "Industrial hemp product retail sales" means any person or business selling or offering to sell, or to otherwise convey or exchange for any form of consideration, industrial hemp product. Where the sale of such products is customary, incidental, and subordinate to the principal use of the use, the use will be considered accessory. "Industrial hemp research and testing laboratory" means a laboratory, facility, research institution, and/or entity that offers or performs testing or research involving industrial hemp or industrial hemp products. "Industrial hemp warehousing" means the storage of industrial hemp. Tables 17.20.050, Sections A and D and 17.20.060, Sections A, C, and D 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 Resolution No. PC -2021-662 Page 5 ZC = Permitted by Zoning Clearance RPD 20U - Zones O -S A-E R -A R -E R -O 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. ft. AP ZC AP - 20,001-100,000 sq. CUP AP ft. - >100,000 sq. ft. CUP 2. Animal hospitals, CUP CUP CUP for large animals 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. ft. AP AP AP AP - > 20,000 sq. ft. CUP I CUP 6. Kennels and CUP CUP CUP CUP catteries (domestic) see Chapter 17.28 Resolution No. PC -2021-662 Page 6 RPD 20U - Zones O -S A-E R -A R -E R -O R-1 R-2 RPD N -D TPD 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 sanctuaries CUP CUP 9. Commercial cannabis activity except as provided in Table 17.20.050(D)(16) and (17) 10. Cultivation of industrial hemp 11. Industrial hemp warehousing, and manufacturing and processing D. Accessory and Miscellaneous Uses 1. Animal keeping as an accessory use when the primary use is residential in accordance with the requirements of Chapter 17.28 a. Apiculture ZC ZC AP (*minimum lot size: five [5] acres) b. Aviaries (*minimum AP AP AP AP lot size: five [5] acres) c. Farm animals NZC NZC NZC NZC NZC NZC including horses and Resolution No. PC -2021-662 Page 7 RPD 20U - Zones O -S A-E R -A R -E R -O R-1 R-2 RPD N -D TPD ponies subject to the requirements of Chapter 17.28 d. Pet animals are NZC NZC NZC NZC NZC NZC NZC NZC NZC allowed in all zones subject to the requirements of Chapter 17.28 e. Wild animals AP AP AP subject to the requirements of Chapter 6.24 2. Accessory structures a. Balcony, deck, ZC ZC ZC ZC ZC ZC ZC ZC patio covers, room additions, or storage sheds b. Fences and walls NZC NZC NZC NZC NZC NZC NZC NZC NZC less than six (6) feet and retaining walls less than three (3) feet in height, paving and decks when constructed lower than thirty (30) inches above the immediate surrounding natural grade c. Fences and walls ZC ZC ZC ZC ZC ZC ZC ZC ZC greater than six (6) feet and retaining walls greater than three (3) feet in height, paving and decks when constructed higher than thirty (30) inches above the immediate surrounding natural grade Resolution No. PC -2021-662 Page 8 RPD 20U - Zones O -S A-E R -A R -E R -O R-1 R-2 RPD N -D TPD d. Swimming, wading, ZC ZC ZC ZC ZC ZC ZC ZC ZC ornamental pools, or spas where a building permit is required e. Swimming, wading, NZC NZC NZC NZC NZC NZC NZC NZC NZC ornamental pools, or spas where a building permit is not required 3. Antenna or flag pole, ground mounted, non- commercial a. <35 feet high AP AP AP AP AP AP AP AP AP b. >35 feet high CUP CUP CUP CUP CUP CUP CUP CUP CUP 4. Dwelling, caretaker AP AP AP AP AP AP AP AP AP 5. Dwellings, farm ZC ZC ZC ZC labor in accordance with the requirements of Chapter 17.28 6. Home occupation NZC NZC NZC NZC NZC NZC NZC NZC NZC when conducted in an existing single-family home and consistent with the requirements of Chapter 17.28 (Including industrial hemp product retail sales 7. Maintenance and ZC ZC ZC ZC ZC ZC ZC ZC ZC minor repair to buildings involving structural alterations 8. Temporary motion TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP picture, television, or still photography production (and related activities and structures) in accordance with Section 17.28.120 Resolution No. PC -2021-662 Page 9 RPD 20U - Zones O -S A-E R -A R -E R -O R-1 R-2 RPD N -D TPD 9. Mobilehomes or TUP TUP TUP TUP TUP TUP TUP TUP TUP recreation vehicle as temporary dwelling on the site of an active building permit during construction 10. Produce stands in ZC ZC ZC ZC compliance with the requirements of Chapter 17.28 11. Recreational CUP CUP CUP CUP CUP CUP CUP facilities, non-profit or for profit, including, but not limited to, athletic fields, bicycle and skate parks, community centers, golf courses, gymnasiums, retreats, riding stables. Bicycle and skate parks shall be in compliance with Chapter 17.28 (Public park and recreation facilities are permitted in all zones and do not require a CUP or a ZC) 12. Storage of ZC ZC ZC ZC ZC ZC ZC ZC ZC building materials in accordance with the requirements of Chapter 17.28 13. Storage, open, NZC NZC NZC NZC NZC NZC NZC NZC NZC consistent with Chapter 17.28 14. Soil testing for NZC NZC NZC NZC NZC NZC NZC NZC NZC wells, foundations, septic systems and similar construction Resolution No. PC -2021-662 Page 10 Zones O -S A-E R -A R -E R -O R-1 R-2 RPD RPD 20U - N -D TPD 15. Temporary uses TUP TUP TUP TUP TUP TUP TUP TUP TUP 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 16. Delivery of adult use or medicinal cannabis, including, but not limited to, deliveries from mobile dispensaries, except for deliveries of medicinal cannabis from a patient's primary caregiver to a qualified patient, as those terms are defined in state law, and transporting cannabis through the jurisdictional limits of the city for delivery to a person located outside the city, where such transport does not involve delivery within the jurisdictional limits of the city Resolution No. PC -2021-662 Page 11 Zones O -S A-E R -A R -E R -O R-1 R-2 RPD RPD 20U - N -D TPD 17. Indoor personal NZC NZC NZC NZC NZC NZC NZC NZC NZC NZC cultivation of cannabis I of up to 6 plants per C-2 A. Retail and Service Uses private residence 1. Adult businesses when in compliance with when consistent ZC ZC Sections 17.24.040(N), 17.78.050 and Chapter 5.18 with Health and Safety 2. Alcoholic beverage sales for off-site consumption Code Section 11362.2 when in conjunction with another city -approved retail or (Outdoor personal liquor store cultivation of cannabis a. Beer and/or wine (*if within one hundred [100] feet of is prohibited) a residentially zoned property a conditional use permit is CUP AP* AP* AP* AP* required) 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 CPD Zones C -O C-1 OT M-1 M-2 I C-2 A. Retail and Service Uses 1. Adult businesses when in compliance with ZC ZC Sections 17.24.040(N), 17.78.050 and Chapter 5.18 2. Alcoholic beverage sales for off-site consumption when in conjunction with another city -approved retail or service use other than automobile service station or liquor store a. Beer and/or wine (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is CUP AP* AP* AP* AP* required) b. Beer, wine and other alcoholic beverages CUP CUP CUP CUP CUP 3. Automobile/light truck/motorcycle a. Brakes, oil changes, tires and shock sales and installation, tune-ups and other light service and repair (with or without hydraulic lifts) (*if within one hundred CUP AP* AP* AP* [100] feet of a residentially zoned property a conditional use permit is required) Resolution No. PC -2021-662 Page 12 CPD Zones C -O C-1 M-1 M-2 I OCT C-2 b. Car washes, self-service or automatic with or without CUP CUP automotive services stations c. Engine rebuilding, transmission repair, steam cleaning, auto body, painting CUP CUP d. Parts and supplies ZC ZC ZC ZC e. Rental AP AP AP f. Sales, with or without service and parts CUP CUP CUP g. Service stations with or without mini -marts and with or CUP CUP without beer and wine sales for off-site consumption 4. Body piercing and/or tattoo CUP 5. Building supplies (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is AP* CUP CUP required) 6. Hay and feed sales CUP CUP 7. Hotels, motels and bed and breakfast inns when in CUP CUP CUP CUP compliance with Chapter 5.44 8. Kennels and catteries CUP CUP 9. Liquor stores (when located no closer than one thousand [1,000] feet of any other liquor store or public CUP CUP CUP or private school) 10. Commercial cannabis activity 11. Nurseries (retail) with or without container grown plants when all equipment and supplies kept in an AP enclosed area 12. Nurseries (wholesale and/or retail) with or without container grown plants when all equipment and supplies AP kept in an enclosed area 13. Pawnshops when in compliance with Chapter 5.32 AP 14. Pest control services (*if within 100 feet of a residentially zoned property a conditional use permit is AP* AP* required) 15. Private post offices, parcel services, copy centers ZC ZC ZC ZC 16. Psychics, fortunetelling, and spiritual advisors when in compliance with Title 5 of the Moorpark Municipal CUP CUP AP* Code (*if within 100 feet of a residentially zoned property a conditional use permit is required) 17. Recreational vehicle storage yards when not located on parcels adjacent to arterial roads or freeways as CUP shown on the Moorpark Circulation Element Highway Network Map and with or without a caretaker dwelling 18. Recycling centers ICUPICUP CUP Resolution No. PC -2021-662 Page 13 CPD Zones C -O C-1 M-1 M-2 I C-2 OCT 19. Recycling drop-off bins when located in an area determined by the community development director not ZC ZC ZC ZC ZC ZC to be in conflict with parking, vehicle or pedestrian circulation 20. Rental and leasing of large equipment with or without outdoor storage and repair (*if within one hundred [100] feet of a residentially zoned property a AP* AP* conditional use permit is required) 21. Retail shops and personal service establishments, except as otherwise indicated in this table, including, but not limited to, antiques, art and craft dealers and supplies, bakeries, barbers, beauty salons, bicycle sales/service, books and stationery, camera/photo stores including on-site processing, carpet and flooring sales/ cleaning/installation, clothing and fabric stores, computer sales and service, department and variety stores, dry cleaners, electronic equipment sales and service, florists, food markets, gift and novelty stores, hardware and tool stores, home and office furniture and equipment sales, home appliance sales and service, ZC ZC ZC housewares sales, jewelry stores, key and locksmiths, music stores (including recorded music and musical instrument sales, service, and lessons), newsstands, paint stores, party supply sales and rental, pet grooming, pet sales and supplies, pharmacies, photography studios, pool and spa sales and supplies, shoe stores, sporting goods and equestrian supplies, small equipment rental (no outdoor storage), toy and hobby stores, video/DVD/CD sales and rental, wireless sales/service, and uses which the community development director determines to be similar when in compliance with Section 17.20.030 22. Retail sales combined with limited distribution and/or warehousing not exceeding 40% of gross floor area of the building in which it is located (*if within 100 feet of a AP* residentially zoned property a conditional use permit is required) 23. Retail sales in the M-1 and M-2 zone limited to a maximum of 20% of the gross floor area of the building in which it is located. In an industrial complex the 20% AP AP shall be computed on the basis of the cumulative total floor area of the industrial planned development (IPD) Resolution No. PC -2021-662 Page 14 CPD Zones C -O C-1 OCT M-1 M-2 I C-2 24. Retail sales (temporary) in the M-1 and M-2 zones. Issuance of a temporary use permit shall take the place TUP TUP of a zoning clearance 25. Thrift stores, secondhand shops, consignment AP AP stores when in compliance with Chapter 5.32 26. Tobacco sales a. Retail smoking products stores, as defined in CUP Chapter 8.32 b. Sale of tobacco products and electronic cigarette (vaping) products from retail establishments other than AP AP AP AP retail smoking products stores c. Smoking and vaping lounges where tobacco and vaping products are sold for on-site consumption (e.g., cigar lounges, hookah lounges, vaping lounges) other than retail smoking products stores 27.a. Industrial hemp product retail sales stand-alone CUP CUP CUP CUP retail store 27.b. Industrial hemp product retail sales accessory NZC NZC NZC NZC sales display area limited to a maximum of 5% of the retail floor area of the establishment in which it is located C. Office and Professional Uses 1. Financial services a. Banks and other financial institutions, except those ZC ZC ZC ZC ZC set forth below b. Check cashing, payday loan, and vehicle title loan AP establishments (Only permitted in CPD Zone) c. Automated/automatic teller machines (ATMs) ZC ZC ZC ZC AP 2. Laboratories: research and scientific AP AP AP a Industrial hemp research and testinq laboratory CUP CUP 3. Professional and administrative offices, including, but not limited to: accounting, advertising agencies, chiropractic, collection services; dental, direct mail marketing companies, employment agencies, engineering services, insurance, investment; medical, ZC ZC ZC ZC ZC ZC optical and related health services; planning services, real estate services; secretarial services, travel agencies, and uses which the community development director determines to be similar when in compliance with Section 17.20.030 4. Veterinary offices and animal hospitals Resolution No. PC -2021-662 Page 15 CPD Zones C -O C-1 OCT M-1 M-2 I C-2 a. Without boarding (keeping of animals indoors and on- site for medical purposes shall not be considered AP AP AP AP AP AP boarding) b. With boarding indoors or outdoors CUP CUP CUP 5. Massage establishments when in compliance with Chapter 5.48 of the Moorpark Municipal Code a. Massage establishments with 4 or more massage stations, or where 20% or more of the floor area is CUP dedicated to massage services (Only permitted in the CPD Zone) b. Massage establishments at day spas, salons, or similar uses with 3 or fewer massage stations, provided ZC ZC ZC ZC that less than 20% of the floor area is dedicated to massage services D. Manufacturing, Assembly, Distribution, and Warehousing Uses 1. Cement, concrete and plaster, and product fabrication CUP 2. Distribution and transportation facilities CUP CUP 3. Heavy machinery repair, including trucks, tractors and CUP buses 4. Manufacturing and assembly including, but not limited ZC* ZC* to, appliances, cabinets, cleaners, clothing, computers, cosmetics, detergents, electronics, furniture, leather products, machinery, medical and scientific instruments, paper, perfumes, pharmaceuticals, photographic and optical goods, plastic products, signs and advertising displays, soap, textiles and other uses which the community development director determines to be similar when in compliance with Section 17.20.030 (*if within 100 feet of a residentially zoned property an administrative permit is required) 5. Outdoor storage when in conjunction with a city CUP AP* AP* approved use and when all storage is screened by an 8 - foot high masonry wall architecturally matched to the structure (*if within 100 feet of a residentially zoned property a conditional use permit is required) 6. Self -storage or mini -storage when not located on CUP CUP parcels adjacent to arterial roads or freeways as shown on the Moorpark Circulation Element Highway Network Map and with or without a caretaker dwelling 7. Warehousing AP AP 8. Welding AP AP Resolution No. PC -2021-662 Page 16 CPD Zones C -O C-1 M-1 M-2 I OCT C-2 9. Industrial hemp warehousing, and manufacturing and processing