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Home My WebLink AboutRES PC 2021 662 2021 0928RESOLUTION 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hemp; and WHEREAS, on January 15, 2020, the City Council subsequently adopted Interim Ordinance No. 479 which superseded Interim Urgency Ordinance No. 477 and imposed a 10 month and 15 -day moratorium on the cultivation, manufacturing, testing, storing, and certain retail sales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the moratorium; and WHEREAS, on December 2, 2020, the City Council adopted Interim Urgency Ordinance No. 486 that superseded the prior Interim Urgency Ordinance No. 479 and extended the temporary moratorium on the cultivation, manufacturing, testing, storing, and retail sale of hemp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 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: Commissioners Alva, Barrett, Brodsly, Rokos, and Chair Landis. NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 28th day of September, 2021. vyiL�s/ Kippandis Cha' Carlene Saxton 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 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. 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 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 C-2 A. Retail and Service Uses of up to 6 plants per 1. Adult businesses when in compliance with private residence Sections 17.24.040(N), 17.78.050 and Chapter 5.18 ZC ZC when consistent 2. Alcoholic beverage sales for off-site consumption when in conjunction with another city -approved retail or with Health and Safety service use other than automobile service station or Code Section 11362.2 liquor store (Outdoor personal a residentially zoned property a conditional use permit is CUP cultivation of cannabis AP* AP* AP* required) is prohibited) b. Beer, wine and other alcoholic beverages CUP CUP CUP CUP CUP 3. Automobile/light truck/motorcycle 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 M-1 M-2 OCT C-2 A. Retail and Service Uses 1. Adult businesses when in compliance with Sections 17.24.040(N), 17.78.050 and Chapter 5.18 ZC ZC 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 CUP CUP cleaning, auto body, painting d. Parts and supplies ZC ZC ZC ZC e. Rental I AP I 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 Code (*if within 100 feet of a residentially zoned CUP CUP AP* property a conditional use permit is required) 17. Recreational vehicle storage yards when not located on parcels adjacent to arterial roads or freeways as shown on the Moorpark Circulation Element Highway CUP Network Map and with or without a caretaker dwelling 18. Recycling centers CUP CUP CUP Resolution No. PC -2021-662 Page 13 CPD Zones C -O C-1 OCT M-1 M-2 I C-2 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 AP* AP* hundred [100] feet of a residentially zoned property a 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-0 C-1 M-1 M-2 OCT 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 stores when in compliance with Chapter 5.32 AP AP 26. Tobacco sales a. Retail smoking products stores, as defined in Chapter 8.32 CUP 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 accesso NZC NZC NZC NZC sales displav 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 set forth below ZC ZC ZC ZC ZC b. Check cashing, payday loan, and vehicle title loan establishments (Only permitted in CPD Zone) AP c. Automated/automatic teller machines (ATMs) ZC ZC ZC ZC AP 2. Laboratories: research and scientific AP AP AP a. Industrial hemp research and testing 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, optical and related health services; planning services, ZC ZC ZC ZC ZC ZC 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 M-1 M-2 I OCT 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 APAP 8. Welding AP I AP Resolution No. PC -2021-662 Page 16 CPD Zones C -O C-1 M-1 M-2 OCT C-2 9. Industrial hemp warehousing, and manufacturing and rocessin