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HomeMy WebLinkAboutAGENDA REPORT 2021 1020 CCSA REG ITEM 08BCITY OF MOORPARK, 
CALIFORNIA City Council Meeting of October 20, 2021 ACTION CONTINUED OPEN PUBLIC HEARING TO NOVEMBER 3, 2021, AT THE REQUEST OF THE COUNCIL. (ROLL CALL VOTE: UNANIMOUS). BY B. Garza. B. Consider an Ordinance Approving 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) Introduce Ordinance No. ____, approving Zoning Ordinance Amendment No. 2021-01 for first reading, waive full reading, and place this ordinance on the agenda for November 3, 2021, for purposes of providing second reading and adoption of the ordinance. (ROLL CALL VOTE REQUIRED) Item: 8.B. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Shanna Farley-Judkins, Principal Planner DATE: 10/20/2021 Regular Meeting SUBJECT: Consider an Ordinance Approving 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 BACKGROUND Federal and State Regulations In 2019, Federal and State law relaxed restrictions and regulations related to industrial hemp (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 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. Item: 8.B. 8 Honorable City Council October 20, 2021 Regular Meeting Page 2 Cultivation Prohibition Following up on complaints from residents near the Tierra Rejada Valley around hemp cultivation, on February 25, 2020, the Planning Commission held a public hearing to consider the proposed ordinance prohibiting the cultivation of hemp citywide. There was no public testimony received at this meeting. The Planning Commission voted unanimously to adopt Resolution No. PC-2020-648, recommending that the City Council adopt the proposed ordinance. On December 15, 2020, the Ventura County Board of Supervisors approved Ordinance No. 4574 outlining limits for the cultivation of hemp within unincorporated county (effective January 14, 2021). The Ordinance prohibits the cultivation of hemp in the Tierra Rejada Valley. The Ordinance also prohibits the cultivation of hemp within a 1,200-foot buffer of defined sensitive sites. On February 17, 2021, the City Council held a public hearing to consider the proposed ordinance prohibiting the cultivation of hemp citywide. There was no public testimony received at this meeting. The City Council voted unanimously to adopt Ordinance No. 487 amending Chapter 17.20 (Uses by Zone) of Title 17 (Zoning) permanently prohibiting the cultivation of hemp throughout the City. City Council Urgency Ordinance and Moratorium Prior to adoption of Ordinance No. 487 permanently banning cultivation of hemp beyond permissible amounts per Proposition 215, 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 storing of hemp, and related activities such as drying and processing hemp, in all zoning districts of the City. The Interim Ordinance also prohibited the sale of CBD containing products if the sale of those products requires approval by the United States Food and Drug Administration and the products do not have such approval. On January 15, 2020, 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 needed to provide staff with additional time to study regulatory tools and prepare a future ordinance. On January 15, 2020, the City Council also adopted Resolution No. 2020-3870, which directed the Planning Commission to hold a public hearing and provide a 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 9 Honorable City Council October 20, 2021 Regular Meeting Page 3 warehousing, manufacturing, testing and retail hemp uses. Staff presented a staff report 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. On November 18, 2020, the City Council approved the issuance of a 10-Day Report on the actions taken to improve the conditions, which led to the City Council’s adoption of Interim Urgency Ordinance No. 477 that established the current moratorium. On December 2, 2020, the City Council approved Interim Urgency Ordinance No. 486 (Attachment 1) that superseded the prior Interim Urgency Ordinance No. 479 and extended the temporary moratorium on the cultivation, manufacturing, testing, storing, and retail sale of hemp through December 16, 2021. 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 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 emergence of COVID-19 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. On September 28, 2021, the Planning Commission considered Zoning Ordinance Amendment No. 2021-01, initiating amendment to Chapters 17.08 (Definitions) and 7.20 (Uses by Zone) of Title 17 (Zoning) of the Moorpark Municipal Code (MMC) to define certain uses involving hemp and related products, and to identify the zones in which these uses would be prohibited, permitted, and conditionally permitted, recommending approval to the City Council. The Planning Commission received no public testimony. Following 10 Honorable City Council October 20, 2021 Regular Meeting Page 4 discussion and deliberation, the Planning Commission unanimously adopted Resolution No. PC-2021-662, recommending City Council adoption of Zoning Ordinance Amendment No. 2021-01. 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. Generally, hemp cultivation and processing involves hauling of raw unprocessed hemp plants, in large trucks following harvest, to be transported to storage or processing facilities. The City of Moorpark is already heavily impacted by existing truck traffic and uses that would generate new truck trips were discouraged by the City Council. Hauling of raw hemp also raised concerns associated with odor and dust, as the hemp material is often dried in the field and then the dry leafy material is transported in open trailers or in bundles by trucks like other agricultural products, which could generate dust and odors while being transported. In addition, processing facilities where raw hemp is stored often use open storage bins to hold materials, which is then shredded or pressed. Like other similar processes producing paper, fabric or building materials from cotton or other natural materials, such processes often produce dust, and chemical or processing odors. Although hemp is not illegal, early police reports noted theft related to hemp cultivation in the County. It was thought that early hemp cultivation was mistaken for cannabis cultivation. 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, 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, 11 Honorable City Council October 20, 2021 Regular Meeting Page 5 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 the Study Session 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 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: 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. 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. Stand-alone retail sales would allow the sale of processed hemp goods that contain hemp or hemp derived ingredients but would not allow the sale of unprocessed raw hemp. Staff expects the typical stand-alone retail store would primarily sell CBD oil and related CBD personal care products or foods. 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 does not exceed 5% of a business’ floor area. Currently, numerous retail stores in Moorpark sell products containing CBD oil or other hemp derived ingredients as an accessory use. Ancillary sale of hemp 12 Honorable City Council October 20, 2021 Regular Meeting Page 6 products were allowed during the moratorium, provided the accessory retail sales area did not exceed 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. Home Occupations: Like other retail uses, staff recommends permitting the retail sale of processed hemp products as part of a home occupation. Currently, at least one home- based business sells CBD oil and related products in the City. 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. As with stand-alone retail sales, staff anticipates that home occupations that would sell processed hemp products would primarily sell CBD oil or related CBD personal care products or foods. Research and Testing Laboratories: Staff recommends that research and testing laboratories for hemp be permitted with approval of a CUP only within the Commercial Office Zone (C-O) and Industrial Park Zone (M-1). 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. 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. 13 Honorable City Council October 20, 2021 Regular Meeting Page 7 "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: Table 17.20.050 PERMITTED USES IN OPEN SPACE, AGRICULTURAL, RESIDENTIAL, AND SPECIAL PURPOSE ZONES [Blank] = Not permitted AP = Administrative Permit CUP = Conditional Use Permit NZC = No Zoning Clearance required TUP = Temporary Use Permit ZC = Permitted by Zoning Clearance Zones O-S A-E R-A R-E R-O R-1 R-2 RPD RPD 20U- N-D TPD A. Agricultural Uses (minimum lot size of 5 acres required) 11.Industrial hemp warehousing, and manufacturing and processing 14 Honorable City Council October 20, 2021 Regular Meeting Page 8 Table 17.20.050 PERMITTED USES IN OPEN SPACE, AGRICULTURAL, RESIDENTIAL, AND SPECIAL PURPOSE ZONES D. Accessory and Miscellaneous Uses 6.Home occupation when conducted in an existing single- family home and consistent with the requirements of Chapter 17.28. (Including industrial hemp product retail sales) NZC NZC NZC NZC NZC NZC NZC NZC NZC Table 17.20.060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES Zones C-O C-1 CPD C-2 C-OT M-1 M-2 I A.Retail and Service Uses 27.a. Industrial hemp product retail sales, stand-alone retail store CUP CUP CUP CUP 27.b. Industrial hemp product 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) NZC NZC NZC NZC 15 Honorable City Council October 20, 2021 Regular Meeting 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 The notice of the public hearing was published in the Ventura County Star on October 10, 2021. Zones C-O C-1 CPD C-2 C-OT M-1 M-2 I C. Office and Professional Uses 2.Laboratories: research and scientific a.Industrial hemp research and testing laboratory CUP CUP D. Manufacturing, Assembly, Distribution and Warehousing Uses 9.Industrial hemp warehousing, and manufacturing and processing 16 Honorable City Council October 20, 2021 Regular Meeting Page 10 FISCAL IMPACT Aside from staff time preparing the analysis and amendments to the zoning code, there are no direct fiscal impacts associated with this request. COUNCIL GOAL COMPLIANCE This action is generally supportive of City Council Goal 3: “Place an Emphasis on Economic Development with a Focus on Historic High Street to Enhance a Designation and Sense of Community” because the proposed zone text amendment introduces new uses that may diversify the local economy. STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) 1.Open the public hearing, accept public testimony and close the public hearing; and 2.Introduce Ordinance No. ____, approving Zoning Ordinance Amendment No. 2021-01 for first reading, waive full reading, and place this ordinance on the agenda for November 3, 2021, for purposes of providing second reading and adoption of the ordinance. (ROLL CALL VOTE REQUIRED) Attachment 1: Interim Urgency Ordinance 486, Industrial Hemp Moratorium Attachment 2: Planning Commission Resolution No. PC-2021-662 Attachment 3: Draft Ordinance No. ____ 17 ORDINANCE NO. 486 AN INTERIM URGENCY ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, EXTENDING THE EXISTING MORATORIUM FOR ONE YEAR ON THE CULTIVATION, MANUFACTURING, TESTING, STORING, AND CERTAIN RETAIL SALES OF INDUSTRIAL HEMP, DECLARING THE URGENCY THEREOF AND THE IMMEDIATE EFFECTIVENESS OF THIS ORDINANCE PURSUANT TO GOVERNMENT CODE SECTIONS 65858, 36934 AND 36937, AND MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. Findings A. The City Council desires to provide for the public safety, health and welfare of the residents and visitors to the City of Moorpark ("City") by exercising its police power authority under Section 7 of Article XI of the California Constitution. Based on the findings and evidence set forth below, the City Council finds that certain uses of industrial hemp may create public safety, health and welfare impacts within the City. These activities include the cultivation, manufacturing, testing, retail sale, and storing of industrial hemp. At this time, industrial hemp uses are not specifically listed for regulation by Municipal Code Chapter 17.20 (Uses by Zone). B. The City finds that the public welfare will be harmed without studying and evaluating the impacts associated with industrial hemp, including odor, processing safety, and the generation of air pollutants, such as volatile organic compounds (VOCs). Dozens of residents have called City and County of Ventura ("County") officials complaining of the continual skunk-like odor in their neighborhoods as terpenes from a large farm of industrial hemp grown to produce CBD oil wafts into residential neighborhoods adjacent to this hemp farm. During public hearings regarding industrial hemp, the City Council heard from a substantial number of individuals regarding the harmful effects of the odor emanating from industrial hemp cultivation located adjacent to the City in unincorporated areas of the County. Aside from having to experience offensive odors, many of these residents also have complained of headaches, nausea, sore throats and other physical side effects from breathing and smelling the distinctive odor generated by industrial hemp grown to produce CBD oil. C. The City Council finds that there is a current and immediate threat to the public safety, health and welfare presented by the increased crime associated with industrial hemp activities. The Ventura County Sheriffs Department documented 10 cases of hemp theft in only 34 days in October and November 2019, and the County has arrested 10 individuals in connection with stolen hemp. During one such event a firearm was reportedly brandished where the suspects were suspected of planning to ATTACHMENT 1 18 Ordinance No. 486 Page 2 steal hemp plants. Of the 10 individuals arrested on suspicion of hemp theft, nine of them resided outside of the County. Given that industrial hemp is now grown within the County, the Sheriffs Department is concerned that criminals are travelling into the County for the purpose of stealing hemp plants and hemp paraphernalia. Theft of hemp plants is made easier by limited security measures observed by the Sheriff's Department during inspections of existing hemp farms within the County. The additional patrols and investigatory resources devoted to industrial hemp activities prevent the Sheriffs Department from undertaking other crime prevention activities in surrounding areas, and it is reasonable to surmise that hemp activities within the City would detract the Sheriff's Department from undertaking other crime prevention activities in the City. Based on this evidence, the City Council finds that the adoption of this Interim Ordinance is necessary for the immediate preservation of the public safety, health and welfare. D. The City Council further finds that certain products containing or produced with industrial hemp, primarily cannabidiols (CBD), have not yet received Federal Drug Administration (FDA) approval to determine whether they are effective to treat particular conditions or have other effects that may be claimed. In addition, such products have not been subjected to an FDA evaluation to determine proper dosages, dangerous side effects, or other safety conditions. As a result, persons purchasing such products may be exposed to misleading, unproven, or false claims associated with industrial hemp products, including CBD extracted from industrial hemp, which is a real and legitimate public health and safety concern. Furthermore, the FDA has noted that it has seen only limited data about CBD safety and the data points to real risks that should be considered before CBD is ingested. Finally, according to the FDA, the quality of many CBD products has not been fully evaluated with respect to the processing controls and practices involved in the production of CBD that may put consumers at additional health risks. For these reasons, the City Council desires to exercise its police power, including the City's land use authority, to protect the public health and safety from the risks associated from the retail sale of industrial hemp products, including CBD, that have not yet received approval from the FDA for consumption. E. Allowing industrial hemp activities, without a complete and adequate state and federal regulatory framework in place, will not adequately protect the public's safety, health and welfare. As such, if the City fails to enact this moratorium, industrial hemp activities will continue to create a current and immediate threat to the public safety, health and welfare. F. For the foregoing reasons, and based on all evidence made available to the City Council, on December 18, 2019, the City Council adopted Interim Urgency Ordinance No. 477 to establish an initial 45-day moratorium on the cultivation, manufacturing, testing, storing, and certain retail sales of industrial hemp within the City. G. During the initial 45-day moratorium, City staff undertook measures to alleviate the conditions described above that led the City Council to adopt Interim Urgency Ordinance No. 477. These measures include reviewing the County of Ventura's independent actions to mitigate impacts caused by industrial hemp cultivation, 19 Ordinance No. 486 Page 3 conferring with the Ventura County Sheriffs Department, researching actions taken by the Federal Drug Administration and other jurisdictions to regulate industrial hemp, and researching and developing permanent amendments to the Moorpark Zoning Code to codify appropriate limitations on industrial hemp activities. These measures are more fully explained in the report adopted by the City Council on January 2, 2020, pursuant to Government Code Section 65858(d). H. Prior to the expiration of the initial 45-day moratorium, City staff determined that additional time was necessary to thoroughly research and evaluate a permanent, non-urgency ordinance establishing zoning regulations and other restrictions on the cultivation, manufacturing, testing, sale, and storing of industrial hemp. Therefore, on January 15, 2020, the City Council adopted Interim Urgency Ordinance No. 479, extending the moratorium from February 1, 2020 for an additional 10 months and 15 days, through and including December 16, 2020. J.Since the passage of the first extension of the moratorium by way of Ordinance No. 479, staff has undertaken additional measures to alleviate the conditions described above that led the City Council to adopt the Interim Urgency Ordinance. These measures include presenting an Industrial Hemp Study Session agenda item to the City Council, preparing a draft ordinance to prohibit the cultivation of industrial hemp within the City, reviewing the County of Ventura's independent actions to mitigate impacts caused by industrial hemp cultivation, conferring with the Ventura County Sheriffs Department, researching actions taken by the Federal Drug Administration and other jurisdictions to regulate industrial hemp, and researching specific impacts associated with odor related to the manufacture of industrial hemp. These measures are more fully explained in the report approved for issuance by the City Council on November 18, 2020, pursuant to Government Code Section 65858(d). This report is attached to the December 2, 2020 staff report accompanying this Interim Urgency Ordinance and made a part of the record thereto. I.The City is still undertaking its review of the measures needed to alleviate the conditions that led to the adoption of Interim Urgency Ordinances No. 477 and 479. In particular, additional time is needed to address how a county-wide hemp cultivation ordinance presented to the County of Ventura Planning Commission on November 5, 2020, as well as the passage of Measure 0 on November 3, 2020, which allows commercial cannabis cultivation, processing, distribution, and sale within the County of Ventura, may impact the City's enactment of a permanent, non-urgency ordinance establishing zoning regulations and other restrictions on the cultivation, manufacturing, testing, sale, and storing of industrial hemp. Accordingly, the City Council is adopting this ordinance to extend the moratorium by an additional 12 months, unless terminated sooner by the City Council. I.Pursuant to Government Code Section 65858(a), the City Council held a duly noticed public hearing prior to adopting this Interim Ordinance. J. The City Council finds that this Interim Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) (the 20 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. 21 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. 22 Ordinance No. 486 Page 6 B. Pursuant to Government Code Section 65858(a), this Interim Ordinance shall be adopted by not less than a four-fifths vote of the City Council and shall be in effect for 12 months from December 16, 2020. SECTION 8. Severability If any provision of this Interim Ordinance, the application thereof to any person or circumstance, or the moratorium on any of the specific uses of industrial hemp is held invalid, such invalidity shall not affect other provisions, moratoria, or applications of this Interim Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this Interim Ordinance irrespective of the invalidity of any particular portion thereof. SECTION 9. Publication The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. PASSED AND ADOPTED this 2nd day of December, 2020. YaVriry a 'ce S. Parvin, Mayor ATTEST: pApK CP b Ky Spa er, Citi y I.}3 till 9q 6. 4' 23 Ordinance No. 486 Page 7 STATE OF CALIFORNIA COUNTY OF VENTURA ss. CITY OF MOORPARK I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 486 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 2nd day of December, 2020 and that the same was adopted by the following vote: AYES: Councilmembers Castro, Enegren, Groff, Pollock and Mayor Parvin NOES:None ABSENT:None ABSTAIN:None WITNESS my hand and the official seal of said City this 2nd day of December, 2020. Crem4 Ky Sp ler City Clerk seal) apAMK 6t® A c U!' 24 ATTACHMENT 2 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 ORDINANCE NO. _____ AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING 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 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 June 17, 2020, the City Council held a study session to consider and provide policy guidance regarding hemp 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, with their primary concerns identified as odor and traffic. The Council also directed that any uses that may result in offensive odors should be prohibited; 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, on September 28, 2021, the Planning Commission considered Zoning Ordinance Amendment No. 2021-01, an amendment to Chapter 17.20 (Uses by Zone) of Title 17 (Zoning) of the Moorpark Municipal Code to address 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 voted 5-0 to adopt Resolution ATTACHMENT 3 41 Ordinance No. ___ Page 2 No. PC-2021-662 recommending approval of Zoning Ordinance Amendment No. 2021- 01 to the City Council; and WHEREAS, at a duly noticed public hearing on October 20, 2021, the City Council considered Zoning Ordinance Amendment No. 2021-01, opened the public hearing and took and considered public testimony, closed the public hearing, and discussed and reached a decision on this matter; and WHEREAS, the City Council finds that the proposed Zoning Ordinance Amendment is in the public interest and reflects the input from residents, decision makers, and other community stakeholders will serve to protect the public health, safety, and general welfare by defining 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 WHEREAS, the presence and handling of industrial hemp near Moorpark in 2019 presented significant impacts to the City of Moorpark, including strong and pervasive odors that permeated 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 City Council 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; and WHEREAS, the Community Development Director has 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 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 Moorpark Municipal Code (MMC) Zone Code Amendment are exempt from review under CEQA 42 Ordinance No. ___ Page 3 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council concurs with the determination of the Community Development Director that this project is exempt from environmental review pursuant to Sections 15061(b)(3) and 15308 of the CEQA Guidelines. Pursuant to Section 15061(b)(3) of the 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. SECTION 2. The City Council hereby approves Zoning Ordinance Amendment No. 2021-01, which amends 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, as shown in Exhibit A attached herewith. SECTION 3. If any section, subsection, sentence, clause, phrase, part or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. 43 Ordinance No. ___ Page 4 SECTION 4. This ordinance shall become effective thirty (30) days after its passage and adoption. A summary of this ordinance shall, within fifteen (15) days after passage, be published in accordance with Section 36933 of the Government Code of the State of California with the names of the City Councilmembers voting for and against it. SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a written record of the passage and adoption thereof in the minutes of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. PASSED, AND ADOPTED this 3rd day of November, 2021. ________________________________ Janice S. Parvin, Mayor ATTEST: ___________________________________ Ky Spangler, City Clerk Exhibit A – Zoning Ordinance Amendment No. 2021-01 44 Ordinance No. ___ Page 5 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 ZC = Permitted by Zoning Clearance 45 Ordinance No. ___ Page 6 Zones O-S A-E R-A R-E R-O R-1 R-2 RPD RPD 20U- N-D TPD A. Agricultural Uses (minimum lot size of 5 acres required) 1. Animal Husbandry as a primary use in accordance with Chapter 17.28 a. Without Structures ZC ZC ZC ZC b. With structures of total gross floor areas per lot: - Less than 1,000 sq. ft. ZC ZC ZC ZC - 1,001—20,000 sq. ft. AP ZC AP - 20,001—100,000 sq. ft. CUP AP - >100,000 sq. ft. CUP 2. Animal hospitals, for large animals CUP CUP CUP 3. Apiculture in accordance with Chapter 17.28 ZC ZC AP 4. Crop production where no structures are involved ZC ZC ZC ZC 5. Greenhouses, hothouses and the like. Minimum property line setbacks shall be 20 feet. With a total gross floor area per lot: - Less than 1,000 sq. ft. ZC ZC ZC ZC - 1,001—20,000 sq. ft. AP AP AP AP - > 20,000 sq. ft. CUP CUP 6. Kennels and catteries (domestic) see Chapter 17.28 CUP CUP CUP CUP 7. Wholesale nurseries, tree farms and ornamental plant farms including AP AP AP AP AP* 46 Ordinance No. ___ Page 7 Zones O-S A-E R-A R-E R-O R-1 R-2 RPD RPD 20U- N-D TPD 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 (*minimum lot size: five [5] acres) ZC ZC AP b.Aviaries (*minimum lot size: five [5] acres) AP AP AP AP c.Farm animals including horses and ponies subject to the requirements of Chapter 17.28 NZC NZC NZC NZC NZC NZC d.Pet animals are allowed in all zones subject to the NZC NZC NZC NZC NZC NZC NZC NZC NZC 47 Ordinance No. ___ Page 8 Zones O-S A-E R-A R-E R-O R-1 R-2 RPD RPD 20U- N-D TPD requirements of Chapter 17.28 e. Wild animals subject to the requirements of Chapter 6.24 AP AP AP 2. Accessory structures a. Balcony, deck, patio covers, room additions, or storage sheds ZC ZC ZC ZC ZC ZC ZC ZC b. Fences and walls 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 NZC NZC NZC NZC NZC NZC NZC NZC NZC c. Fences and walls 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 ZC ZC ZC ZC ZC ZC ZC ZC ZC d. Swimming, wading, ornamental pools, or spas where a building permit is required ZC ZC ZC ZC ZC ZC ZC ZC ZC e. Swimming, wading, ornamental pools, or spas where a building permit is not required NZC NZC NZC NZC NZC NZC NZC NZC NZC 48 Ordinance No. ___ Page 9 Zones O-S A-E R-A R-E R-O R-1 R-2 RPD RPD 20U- N-D TPD 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 labor in accordance with the requirements of Chapter 17.28 ZC ZC ZC ZC 6. Home occupation when conducted in an existing single-family home and consistent with the requirements of Chapter 17.28 (Including industrial hemp product retail sales) NZC NZC NZC NZC NZC NZC NZC NZC NZC 7. Maintenance and minor repair to buildings involving structural alterations ZC ZC ZC ZC ZC ZC ZC ZC ZC 8. Temporary motion picture, television, or still photography production (and related activities and structures) in accordance with Section 17.28.120 TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP 9. Mobilehomes or recreation vehicle as temporary dwelling on the site of an active building permit during construction TUP TUP TUP TUP TUP TUP TUP TUP TUP 10. Produce stands in compliance with the requirements of Chapter 17.28 ZC ZC ZC ZC 49 Ordinance No. ___ Page 10 Zones O-S A-E R-A R-E R-O R-1 R-2 RPD RPD 20U- N-D TPD 11.Recreational 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) CUP CUP CUP CUP CUP CUP CUP 12.Storage of building materials in accordance with the requirements of Chapter 17.28 ZC ZC ZC ZC ZC ZC ZC ZC ZC 13.Storage, open, consistent with Chapter 17.28 NZC NZC NZC NZC NZC NZC NZC NZC NZC 14.Soil testing for wells, foundations, septic systems and similar construction NZC NZC NZC NZC NZC NZC NZC NZC NZC 15.Temporary uses including, but not limited to, carnivals, Christmas tree sales, circuses, festivals, sidewalk sales, special events, outdoor sales, when in compliance with Chapter 17.44. Issuance of a temporary use permit shall take the place of a zoning clearance. TUP TUP TUP TUP TUP TUP TUP TUP TUP 50 Ordinance No. ___ Page 11 Zones O-S A-E R-A R-E R-O R-1 R-2 RPD RPD 20U- N-D TPD 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 17. Indoor personal cultivation of cannabis of up to 6 plants per private residence when consistent with Health and Safety Code Section 11362.2 (Outdoor personal cultivation of cannabis is prohibited) NZC NZC NZC NZC NZC NZC NZC NZC NZC NZC 17.20.060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES [Blank] = Not permitted AP = Administrative Permit CUP = Conditional Use Permit 51 Ordinance No. ___ Page 12 NZC = No Zoning Clearance required TUP = Temporary Use Permit ZC = Permitted by Zoning Clearance Zones C-O C-1 CPD C-2 C- OT M-1 M-2 I 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 required) CUP AP* AP* AP* AP* 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 [100] feet of a residentially zoned property a conditional use permit is required) CUP AP* AP* AP* b. Car washes, self-service or automatic with or without automotive services stations CUP CUP 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 without beer and wine sales for off-site consumption CUP CUP 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 required) AP* CUP CUP 6. Hay and feed sales CUP CUP 7. Hotels, motels and bed and breakfast inns when in compliance with Chapter 5.44 CUP CUP CUP CUP 8. Kennels and catteries CUP CUP 52 Ordinance No. ___ Page 13 Zones C-O C-1 CPD C-2 C- OT M-1 M-2 I 9. Liquor stores (when located no closer than one thousand [1,000] feet of any other liquor store or public or private school) CUP CUP CUP 10. Commercial cannabis activity 11. Nurseries (retail) with or without container grown plants when all equipment and supplies kept in an enclosed area AP 12. Nurseries (wholesale and/or retail) with or without container grown plants when all equipment and supplies kept in an enclosed area AP 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 required) AP* AP* 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 property a conditional use permit is required) CUP CUP AP* 17. Recreational vehicle storage yards when not located on parcels adjacent to arterial roads or freeways as shown on the Moorpark Circulation Element Highway Network Map and with or without a caretaker dwelling CUP 18. Recycling centers CUP CUP CUP 19. Recycling drop-off bins when located in an area determined by the community development director not to be in conflict with parking, vehicle or pedestrian circulation ZC ZC ZC ZC ZC ZC 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 conditional use permit is required) AP* AP* 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 ZC ZC ZC 53 Ordinance No. ___ Page 14 Zones C-O C-1 CPD C-2 C- OT M-1 M-2 I 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, 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 residentially zoned property a conditional use permit is required) AP* 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% shall be computed on the basis of the cumulative total floor area of the industrial planned development (IPD) AP AP 24.Retail sales (temporary) in the M-1 and M-2 zones. Issuance of a temporary use permit shall take the place of a zoning clearance TUP TUP 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 retail smoking products stores AP AP AP AP 54 Ordinance No. ___ Page 15 Zones C-O C-1 CPD C-2 C- OT M-1 M-2 I 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 retail store CUP CUP CUP CUP 27.b. Industrial hemp product 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) NZC NZC NZC NZC 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, 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 ZC ZC ZC ZC ZC ZC 4.Veterinary offices and animal hospitals a. Without boarding (keeping of animals indoors and on-site for medical purposes shall not be considered boarding) AP AP AP AP AP AP 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 dedicated to massage services (Only permitted in the CPD Zone) CUP 55 Ordinance No. ___ Page 16 Zones C-O C-1 CPD C-2 C- OT M-1 M-2 I b. Massage establishments at day spas, salons, or similar uses with 3 or fewer massage stations, provided that less than 20% of the floor area is dedicated to massage services ZC ZC ZC ZC 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 buses CUP 4. Manufacturing and assembly including, but not limited 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) ZC* ZC* 5.Outdoor storage when in conjunction with a city 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) CUP AP* AP* 6.Self-storage or mini-storage when not located on parcels adjacent to arterial roads or freeways as shown on the Moorpark Circulation Element Highway Network Map and with or without a caretaker dwelling CUP CUP 7.Warehousing AP AP 8.Welding AP AP 9. Industrial hemp warehousing, and manufacturing and processing 56