HomeMy WebLinkAboutAGENDA REPORT 2021 1020 CCSA REG ITEM 08B POWERPOINTZoning Ordinance Amendment No. 2021-01
Industrial Hemp Uses
Presented By: Shanna Farley-Judkins, Principal Planner
REQUEST
City Council October 20, 2021 2
Zoning Ordinance Amendment No. 2021-01 requesting
Amendment to Title 17 (Zoning)
•Chapter 17.08 (Definitions); and
•Chapter 7.20 (Uses by Zone)
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.
DEFINITION
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Industrial Hemp (Hemp)
“...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 (THC) is the principal psychoactive of cannabis.
Hemp ≠ Cannabis –By Definition
BACKGROUND
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2019
•Federal and State regulations relaxed regarding hemp
•Allowed commercial cultivation and processing of hemp
•County Agricultural Commissions charged with regulatory
programs regarding hemp cultivation
Summer/Fall 2019
•Ventura County hemp cultivation began, resulting in numerous
strong odor complaints related to hemp fields in the Tierra Rejada
Valley
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BACKGROUND
February 17, 2021
City Council Ordinance No. 487
Prohibiting hemp cultivation
November 18, 2020
10 Day Report on research
following moratorium
December 2, 2020
IUO No. 486 superseded
IUO No. 479
Extended moratorium to
December 16, 2021
CONTINUED RESEARCHSeptember 28, 2021
Resolution No. PC-2021-662
Recommending City Council
Adoption of ZOA No. 2021-01
October 20, 2021
City Council
ZOA No. 2021-01
December 18, 2019
Interim Urgency Ordinance
(IUO) No. 477
Temporary, 45-day moratorium:
cultivation, manufacturing,
certain retail sales, testing,
storage of hemp
January 15, 2020
IUO No. 479 superseded IUO No. 477
Extended moratorium to
December 16, 2020
June 17, 2020
City Council Study Session
Received Input
December 15, 2020
County of Ventura
Cultivation Regulation
DEADLINE
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Regulations regarding hemp manufacturing, testing, storage and retail
sales must be effective prior to December 16, 2021 (IUO No. 486)
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Hemp Uses
Warehousing, Manufacturing, and Processing
Stand-Alone Retail Sales
Accessory Retail Sales
Home Occupations
Research and Testing Laboratory
Primary
factors used
to evaluate:
•ODOR
•TRAFFIC
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Warehousing, Manufacturing, and Processing
Recommendation:Prohibit
Factors: Odor and Traffic
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Stand-Alone Retail
Recommendation: Allow
In the C-O, C -1, CPD, C-2 and C-OT Zones with a Conditional Use Permit
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Accessory Retail Sales
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Recommendation: Allow
In the C-O, C -1, CPD, C-2 and C-OT Zones
Sales display area limited to a maximum of 5% of the retail floor area of
the establishment in which it is located
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Home Occupations
Involving Hemp Products
Recommendation: Allow
Require Home Occupation Permit
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Research and Testing Laboratories
Recommendation: Allow
In the C-O and M-1 Zones with a Condition Use Permit
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PROPOSED HEMP USES
Use Allow or Prohibit Permit Type
Industrial hemp warehousing, and manufacturing and processing Prohibit
Stand-alone Retail Sales Allow*Conditional Use Permit
Accessory Retail Sales
(sales display area limited to a maximum of 5% of the retail floor area of
the establishment in which it is located)
Allow None
Home Occupations Allow Home Occupation Permit
Research and Testing Laboratories Allow* Conditional Use Permit
*In Certain Zones
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ENVIRONMENTAL DETERMINATION
California Environmental Quality Act (CEQA)
Section 15061(b)(3)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”.
Section 15308 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.
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RECOMMENDATION
1.Open the public hearing,accept public testimony and close the
public hearing;and
2.Introduce the Ordinance,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)
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PROPOSED DEFINTIONS
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Chapter 17.08 (Definitions)
"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.
PROPOSED DEFINTIONS
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Chapter 17.08 (Definitions)
"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.