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HomeMy WebLinkAboutORD 497 2021 1117ORDINANCE NO. 497 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hemp; and WHEREAS, on January 15, 2020, the City Council subsequently adopted Interim Ordinance No. 479 which superseded Interim Urgency Ordinance No. 477 and imposed a 10 month and 15-day moratorium on the cultivation, manufacturing, testing, storing, and certain retail sales of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the moratorium; and WHEREAS, on December 2, 2020, the City Council adopted Interim Urgency Ordinance No. 486 that superseded the prior Interim Urgency Ordinance No. 479 and extended the temporary moratorium on the cultivation, manufacturing, testing, storing, and retail sale of hemp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 Ordinance No. 497 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 no public testimony was presented, and discussed the proposed amendments and continued the hearing to November 3, 2021, to further consider the proposed amendments; and WHEREAS, on November 3, 2021, the City Council continued the public hearing regarding Zoning Ordinance Amendment No. 2021-01, 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 Ordinance No. 497 Page 3 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 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 Ordinance No . 497 Page4 and each section, subsection , sentence , clause , phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections , sentences, clauses, phrases , parts or portions be declared invalid or unconstitutional. SECTION 4 . This ordinance shall become effective thirty (30) days after its passage and adoption . A summary of this ordinance shall , within fifteen (15) days after passage , be published in accordance with Section 36933 of the Government Code of the State of California with the names of the City Councilmembers voting for and against it. SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance ; shall enter the same in the book of original ordinances of said City ; shall make a written record of the passage and adoption thereof in the minutes of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law . PASSED , AND ADOPTED this 17th day of November, 2021. ~Ltti~ ~rvin , Mayor ATTEST: ,~ ... '1(~~ --~, KySp~~ l \Z Exhibit A -Zoning Ordinance Amendment No . 2021 -01 "··--___ J _l,!..;Y Ordinance No. 497 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: "Accessory Industrial Hemp Ingredient Processing" means an accessory use whereby Prepared Industrial Hemp Ingredients are combined with other products. "Industrial hemp cultivation" means the planting, growing, harvesting, drying, curing, grading, or trimming of industrial hemp. "Industrial hemp manufacturing and processing" means to compound, blend, extract, infuse, process, or otherwise make or prepare an industrial hemp product. "Industrial hemp product" means any item, or good, including foods and beverages, personal care products, nutritional supplements, fabrics and textiles, paper, construction materials, and other manufactured and industrial goods, produced with and containing any amount of industrial hemp. "Industrial hemp product retail sales" means any person or business selling or offering to sell, or to otherwise convey or exchange for any form of consideration, industrial hemp product. Where the sale of such products is customary, incidental, and subordinate to the principal use of the use, the use will be considered accessory. "Industrial hemp research and testing laboratory" means a laboratory, facility, research institution, and/or entity that offers or performs testing or research involving industrial hemp or industrial hemp products. "Industrial hemp warehousing" means the storage of industrial hemp. "Prepared Industrial Hemp Ingredients" means an industrial hemp food or ingredient, which is prepared or processed offsite, which is incorporated into another product not containing industrial hemp. Prepared industrial hemp ingredients may include prepared CBD oil, hulled hemp seed, hemp fabric or other similar product derived from 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: Ordinance No. 497 Page 6 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 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 zc zc Structures b. With structures of total gross floor areas per lot: -Less than 1,000 zc zc sq. ft. -1,001-20,000 sq. AP zc ft. -20,001-100,000 CUP AP sq. ft. ->100,000 sq. ft. CUP 2. Animal hospitals, CUP CUP for large animals 3. Apiculture in zc zc accordance with Chapter 17 .28 4. Crop production zc zc where no structures are involved R-A R-E R-O R-1 R-2 zc zc zc zc AP CUP AP zc zc RPO 20U RPO -N-0 TPD Ordinance No. 497 Page 7 Zones 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. -1,001-20,000 sq. ft. -> 20,000 SQ. ft. 6. Kennels and catteries (domestic) see Chapter 17 .28 7. Wholesale nurseries, tree farms and ornamental plant farms including container plants. Retail sales shall be limited to the requirements of Chapter 17.28. *Only allowed in these zones when within overhead electrical utility corridors. 8. Wildlife sanctuaries 9. Commercial cannabis activity except as provided in Table 17.20.050(0) (16) and (17) 10. Cultivation of industrial hemp RPO 20U 0-S A-E R-A R-E R-0 R-1 R-2 RPO -N-0 TPO zc zc zc zc AP AP AP AP CUP CUP CUP CUP CUP CUP AP AP AP AP AP* CUP CUP Ordinance No. 497 Page 8 Zones 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) b. Aviaries (*minimum lot size: five [5] acres) c. Farm animals including horses and ponies subject to the requirements of Chapter 17 .28 d. Pet animals are allowed in all zones subject to the requirements of Chapter 17 .28 e. Wild animals subject to the requirements of Chapter 6.24 2. Accessory structures a. Balcony, deck, patio covers, room additions, or storage sheds O-S A-E zc zc AP AP NZC NZC NZC NZC AP AP zc zc RPD 20U R-A R-E R-O R-1 R-2 RPD -N-D TPD AP AP AP NZC NZC NZC NZC NZC NZC NZC NZC NZC NZC NZC AP zc zc zc zc zc zc Ordinance No. 497 Page 9 Zones 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 Qrade 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 d. Swimming, wading, ornamental pools, or spas where a building permit is required e. Swimming, wading, ornamental pools, or spas where a building permit is not required 3. Antenna or flag pole, ground mounted, non- commercial a. <35 feet hiQh 0-5 A-E NZC NZC zc zc zc zc NZC NZC AP AP RPD 20U R-A R-E R-O R-1 R-2 RPD -N-D TPD NZC NZC NZC NZC NZC NZC NZC zc zc zc zc zc zc zc zc zc zc zc zc zc zc NZC NZC NZC NZC NZC NZC NZC AP AP AP AP AP AP AP Ordinance No. 497 Page 10 Zones b. >35 feet hiqh 4. Dwelling, caretaker 5. Dwellings, farm labor in accordance with the requirements of Chapter 17.28 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) 7. Maintenance and minor repair to buildings involving structural alterations 8. Temporary motion picture, television, or still photography production (and related activities and structures) in accordance with Section 17.28.120 9. Mobilehomes or recreation vehicle as temporary dwelling on the site of an active building permit during construction O-S A-E R-A CUP CUP CUP AP AP AP zc zc zc NZC NZC NZC zc zc zc TUP TUP TUP TUP TUP TUP RPD 20U R-E R-O R-1 R-2 RPD -N-D TPD CUP CUP CUP CUP CUP CUP AP AP AP AP AP AP zc NZC NZC NZC NZC NZC NZC zc zc zc zc zc zc TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP Ordinance No. 497 Page 11 Zones 10. Produce stands in compliance with the requirements of Chapter 17 .28 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 (Pub lie park and recreation facilities are permitted in all zones and do not require a CUP or a ZC) 12. Storage of building materials in accordance with the requirements of Chapter 17.28 13. Storage, open, consistent with Chapter 17 .28 14. Soil testing for wells, foundations, septic systems and similar construction O-S A-E zc zc CUP zc zc NZC NZC NZC NZC RPD 20U R-A R-E R-O R-1 R-2 RPD -N-D TPD zc zc CUP CUP CUP CUP CUP CUP zc zc zc zc zc zc zc NZC NZC NZC NZC NZC NZC NZC NZC NZC NZC NZC NZC NZC NZC Ordinance No. 497 Page 12 Zones 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. Temporary uses lasting more than 180 days require an AP O-S A-E TUP TUP RPD 20U R-A R-E R-O R-1 R-2 RPD -N-D TPD TUP TUP TUP TUP TUP TUP TUP Ordinance No. 497 Page 13 Zones 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) RPD 20U 0-5 A-E R-A R-E R-O R-1 R-2 RPD -N-D TPD NZC NZC NZC NZC NZC NZC NZC NZC NZC NZC Ordinance No. 497 Page 14 17.20.060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES [Blank] = Not permitted AP= Administrative Permit CUP = Conditional Use Permit NZC = No Zoning Clearance required TUP = Temporary Use Permit ZC = Permitted by Zoning Clearance Zones A. Retail and Service Uses 1. Adult businesses when in compliance with Sections 17.24.040(N), 17.78.050 and Chapter 5.18 2. Alcoholic beverage sales for off-site consumption when in conjunction with another city-approved retail or service use other than automobile service station or liquor store a. Beer and/or wine (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is required) b. Beer, wine and other alcoholic beverages 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) b. Car washes, self-service or automatic with or without automotive services stations c. Engine rebuilding, transmission repair, steam cleaning, auto body, painting d. Parts and supplies e. Rental f. Sales, with or without service and parts g. Service stations with or without mini-marts and with or without beer and wine sales for off-site consumption 4. Body piercing and/or tattoo C-O CPD C-C-1 OT M-1 C-2 zc CUP AP* AP* AP* CUP CUP CUP CUP CUP AP* AP* CUP CUP zc zc zc AP AP CUP CUP CUP CUP M-2 I zc AP* CUP AP* CUP CUP zc AP CUP CUP Ordinance No. 497 Page 15 Zones 5. Building supplies (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is required) 6. Hay and feed sales 7. Hotels, motels and bed and breakfast inns when in compliance with Chapter 5.44 8. Kennels and catteries 9. Liquor stores (when located no closer than one thousand [1,000] feet of any other liquor store or public or private school) 10. Commercial cannabis activity 11. Nurseries (retail) with or without container grown plants when all equipment and supplies kept in an enclosed area 12. Nurseries (wholesale and/or retail) with or without container grown plants when all equipment and supplies kept in an enclosed area 13. Pawnshops when in compliance with Chapter 5.32 14. Pest control services (*if within 100 feet of a residentially zoned property a conditional use permit is required) 15. Private post offices, parcel services, copy centers 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) 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 dwellinQ 18. Recycling centers 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 C-0 CUP zc CUP zc CPD C-C-1 M-1 M-2 I C-2 OT AP* CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP AP AP AP AP* AP* zc zc zc CUP AP* CUP CUP CUP CUP zc zc zc zc zc Ordinance No. 497 Page 16 Zones 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) 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, 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) CPD C-C-0 C-1 OT M-1 M-2 I C-2 AP* AP* zc zc zc AP* Ordinance No. 497 Page 17 Zones 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) 24. Retail sales (temporary) in the M-1 and M- 2 zones. Issuance of a temporary use permit shall take the place of a zoninQ clearance 25. Thrift stores, secondhand shops, consignment stores when in compliance with Chapter 5.32 26. Tobacco sales a. Retail smoking products stores, as defined in Chapter 8.32 b. Sale of tobacco products and electronic cigarette (vaping) products from retail establishments other than 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 retail store (*consistent with the requirements of Chapter 17.28.080) 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) C. Office and Professional Uses 1. Financial services a. Banks and other financial institutions, except those set forth below b. Check cashing, payday loan, and vehicle title loan establishments (Only permitted in CPD Zone) c. Automated/automatic teller machines (ATMs) 2. Laboratories: research and scientific C-O zc NZC zc zc AP CPD C-C-1 OT M-1 M-2 I C-2 AP AP TUP TUP AP AP CUP AP AP AP AP zc zc zc NZC NZC NZC zc zc zc zc AP zc zc zc AP AP AP Ordinance No. 497 Page 18 Zones a. Industrial hemp research and testing laboratory 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 4. Veterinary offices and animal hospitals a. Without boarding (keeping of animals indoors and on-site for medical purposes shall not be considered boarding) b. With boardinq indoors or outdoors 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) 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 D. Manufacturing, Assembly, Distribution, and Warehousing Uses 1. Cement, concrete and plaster, and product fabrication 2. Distribution and transportation facilities 3. Heavy machinery repair, including trucks, tractors and buses C-0 CUP zc AP zc CPD C-C-1 OT M-1 M-2 I C-2 CUP zc zc zc zc zc AP AP AP AP AP CUP CUP CUP CUP zc zc zc CUP CUP CUP CUP Ordinance No. 497 Page 19 Zones 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) 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) 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 7. WarehousinQ 8. Welding 9. Industrial hemp warehousing, and manufacturing and processing (*except that the process of combining Prepared Industrial Hemp Ingredients with other products shall be allowed as an accessory use within a permitted processing or assembly use, with a Zoning Clearance) CPD C-C-0 C-1 OT M-1 M-2 I C-2 ZC* ZC* CUP AP* AP* CUP CUP AP AP AP AP Chapter 17.28.080 (Reserved) of Title 17 (Zoning) shall be amended to include the following standards related to industrial hemp product retail sales: 17.28.080 Standards Related to Industrial Hemp Product Retail Sales, Stand-alone Industrial Hemp Product Retail Sales, Stand Alone Retail Requirements. Industrial hemp product retail sales may be conducted in certain commercial zones, with a zoning clearance meeting all of the requirements of this section. Ordinance No. 497 Page 20 a. Application. An application for a zoning clearance shall be filed with the community development director on forms prescribed by the community development director along with the fee established by city council resolution. b. Approval Criteria. The community development director shall approve an application for an industrial hemp retail sales establishment that meets the following criteria: 1. Industrial hemp retail sales establishment must be at least 600 feet from a school or sensitive site property boundary, as measured from the public entrance(s) of the store. For the purposes of this section, schools include educational facilities providing instruction in pre-school, kindergarten or any grades 1 through 12, that is in existence at the time the license is issued (do not include Moorpark College) and sensitive site include parks, child day care centers, youth centers, and churches; 11. Shall comply with the standards outlined in Chapter 17.44.030(8) Zoning Clearance; iii. The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish or impair property values within the neighborhood; iv. The industrial hemp retail sales establishment shall not sell tobacco or alcoholic beverages; and v. A valid business registration shall be required. c. Conditions. In granting a zoning clearance for industrial hemp retail sales, the director may impose conditions to safeguard and protect the public health and safety and promote the general welfare. The applicant shall agree in writing to comply with all conditions prior to the issuance of a zoning clearance. d. Duration of Permit. Unless otherwise stated in the zoning clearance for an industrial hemp retail sales establishment, the zoning clearance at the approved address shall be valid until six (6) months after the use for which the permit was issued has ceased or until the permit is revoked. e. Revocation of Permit. A zoning clearance for an industrial hemp retail sales establishment may be revoked pursuant to the revocation provisions of Chapter 1 7 . 4 4 of this title if the community development director makes any of the following findings in addition to any of the findings for revocation in Chapter 17.44 of this title and notifies the applicant in writing: 1. A condition of the zoning clearance has been violated; 11. The use has become detrimental to the public health, welfare and safety; is resulting in a significant traffic impact or constitutes a nuisance; 111. The zoning clearance was obtained by misrepresentation or fraud; Ordinance No. 497 Page 21 iv. The use for which the zoning clearance was granted has ceased for six (6) months or more; and v. The use for which the zoning clearance was granted has become nonconforming due to a change in the municipal code and a reasonable period of time, as determined by the community development director, has elapsed to allow for the termination or relocation of the use. In the event of a conflict between the findings and provisions of this section with respect to the revocation of a zoning clearance and those of Chapter 17.44, the findings and provisions of this section shall control. Ordinance No. 497 Page 22 STATE OF CALIFORNIA COUNTY OF VENTURA CITY OF MOORPARK ) ) ) ss. I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 497 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 17th day of November, 2021 and that the same was adopted by the following vote : AYES: NOES: ABSENT: ABSTAIN: Councilmembers Castro, Enegren, Groff, and Pollock Mayor Parvin None None WITNESS my hand and the official seal of said City this 17th day of November, 2021. City Clerk (seal) -.-··iz------ 1 ; , -~ z (i 0 ~--.. ..:..~,u\..