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Home My WebLink AboutAGENDA REPORT 2021 1103 CCSA REG ITEM 08A POWERPOINTZoning Ordinance Amendment No. 2021-01 Industrial Hemp Uses Presented By: Shanna Farley-Judkins, Principal Planner Zoning Ordinance Amendment No. 2021-01 requesting Amendment to Title 17 (Zoning) •Chapter 17.08 (Definitions) •Chapter 17.20 (Uses by Zone) ; and •Chapter 17.28.080 (Standards Related to Industrial Hemp Product Retail Sales, Stand-alone) 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. REQUEST City Council November 3, 2021 2 Regulations regarding hemp manufacturing, testing, storage and retail sales must be effective prior to December 16, 2021 (IUO No. 486) DEADLINE City Council November 3, 2021 3 BACKGROUND 4 Continued hearing from October 20, 2021 •Impacts associated with hemp research and testing laboratories as compared to hemp manufacturing and processing; •Exception to allow the process of combining industrial hemp ingredients as an accessory processing use; •Draft regulations considering a buffer from hemp retail stores and certain sensitive uses; and •Revise regulations related to stand alone hemp retail stores to allow for a more consistent process with neighboring jurisdictions. City Council November 3, 2021 LABORATORY / TESTING •Site Visit November 3, 2021 •Located within an industrial office park. •Facility fully indoors. •Testing for agriculture and food safety. •State license pending for industrial hemp •No observed odor or outdoor impacts related to testing/lab 5 Oxnard, California City Council November 3, 2021 LABORATORY / TESTING SITE VISIT 6City Council November 3, 2021 PROPOSED: PROCESSING EXCEPTION 7City Council November 3, 2021 PROPOSED: PROCESSING EXCEPTION 8City Council November 3, 2021 Prohibited 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) PROPOSED: PROCESSING EXCEPTION 9City Council November 3, 2021 New Definitions: “Accessory Industrial Hemp Ingredient Processing ” means an accessory use whereby Prepared Industrial Hemp Ingredients are combined with other products. “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. STAND-ALONE RETAIL ESTABLISHMENTS 10City Council November 3, 2021 City Discretionary Hearing Required (ie CUP) Agoura Hills No Camarillo Prohibited Fillmore No Ojai No Oxnard No Port Hueneme No Santa Paula No Thousand Oaks No Westlake Village No Ventura No Simi Valley Prohibited STAND-ALONE RETAIL ESTABLISHMENTS 11City Council November 3, 2021 STAND-ALONE RETAIL ESTABLISHMENTS 12City Council November 3, 2021 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. 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. STAND-ALONE RETAIL ESTABLISHMENTS 13City Council November 3, 2021 b.Approval Criteria.The community development director shall approve an application for an industrial hemp retail sales establishment that meets the following criteria: i.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; STAND-ALONE RETAIL ESTABLISHMENTS 14City Council November 3, 2021 ii.Shall comply with the standards outlined in Chapter 17.44.030(B) 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. STAND-ALONE RETAIL ESTABLISHMENTS 15City Council November 3, 2021 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 home occupation permit. 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. STAND-ALONE RETAIL ESTABLISHMENTS 16City Council November 3, 2021 e.Revocation of Permit.A zoning clearance for an industrial hemp retail sales establishment may be revoked pursuant to the revocation provisions of Chapter 17.44 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: i.A condition of the zoning clearance has been violated; ii.The use has become detrimental to the public health, welfare and safety; is resulting in a significant traffic impact or constitutes a nuisance; iii.The zoning clearance was obtained by misrepresentation or fraud; 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. Correction to Draft Ordinance 17City Council November 3, 2021 Original:In the event of a conflict between the findings and provisions of this section with respect to the revocation of a home occupation permit and those of Chapter 17.44,the findings and provisions of this section shall control. Revision: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. STAFF RECOMENDATION 18City Council November 3, 2021 1.Continue to accept public testimony and close 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 17,2021,for purposes of providing second reading and adoption of the ordinance. (ROLL CALL VOTE REQUIRED) PROPOSED DEFINTIONS 19 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 20 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. LAB Images 21 22 23 24 25City Council November 3, 2021 Legend School Park Church Daycare / Youth / 26City Council November 3, 2021 Legend School Park Church Daycare / Youth / 27City Council November 3, 2021 Legend School Park Church Daycare / Youth / 28City Council November 3, 2021 Legend School Park Church Daycare / Youth /