HomeMy WebLinkAboutAGENDA REPORT 2021 1103 CCSA REG ITEM 08ACITY OF MOORPARK, CALIFORNIA
City Council Meeting
of November 3, 2021
ACTION APPROVED STAFF
RECOMMENDATION, INCLUDING
INTRODUCTION OF ORDINANCE NO.
497 (ROLL CALL VOTE: 4:1, MAYOR
PARVIN DISSENTING).
BY K. Spangler.
A. 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) Continue to accept
public testimony and close the public hearing; and 2) Introduce Ordinance No. 497
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) (Staff: Shanna Farley-Judkins, Principal Planner)
Item: 8.A.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Shanna Farley-Judkins, Principal Planner
DATE: 11/03/2021 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
On October 20, 2021, the City Council considered the first reading of Zoning Ordinance
Amendment No. 2021-01. During the hearing, the City Council directed staff to clarify the
following:
- Impacts associated with industrial hemp (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.
At the same meeting, the City Council continued the review of the draft ordinance to
November 3, 2021.
Item: 8.A.
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Research and Testing Laboratories Versus Manufacturing and Processing
Following the October 20, 2021, City Council meeting, staff identified one local testing
laboratory which is currently undergoing state licensing, located in Oxnard, California.
Staff will conduct a site visit prior to the November 3, 2021, City Council meeting
addressing anticipated impacts related to a testing laboratory. Findings of the site visit
will be presented to the Council on November 3, 2021.
Proposed Revised Zoning Ordinance Amendments
During the October 20, 2021, City Council meeting, the Council discussed the proposed
Conditional Use Permit (CUP) required for stand-alone retail establishments. The City
Council indicated a desire to maintain consistent standards for stand-alone retail uses as
used by neighboring jurisdictions. Below is an outline of the permit requirements for
stand-alone hemp retail uses in other cities in the vicinity, which shows that most cities in
the region allow stand-alone hemp retail stores without a hearing or Conditional Use
Permit.
Jurisdiction Discretionary Hearing Required (ie CUP)
Agoura Hills, City of No
Camarillo, City of Prohibited
Fillmore, City of No
Ojai, City of No
Oxnard, City of No
Port Hueneme, City of No
Santa Paula, City of No
Thousand Oaks, City of No
Westlake Village, City of No
Ventura, City of No
In order to be consistent with neighboring jurisdictions, staff has provided the following
alternative entitlement process to address stand-alone retail establishments like other
retail uses, which otherwise do not require a CUP. The alternative process outlined below
would require a Zoning Clearance for stand-alone hemp retail stores, dependent on
various development standards as considered by the Community Development Director.
Proposed alternative text is highlighted with a red underline. The proposed draft
ordinance is included as Attachment 1.
The proposed revised amendments to the Moorpark Municipal Code (MMC) Zoning Code
include 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).
Proposed revisions are highlighted with a red underline. The proposed draft ordinance is
included as Attachment 1.
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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.
“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.
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
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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
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
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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
(*consistent with
the requirements of
Chapter 17.28.080)
ZC ZC ZC ZC
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
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Standards for Specific Uses:
Chapter 17.28 (Standards for Specific Uses) of the MMC sets forth standards and
regulations for specific uses. Staff recommends the following amendments to Chapter
17.28 with the addition of Section 17.28.080, as shown below:
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.
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
(*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)
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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:
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 includes parks, child
day care center, youth center, or church;
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.
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.
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;
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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 home occupation permit and those of Chapter 17.44, the
findings and provisions of this section shall control.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
1. Continue to 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 17, 2021, for purposes of providing second reading and
adoption of the ordinance. (ROLL CALL VOTE REQUIRED)
Attachment: Draft Ordinance No. ____
8
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
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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
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
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Ordinance No. ___
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
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Ordinance No. ___
Page 4
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.
________________________________
Janice S. Parvin, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
Exhibit A – Zoning Ordinance Amendment No. 2021-01
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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:
“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:
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Ordinance No. ___
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 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
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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
- 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
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.
AP AP AP AP AP*
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
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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
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
requirements of
Chapter 17.28
NZC NZC NZC NZC NZC NZC NZC NZC NZC
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
ZC ZC ZC ZC ZC ZC ZC ZC ZC
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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
surrounding natural
grade
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
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
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Ordinance No. ___
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Zones O-S A-E R-A R-E R-O R-1 R-2 RPD
RPD 20U-
N-D TPD
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
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,
TUP TUP TUP TUP TUP TUP TUP TUP TUP
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Ordinance No. ___
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Zones O-S A-E R-A R-E R-O R-1 R-2 RPD
RPD 20U-
N-D TPD
circuses, festivals,
sidewalk sales,
special events,
outdoor sales, when
in compliance with
Chapter 17.44.
Issuance of a
temporary use permit
shall take the place of
a zoning clearance.
Temporary uses
lasting more than 180
days require an AP
16. Delivery of adult
use or medicinal
cannabis, including,
but not limited to,
deliveries from mobile
dispensaries, except
for deliveries of
medicinal cannabis
from a patient’s
primary caregiver to a
qualified patient, as
those terms are
defined in state law,
and transporting
cannabis through the
jurisdictional limits of
the city for delivery to
a person located
outside the city, where
such transport does
not involve delivery
within the
jurisdictional limits of
the city
17. Indoor personal
cultivation of cannabis
of up to 6 plants per
private residence
when consistent
with Health and Safety
Code Section 11362.2
NZC NZC NZC NZC NZC NZC NZC NZC NZC NZC
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Ordinance No. ___
Page 12
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD
RPD 20U-
N-D TPD
(Outdoor personal
cultivation of cannabis
is prohibited)
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 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
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Ordinance No. ___
Page 13
Zones C-O C-1
CPD
C-2
C-
OT M-1 M-2 I
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
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 ZC ZC ZC ZC ZC ZC
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Ordinance No. ___
Page 14
Zones C-O C-1
CPD
C-2
C-
OT M-1 M-2 I
not to be in conflict with parking, vehicle or
pedestrian circulation
20. Rental and leasing of large equipment with or
without outdoor storage and repair (*if within one
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
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
ZC ZC ZC
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
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Ordinance No. ___
Page 15
Zones C-O C-1
CPD
C-2
C-
OT M-1 M-2 I
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
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)
ZC ZC ZC ZC
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
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Ordinance No. ___
Page 16
Zones C-O C-1
CPD
C-2
C-
OT M-1 M-2 I
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
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
CUP CUP
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Ordinance No. ___
Page 17
Zones C-O C-1
CPD
C-2
C-
OT M-1 M-2 I
shown on the Moorpark Circulation Element
Highway Network Map and with or without a
caretaker dwelling
7. Warehousing AP AP
8. Welding AP AP
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)
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.
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:
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 includes parks, child
day care center, youth center, or church;
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;
25
Ordinance No. ___
Page 18
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 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.
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 home occupation permit and those of Chapter 17.44, the
findings and provisions of this section shall control.
26