HomeMy WebLinkAboutAGENDA REPORT 2021 1117 CCSA REG ITEM 11ACITY OF MOORPARK, CALIFORNIA
City Council Meeting
of November 17, 2021
ACTION ADOPTED ORDINANCE NO. 497.
(ROLL CALL VOTE: 4:1, MAYOR PARVIN
DISSENTING)
BY B. Garza.
A. Consider Ordinance No. 497 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: Waive full reading,
declare Ordinance No. 497 read for the second time, and adopted as read. (ROLL
CALL VOTE REQUIRED) (Staff: Shanna Farley-Judkins, Principal Planner)
Item: 11.A.
ORDINANCE 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Ordinance No. 479 which superseded Interim Urgency Ordinance No. 477 and imposed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
Item: 11.A.
529
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
530
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
531
Ordinance No. 497
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
532
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:
533
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 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
534
Ordinance No. 497
Page 7
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD
RPD
20U
-N-D TPD
5. Greenhouses,
hothouses and the
like. Minimum
property line
setbacks shall be
20 feet. With a total
gross floor area per
lot:
- Less than 1,000
sq. ft.
ZC ZC ZC ZC
- 1,001—20,000 sq.
ft.
AP AP AP AP
- > 20,000 sq. ft. CUP CUP
6. Kennels and
catteries (domestic)
see Chapter 17.28
CUP CUP CUP CUP
7. Wholesale
nurseries, tree
farms and
ornamental plant
farms including
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
535
Ordinance No. 497
Page 8
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD
RPD
20U
-N-D TPD
11. Industrial hemp
warehousing, and
manufacturing and
processing
D. Accessory and
Miscellaneous
Uses
1. Animal keeping
as an accessory
use when the
primary use is
residential in
accordance with the
requirements of
Chapter 17.28
a. Apiculture
(*minimum lot size:
five [5] acres)
ZC ZC AP
b. Aviaries
(*minimum lot size:
five [5] acres)
AP AP AP AP
c. Farm animals
including horses
and ponies subject
to the requirements
of Chapter 17.28
NZC NZC NZC NZC NZC NZC
d. Pet animals are
allowed in all zones
subject to the
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
536
Ordinance No. 497
Page 9
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD
RPD
20U
-N-D TPD
b. Fences and walls
less than six (6)
feet and retaining
walls less than
three (3) feet in
height, paving and
decks when
constructed lower
than thirty (30)
inches above the
immediate
surrounding natural
grade
NZC NZC NZC NZC NZC NZC NZC NZC NZC
c. Fences and walls
greater than six (6)
feet and retaining
walls greater than
three (3) feet in
height, paving and
decks when
constructed higher
than thirty (30)
inches above the
immediate
surrounding natural
grade
ZC ZC ZC ZC ZC ZC ZC ZC ZC
d. Swimming,
wading, ornamental
pools, or spas
where a building
permit is required
ZC ZC ZC ZC ZC ZC ZC ZC ZC
e. Swimming,
wading, ornamental
pools, or spas
where a building
permit is not
required
NZC NZC NZC NZC NZC NZC NZC NZC NZC
3. Antenna or flag
pole, ground
mounted, non-
commercial
a. <35 feet high AP AP AP AP AP AP AP AP AP
537
Ordinance No. 497
Page 10
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD
RPD
20U
-N-D TPD
b. >35 feet high CUP CUP CUP CUP CUP CUP CUP CUP CUP
4. Dwelling,
caretaker
AP AP AP AP AP AP AP AP AP
5. Dwellings, farm
labor in accordance
with the
requirements of
Chapter 17.28
ZC ZC ZC ZC
6. Home occupation
when conducted in
an existing single-
family home and
consistent with the
requirements of
Chapter 17.28
(Including industrial
hemp product retail
sales)
NZC NZC NZC NZC NZC NZC NZC NZC NZC
7. Maintenance and
minor repair to
buildings involving
structural
alterations
ZC ZC ZC ZC ZC ZC ZC ZC ZC
8. Temporary
motion picture,
television, or still
photography
production (and
related activities
and structures) in
accordance with
Section 17.28.120
TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP
9. Mobilehomes or
recreation vehicle
as temporary
dwelling on the site
of an active building
permit during
construction
TUP TUP TUP TUP TUP TUP TUP TUP TUP
538
Ordinance No. 497
Page 11
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD
RPD
20U
-N-D TPD
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 (Pub
lic 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
539
Ordinance No. 497
Page 12
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD
RPD
20U
-N-D TPD
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
TUP TUP TUP TUP TUP TUP TUP TUP TUP
540
Ordinance No. 497
Page 13
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD
RPD
20U
-N-D TPD
16. Delivery of adult
use or medicinal
cannabis, including,
but not limited to,
deliveries from
mobile
dispensaries,
except for deliveries
of medicinal
cannabis from a
patient’s primary
caregiver to a
qualified patient, as
those terms are
defined in state law,
and transporting
cannabis through
the jurisdictional
limits of the city for
delivery to a person
located outside the
city, where such
transport does not
involve delivery
within the
jurisdictional limits
of the city
17. Indoor personal
cultivation of
cannabis of up to 6
plants per private
residence when
consistent
with Health and
Safety
Code Section
11362.2 (Outdoor
personal cultivation
of cannabis is
prohibited)
NZC NZC NZC NZC NZC NZC NZC NZC NZC NZC
541
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 C-O C-1
CPD
C-2
C-
OT M-1 M-2 I
A. Retail and Service Uses
1. Adult businesses when in compliance with
Sections 17.24.040(N), 17.78.050 and
Chapter 5.18
ZC ZC
2. Alcoholic beverage sales for off-site
consumption when in conjunction with another
city-approved retail or service use other than
automobile service station or liquor store
a. Beer and/or wine (*if within one hundred
[100] feet of a residentially zoned property a
conditional use permit is required)
CUP AP* AP* AP* AP*
b. Beer, wine and other alcoholic beverages CUP CUP CUP CUP CUP
3. Automobile/light truck/motorcycle
a. Brakes, oil changes, tires and shock sales
and installation, tune-ups and other light
service and repair (with or without hydraulic
lifts) (*if within one hundred [100] feet of a
residentially zoned property a conditional use
permit is required)
CUP AP* AP* AP*
b. Car washes, self-service or automatic with
or without automotive services stations CUP CUP
c. Engine rebuilding, transmission repair,
steam cleaning, auto body, painting CUP CUP
d. Parts and supplies ZC ZC ZC ZC
e. Rental AP AP AP
f. Sales, with or without service and parts CUP CUP CUP
g. Service stations with or without mini-marts
and with or without beer and wine sales for
off-site consumption
CUP CUP
4. Body piercing and/or tattoo CUP
542
Ordinance No. 497
Page 15
Zones C-O C-1
CPD
C-2
C-
OT M-1 M-2 I
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 not to be in conflict with
parking, vehicle or pedestrian circulation
ZC ZC ZC ZC ZC ZC
543
Ordinance No. 497
Page 16
Zones C-O C-1
CPD
C-2
C-
OT M-1 M-2 I
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*
544
Ordinance No. 497
Page 17
Zones C-O C-1
CPD
C-2
C-
OT M-1 M-2 I
23. Retail sales in the M-1 and M-2 zone
limited to a maximum of 20% of the gross floor
area of the building in which it is located. In an
industrial complex the 20% shall be computed
on the basis of the cumulative total floor area
of the industrial planned development (IPD)
AP AP
24. Retail sales (temporary) in the M-1 and M-
2 zones. Issuance of a temporary use permit
shall take the place of a zoning clearance
TUP TUP
25. Thrift stores, secondhand shops,
consignment stores when in compliance with
Chapter 5.32
AP AP
26. Tobacco sales
a. Retail smoking products stores, as defined
in Chapter 8.32 CUP
b. Sale of tobacco products and electronic
cigarette (vaping) products from retail
establishments other than retail smoking
products stores
AP AP AP AP
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
545
Ordinance No. 497
Page 18
Zones C-O C-1
CPD
C-2
C-
OT M-1 M-2 I
a. Industrial hemp research and testing
laboratory CUP CUP
3. Professional and administrative offices,
including, but not limited to: accounting,
advertising agencies, chiropractic, collection
services; dental, direct mail marketing
companies, employment agencies,
engineering services, insurance, investment;
medical, optical and related health services;
planning services, real estate services;
secretarial services, travel agencies, and uses
which the community development director
determines to be similar when in compliance
with Section 17.20.030
ZC ZC ZC ZC ZC ZC
4. Veterinary offices and animal hospitals
a. Without boarding (keeping of animals
indoors and on-site for medical purposes shall
not be considered boarding)
AP AP AP AP AP AP
b. With boarding indoors or outdoors CUP CUP CUP
5. Massage establishments when in
compliance with Chapter 5.48 of the Moorpark
Municipal Code
a. Massage establishments with 4 or more
massage stations, or where 20% or more of
the floor area is dedicated to massage
services (Only permitted in the CPD Zone)
CUP
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
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Ordinance No. 497
Page 19
Zones C-O C-1
CPD
C-2
C-
OT M-1 M-2 I
4. Manufacturing and assembly including, but
not limited to, appliances, cabinets, cleaners,
clothing, computers, cosmetics, detergents,
electronics, furniture, leather products,
machinery, medical and scientific instruments,
paper, perfumes, pharmaceuticals,
photographic and optical goods, plastic
products, signs and advertising displays,
soap, textiles and other uses which the
community development director determines
to be similar when in compliance with
Section 17.20.030 (*if within 100 feet of a
residentially zoned property an administrative
permit is required)
ZC* ZC*
5. Outdoor storage when in conjunction with a
city approved use and when all storage is
screened by an 8-foot high masonry wall
architecturally matched to the structure (*if
within 100 feet of a residentially zoned
property a conditional use permit is required)
CUP AP* AP*
6. Self-storage or mini-storage when not
located on parcels adjacent to arterial roads or
freeways as shown on the Moorpark
Circulation Element Highway Network Map
and with or without a caretaker dwelling
CUP CUP
7. Warehousing AP AP
8. Welding AP AP
9. Industrial hemp warehousing, and
manufacturing and processing (*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.
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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:
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;
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 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 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;
548
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.
549