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HomeMy WebLinkAboutAGENDA REPORT 2024 0103 CCSA REG ITEM 08BCITY OF MOORPARK, CALIFORNIA City Council Meeting of January 3, 2024 ACTION APPROVED STAFF RECOMMENDATION, INCLUDING INTRODUCTION OF ORDINANCE NO. 521. (ROLL CALL VOTE: UNANIMOUS) BY A. Hurtado. B. Consider an Ordinance Approving Zoning Ordinance Amendment No. 2023-03 to Comply with Business and Professions Code Section 26320 et seq (Senate Bill 1186 (2022)), Including Adding Chapter 8.65 (Commercial Cannabis Activity Prohibited), Modifying Chapters 17.08 (Definitions), Table 17.20.050(D), Table 17.20.060(A), and 17.20.070(A) and (D) of the Moorpark Municipal Code to Clarify the Prohibition of Commercial Cannabis Activity Throughout the City, Except to Allow Licensed Nonstorefront Retail (Delivery Only) Medicinal Cannabis Businesses as a Conditionally Permitted Use Within the M-1 Zone Subject to Location Criteria and Make a Determination of Exemption Pursuant to the California Environmental Quality Act in Connection Therewith. Planning Commission Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Introduce Ordinance No. 521: a) making a determination of exemption pursuant to the California Environmental Quality Act; and b) approving Zoning Ordinance Amendment No. 2023-03 for first reading, waive full reading, and place this Ordinance on the agenda for January 17, 2024, for the purposes of providing a second reading and adoption of the Ordinance. (Staff: Doug Spondello, Deputy Community Development Director) (ROLL CALL VOTE REQUIRED) Item: 8.B. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Carlene Saxton, Director of Community Development BY: Doug Spondello, AICP, Deputy Community Development Director DATE: 01/03/2024 Regular Meeting SUBJECT: Consider an Ordinance Approving Zoning Ordinance Amendment No. 2023-03 to Comply with Business and Professions Code Section 26320 et seq (Senate Bill 1186 (2022)), Including Adding Chapter 8.65 (Commercial Cannabis Activity Prohibited), Modifying Chapters 17.08 (Definitions), Table 17.20.050(D), Table 17.20.060(A), and 17.20.070(A) and (D) of the Moorpark Municipal Code to Clarify the Prohibition of Commercial Cannabis Activity Throughout the City, Except to Allow Licensed Nonstorefront Retail (Delivery Only) Medicinal Cannabis Businesses as a Conditionally Permitted Use Within the M-1 Zone Subject to Location Criteria and Make a Determination of Exemption Pursuant to the California Environmental Quality Act in Connection Therewith BACKGROUND In 2022 the Governor signed Senate Bill 1186 (Attachment 1), which was codified in Business and Professions Code as Section 26320 et seq (hereinafter referred to as “SB 1186”). Effective on January 1, 2024, this law precludes cities from imposing or maintaining regulations that prohibit the delivery of medicinal cannabis to authorized patients within a city. Furthermore, SB 1186 precludes public agencies from completely prohibiting the establishment of a physical premises for the retail sale of medicinal cannabis by delivery (also known as nonstorefront retail) within their jurisdictions. Local jurisdictions are prohibited from imposing any regulations that would limit: 1. The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction; 2. The operating hours of medicinal cannabis businesses; 3. The number or frequency of sales by delivery of medicinal cannabis; 4. The types or quantities of medicinal cannabis authorized to be sold by delivery; and Item: 8.B. 389 Honorable City Council 01/03/2024 Regular Meeting Page 2 5.The establishment of at least one physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer. The City of Moorpark currently restricts all types of cannabis businesses, including the delivery of medicinal cannabis and does not permit any locations for the retail sale of medicinal cannabis by delivery. Therefore, the proposed actions associated with this Zoning Ordinance Amendment revise the Code to comply with state law, while maintaining the ability of the City to responsibly regulate these uses pursuant to SB 1186. It is important to note that staff is not aware of any pending applications nor public inquiries to establish this use in Moorpark to-date. On December 19, 2023, the Planning Commission considered Zoning Ordinance Amendment No. 2023-03 and adopted Resolution No. PC-2023-704 (Attachment 3) recommending that the City Council adopt an Ordinance approving this Zoning Ordinance Amendment. No public comments were provided at the hearing. DISCUSSION The proposed changes to the Municipal Code necessary to secure compliance with SB 1186 are summarized below and also included as Attachment 4, Exhibit A. Chapter 8 (Health and Safety) - The following additions are proposed to Chapter 8 to address commercial cannabis businesses and delivery operations Citywide. These changes consolidate regulations regarding cannabis that apply Citywide that are currently located only within the Zoning Code. Therefore, this change clearly indicates that activities associated with cannabis may not be conducted in the City at-large beyond the scope of particular properties or zones. Chapter 8.65 Commercial Cannabis Activity Prohibited 8.65.010 - Prohibition on commercial cannabis activity, facilities, and cannabis deliveries. A. Commercial cannabis activity, as defined by Chapter 17.08, is prohibited in all zones in the City. No person or entity may establish or operate a commercial cannabis facility within city limits. A property owner may not allow its property to be used by any person or entity as a commercial cannabis facility. B.Notwithstanding paragraph A, the establishment of a physical premises for nonstorefront retail (delivery only) medicinal cannabis businesses, as defined by Chapter 17.08, may be permitted, subject to Table 17.20.060(D)(10)(b), with a CUP in the M-1 zone only when any property line at the proposed location is more than 600 feet from the nearest property line of any existing residentially-zoned property, school, park, licensed daycare facility or youth center, or religious facility. C.Notwithstanding paragraph A, the delivery of cannabis to any person within the City limits is prohibited, except for deliveries of medicinal cannabis to a medicinal cannabis patient or their 390 Honorable City Council 01/03/2024 Regular Meeting Page 3 primary caregivers by licensed medicinal cannabis businesses 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. D. This chapter shall not prohibit any commercial cannabis activity that the City is required by State law to permit within its jurisdiction pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) as codified in Division 10 of the Business and Professions Code, or other law, as the same may be amended from time to time. Chapter 17.08 (Definitions) - Additions are proposed to include definitions for the following terms in the Zoning Code in a manner that is consistent with state law. “Medicinal cannabis” means medicinal cannabis or medicinal cannabis products, as those terms are defined in Section 26001 of the Business and Professions Code. “Medicinal cannabis business” means a retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to a Medicinal License (M-license) issued by the State of California. “Medicinal cannabis patient” means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code. “Nonstorefront retail (delivery only) medicinal cannabis business” means a medicinal cannabis businesses conducting business exclusively by delivery to medicinal cannabis patients or their primary caregivers that is closed to the public pursuant to a Type 9 retail license with an M- designation issued by the State of California. For reference, Chapter 17.08 already defines “commercial cannabis activity” as: “Commercial cannabis activity” includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products, and includes the activities of any business licensed by the state under Division 10 of the Business and Professions Code. Table 17.20.050 (Permitted Uses in Open Space, Agricultural, Residential and Special Purpose Zones) - Modifications are proposed to Table 17.20.050(D)(18) to remove rather complicated existing language related to deliveries that will now be addressed with the changes to Chapter 8, and instead clarify existing prohibitions regarding commercial cannabis activity within these zones. 391 Honorable City Council 01/03/2024 Regular Meeting Page 4 PERMITTED USES IN OPEN SPACE, AGRICULTURAL, RESIDENTIAL, AND SPECIAL PURPOSE ZONES — = Not Permitted P = Permitted AP = Administrative Permit ZC = Permitted by Zoning Clearance TUP = Permitted by Temporary Use Permit CUP = Permitted by Conditional Use Permit Zones O-S A-E R-A R-E R-L R-1 R- 2 R-3 TPD D.Accessory and Miscellaneous Uses 18.Commercial Cannabis Activity Delivery of adult use or medicinal cannabis, including, but not limited to, deliveries from mobile dispensaries, except for deliveries of medicinal cannabis to a medicinal cannabis patient or their primary caregivers by licensed medicinal cannabis businesses, 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 — — — — — — — — — Table 17.203.060 (Permitted Uses in Commercial and Industrial Zones) - Changes to the table below further clarify that commercial cannabis is prohibited in commercial and industrial zones, except for the required allowance of nonstorefront retail (delivery only) medicinal cannabis businesses. As proposed, this use would be allowed within the M-1 industrial zone with an approved Conditional Use Permit (CUP) and only when the property maintains required setbacks from established sensitive uses. A preliminary map indicating areas of the City zoned M-1 which are distanced appropriately from sensitive uses is provided in Attachment 2. 392 Honorable City Council 01/03/2024 Regular Meeting Page 5 Table 17.20.060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES — = Not Permitted P = Permitted AP = Administrative Permit ZC = Permitted by Zoning Clearance TUP = Permitted by Temporary Use Permit CUP = Permitted by Conditional Use Permit Zones C-O C-1 C-P-D/ C-2 C-OT M-1 M-2 I I-F A.Retail and Service Uses 10.Commercial Cannabis Activity a.Prohibited in all zones, except as required by state law, as provided in “b” below — — — — — — — — b. Nonstorefront retail (delivery only) medicinal cannabis business in a physical premises only when any property line at the proposed location is more than 600 feet from the nearest property line of any existing residentially- zoned property, school, park, licensed daycare facility or youth center, or place of religious assembly. — — — — CUP — — — The proposed delivery service required by SB 1186 would typically involve closed warehouse and distribution facilities where medicinal marijuana products are stored and distributed to patients by licensed staff. These businesses would distribute medication by delivery only; customers or retail sale at these premises are specifically prohibited. Pursuant to SB 1186, the City may consider the specific regulations when evaluating individual CUP applications, including zoning requirements that are not inconsistent with the law (as proposed); security or public health and safety requirements; and licensing requirements. Review of CUP applications for these facilities would include conditions recommended by Community Development and Police Department Staff related to ensure safety and security. Again, staff is not aware of any pending applications nor public inquiries to establish this use in Moorpark to-date. Nonstorefront retail medicinal cannabis businesses are also required to obtain a license from the State of California Department of Cannabis Control (DCC). The State has imposed additional regulations regarding the ownership, staffing, and operation of these businesses, similar to those related to alcohol administered by the Department of Alcoholic Beverage Control. Staff believes that many of these will address potential local concerns with the proposed use. A summary of select regulations imposed by the State DCC related to medicinal cannabis delivery is provided below for reference and as a 393 Honorable City Council 01/03/2024 Regular Meeting Page 6 supplement to any conditions that the City may impose on a CUP as authorized by SB 1186. §15000.1. General Requirements. Every person who conducts commercial cannabis activity shall obtain and maintain a valid license from the Department for each separate premises at which commercial cannabis activity is conducted. §15000.2. A- and M-Designations. (c)Licensees authorized to engage in retail sales shall only sell cannabis goods designated as “For Medical Use Only” to medicinal customers. §15000.3. Premises Requirements. (a)A licensed premises shall not be in a location that requires persons to pass through a business that sells alcohol or tobacco or a private residence to access the licensed premises. (b)A licensed premises shall not be in a location that requires persons to pass through the licensed premises to access a business that sells alcohol or tobacco or a private residence. (d)Licensees shall ensure that the Department has immediate access to their licensed premises. If the Department is denied access to a licensee’s premises for any reason, the licensee shall be held responsible and subject to discipline. If the Department is denied access to one licensee’s premises because of another licensee’s refusal to grant access when the only access to one licensed premises is through another licensed premises, all licensees shall be held responsible and subject to discipline. (e)Nothing in this section shall be interpreted to prohibit two or more licensed premises from occupying separate portions of the same parcel of land or sharing common use areas, such as a bathroom, breakroom, hallway, or building entrance. (f)All structures included as part of the licensed premises shall be permanent structures. Structures that are considered permanent structures include, but are not limited to, buildings, barns, sheds, shipping containers, and modular buildings. Structures that are not considered to be permanent structures include, but are not limited to, structures that rest on wheels or any structure that can be readily moved. (g)Personal cultivation of cannabis as permitted by Health and Safety Code section 11362.1 shall not occur on the licensed premises unless the local jurisdiction requires that all areas of the land parcel be included in the premises. If the local jurisdiction requires all areas of the land parcel be included, then the licensee may conduct personal cultivation in a separate and distinct area on the premises, which shall be identified on the premises diagram pursuant to section 15006. “Separate and distinct,” for purposes of this section, shall mean that the personally cultivated cannabis is cultivated, processed, and stored in a manner that clearly identifies it as personally cultivated cannabis and prevents it from coming into contact with commercially cultivated cannabis. (h)Notwithstanding any other provision of law, a licensed premises that is not in compliance with subsections (c) and (f) at the time this subsection becomes effective shall come into compliance within six months of the effective date of this subsection by submitting a premises modification in accordance with section 15027. Premises that must be modified to comply with this subsection shall not be subject to the premises modification fee specified in section 15014. Article 5. Security Measures §15042. Premises Access Requirements. (a)For a premises that is not open to the public, the licensee shall establish and implement an identification and sign-in/sign-out procedure for all persons accessing the premises, including authorized individuals, suppliers, and visitors. (b)Licensees shall ensure that only employees of the licensee and other authorized individuals access the licensed premises. 394 Honorable City Council 01/03/2024 Regular Meeting Page 7 (c)For the purpose of this section, “authorized individuals” include outside vendors, contractors, or other individuals conducting business that requires access to the licensed premises. (d) An individual who enters the licensed premises and is not employed by the licensee shall be escorted by an employee of the licensee at all times while within the licensed premises. (e) A licensee shall maintain a record of all authorized individuals who are not employees of the licensee who enter the licensed premises. The record shall include the name of the individual, the company the individual works for, the reason the individual entered the licensed premises, the date, and the times the individual entered and exited the licensed premises. These records shall be made available to the Department immediately upon request. (f)A licensee shall not receive consideration or compensation for permitting an individual to enter the licensed premises. §15044. Video Surveillance System. §15046. Locks. §15047. Alarm System. §15403. Hours of Operation. A licensed retailer shall sell and deliver cannabis goods only between the hours of 6:00 a.m. Pacific Time and 10:00 p.m. Pacific Time. §15403.1. Requirements While Not Open for Business. At any time the licensed premises is not open for retail sales, a licensed retailer shall ensure that: (a) The licensed premises is securely locked with commercial-grade, nonresidential door locks as required in section 15046 of this division; (b) The licensed premises is equipped with an active alarm system pursuant to section 15047 of this division, which shall be activated when the licensed retailer or its employees are not on the licensed premises; and (c)Only employees of the licensee and other authorized individuals are allowed access to the licensed premises. For the purposes of this section, authorized individuals include individuals employed by the licensee as well as any outside vendors, contractors, or other individuals conducting business that requires access to the licensed premises. §15404. Retail Customers. (Note: This section is included to outline who can receive retail sale by delivery of medicinal cannabis. It is not specifically related to storefront/walk-in retail operations) (b)A licensed retailer shall only sell medicinal cannabis goods to individuals who are at least 18 years of age and possesses a valid physician's recommendation after confirming the customer's age, identity, and physician's recommendation as required by subsection (c) of this section. (c) Acceptable forms of identification include the following: (1) A document issued by a federal, state, county, or municipal government, or a political subdivision or agency thereof, including, but not limited to, a valid motor vehicle operator's license, that contains the name, date of birth, height, gender, and photo of the person; (2) A valid identification card issued to a member of the Armed Forces that includes the person's name, date of birth, and photo; or (3) A valid passport issued by the United States or by a foreign government. §15414. Non-Storefront Retailer. (a) A non-storefront retailer licensee shall be authorized to conduct retail sales exclusively by delivery as defined in Business and Professions Code section 26001(o). (b)A complete application for a non-storefront retailer license shall include all the information required in an application for a retailer license. 395 Honorable City Council 01/03/2024 Regular Meeting Page 8 (c)A non-storefront retailer licensee shall comply with all the requirements applicable to retailer licensees, except for those provisions related to public access to the licensed premises and the retail area. (d)The licensed premises of a non-storefront retailer licensee shall be closed to the public. §15415 through §15421 provide regulations for deliveries, delivery employees, and vehicles. Table 17.20.070 (Permitted Uses in Mixed Use Zones) – Modifications are proposed to this Table to remove (A)(9) prohibiting commercial cannabis activity, as commercial cannabis activity is currently prohibited twice in this Table and (E)(10) will remain. Additional changes to (D)(16) removes existing language related to deliveries that will now be addressed with the changes to Chapter 8. Table 17.20.070 PERMITTED USES IN MIXED USE ZONES — = Not Permitted P = Permitted AP = Administrative Permit ZC = Permitted by Zoning Clearance TUP = Permitted by Temporary Use Permit CUP = Permitted by Conditional Use Permit Zones MUL MUM MUD A.Agricultural Uses (minimum lot size of 5 acres required) 9.Commercial cannabis activity except as provided in Table 17.20.050(D)(18) and (19) — — — D.Accessory and Miscellaneous Uses 16.Delivery of adult use or medicinal cannabis, including, but not limited to, deliveries from mobile dispensaries, except for deliveries of medicinal cannabis to a medicinal cannabis patient or their primary caregivers by licensed medicinal cannabis business, 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. — — — GENERAL PLAN CONSISTENCY This action is also consistent with the goals and policies of General Plan 2050, as outlined in the Draft Ordinance (Attachment 4). 396 Honorable City Council 01/03/2024 Regular Meeting Page 9 ENVIRONMENTAL DETERMINATION The Community Development Director has reviewed this project and found it to be exempt from CEQA in accordance with Sections 15060(c)(2) and 15061(c)(3) of the State CEQA Guidelines because the proposed action would not result in a direct or reasonably foreseeable indirect physical change to the environment and CEQA only applies to projects which have the potential for causing a significant effect on the environment. Therefore, no further environmental analysis is required pursuant to CEQA. PUBLIC NOTICING Staff has provided the required noticing associated with the Zoning Code Update hearing in accordance with State Law. This included a 1/8-page notice of public hearing published in the Ventura County Star on December 24, 2023. Supplemental notification was also posted on the City website. FISCAL IMPACT No fiscal impacts are associated with this action. CITY COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. PLANNING COMMISSION RECOMMENDATION (ROLL CALL VOTE REQUIRED) 1. Open the public hearing, accept public testimony, and close the public hearing; and 2. Introduce Ordinance No. ____: a) making a determination of exemption pursuant to the California Environmental Quality Act; and b) approving Zoning Ordinance Amendment No. 2023-03 for first reading, waive full reading, and place this Ordinance on the agenda for January 17, 2024, for the purposes of providing a second reading and adoption of the Ordinance. Attachment 1: SB 1186 Medicinal Cannabis Patient’s Right of Access Act Attachment 2: Preliminary Map of Parcels Eligible for Nonstorefront Retail (delivery only) Medicinal Cannabis Businesses Attachment 3: Planning Commission Resolution No. PC-2023-704 Attachment 4: Draft Ordinance, including Exhibit A: Zoning Ordinance Amendment Text 397 SHARE THIS:Date Published: 09/20/2022 02:00 PM SB-1186 Medicinal Cannabis Patients’ Right of Access Act.(2021-2022) Senate Bill No. 1186 CHAPTER 395 An act to amend Section 26200 of, and to add Chapter 26 (commencing with Section 26320) to Division 10 of, the Business and Professions Code, relating to cannabis. [ Approved by Governor September 18, 2022. Filed with Secretary of State September 18, 2022. ] LEGISLATIVE COUNSEL'S DIGEST SB 1186, Wiener. Medicinal Cannabis Patients’ Right of Access Act. Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by Proposition 215 at the November 6, 1996, statewide general election, declares that its purpose is, among other things, to ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes, as specified, and exempts from state criminal liability certain patients and their primary caregivers who possess or cultivate marijuana for the personal medical purposes of the patient. Existing law, known as the Medical Marijuana Program, establishes a voluntary registration program for qualified medicinal cannabis patients and their primary caregivers through a statewide identification card system maintained by the State Department of Public Health and sets forth guidelines for the possession of medicinal cannabis. The Control, Regulate and Tax Adult-Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, established a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana. AUMA reserved to a local jurisdiction specified powers regarding commercial adult-use cannabis activity, including adopting and enforcing local ordinances regulating commercial adult-use cannabis activity. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, including the retail sale of medicinal cannabis. This bill would enact the Medicinal Cannabis Patients’ Right of Access Act, which, on and after January 1, 2024, would prohibit a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses, as defined, or that has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers in a timely and readily accessible manner and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, as specified. The bill, on and after January 1, 2024, would provide that the act may be enforced by an action for writ of mandate brought by a medicinal cannabis patient or their primary caregiver, a medicinal cannabis business, the Attorney General, or any other party otherwise authorized by law. Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites ATTACHMENT 1 398 This bill would incorporate additional changes to Section 26200 of the Business and Professions Code proposed by AB 2210 to be operative only if this bill and AB 2210 are enacted and this bill is enacted last. To the extent this bill would impose additional duties on local jurisdictions, the bill would impose a state- mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 26200 of the Business and Professions Code is amended to read: 26200. (a) (1) Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under this division, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction. (2)Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit existing local authority for law enforcement activity, enforcement of local zoning requirements or local ordinances, or enforcement of local license, permit, or other authorization requirements. (b)This division shall not be interpreted to require the department to undertake local law enforcement responsibilities, enforce local zoning requirements, or enforce local licensing, permitting, or other authorization requirements. (c)A local jurisdiction shall notify the department upon revocation of any local license, permit, or authorization for a licensee to engage in commercial cannabis activity within the local jurisdiction. Within 60 days of being so informed, the department shall begin the process to determine whether a license issued to the licensee should be suspended or revoked pursuant to Chapter 3 (commencing with Section 26030). (d)For facilities issued a state license that are located within the incorporated area of a city, the city shall have full power and authority to enforce this division and the regulations promulgated by the department, if delegated by the state. Notwithstanding Sections 101375, 101400, and 101405 of the Health and Safety Code or any contract entered into pursuant thereto, or any other law, the city shall assume complete responsibility for any regulatory function pursuant to this division within the city limits that would otherwise be performed by the county or any county officer or employee, including a county health officer, without liability, cost, or expense to the county. (e)(1) This division does not prohibit the issuance of a state temporary event license to a licensee authorizing onsite cannabis sales to, and consumption by, persons 21 years of age or older at a county fair event, district agricultural association event, or at another venue expressly approved by a local jurisdiction for the purpose of holding temporary events of this nature, provided that the activities, at a minimum, comply with all the following: (A)The requirements of paragraphs (1) to (3), inclusive, of subdivision (g). (B)All participants who are engaged in the onsite retail sale of cannabis or cannabis products at the event are licensed under this division to engage in that activity. (C)The activities are otherwise consistent with regulations promulgated and adopted by the department governing state temporary event licenses. (D)A state temporary event license shall only be issued in local jurisdictions that authorize such events. 399 (E) A licensee who submits an application for a state temporary event license shall, 60 days before the event, provide to the department a list of all licensees that will be providing onsite sales of cannabis or cannabis products at the event. If any changes occur in that list, the licensee shall provide the department with a final updated list to reflect those changes. A person shall not engage in the onsite retail sale of cannabis or cannabis products, or in any way participate in the event, who is not included in the list, including any updates, provided to the department. (2) The department may impose a civil penalty on any person who violates this subdivision, or any regulations adopted by the department governing state temporary event licenses, in an amount up to three times the amount of the license fee for each violation, consistent with Sections 26018 and 26038. (3) The department may require the event and all participants to cease operations without delay if in the opinion of the department or local law enforcement it is necessary to protect the immediate public health and safety of the people of the state. The department may also require the event organizer to immediately expel from the event any participant selling cannabis or cannabis products without a license from the department that authorizes the participant to sell cannabis or cannabis products. If the unlicensed participant does not leave the event, the department may require the event and all participants to cease operations immediately. (4) The order by the department for the event to cease operations pursuant to paragraph (3) does not entitle the event organizer or any participant in the event to a hearing or an appeal of the decision. Chapter 3 (commencing with Section 490) of Division 1.5 and Chapter 4 (commencing with Section 26040) of this division shall not apply to the order by the department for the event to cease operations pursuant to paragraph (3). (5) The smoking of cannabis or cannabis products at temporary events authorized pursuant to this subdivision is prohibited in locations where smoking is prohibited. For purposes of this section, “smoking” has the same meaning as defined in subdivision (c) of Section 22950.5. (f) This division, or any regulations promulgated thereunder, shall not be deemed to limit the authority or remedies of a city, county, or city and county under any provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution. (g) Notwithstanding paragraph (1) of subdivision (a) of Section 11362.3 of the Health and Safety Code, a local jurisdiction may allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness licensed under this division if all of the following are met: (1) Access to the area where cannabis consumption is allowed is restricted to persons 21 years of age or older. (2) Cannabis consumption is not visible from any public place or nonage-restricted area. (3) Sale or consumption of alcohol or tobacco is not allowed on the premises. (h) This division shall not be interpreted to supersede Section 6404.5 of the Labor Code. SEC. 1.5. Section 26200 of the Business and Professions Code is amended to read: 26200. (a) (1) Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under this division, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction. (2) Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit existing local authority for law enforcement activity, enforcement of local zoning requirements or local ordinances, or enforcement of local license, permit, or other authorization requirements. (b) This division shall not be interpreted to require the department to undertake local law enforcement responsibilities, enforce local zoning requirements, or enforce local licensing, permitting, or other authorization requirements. (c) A local jurisdiction shall notify the department upon revocation of any local license, permit, or authorization for a licensee to engage in commercial cannabis activity within the local jurisdiction. Within 60 days of being so 400 informed, the department shall begin the process to determine whether a license issued to the licensee should be suspended or revoked pursuant to Chapter 3 (commencing with Section 26030). (d) For facilities issued a state license that are located within the incorporated area of a city, the city shall have full power and authority to enforce this division and the regulations promulgated by the department, if delegated by the state. Notwithstanding Sections 101375, 101400, and 101405 of the Health and Safety Code or any contract entered into pursuant thereto, or any other law, the city shall assume complete responsibility for any regulatory function pursuant to this division within the city limits that would otherwise be performed by the county or any county officer or employee, including a county health officer, without liability, cost, or expense to the county. (e) (1) This division does not prohibit the issuance of a state temporary event license to a licensee authorizing onsite cannabis sales to, and consumption by, persons 21 years of age or older at a county fair event, district agricultural association event, or at another venue expressly approved by a local jurisdiction for the purpose of holding temporary events of this nature, provided that the activities, at a minimum, comply with all the following: (A) The requirements of paragraphs (1) to (3), inclusive, of subdivision (g). (B) All participants who are engaged in the onsite retail sale of cannabis or cannabis products at the event are licensed under this division to engage in that activity. (C) The activities are otherwise consistent with regulations promulgated and adopted by the department governing state temporary event licenses, except as otherwise provided in paragraphs (6), (7), and (8). (D) A state temporary event license shall only be issued in local jurisdictions that authorize such events. (E) A licensee who submits an application for a state temporary event license shall, 60 days before the event, provide to the department a list of all licensees that will be providing onsite sales of cannabis or cannabis products at the event. If any changes occur in that list, the licensee shall provide the department with a final updated list to reflect those changes. A person shall not engage in the onsite retail sale of cannabis or cannabis products, or in any way participate in the event, who is not included in the list, including any updates, provided to the department. (2) The department may impose a civil penalty on any person who violates this subdivision, or any regulations adopted by the department governing state temporary event licenses, in an amount up to three times the amount of the license fee for each violation, consistent with Sections 26018 and 26038. (3) The department may require the event and all participants to cease operations without delay if in the opinion of the department or local law enforcement it is necessary to protect the immediate public health and safety of the people of the state. The department may also require the event organizer to immediately expel from the event any participant selling cannabis or cannabis products without a license from the department that authorizes the participant to sell cannabis or cannabis products. If the unlicensed participant does not leave the event, the department may require the event and all participants to cease operations immediately. (4) The order by the department for the event to cease operations pursuant to paragraph (3) does not entitle the event organizer or any participant in the event to a hearing or an appeal of the decision. Chapter 3 (commencing with Section 490) of Division 1.5 and Chapter 4 (commencing with Section 26040) of this division shall not apply to the order by the department for the event to cease operations pursuant to paragraph (3). (5) The smoking of cannabis or cannabis products at temporary events authorized pursuant to this subdivision is prohibited in locations where smoking is prohibited. For purposes of this section, “smoking” has the same meaning as defined in subdivision (c) of Section 22950.5. (6) (A) All licensees who are issued a state temporary event license allowed pursuant to this subdivision may, upon completion or cessation of the temporary event, reconcile unsold inventory of cannabis or cannabis products and return it to the licensee’s retail premises. (B) All unsold inventory of cannabis or cannabis products from the temporary event shall be noted in track and trace prior to transport. (C) All unsold inventory of cannabis or cannabis products from the temporary event shall be in its original packaging in which it was placed pursuant to Chapter 12 (commencing with Section 26120).401 (7)The inventory of cannabis or cannabis products authorized to be sold by a state temporary event license pursuant to this subdivision shall only be transported to and from the temporary event by a licensed distributor or licensed microbusiness. (8)The department shall not deny an application for a state temporary event license pursuant to this subdivision solely on the basis that there is a license issued pursuant to the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000)) for the proposed premises of the event. Furthermore, the Department of Alcoholic Beverage Control shall not take any disciplinary action against a person licensed pursuant to the Alcoholic Beverage Control Act on the basis of a state temporary event license issued by the department to a licensee pursuant to this subdivision that utilizes the same premises as the person licensed pursuant to the Alcoholic Beverage Control Act. (A)All on- and off-sale privileges of alcoholic beverages at the venue shall be suspended for the day of the event and shall not resume until 6 a.m. on the day after the event has ended. (B)Alcohol consumption on the venue premises shall be strictly prohibited for the day of the event and shall not resume until 6 a.m. on the day after the event has ended. (f)This division, or any regulations promulgated thereunder, shall not be deemed to limit the authority or remedies of a city, county, or city and county under any provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution. (g)Notwithstanding paragraph (1) of subdivision (a) of Section 11362.3 of the Health and Safety Code, a local jurisdiction may allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness licensed under this division if all of the following are met: (1)Access to the area where cannabis consumption is allowed is restricted to persons 21 years of age or older. (2)Cannabis consumption is not visible from any public place or nonage-restricted area. (3)Sale or consumption of alcohol or tobacco is not allowed on the premises. (h)This division shall not be interpreted to supersede Section 6404.5 of the Labor Code. (i)This section does not alter or affect the prohibition on the sale of alcoholic beverages by a licensee, as provided in Section 26054, on or at a venue premises licensed under this division. SEC. 2. Chapter 26 (commencing with Section 26320) is added to Division 10 of the Business and Professions Code, to read: CHAPTER 26. Medicinal Cannabis Patients’ Right of Access Act 26320. The Legislature finds and declares as follows: (a)Access to medicinal cannabis is an integral aspect of access to health care, and eliminating barriers to medicinal cannabis access is essential to promoting and preserving the health of Californians for whom physicians have recommended the use of cannabis or cannabis products. (b)It is the policy of the state and the intent of the Legislature to ensure that Californians throughout the state have timely and convenient access to safe, effective, and affordable medicinal cannabis. 26321. (a) This act shall be known, and may be cited, as the Medicinal Cannabis Patients’ Right of Access Act. (b)For purposes of this chapter: (1)“Medicinal cannabis” means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (ai) of Section 26001. (2)“Medicinal cannabis business” means a retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license. (3)“Medicinal cannabis patient” means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code. 402 (4)“Regulation” means a local ordinance, regulation, policy, or practice. 26322. (a) A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery of medicinal cannabis: (1)The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction. (2)The operating hours of medicinal cannabis businesses. (3)The number or frequency of sales by delivery of medicinal cannabis. (4)The types or quantities of medicinal cannabis authorized to be sold by delivery. (5)The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established. (b)Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery of medicinal cannabis, including, but not limited to, reasonable regulations related to: (1)Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement. (2)Security or public health and safety requirements. (3)Licensing requirements. (4)The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction. (5)Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division. (c)Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery of medicinal cannabis in the local jurisdiction. (d)This section shall become operative on January 1, 2024. 26323. (a) This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure: (1)A medicinal cannabis patient or their primary caregiver who seeks to purchase medicinal cannabis or medicinal cannabis products within the local jurisdiction. (2)A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction. (3)The Attorney General. (4)Any other party otherwise authorized by law. (b)This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure. 403 (c) This section shall become operative on January 1, 2024. 26324. Nothing in this chapter shall be construed to limit or otherwise affect the ability or right of a local jurisdiction to regulate adult-use cannabis pursuant to Section 26200. 26325. This chapter addresses a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution. SEC. 3. Section 1.5 of this bill incorporates amendments to Section 26200 of the Business and Professions Code proposed by both this bill and Assembly Bill 2210. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 26200 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 2210, in which case Section 1 of this bill shall not become operative. SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. 404 Attachment 2 – Preliminary Map of Parcels Eligible for Nonstorefront Retail (delivery only) Medicinal Cannabis Businesses Eligible Parcels Shown in Blue ATTACHMENT 2 405 RESOLUTION NO. PC-2023-704 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONING ORDINANCE AMENDMENT NO. 2023-03 TO COMPLY WITH BUSINESS AND PROFESSIONS CODE SECTION 26320 ET SEQ (SENATE BILL 1186 (2022)), INCLUDING ADDING CHAPTER 8.65 (COMMERCIAL CANNABIS ACTIVITY PROHIBITED), MODIFYING CHAPTERS 17.08 (DEFINITIONS), TABLE 17.20.050(D), TABLE 17.20.060(A), AND 17.20.070(A) AND (D) OF THE MOORPARK MUNICIPAL CODE TO CLARIFY THE PROHIBITION OF COMMERCIAL CANNABIS ACTIVITY THROUGHOUT THE CITY, EXCEPT TO ALLOW LICENSED NONSTOREFRONT RETAIL (DELIVERY ONLY) MEDICINAL CANNABIS BUSINESSES AS A CONDITIONALLY PERMITTED USE WITHIN THE M-1 ZONE SUBJECT TO LOCATION CRITERIA AND MAKE A DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IN CONNECTION THEREWITH. WHEREAS, the California Legislature has declared that it is the policy of the State and the intent of the Legislature to ensure that Californians have timely and convenient access to safe, effective, and affordable medicinal cannabis; and WHEREAS, as of January 1, 2024, Business and Professions Code Section 26320 et seq (Senate Bill 1186 (2022)) precludes the City from maintaining a complete prohibition on medicinal cannabis nonstorefront retail (delivery only) uses that operate from a physical premises in the City; and WHEREAS, the purpose of Zoning Ordinance Amendment No. 2023-03 is to implement State law and impose reasonable regulations regarding licensed nonstorefront retail (delivery only) medicinal cannabis businesses and to clarify existing regulations related to commercial cannabis activity to ensure the health and safety of all people within the City; and WHEREAS, at a duly noticed public hearing on December 19, 2023, the Planning Commission considered Zoning Ordinance Amendment No. 2023-03, including the agenda report and any supplements thereto and written public comments, opened the public hearing and took and considered public testimony both for and against the proposal, and reached a decision in this matter; and WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA) Sections 15060(c)(2) and 15061(c)(3), the Community Development Director has determined that Zoning Ordinance Amendment No. 2023-03 is exempt from environmental review because the proposed action would not result in a direct or reasonably foreseeable indirect physical change to the environment and CEQA applies only to projects which have the potential for causing a significant effect on the environment. Therefore no further environmental analysis is required pursuant to CEQA. ATTACHMENT 3 406 Resolution No. PC-2023-704 Page 2 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. RECITALS. The Planning Commission finds that all of the facts set forth in the Recitals to this Resolution are true and correct and incorporated herein. SECTION 2. FINDINGS AND EVIDENCE. The findings made in this Resolution are based upon the information and evidence set forth in the Recitals to this Resolution, the Zoning Ordinance Amendment No. 2023-03 (attached as Exhibit A and incorporated herein by this reference), and upon other substantial evidence that has been presented at the hearing and in the record of this proceeding. SECTION 3. ENVIRONMENTAL DETERMINATION: The Planning Commission concurs with the determination of the Community Development Director that Zoning Ordinance Amendment No. 2023-03 is exempt from environmental review pursuant to Sections 15060(c)(2) and 15061(c)(3) of the State CEQA Guidelines because the proposed action would not result in a direct or reasonably foreseeable indirect physical change to environment and CEQA applies only to projects which have the potential for causing a significant effect on the environment. Therefore, no further environmental analysis is required pursuant to CEQA. SECTION 4. MATERIALS ON FILE. Zoning Ordinance Amendment No. 2023-03, agenda reports, and other documents and materials that constitute the record of proceedings upon which this Resolution is based on, are on-file for public examination during normal business hours at the City of Moorpark Community Development Department, 799 Moorpark Avenue, Moorpark, California. Each of these documents is incorporated herein by reference in connection with making the findings and approvals taken by the Planning Commission in this Resolution. SECTION 5. GENERAL PLAN CONSISTENCY: Zoning Ordinance Amendment No. 2023-03 is consistent with the goals and policies of the General Plan 2050 and is found consistent with the requirements of the General Plan. Including, but not limited to, the following goals and policies: A.General Pan 2050 Implementation Program LU-I9 regarding “Zoning Ordinance Implementation” provides: “Require conformance of proposed development projects with the procedures, permitted uses, and development standards specified by the Municipal Code, Title 17 Zoning. Periodically, review and amend as necessary to ensure compliance with applicable state and federal regulations and relevance to state- of-the art practices and amendments/updates of the GP Land Use Plan and revise as needed to reflect General Plan and Housing Element.” The proposed Zoning Ordinance Amendment updates the Code to ensure compliance with Business and Professions Code Section 26320 et seq. 407 Resolution No. PC-2023-704 Page 3 B. General Pan 2050 Implementation Program LU-I10 regarding “Zoning Ordinance Implementation” provides: “Implement and periodically review and update Municipal Codes and Ordinances to ensure compliance the state and federal regulations and best practices including, but not limited to, adoption of state-of-the-art technologies, age-friendly, barrier-free development, sustainable development and infrastructure, reduction and resilience to the impacts of climate change, and other features that promote the health and safety of buildings.” The proposed Zoning Ordinance Amendment updates the Code to ensure compliance with Business and Professions Code Section 26320 et seq. C. General Pan 2050 Policy LU 1.1 provides: Accommodate growth that is consistent with community values and complements the scale and character of Moorpark’s residential neighborhoods, business districts, and natural environmental setting.” The proposed Zoning Ordinance Amendment precludes nonstorefront retail (delivery only) medicinal cannabis businesses from residential neighborhoods and includes provisions to ensure separations between nonstorefront retail (delivery only) medicinal cannabis businesses and defined sensitive uses within the M-1 zone with an approved Conditional Use Permit. D. General Plan 2050 Policy LU 6.1 provides: Require that development is located and designed to assure compatibility among land uses.” The proposed Zoning Ordinance Amendment includes provisions to ensure separations between nonstorefront retail (delivery only) medicinal cannabis businesses and defined sensitive uses within the M-1 zone with an approved Conditional Use Permit. The Conditional Use Permit approval requires findings regarding land use compatibility that are consistent with this Policy. E. General Plan 2050 Goal LU 16 provides: “A diversity of industrial uses that are located and designed in a compatible manner with surrounding land uses”. The proposed Zoning Ordinance Amendment includes provisions to ensure separations between nonstorefront retail (delivery only) medicinal cannabis businesses and defined sensitive uses within the M-1 zone with an approved Conditional Use Permit. The Conditional Use Permit approval requires findings regarding land use compatibility that are consistent with this Policy. SECTION 6. EVIDENCE IN THE RECORD. Prior to taking action, the Planning Commission has heard, been presented with, reviewed and considered the information and data in the record, including oral and written testimony presented for and during the public hearing. City staff has reviewed and analyzed the comments received on Zoning Ordinance Amendment No. 2023-03. SECTION 7. PLANNING COMMISSION RECOMMENDATION: Based on all the documents and other evidence presented in connection with this proceeding and in this Resolution, the Planning Commission recommends that the City Council approve Zoning Ordinance Amendment No. 2023-03. 408 Resolution No. PC-2023-704 Page 4 SECTION 8. FILING OF RESOLUTION: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioner Alva, Barrett, Di Cecco, and Hamalainen NOES: ABSTAIN: ABSENT: Chair Landis PASSED, AND ADOPTED this 19th day of December 2023. Kipp Landis Chair Carlene Saxton Community Development Director Attachments: EXHIBIT A: Zoning Ordinance Amendment No. 2023-03 Text 409 Resolution No. PC-2023-704 Page 5 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. 2023-03 DRAFT ZONING ORDINANCE AMENDMENT TEXT Chapter 8 (Health and Safety) of the Municipal Code shall be amended as shown below, where underlined indicates new text: Chapter 8.65 Commercial Cannabis Activity Prohibited 8.65.010 - Prohibition on commercial cannabis activity, facilities, and cannabis deliveries. A. Commercial cannabis activity, as defined by Chapter 17.08, is prohibited in all zones in the City. No person or entity may establish or operate a commercial cannabis facility within city limits. A property owner may not allow its property to be used by any person or entity as a commercial cannabis facility. B. Notwithstanding paragraph A, the establishment of a physical premises for nonstorefront retail (delivery only) medicinal cannabis businesses, as defined by Chapter 17.08, may be permitted, subject to Table 17.20.060(D)(10)(b), with a CUP in the M-1 zone only when any property line at the proposed location is more than 600 feet from the nearest property line of any existing residentially-zoned property, school, park, licensed daycare facility or youth center, or religious facility. C. Notwithstanding paragraph A, the delivery of cannabis to any person within the City limits is prohibited, except for deliveries of medicinal cannabis to a medicinal cannabis patient or their primary caregivers by licensed medicinal cannabis businesses 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. D. This chapter shall not prohibit any commercial cannabis activity that the City is required by State law to permit within its jurisdiction pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) as codified in Division 10 of the Business and Professions Code, or other law, as the same may be amended from time to time. Chapter 17.08 (Definitions) of the Municipal Code shall be amended as shown below, where underlined indicates new text: “Medicinal cannabis” means medicinal cannabis or medicinal cannabis products, as those terms are defined in Section 26001 of the Business and Professions Code. “Medicinal cannabis business” means a retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to a Medicinal License (M-license) issued by the State of California. “Medicinal cannabis patient” means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver 410 Resolution No. PC-2023-704 Page 6 for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code. “Nonstorefront retail (delivery only) medicinal cannabis business” means a medicinal cannabis businesses conducting business exclusively by delivery to medicinal cannabis patients or their primary caregivers that is closed to the public pursuant to a Type 9 retail license with an M- designation issued by the State of California. Table 17.20.050(D)(18) of the Municipal Code shall be amended as shown below, where underlined indicates new text and strikethrough indicates removed text: Table 17.20.050 PERMITTED USES IN OPEN SPACE, AGRICULTURAL, RESIDENTIAL, AND SPECIAL PURPOSE ZONES — = Not permitted P = Permitted AP = Administrative Permit ZC = Permitted by Zoning Clearance TUP = Permitted by Temporary Use Permit CUP = Permitted by Conditional Use Permit Zones O-S A-E R-A R-E R-L R-1 R-2 R-3 TPD D. Accessory and Miscellaneous Uses 18.Commercial Cannabis Activity Delivery of adult use or medicinal cannabis, including, but not limited to, deliveries from mobile dispensaries, except for deliveries of medicinal cannabis to a medicinal cannabis patient or their primary caregivers by licensed medicinal cannabis businesses, 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 — — — — — — — — — Table 17.20.060(A) of the Municipal Code shall be amended as shown below, where underlined indicates new text: 411 Resolution No. PC-2023-704 Page 7 Table 17.20.060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES — = Not permitted P = Permitted AP = Administrative Permit ZC = Permitted by Zoning Clearance TUP = Permitted by Temporary Use Permit CUP = Permitted by Conditional Use Permit Zones C-O C-1 C-P-D/ C-2 C-OT M-1 M-2 I I-F A.Retail and Service Uses 10.Commercial Cannabis Activity a.Prohibited in all zones, except as required by state law, as provided in “b” below — — — — — — — — b.Nonstorefront retail (delivery only) medicinal cannabis business in a physical premises only when any property line at the proposed location is more than 600 feet from the nearest property line of any existing residentially-zoned property, school, park, licensed daycare facility or youth center, or place of religious assembly. — — — — CUP — — — Table 17.20.070(A) and (D) of the Municipal Code shall be amended as shown below, where strikethrough indicates removed text: Table 17.20.070 PERMITTED USES IN MIXED USE ZONES — = Not permitted P = Permitted AP = Administrative Permit ZC = Permitted by Zoning Clearance TUP = Permitted by Temporary Use Permit CUP = Permitted by Conditional Use Permit Zones MUL MUM MUD A.Agricultural Uses (minimum lot size of 5 acres required) 9.Commercial cannabis activity except as provided in Table 17.20.050(D)(18) and (19) — — — D.Accessory and Miscellaneous Uses 412 Resolution No. PC-2023-704 Page 8 16.Delivery of adult use or medicinal cannabis, including, but not limited to, deliveries from mobile dispensaries, except for deliveries of medicinal cannabis to a medicinal cannabis patient or their primary caregivers by licensed medicinal cannabis business, 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. — — — 413 ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA APPROVING ZONING ORDINANCE AMENDMENT NO. 2023-03 TO COMPLY WITH BUSINESS AND PROFESSIONS CODE SECTION 26320 ET SEQ (SENATE BILL 1186 (2022)), INCLUDING ADDING CHAPTER 8.65 (COMMERCIAL CANNABIS ACTIVITY PROHIBITED), MODIFYING CHAPTERS 17.08 (DEFINITIONS), TABLE 17.20.050(D), TABLE 17.20.060(A), AND 17.20.070(A) AND (D) OF THE MOORPARK MUNICIPAL CODE TO CLARIFY THE PROHIBITION OF COMMERCIAL CANNABIS ACTIVITY THROUGHOUT THE CITY, EXCEPT TO ALLOW LICENSED NONSTOREFRONT RETAIL (DELIVERY ONLY) MEDICINAL CANNABIS BUSINESSES AS A CONDITIONALLY PERMITTED USE WITHIN THE M-1 ZONE SUBJECT TO LOCATION CRITERIA AND MAKE A DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IN CONNECTION THEREWITH WHEREAS, the California Legislature has declared that it is the policy of the State and the intent of the Legislature to ensure that Californians have timely and convenient access to safe, effective, and affordable medicinal cannabis; and WHEREAS, as of January 1, 2024, Business and Professions Code Section 26320 et seq (Senate Bill 1186 (2022)) precludes the City from maintaining a complete prohibition on medicinal cannabis nonstorefront retail (delivery only) uses that operate from a physical premises in the City; and WHEREAS, the purpose of Zoning Ordinance Amendment No. 2023-03 is to implement State law and impose reasonable regulations regarding licensed nonstorefront retail (delivery only) medicinal cannabis businesses and to clarify existing regulations related to commercial cannabis activity to ensure the health and safety of all people within the City; and WHEREAS, at a duly noticed public hearing on December 19, 2023, the Planning Commission considered Zoning Ordinance Amendment No. 2023-03, including the agenda report and any supplements thereto and written public comments, opened the public hearing and took and considered public testimony both for and against the proposal, and adopted Resolution No. PC-2023-704 recommending approval to the City Council; and WHEREAS, at a duly noticed public hearing on January 3, 2024, the City Council considered Zoning Ordinance Amendment No. 2023-03, including the agenda report and any supplements thereto and written public comments, opened the public hearing and took and considered public testimony both for and against the proposal, and has reached a decision in this matter; and ATTACHMENT 4 414 Ordinance No. ___ Page 2 WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA) Sections 15060(c)(2) and 15061(c)(3), the Community Development Director has determined that Zoning Ordinance Amendment No. 2023-03 is exempt from environmental review because the proposed action would not result in a direct or reasonably foreseeable indirect physical change to the environment and CEQA applies only to projects which have the potential for causing a significant effect on the environment. Therefore no further environmental analysis is required pursuant to CEQA. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. RECITALS. The City Council finds that all of the facts set forth in the Recitals to this Ordinance are true and correct and incorporated herein. SECTION 2. FINDINGS AND EVIDENCE. The findings made in this Ordinance are based upon the information and evidence set forth in the Recitals to this Ordinance, the Zoning Ordinance Amendment No. 2023-03 (attached as Exhibit A and incorporated herein by this reference), and upon other substantial evidence that has been presented at the hearing and in the record of this proceeding. SECTION 3. ENVIRONMENTAL DETERMINATION. The City Council concurs with the determination of the Community Development Director that Zoning Ordinance Amendment No. 2023-03 is exempt from environmental review pursuant to Sections 15060(c)(2) and 15061(c)(3) of the State CEQA Guidelines because the proposed action would not result in a direct or reasonably foreseeable indirect physical change to environment and CEQA applies only to projects which have the potential for causing a significant effect on the environment. Therefore, no further environmental analysis is required pursuant to CEQA. SECTION 4. MATERIALS ON FILE. Zoning Ordinance Amendment No. 2023-03, agenda reports, and other documents and materials that constitute the record of proceedings upon which this Resolution is based on, are on-file for public examination during normal business hours at the City of Moorpark Community Development Department, 799 Moorpark Avenue, Moorpark, California. Each of these documents is incorporated herein by reference in connection with making the findings and approvals taken by the City Council in this Ordinance. SECTION 5. GENERAL PLAN CONSISTENCY. Zoning Ordinance Amendment No. 2023-03 is consistent with the goals and policies of the General Plan 2050 and is found consistent with the requirements of the General Plan. Including, but not limited to, the following goals and policies: A. General Plan 2050 Implementation Program LU-I9 regarding “Zoning Ordinance Implementation” provides: “Require conformance of proposed development projects with the procedures, permitted uses, and development standards specified by the Municipal Code, Title 17 Zoning. Periodically, review and amend as necessary to 415 Ordinance No. ___ Page 3 ensure compliance with applicable state and federal regulations and relevance to state- of-the art practices and amendments/updates of the General Plan Land Use Plan and revise as needed to reflect General Plan and Housing Element.” The proposed Zoning Ordinance Amendment updates the Code to ensure compliance with Business and Professions Code Section 26320 et seq. B.General Plan 2050 Implementation Program LU-I10 regarding “Zoning Ordinance Implementation” provides: “Implement and periodically review and update Municipal Codes and Ordinances to ensure compliance with state and federal regulations and best practices including, but not limited to, adoption of state-of-the-art technologies, age-friendly, barrier-free development, sustainable development and infrastructure, reduction and resilience to the impacts of climate change, and other features that promote the health and safety of buildings.” The proposed Zoning Ordinance Amendment updates the Code to ensure compliance with Business and Professions Code Section 26320 et seq. C.General Plan 2050 Policy LU 1.1 provides: “Accommodate growth that is consistent with community values and complements the scale and character of Moorpark’s residential neighborhoods, business districts, and natural environmental setting.” The proposed Zoning Ordinance Amendment precludes nonstorefront retail (delivery only) medicinal cannabis businesses from residential neighborhoods and includes provisions to ensure separations between nonstorefront retail (delivery only) medicinal cannabis businesses and defined sensitive uses within the M-1 zone with an approved Conditional Use Permit. D.General Plan 2050 Policy LU 6.1 provides: “Require that development is located and designed to assure compatibility among land uses.” The proposed Zoning Ordinance Amendment includes provisions to ensure separations between nonstorefront retail (delivery only) medicinal cannabis businesses and defined sensitive uses within the M-1 zone with an approved Conditional Use Permit. The Conditional Use Permit approval requires findings regarding land use compatibility that are consistent with this Policy. E.General Plan 2050 Goal LU 16 provides: “A diversity of industrial uses that are located and designed in a compatible manner with surrounding land uses.” The proposed Zoning Ordinance Amendment includes provisions to ensure separations between nonstorefront retail (delivery only) medicinal cannabis businesses and defined sensitive uses within the M-1 zone with an approved Conditional Use Permit. The Conditional Use Permit approval requires findings regarding land use compatibility that are consistent with this Policy. SECTION 6. EVIDENCE IN THE RECORD. Prior to taking action, the City Council has heard, been presented with, reviewed and considered the information and data in the record, including oral and written testimony presented for and during the public hearing. City staff has reviewed and analyzed the comments received on Zoning Ordinance Amendment No. 2023-03. 416 Ordinance No. ___ Page 4 SECTION 7. ADOPTION OF ZONING ORDINANCE AMENDMENT NO. 2023-03. Based on the findings and conclusions set forth in the above sections, and based on all the other evidence in the record, the City Council hereby approves Zoning Ordinance Amendment No. 2023-03, including the Municipal Code text revisions described in Exhibit A. SECTION 8. SEVERABILITY. 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 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 9. EFFECTIVE DATE. This Ordinance shall become effective 30 days after its passage and adoption. A summary of this Ordinance shall, within 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 10. PUBLICATION. 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 __ day of January, 2024. Chris R. Enegren, Mayor ATTEST: Ky Spangler, City Clerk Exhibit A: Zoning Ordinance Amendment No. 2023-03 Text 417 Ordinance No. ___ Page 5 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. 2023-03 DRAFT ZONING ORDINANCE AMENDMENT TEXT Chapter 8 (Health and Safety) of the Municipal Code shall be amended as shown below, where underlined indicates new text: Chapter 8.65 Commercial Cannabis Activity Prohibited 8.65.010 - Prohibition on commercial cannabis activity, facilities, and cannabis deliveries. A. Commercial cannabis activity, as defined by Chapter 17.08, is prohibited in all zones in the City. No person or entity may establish or operate a commercial cannabis facility within city limits. A property owner may not allow its property to be used by any person or entity as a commercial cannabis facility. B. Notwithstanding paragraph A, the establishment of a physical premises for nonstorefront retail (delivery only) medicinal cannabis businesses, as defined by Chapter 17.08, may be permitted, subject to Table 17.20.060(D)(10)(b), with a CUP in the M-1 zone only when any property line at the proposed location is more than 600 feet from the nearest property line of any existing residentially-zoned property, school, park, licensed daycare facility or youth center, or religious facility. C. Notwithstanding paragraph A, the delivery of cannabis to any person within the City limits is prohibited, except for deliveries of medicinal cannabis to a medicinal cannabis patient or their primary caregivers by licensed medicinal cannabis businesses 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. D. This chapter shall not prohibit any commercial cannabis activity that the City is required by State law to permit within its jurisdiction pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) as codified in Division 10 of the Business and Professions Code, or other law, as the same may be amended from time to time. Chapter 17.08 (Definitions) of the Municipal Code shall be amended as shown below, where underlined indicates new text: “Medicinal cannabis” means medicinal cannabis or medicinal cannabis products, as those terms are defined in Section 26001 of the Business and Professions Code. “Medicinal cannabis business” means a retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to a Medicinal License (M-license) issued by the State of California. “Medicinal cannabis patient” means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code. 418 Ordinance No. ___ Page 6 “Nonstorefront retail (delivery only) medicinal cannabis business” means a medicinal cannabis businesses conducting business exclusively by delivery to medicinal cannabis patients or their primary caregivers that is closed to the public pursuant to a Type 9 retail license with an M-designation issued by the State of California. Table 17.20.050(D)(18) of the Municipal Code shall be amended as shown below, where underlined indicates new text and strikethrough indicates removed text: Table 17.20.050 PERMITTED USES IN OPEN SPACE, AGRICULTURAL, RESIDENTIAL, AND SPECIAL PURPOSE ZONES — = Not Permitted P = Permitted AP = Administrative Permit ZC = Permitted by Zoning Clearance TUP = Permitted by Temporary Use Permit CUP = Permitted by Conditional Use Permit Zones O-S A-E R-A R-E R-L R-1 R-2 R-3 TPD D. Accessory and Miscellaneous Uses 18.Commercial Cannabis Activity Delivery of adult use or medicinal cannabis, including, but not limited to, deliveries from mobile dispensaries, except for deliveries of medicinal cannabis to a medicinal cannabis patient or their primary caregivers by licensed medicinal cannabis businesses, 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 — — — — — — — — — Table 17.20.060(A) of the Municipal Code shall be amended as shown below, where underlined indicates new text: Table 17.20.060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES — = Not Permitted P = Permitted AP = Administrative Permit ZC = Permitted by Zoning Clearance TUP = Permitted by Temporary Use Permit CUP = Permitted by Conditional Use Permit 419 Ordinance No. ___ Page 7 Zones C-O C-1 C-P-D/ C-2 C-OT M-1 M-2 I I-F A.Retail and Service Uses 10.Commercial Cannabis Activity a.Prohibited in all zones, except as required by state law, as provided in “b” below — — — — — — — — b.Nonstorefront retail (delivery only) medicinal cannabis business in a physical premises only when any property line at the proposed location is more than 600 feet from the nearest property line of any existing residentially-zoned property, school, park, licensed daycare facility or youth center, or place of religious assembly. — — — — CUP — — — Table 17.20.070(A) and (D) of the Municipal Code shall be amended as shown below, where strikethrough indicates removed text: Table 17.20.070 PERMITTED USES IN MIXED USE ZONES — = Not Permitted P = Permitted AP = Administrative Permit ZC = Permitted by Zoning Clearance TUP = Permitted by Temporary Use Permit CUP = Permitted by Conditional Use Permit Zones MUL MUM MUD A.Agricultural Uses (minimum lot size of 5 acres required) 9.Commercial cannabis activity except as provided in Table 17.20.050(D)(18) and (19) — — — D.Accessory and Miscellaneous Uses 16. Delivery of adult use or medicinal cannabis, including, but not limited to, deliveries from mobile dispensaries, except for deliveries of medicinal cannabis to a medicinal cannabis patient or their primary caregivers by licensed medicinal cannabis business, 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. — — — 420