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HomeMy WebLinkAboutAGENDA REPORT 2024 0117 CCSA REG ITEM 11BCITY OF MOORPARK, CALIFORNIA City Council Meeting of January 17, 2024 ACTION ADOPTED ORDINANCE NO. 521. (ROLL CALL VOTE: UNANIMOUS) BY A. Hurtado. B. Consider Ordinance No. 521 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. Staff Recommendation: Waive full reading, declare Ordinance No. 521 read for the second time, and adopted as read. (Staff: Carlene Saxton, Community Development Director) (ROLL CALL VOTE REQUIRED) Item: 11.B. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Carlene Saxton, Community Development Director BY: Doug Spondello, AICP, Deputy Community Development Director DATE: 01/17/2024 Regular Meeting SUBJECT: Consider Ordinance No. 521 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 On January 3, 2024, the City Council voted to approve Ordinance No. 521 (Attachment 2) for first reading, with adoption on January 17, 2024. The Council also requested that staff return with an updated buffer map (Attachment 1) that depicted ranges for the buffer proposed between sensitive uses and properties that may be eligible for delivery only medicinal cannabis businesses. The map depicts the approved buffer of 600 feet, as well as 667 and 700 feet. The shortest distance between a sensitive use and potentially eligible property on Science Drive is approximately 667 feet. Therefore, requiring a buffer between 600 and 667 feet would have no practical effect on the two properties currently identified – nor would it enable or preclude any additional properties within the City as of today. The 700-foot buffer disqualifies the property on Science Drive however the property on Condor Drive would remain eligible. STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) 1.Waive full reading, declare Ordinance No. 521 read for the second time, and adopt as read. Attachment 1: UPDATED Preliminary Map of Parcels Eligible for Nonstorefront Retail (delivery only) Medicinal Cannabis Businesses with 600, 667, and 700- Foot Buffers Attachment 2: Ordinance No. 521, including Exhibit A: Zoning Ordinance Amendment Text Item: 11.B. 107 UPDATED Preliminary Map of Parcels Eligible for Nonstorefront Retail (delivery only) Medicinal Cannabis Businesses with Eligible Parcels Shown in Blue with a 600, 667, and 700-foot buffer ATTACHMENT 1 108 109 110 ORDINANCE NO. 521 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 2 111 Ordinance No. 521 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 112 Ordinance No. 521 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. 113 Ordinance No. 521 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 17th day of January, 2024. Chris R. Enegren, Mayor ATTEST: Ky Spangler, City Clerk Exhibit A: Zoning Ordinance Amendment No. 2023-03 Text 114 Ordinance No. 521 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. 115 Ordinance No. 521 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 116 Ordinance No. 521 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. — — — 117