HomeMy WebLinkAboutRES PC 2023 704 2023 1219RESOLUTION NO. PC -2023-704
A RESOLUTION OF THE PLANNING COMMISSION OF THE CIN 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 CIN, 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.
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-
OES:
ABSTAIN-
ABSTAIN:
ABSENT-
ABSENT: Chair Landis
PASSED, AND ADOPTED this 19th day of December 2023.
Kipp L Mis
Chair
Carlene Saxton
Community Development Director
Attachments:
EXHIBIT A: Zoning Ordinance Amendment No. 2023-03 Text