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Home My WebLink AboutORD 360 2007 1017ORDINANCE NO. 360 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT 2007 -02 AMENDING SECTION 17.20.060 OF TITLE 17, ZONING, OF THE MOORPARK MUNICIPAL CODE TO ADD MEDICAL MARIJUANA DISPENSARIES AS A PROHIBITED USE IN ALL COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL ZONES, AND TO REVISE USE RESTRICTIONS ON BODY PIERCING AND /OR TATTOO SHOPS, TOBACCO STORES, INCLUDING BUT NOT LIMITED TO CIGARETTE, CIGAR AND SMOKING PARAPHERNALIA SHOPS, PAWNSHOPS, THRIFT STORES, CONSIGNMENT STORES, SECONDHAND SHOPS, CLUBHOUSES, SOCIAL CLUBS, AND SERVICE CLUBS IN THE COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL ZONES. WHEREAS, at its meeting of September 25, 2007, the Planning Commission conducted a duly- noticed public hearing on Zoning Ordinance Amendment 2007 -02 amending Section 17.20.060 to add medical marijuana dispensaries as a prohibited use in all commercial, industrial and institutional zones, and to revise use restrictions on body piercing and /or tattoo shops, tobacco stores, including but not limited to cigarette, cigar and smoking paraphernalia shops, pawnshops, thrift stores, consignment stores, secondhand shops, clubhouses, social clubs, and service clubs in the commercial, industrial, and institutional zones, received public testimony on the proposed amendments, and after receiving oral and written public testimony, closed the public hearing and reached a decision, recommending to the City Council approval of the draft ordinance; and WHEREAS, at its meeting of October 3, 2007, the City Council conducted a duly- noticed public hearing on Zoning Ordinance Amendment 2007 -02 amending Section 17.20.060 to add medical marijuana dispensaries as a prohibited use in all commercial, industrial and institutional zones, and to revise use restrictions on body piercing and /or tattoo shops, tobacco stores, including but not limited to cigarette, cigar and smoking paraphernalia shops, pawnshops, thrift stores, consignment stores, secondhand shops, clubhouses, social clubs, and service clubs in the commercial, industrial, and institutional zones, received public testimony on the proposed amendments, and after receiving oral and written public testimony, closed the public hearing and reached a decision; and WHEREAS, California cities that have permitted the establishment of medical marijuana dispensaries have found that such dispensaries have resulted in negative and harmful secondary effects, such as an increase in crime, including robberies, burglaries, and sales of illegal drugs in the areas immediately surrounding medical marijuana dispensaries; and WHEREAS, the City Council concurs with the Planning Director's determination that this project is exempt from the provisions of the California Environmental Quality Act by the general rule that CEQA only applies to projects that may have a significant effect on the environment. Ordinance No. 360 Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY: The City Council finds the proposed amendments to Section 17.20.060 to add medical marijuana dispensaries as a prohibited use in all commercial, industrial and institutional zones, and to revise use restrictions on body piercing and /or tattoo shops, tobacco stores, including but not limited to cigarette, cigar and smoking paraphernalia shops, pawnshops, thrift stores, consignment stores, secondhand shops, clubhouses, social clubs, and service clubs in the commercial, industrial, and institutional zones are consistent with the City of Moorpark General Plan and all adopted Specific Plans. SECTION 2. Table 17.20.060 in Section 17.20.060 is amended in its entirety as shown as Exhibit A. SECTION 3. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 4. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoptio eof, cause the same to be published once in the Moorpark Star a newspaper general cl lation, as defined in pection 08 of the Government Code, for the i y of Moorpark, an which is hereby d ignate for that purpose. 7 1 PASSED AND ADOVTED this 17th day of O(tober, 2007 k Hunter," "or ATTEST: .D�G Deborah S. Traffenstedt, Ci lerk Exhibit A: Zoning Ordinance Amendment No. 2007 -02: Amendments to Table 17.20.060 of the Moorpark Municipal Code Ordinance No. 360 Page 3 EXHIBIT A Table 17.20.060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES [Blank] = Not permitted AP = Administrative Permit CUP = Conditional Use Permit NZC = No Zoning Clearance required TUP = Temporary Use Permit ZC = Permitted by Zoning Clearance Zones C -O C -1 CPD C -OT M -1 M -2 I C -2 A. Retail and Service Uses 1. Adult businesses CUP CUP 2. Alcoholic beverage sales for off -site consumption when in conjunction with another city- approved retail or service use other than automobile service station or liquor store a. Beer and /or wine ( *if within one hundred CUP AP* AP* AP* AP* (100) feet of a residentially zoned property a conditional use permit is required) b. Beer, wine and other alcoholic beverages CUP CUP CUP CUP CUP 3. Automobile/light truck/motorcycle a. Brakes, oil changes, tires and shock sales CUP AP* AP* AP* and installation, tune -ups and other light service and repair (with or without hydraulic lifts) ( *if within one hundred (100) feet of a residentially zoned property a conditional use permit is re uired b. Car washes, self - service or automatic with or CUP CUP without automotive services stations c. Engine rebuilding, transmission repair, steam CUP CUP cleanin , auto body, painting d. Parts and supplies ZC ZC ZC ZC e. Rental AP AP AP f. Sales, with or without service and parts CUP CUP CUP g. Service stations with or without mini -marts CUP CUP and with or without beer and wine sales for off - site consumption 4. Body piercing and /or tattoo CUP 5. Building supplies ( *if within one hundred (100) AP* CUP CUP feet of a residentially zoned property a conditional use permit is required) 6. Hay and feed sales CUP CUP 7. Hotels, motels and bed - and - breakfast inns CUP CUP CUP CUP when in compliance with Chapter 5.44 8. Kennels and catteries CUP CUP 9. Liquor stores (when located no closer than CUP CUP CUP one thousand (1,000) feet of any other liquor store or public or private school Ordinance No. 360 Page 4 Zones C -O C -1 CPD C -OT M -1 M -2 I C -2 10. Massage, therapeutic when in compliance AP AP AP with Chapter 5.48 11. Medical Marijuana (cannabis and all parts of that plant) Dispensaries including any site, facility, location, use, cooperative or business which distributes, sells, exchanges, processes, delivers, gives away, or cultivates marijuana for medical purposes to qualified patients, health care providers, patients' primary caregivers, or physicians pursuant to Proposition 215, Health & Safety Code § 11362.5 et seq. or any State regulations adopted in furtherance thereof. 12. Nurseries (retail) with or without container AP grown plants when all equipment and supplies kept in an enclosed area 13. Nurseries (wholesale and /or retail) with or AP without container grown plants when all equipment and supplies kept in an enclosed area 14. Pawnshops when in compliance with AP Chapter 5.32 15. Pest control services ( *if within one hundred AP* AP* (100) feet of a residentially zoned property a conditional use permit is required) 16. Private post offices, parcel services, copy ZC ZC ZC ZC centers 17. Psychics, fortunetelling, and spiritual CUP advisors when in compliance with Title 5 of the Moorpark Municipal Code 18. Recreational vehicle storage yards when not CUP located on parcels adjacent to Arterial Roads or Freeways as shown on the Moorpark Circulation Element Highway Network Map and with or without a caretaker dwelling 19. Recycling centers CUP CUP CUP 20. Recycling drop -off bins when located in an ZC ZC ZC ZC ZC ZC area determined by the community development director not to be in conflict with parking, vehicle or pedestrian circulation 21. Rental and leasing of large equipment with AP* AP* or without outdoor storage and repair ( *if within one hundred (100) feet of a residentially zoned property a conditional use permit is required) Ordinance No. 360 Page 5 Zones C -O C -1 CPD C -OT M -1 M -2 I C -2 22. Retail shops and services, except as ZC ZC ZC otherwise indicated in this table, including, but not limited to antiques, art and craft dealers and supplies, bakeries, barbers, beauty salons, bicycle sales /service, books and stationery, camera /photo stores including on -site processing, carpet and flooring sales /cleaning /installation, clothing and fabric stores, computer sales and service, department and variety stores, dry cleaners, electronic equipment sales and service, florists, food markets, gift and novelty stores, hardware and tool stores, home and office furniture and equipment sales, home appliance sales and service, housewares sales, jewelry stores, key and locksmiths, music stores (including recorded music and musical instrument sales, service, and lessons), newsstands, paint stores, party supply sales and rental, pet grooming, pet sales and supplies, pharmacies, photography studios, pool and spa sales and supplies, shoe stores, sporting goods and equestrian supplies, small equipment rental (no outdoor storage), toy and hobby stores, video /DVD /CD sales and rental, wireless sales /service, and uses which the community development director determines to be similar when in compliance with Section 17.20.030 23. Retail sales combined with limited AP* distribution and /or warehousing not exceeding forty percent (40 %) of gross floor area of the building in which it is located ( *if within one hundred (100) feet of a residentially zoned property a conditional use permit is required) 24. Retail sales in the M -1 and M -2 zone limited AP AP to a maximum of twenty percent (20 %) of the gross floor area of the building in which it is located. In an industrial complex the twenty percent (20 %) shall be computed on the basis of the cumulative total floor area of the industrial tanned development IPD 25. Retail sales (temporary) in the M -1 and M -2 TUP TUP zones. Issuance of a temporary use permit shall take the place of a zoning clearance. 26. Thrift stores, secondhand shops AP AP consignment stores when in compliance with Chapter 5.32 27. Tobacco stores, including but not limited to CUP Cigarette, Cigar, and Smoking Paraphernalia Shops B. Eatinq and Drinking Places 1. Bars with or without entertainment including, CUP CUP C but not limited to cocktail lounges, cabarets I Ordinance No. 360 Page 6 Zones C -O C -1 CPD C -OT M -1 M -2 I C -2 2. Breweries, micro breweries, wineries /tasting CUP CUP CUP CUP rooms with or without restaurant and with or without outdoor seating and with or without entertainment 3. Restaurants and similar establishments engaged primarily in the retail sale of prepared food for on -site or off -site consumption in accordance with the restrictions below: a. With or without entertainment and with or AP* AP* AP* AP* AP* without on -site consumption of beer and wine and other alcoholic beverages and with or without outdoor seating ( *if within one hundred (100) feet of a residentially zoned property a conditional use permit is required) b. With drive -in or drive - through facilities (sale CUP CUP CUP CUP CUP of alcoholic beverages from the drive -in or drive - through facilities is prohibited) with or without outdoor seating C. Office and Professional Uses 1. Banks and other financial institutions ZC ZC ZC ZC AP AP 2. Laboratories: research and scientific AP AP AP 3. Professional and administrative offices, ZC ZC ZC ZC ZC ZC including, but not limited to: accounting, advertising agencies, chiropractic, collection services; dental, direct mail marketing companies, employment agencies, engineering services insurance, investment, medical, optical and related health services; planning services, real estate services; secretarial services, travel agencies, and uses which the community development director determines to be similar when in compliance with Section 17.20.030 4. Veterinary offices and animal hospitals a. Without boarding (keeping of animals indoors AP AP AP AP AP AP and on -site for medical purposes shall not be considered boarding b. With boarding indoors or outdoors CUP CUP CUP D. Manufacturing, Assembly, Distribution, and Warehousing Uses 1. Cement, concrete and plaster, and product CUP fabrication 2. Distribution and transportation facilities CUP CUP 3. Heavy machinery repair, including trucks, CUP tractors and buses Ordinance No. 360 Page 7 Zones C -0 C -1 CPD C -OT M -1 M -2 I C -2 4. Manufacturing and assembly including, but ZC* ZC* not limited to appliances, cabinets, cleaners, clothing, computers, cosmetics, detergents, electronics, furniture, leather products, machinery, medical and scientific instruments, paper, perfumes, pharmaceuticals, photographic and optical goods, plastic products, signs and advertising displays, soap, textiles and other uses which the community development director determines to be similar when in compliance with Section 17.20.030 ( *if within one hundred (100) feet of a residentially zoned property an administrative permit is required) 5. Outdoor storage when in conjunction with a CUP AP* city approved use and when all storage is screened by an eight (8) foot high masonry wall architecturally matched to the structure. ( *if within one hundred (100) feet of a residentially zoned property a conditional use permit is required) 6. Self- storage or mini - storage when not located CUP CUP on parcels adjacent to Arterial Roads or Freeways as shown on the Moorpark Circulation Element Highway Network Map and with or without a caretaker dwelling 7. Warehousing AP AP B. Welding AP AP E. Public and Semi - Public Uses 1. Amusement and recreational facilities as defined in Chapter 17.08 a. Arcades (video and computer) and cyber CUP CUP CUP CUP cafes b. Health club /gymnasium /fitness center /spa ( *if AP* AP* AP* AP* AP* within one hundred (100) feet of a residentially zoned property a conditional use permit is required) 2. Care facilities, including adult day care CUP CUP CUP facilities, Alzheimer's day care facilities, congregate living health facilities, child day care centers, community treatment facilities, foster family and adoption agencies, hospices, long- term health care facilities, residential care facilities for the elderly, residential care facilities for persons with chronic life- threatening illness, skilled nursing and intermediate care facilities, social rehabilitation facilities, therapeutic day services facilities, transitional housing placement facilities, and transitional shelter care facilities as defined in Division 2 of the Health and Safety Code 3. Clubhouses, social clubs, service clubs with CUP CUP or without alcohol Ordinance No. 360 Page 8 Zones C -O C -1 CPD C -OT M -1 M -2 I C -2 4. Communication facilities, including wireless in CUP CUP CUP CUP CUP CUP CUP accordance with the requirements of Chapter 17.42 (pre- approved locations require only an AP 5. Energy production from renewable resources CUP CUP 6. Governmental uses including, but not limited CUP CUP CUP CUP CUP CUP CUP to city offices, community rooms, fire stations, human service centers, libraries, police stations, public utility facilities 7. Hospitals including urgent care ( *if within one AP* AP* AP* AP* hundred (100) feet of a residentially zoned property a conditional use permit is required) 8. Places of religious worship CUP CUP 9. Private education facilities including, but not CUP limited to colleges and universities, elementary, middle and high schools 10. Private training facilities including, but not AP* AP* AP* AP* AP* limited to professional and vocational schools, art and craft schools, music schools not part of a music store, and driver training schools ( *if within one hundred (100) feet of a residentially zoned property a conditional use permit is required) 11. Recreational facilities (private) with /without AP* AP* AP* AP* AP* CUP food services, including but not limited to bicycle and skate parks, golf courses, gymnasiums, fitness, health spas, martial arts, racquetball, yoga. Bicycles and skate parks shall be in compliance with Chapter 17.28 ( *if within one hundred (100) feet of a residentially zoned property a conditional use permit is required) 12. Utility structures (electrical boxes, AP AP AP AP AP AP AP transformers and valve apparatus that have no covered floor area and are attached to the ground by poles, columns or pedestals shall not require a zone clearance F. Accessory and Miscellaneous Uses 1. Outdoor sales CUP CUP CUP CUP CUP CUP 2. Retail shops and services as listed in Table AP 17.20.060(A)(21) when the uses are determined by the community development director to be ancillary to office use of the property 3. Motion picture and television production and TUP TUP TUP TUP TUP TUP TUP related activities and structures (activities of a maximum of forty -two (42) days in any one hundred eighty (180) day period are considered temporary and shall comply with the requirements of Chapter 17.28 and Title 5 of the Moorpark Municipal Code Ordinance No. 360 Page 9 Zones C -O C -1 CPD C -2 C -OT M -1 M -2 I 4. Temporary uses including, but not limited to TUP TUP TUP TUP TUP TUP TUP carnivals, Christmas tree sales, circuses, festivals, sidewalk sales, special events, outdoor sales, when in compliance with Chapter 17.44. Issuance of a temporary use permit shall take the place of a zoning clearance. Temporary uses lasting more than one hundred eighty 180 days require an AP. - END - Ordinance No. 360 Page 10 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 360 adopted by the City Council of the City of Moorpark at a regular meeting held on the 17th of October, 2007, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Parvin, Van Dam, and Mayor Hunter NOES: None ABSENT: Councilmember Millhouse ABSTAIN: None WITNESS my hand and the official seal of said City this 30th day of October, 2007. Deborah S. Traffenstedt, City lerk (seal)