HomeMy WebLinkAboutAGENDA REPORT 2015 1021 CC SPC ITEM 05B ITEM 5.B.
CITY OF MOORPARK,CALIFORNIA
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MOORPARK CITY COUNCIL BY: yh.
AGENDA REPORT
TO: Honorable City Council i
FROM: David A. Bobardt, Community Development Director 1
DATE: October 20, 2015 (CC Special Meeting of 10/21/2015)
SUBJECT: Consider Resolution Directing the Planning Commission to Study,
Hold a Public Hearing, and Provide a Recommendation to the City
Council on an Amendment to Sections 17.20.050 (Permitted Uses in
Open Space, Agricultural, Residential, and Special Purpose Zones)
and 17.20.060 (Permitted Uses in Commercial and Industrial Zones)
of Chapter 17.20 (Uses by Zone) of the Zoning Ordinance to Address
Changes in State Law Under the Medical Marijuana Regulation and
Safety Act and Determination That This Action Is Not a Project
Approval Subject to the California Environmental Quality Act
BACKGROUND/DISCUSSION
On October 9, 2015, Governor Brown signed three bills into law, AB 243, AB 266, and
SB 643, collectively known as the Medical Marijuana Regulation and Safety Act. These
bills provide for State oversight of medical marijuana cultivation and distribution as
allowed under Proposition 215, while still providing for local control. The City of
Moorpark does not currently allow for medical marijuana dispensaries in any zone.
Under the new State legislation, the City would have to specifically address mobile
dispensaries and cultivation of medical marijuana if it wishes to regulate these uses. A
resolution is attached that initiates a Zoning Ordinance Amendment to address these
issues.
ENVIRONMENTAL DETERMINATION
The action of the City Council at this time is not a "project approval" subject to the
California Environmental Quality Act as it is only seeking the recommendation of the
Planning Commission. The level of environmental review on such an ordinance will be
determined prior to Planning Commission recommendation.
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Honorable City Council
October 21, 2015 Special Meeting
Page 2
FISCAL IMPACT
None.
STAFF RECOMMENDATION
Adopt Resolution No. 2015- _
Attachment:
Resolution No. 2015-
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RESOLUTION NO. 2015-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, DIRECTING THE PLANNING COMMISSION
TO STUDY, HOLD A PUBLIC HEARING, AND PROVIDE A
RECOMMENDATION TO THE CITY COUNCIL ON AMENDMENTS TO
SECTIONS 17.20.050 (PERMITTED USES IN OPEN SPACE,
AGRICULTURAL, RESIDENTIAL, AND SPECIAL PURPOSE ZONES)
AND 17.20.060 (PERMITTED USES IN COMMERCIAL AND
INDUSTRIAL ZONES) OF CHAPTER 17.20 (USES BY ZONE) OF THE
ZONING ORDINANCE TO ADDRESS CHANGES IN STATE LAW
UNDER THE MEDICAL MARIJUANA REGULATION AND SAFETY ACT
AND DETERMINATION THAT THIS ACTION IS NOT A PROJECT
APPROVAL SUBJECT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
WHEREAS, Section 17.44.050 of the Municipal Code provides that the City
Council may initiate proceedings to consider amendments to the Zoning Ordinance by
the adoption of a resolution of intent and
WHEREAS, the City Council wishes to initiate proceedings to consider a Zoning
Ordinance Amendment that would amend Sections 17.20.050 (Permitted Uses in Open
Space, Agricultural, Residential, and Special Purpose Zones) and 17.20.060 (Permitted
Uses in Commercial and Industrial Zones) of Chapter 17.20 (Uses by Zone) of the
Zoning Ordinance to address changes in State law under the Medical Marijuana
Regulation And Safety Act; and
WHEREAS, the Community Development Director has determined that the
initiation of proceedings for a Zoning Ordinance Amendment is not a project approval
subject to the California Environmental Quality Act.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council concurs
with the determination of the Community Development Director that the initiation of
proceedings for a Zoning Ordinance Amendment is not a project approval subject to the
California Environmental Quality Act.
SECTION 2. INITIATION OF PROCEEDINGS: The City Council hereby
authorizes the initiation of proceedings to consider a Zoning Ordinance Amendment that
would amend Section 17.32.120 (Recreational vehicle and trailer parking and storage
standards) of Chapter 17.32 (Off-Street Parking Requirements) of the Zoning
Ordinance.
CC ATTACHMENT 1
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Resolution No. 2015-
Page 2
SECTION 3. DIRECTION TO PLANNING COMMISSION: The Planning
Commission is hereby directed to study, hold a public hearing, and provide a
recommendation to the City Council on this matter.
SECTION 4. CITY CLERK CERTIFICATION AND FILING: The City Clerk
shall certify to the adoption of this resolution and shall cause a certified resolution to be
filed in the book of original resolutions.
PASSED AND ADOPTED this 21st day of October, 2015.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
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