HomeMy WebLinkAboutAGENDA REPORT 2015 1216 CCSA REG ITEM 08A ITEM 8.A.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
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MOORPARK CITY COUNCIL `n0 ' 'f3(o "° detA"
AGENDA REPORT BY: e '
TO: Honorable City Council
FROM: David A. Bobardt, Community Development Director
DATE: December 2, 2015 (CC Meeting of 12/16/2015)
SUBJECT: Consider Ordinance Approving Zoning Ordinance Amendment No.
2015-01, 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 Title 17, (Zoning) of the Moorpark
Municipal Code to Prohibit Cultivation and Mobile Delivery of
Marijuana and Medical Marijuana in All Zones and Determination
That This Action Is Exempt from 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 allowing for local control. This act requires
each local agency to specifically address mobile dispensaries and cultivation if it wishes
to regulate these uses in a manner stricter than State law. Information prepared by the
League of California Cities on the new act is attached. Chapter 17.20 of the Zoning
Ordinance, Uses by Zones, has prohibited medical marijuana dispensaries, including
cultivation and delivery, in all zones since 2007. No medical marijuana dispensaries
have ever been permitted in Moorpark.
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.
The attached draft ordinance would make changes to Chapter 17.20, to specifically
prohibit deliveries from mobile marijuana dispensaries and mobile medical marijuana
dispensaries and cultivation of marijuana and medical marijuana as an agricultural use
in all zones in Moorpark. Cultivation of medical marijuana for personal use by qualified
patients on properties on which they reside would still be permitted. State law allows for
the cultivation of up to 12 immature plants or 6 mature plants for personal use. In
addition, deliveries of medical marijuana by qualified caregivers would still be allowed.
1
Honorable City Council
December 16, 2015
Page 2
The proposed changes add clarity to the existing prohibition on medical marijuana
dispensaries and cultivation in light of the language contained in the Medical Marijuana
Regulation and Safety Act. They do not change the intent of the existing regulations.
The City Attorney has reviewed this ordinance and approved it as to form.
On October 21, 2015, the City Council adopted Resolution No. 2015-3452, directing the
Planning Commission to study, hold a public hearing, and provide a recommendation to
the City Council on an amendment to the Zoning Ordinance to address changes in
State law under the Medical Marijuana Regulation and Safety Act.
On November 24, 2015, the Planning Commission reviewed the draft ordinance and
adopted Resolution No. PC-2015-606, recommending its approval. Planning
Commissioners did express concern about the ability of qualified patients to obtain
medical marijuana if deliveries are prohibited and the patients are unable to drive. Staff
indicated that the prohibition on deliveries would not apply to primary caregivers. After
the Planning Commission meeting, staff discussed this issue further with the City
Attorney, who recommended that if the intent is to exempt primary caregivers from the
prohibition on deliveries, such language should be included in the Municipal Code
language for clarity. Suggested language from the City Attorney has been added to the
draft ordinance.
FISCAL IMPACT
None.
ENVIRONMENTAL DETERMINATION
The Director has reviewed this project and found it to qualify for a General Rule
Exemption in accordance with Section 15061 of California Code of Regulations (CEQA
Guidelines), in that there would not be a physical change to any existing land uses in
Moorpark as a result of this ordinance. No further environmental documentation is
required.
NOTICING
The notice of the public hearing was published in the Ventura County Star in a 1/8 page
ad on December 6, 2015.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Introduce Ordinance No. , approving Zoning Ordinance Amendment No.
2015-01, for first reading, waive full reading, and place this ordinance on the
agenda for January 20, 2016 for purposes of providing second reading and
adoption of the ordinance.
ATTACHMENTS:
1. League of California Cities Information
2. Draft Ordinance
2
MEDICAL MARIJUANA REGULATION AND SAFETY ACT'
What Cities Need to Know About the New Law and Delivery Services
OVERVIEW DELIVERY
Here's what you need to know: Here's what you need to do:
• Local prohibition or regulation:Cities may prohibit • Determine whether your city currently bans delivery
or regulate medical marijuana businesses within their services for medical marijuana.
jurisdictions. Local authority remains intact under • If you have a ban,determine whether it is an express
the new law. ban,or a ban enacted via permissive zoning(i.e., it is
• State license required:All medical marijuana not listed in your zoning or other codes as a permitted
businesses-dispensary sales,delivery service, activity within the city limits).
cultivation,or transport-must have a State license'. ° If you have an express ban specifically identifying
• State license not enough:A medical marijuana marijuana deliveries as a prohibited activity,you do not
business in any city may only operate if it has need to take further action.
permission from the State and permission from the • If you wish to prohibit delivery services but do not have
city("dual licensing"). an express ban,you need to take further action.
• Enforcement: Revocation of local permission to ACTION REQUIRED:Adopt an ordinance expressly
operate means a medical marijuana business must banning deliveries within your jurisdiction. If you do not
terminate operation because the new law requires adopt an express ban ordinance before the State begins
dual licensing.Upon approval of the State,a city may issuing any State licenses, a State-licensed dispensary
enforce State law. will be able to deliver medical marijuana within your
• State law penalties for unlicensed activity:There jurisdiction.You may adopt an ordinance expressly
are civil penalties and criminal penalties for operating banning deliveries after the State begins to issue
without a State license. licenses.However,it may be difficult to terminate the
State licensee's deliveries at that time.Therefore,best
DELIVERY practice is for an ordinance to be in place before the
State begins issuing State licenses.The State currently
Here's what you need to know: estimates that it will begin issuing dispensary licenses
If a city does not expressly prohibit the delivery of in January 2018,but that could certainly happen sooner.
medical marijuana within its jurisdiction,delivery will be
allowed(with a State dispensary license).This means ° A ban enacted via permissive zoning is not an
that if your city wishes to prohibit the delivery of medical express ban.
marijuana within its jurisdiction,the city must adopt an Be sure to consult with your city attorney before taking any
ordinance expressly prohibiting delivery services and of the actions recommended in this document.
mobile dispensaries.
1 AB 266(Bonta,Cooley,Jones-Sawyer,Lack,Wood);AB 243
(Wood);and SB 643(McGuire).Effective 1/1/2016.
2 The Department of Consumer Affairs estimates it will begin
issuing State licenses in January 2018.The Department of
Food and Agriculture and the Department of Public Health l ' ( L E AG U E°
also have licensing authority under the new law.Businesses OF CALIFORNIA
operating in compliance with local ordinances will get
priority in the State licensing application process.
October27,2015
CC ATTACHMENT 1
MEDICAL MARIJUANA REGULATION AND SAFETY ACT'
What Cities Need to Know About the New Law and Cultivation
OVERVIEW CULTIVATION
Here's what you need to know: Here's what you need to do:
• Local prohibition or regulation:Cities may prohibit Determine if your city fits within City#1 or City#2 as
or regulate medical marijuana businesses within their described below:
jurisdictions. Local authority remains intact under o City#1:Municipal Code that does note expressly xp y prohibit
the new law.
nor expressly regulate cultivation of medical marijuana and
• State license required:All medical marijuana is not a"permissive zoning"code.Need to take action.
businesses—dispensary sales, delivery service, ACTION REQUIRED: Adopt a land use ordinance
cultivation,transport or distribution—must have a regulating or prohibiting the cultivation of medical
State license'. marijuana.The ordinance must be effective by February
• State license not enough:A medical marijuana 28,2016.The ordinance may be adopted as an"urgency
business in any city may only operate if it has ordinance,"or second reading must occur on or before
permission from the State and permission from the January 29,2016.
city("dual licensing"). ® City#2: Municipal Code that is a"permissive zoning"
• Enforcement:Revocation of local permission to code and does not enumerate cultivation of medical
operate means a medical marijuana business must marijuana as a permitted or conditional use. Need to
terminate operation because the new law requires take action.
dual licensing.Upon approval of the State,a city may ACTION REQUIRED: (1)Check and confirm that your
enforce State law. city's zoning code is adopted and implemented under
• State law penalties for unlicensed activity:There the principles of permissive zoning.If not,take action
are civil penalties and criminal penalties for operating recommended for City#1.(2)If confirmed,adopt a
without a State license. resolution that includes the following provisions:
• States that Health &Safety Code section 11362.777(b)(3)
CULTIVATION provides that the Department of Food and Agriculture
may not issue a State license to cultivate medical
Here's what you need to know: marijuana within a city that prohibits cultivation under
If your city does not have a land use ordinance in place principles of permissive zoning;
regulating or prohibiting the cultivation of marijuana,
either expressly or otherwise under the principles ® Re affirms and confirms that the Zoning Code
of permissive zoning,or chooses not to administer a is adopted and operates under the principles of
conditional permit program,then commencing March permissive zoning;
1,2016,the State Department of Food and Agriculture u States this means that cultivation of marijuana is not
will be the sole licensing authority for medical marijuana allowed within City#2 because it is not expressly
cultivation applicants. permitted;and
• Therefore,the State is not allowed to issue a license for
the cultivation of medical marijuana within City#2.
1 AB 266(Bonta,Cooley,Jones-Sawyer,Lack,Wood);AB 243
(Wood);and SB 643(McGuire).Effective 1/1/2016. Be sure to consult with your city attorney before taking any
2 The Department of Consumer Affairs estimates it will begin of the actions recommended in this document.
issuing State licenses in January 2018.The Department of
Food and Agriculture and the Department of Public Health o
L E AG U
also have licensing authority under the new law.Businesses E
operating in compliance with local ordinances will gets OF CALIFORNIA
priority in the State licensing application process. _ _ CITIES
October 27,2015
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Ordinance No.
Page 2
California Code of Regulations (CEQA Guidelines), in that there would not be a physical
change to any existing land uses in Moorpark as a result of this ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council concurs
with the determination of the Community Development Director that this project would
qualify for a General Rule Exemption in accordance with Section 15061 of California
Code of Regulations (CEQA Guidelines), in that there would not be a physical change
to any existing land uses in Moorpark as a result of this ordinance. Based on its
independent analysis and judgment of the City Council, it can be seen with certainty that
there is no possibility that the Zoning Ordinance Amendment No. 2015-01 may have a
significant impact on the physical environment. No further environmental documentation
is required.
SECTION 2. GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY: The
City Council finds Zoning Ordinance Amendment No. 2015-01 to be consistent with the
City of Moorpark General Plan and all adopted Specific Plans.
SECTION 3. The City Council hereby approves Zoning Ordinance Amendment
No. 2015-01, which amends 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 Title 17 (Zoning)
of the Moorpark Municipal Code, as shown in Exhibit A attached.
SECTION 4 . 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 5 . This ordinance shall become effective thirty (30) days after its
passage and adoption.
6
Ordinance No.
Page 3
SECTION 6 . 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 publish notice of adoption in
the manner required by law.
PASSED AND ADOPTED this day of , 2016.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A —Amendments to Sections 17.20.050 and 17.20.060
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Ordinance No.
Page 4
EXHIBIT A
ZONING ORDINANCE AMENDMENT NO. 2015-01
AMENDMENTS TO
SECTION 17.20.050 (PERMITTED USES IN OPEN SPACE, AGRICULTURAL,
RESIDENTIAL AND SPECIAL PURPOSE ZONES)
AND
SECTION 17.20.060 (PERMITTED USES IN COMMERCIAL AND INDUSTRIAL
ZONES)
OF CHAPTER 17.20 (USES BY ZONE)
OF TITLE 17 (ZONING)
OF THE MOORPARK MUNICIPAL CODE
No. 9 is added to Section A, Agricultural Uses, of Table 17.20.050 in Section 17.20.050
as follows:
RPD
Zones 0-S A-E R-A R-E R-0 R-1 R-2 RPD 20U-N-D TPD
9. Cultivation of
marijuana or medical
marijuana, other than
medical marijuana plants
maintained for personal
use by a qualified patient
residing on the property
as allowed by Health and
Safety Code Section
11362.77
No. 15 is added to Section D, Accessory and Miscellaneous Uses, of Table 17.20.050 in
Section 17.20.050 as follows:
RPD
Zones 0-S A-E R-A R-E R-0 R-1 R-2 RPD 20U-N-D TPD
15. Delivery of marijuana
or medical marijuana,
including,but not limited
to, deliveries from mobile
marijuana dispensaries
and mobile medical
marijuana dispensaries, •
except for deliveries from
a patient's primary
caregiver to a qualified
patient, as those terms
are defined in state law
8
Ordinance No.
Page 5
No. 10 in Section A, Retail and Services Uses, of Table 17.20.060 in Section 17.20.060
is amended as follows:
CPD
Zones C-O C-1 C-2 C-OT M-1 M-2
10. Marijuana (cannabis and all parts of that
plant)dispensaries and Mmedical marijuana
(cannabis and all parts of that plant)
dispensaries including any site,facility,
location, mobile dispensary use,
cooperative or business which distributes,
sells,exchanges, processes, stores
delivers,gives away, or cultivates marijuana,
including marijuana for medical purposes to
qualified patients, health care providers,
patients'primary caregivers,or physicians
pursuant to Proposition 215, Health and
Safety Code Section 11362.5 et seq., or any
state regulations adopted in furtherance
thereof
-END-
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