HomeMy WebLinkAboutRES PC 2015 606 2015 1124 RESOLUTION NO. PC-2015-606
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, RECOMMENDING APPROVAL OF 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 NOT A PROJECT APPROVAL SUBJECT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, 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; and
WHEREAS, 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 on 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 Title 17 (Zoning) of the Moorpark Municipal Code to
address changes in State law under the Medical Marijuana Regulation And Safety Act;
and
WHEREAS, at duly noticed public hearing on November 24, 2015, the Planning
Commission considered 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
WHEREAS, at its meeting of November 24, 2015, the Planning Commission
considered 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, closed the public hearing, and discussed and reached a
decision on this matter; and
WHEREAS, the Community Development Director has determined 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.
Resolution No. PC-2015-606
Page 2
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION: The Planning Commission
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 Planning Commission, 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. PLANNING COMMISSION RECOMMENDATION: The Planning
Commission recommends to the City Council approval of Zoning Ordinance
Amendment No. 2015-01 as shown in Exhibit A, attached.
SECTION 3. 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: Commissioners Aquino, Hamous, and Chair Di Cecco
NOES: None
ABSTAIN: None
ABSENT: Commissioner Groff and Vice Chair Landis
PASSED, AND ADOPTED this 24th day of November, 2015.
4/ I
Mark b i C/eci o, Chair
/4/1, / / i
I
David A. Bobardt, Community Development Director
Exhibit A— Zoning Ordinance Amendment No. 2015-01
Resolution No. PC-2015-606
Page 3
EXHIBIT A
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, 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 NOT A PROJECT
APPROVAL SUBJECT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, 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; and
WHEREAS, 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 on 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 Title 17 (Zoning) of the Moorpark Municipal Code to
address changes in State law under the Medical Marijuana Regulation And Safety Act;
and
WHEREAS, on November 24, 2015, the Planning Commission considered
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, opened
and closed a public hearing, and after discussion, adopted Resolution No. PC-2015-
606, recommending approval of Zoning Ordinance Amendment No. 2015-01; and
Resolution No. PC-2015-606
Page 4
WHEREAS, at duly noticed public hearing on December 16, 2015, the City
Council considered Zoning Ordinance Amendment No. 2015-01, opened the public
hearing and took and considered public testimony both for and against the proposal,
closed the public hearing, and discussed and reached a decision on this matter; and
WHEREAS, the Community Development Director has determined 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.
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.
Resolution No. PC-2015-606
Page 5
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 , 2015.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A—Amendments to Sections 17.20.050 and 17.20.060
Resolution No. PC-2015-606
Page 6
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 O-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-O 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
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-0 C-1 C-2 C-OT M-1 M-2 I
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,
Resolution No. PC-2015-606
Page 7
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
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