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Home My WebLink AboutAGENDA REPORT 2016 0203 CCSA REG ITEM 11AActlON: ~ {fhiyj~ .1-flJ ITEM 11.A. ORDINANCE NO. 437 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 REGULATE 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 overs1ght 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 ~arijuana 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 WHEREAS, at duly noticed public hearing on December 16, 2015, the City Council introduced amended Zoning Ordinance Amendment No. 2015-01 to only address cultivation of marijuana and medical marijuana, and asked staff to bring back more information on mobile delivery of marijuana and medical marijuana on January 20, 2016;and WHEREAS on January 20, 2016 the City Council opened the public hearing on Zoning Ordinance No. 2015-02 to address mobile delivery of marijuana and med-ical 115 Ordinance No. 437 Page 2 marijuana, 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. 2015-02 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. 2015-02 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. 2015-02, 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. passage and adoption. This ordinance shall become effective thirty (30) days after its 116 Ordinance No. 437 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 3rd day of February, 2016. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Exhibit A -Amendments to Sections 17.20.050 and 17.20.060 117 Ordinance No. 437 Page4 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. 2015-02 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. 15 is added to Section D, Accessory and Miscellaneous Uses, of Table 17.20.050 in Section 17.20.050 as follows: RPO Zones 0-S A-E R-A R-E R-0 R-1 R-2 RPO 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 No. 10 in Section A, Retail and Services Uses, of Table 17.20.060 in Section 17.20.060 is replaced in its entirety 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 medical 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- 118