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HomeMy WebLinkAboutAGENDA REPORT 2017 0517 CCSA REG ITEM 08A ITEM 8.A. CITY OF MOORPARK,CALIFORNIA City Council Meeting of 5-17-107 ACTION:_&41,1&,4d,ko. 9e7 442-aakir-.44-14"1--* MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Joseph Fiss, Economic Development and Planning Manager DATE: May 10, 2017 (CC Meeting of 5/17/2017) • SUBJECT: Consider Ordinance Approving Zoning Ordinance Amendment No. 2017-02, An Amendment to Chapter 17.20 (Uses by Zone) of Title 17 (Zoning) of the Moorpark Municipal Code to Address Marijuana and Medical Marijuana Cultivation, Tobacco Sales Including Electronic Cigarettes, Drive-Through Facilities, Check Cashing, Payday Loan, and Vehicle Title Loan Establishments, and Massage Establishments; and Making a Determination that This Action is Exempt from the California Environmental Quality Act BACKGROUND Due to recent changes in State law and land use development patterns, on November 16, 2016, the City Council adopted Resolution No. 2016-3557 directing the Planning Commission to study, hold a public hearing, and provide a recommendation to the City Council on an amendment to Chapter 17.20 (Uses by Zone) of Title 17 (Zoning) of the Moorpark Municipal Code to address massage establishments, electronic cigarette (vaping) establishments, hookah lounges, retail tobacco and electronic cigarette (vaping) supply sales from stores other than tobacco stores or electronic cigarette (vaping) establishments, marijuana cultivation, check cashing and payday loan establishments, and retail establishments,, financial institutions, and restaurants with drive-through facilities. On April 25, 2017, the Planning Commission adopted Resolution No. PC-2017-616, recommending to the City Council approval of Zoning Ordinance Amendment No. 2017-02. This amendment would make several changes to the use matrices in the Zoning Ordinance (Exhibit A of the attached draft ordinance) for the uses listed above to keep the review process relevant to local needs and consistent with State law, as discussed below. The draft ordinance has been reviewed by the City Attorney's office and approved as to form. 1• Honorable City Council May 17, 2017 Page 2 DISCUSSION Marijuana Cultivation On November 9, 2016 California voters passed Proposition 64, the Adult Use of Marijuana Act (AUMA), allowing adults aged 21 years or older to possess and use marijuana for recreational purposes. The AUMA permits smoking in a private home or at a business licensed for on-site marijuana consumption. Smoking remains illegal while driving a vehicle, anywhere smoking tobacco is illegal, and in all public places. Under State law, the City may no longer prohibit an individual from growing up to six plants for personal recreational use within a private home as long as the area is locked and not visible from a public place, although reasonable conditions can be imposed. Under Federal law, however, possession or cultivation of medical marijuana and marijuana are both prohibited. The Zoning Ordinance currently only allows cultivation of medical marijuana for personal use by a qualified patient residing on the property. It does not distinguish indoor cultivation from outdoor cultivation. Staff is recommending language permitting cultivation of recreational marijuana at the minimum level required under Proposition 64, a maximum of 6 plants per private residence, and that they be kept indoors. Personal cultivation on any property other than a private residence would be prohibited. These rules would also apply to medical marijuana in the proposed ordinance. Staff is not recommending any permits be required for personal cultivation of either medical marijuana or (recreational) marijuana. Enforcement can be addressed through the City's code compliance processes. Commercial cultivation and dispensaries of both (recreational) marijuana and medical marijuana will remain as non-permitted uses citywide. Electronic Cigarette (Vaping) Establishments, Hookah Lounges, and Retail Tobacco and Electronic Cigarette (Vaping) Supply Sales from Stores Other than Tobacco Stores or Electronic Cigarette (Vaping) Establishments With recent changes in State and Federal law regulating electronic cigarettes in a similar manner as other tobacco products, staff recommends amending the Zoning Ordinance to treat land uses involving these products in a similar manner. Currently, a Conditional Use Permit is required for tobacco stores, and they are only permitted in the General Commercial (C-2) and Commercial Planned Development (CPD) zones. Smoking is currently allowed in wholesale tobacco distributors and retail tobacco stores, provided they are located 20 feet or more from any opening of a private residence and the establishment does not share a ventilation system with any other enclosed area or public place not exempted in this section.. The same should be required for new retail electronic cigarette (vaping) establishments. Therefore, staff is recommending the Zoning Ordinance's definition of tobacco stores be expanded into a newly-created definition of "retail smoking products stores," which is included in the City's Smoking in Public Places Ordinance being considered separately by the City Council. This new definition includes vaping supplies and products in addition to tobacco supplies and 2 Honorable City Council May 17, 2017 Page 3 products (but not marijuana supplies and products). The ordinance, as presented to the Planning Commission did not include the definition of "retail smoking products stores," although the ordinance did include materially similar provisions to the ordinance before the City Council. However, staff recommends including this definition in the Zoning Ordinance's land use matrix to be consistent with the terms included in the Smoking on Public Places Ordinance. This a slight variation from what the Planning Commission reviewed, is non-substantive in nature, and simply makes the Municipal Code more clear and less duplicative. A Conditional Use Permit would continue to be required for a tobacco store/retail smoking products store in the C-2 and CPD zones. The American Lung Association has recommended Moorpark establish a discretionary review process for stores selling tobacco products. At present, sales of tobacco products from general retail, convenience, or grocery stores do not require any special permitting. In the proposed ordinance, an Administrative Permit would be required for new stores (other than tobacco stores or electronic cigarette (vaping) establishments (which would require a Conditional Use Permit) wishing to sell tobacco or electronic cigarette (vaping) supplies. An Administrative Permit is required prior to the initiation of uses and structures in a given zone where review and approval by the community development director is required to assure compliance with the provisions of the Moorpark.Municipal Code. No public hearing is required; however, notice of a pending decision on an Administrative Permit is mailed to the adjacent owners of real property to allow for review and comment. Because the proposed ordinance distinguishes tobacco stores from other stores that sell tobacco products, a definition of a retail smoking products store is added to the land use matrix. A retail smoking products store is defined as a store where display and sales of tobacco and tobacco-related products is equal to or greater than 50% of the total display and sales area of the store. Smoking and vaping lounges (including Hookah lounges) are not presently listed as a permitted use in any zone. A hookah is a single- or multi-stemmed instrument for vaporizing and smoking flavored tobacco, whose vapor or smoke is passed through a water basin prior to inhalation. Because staff does receive occasional questions about permits for a these uses, it is recommended they be listed in the use matrix as a non- permitted use, consistent with the current Zoning Ordinance. This would include cigar, hookah, vaping, and similar lounge establishments. Drive-Through Facilities Restaurants with drive-through facilities are currently allowed with Conditional Use Permits in all commercial and industrial zones except for the Commercial Office (CO) zone. Drive-through facilities for other establishments, such as pharmacies, financial institutions, and oil change shops would traditionally have been reviewed as part of a Planned Development Permit for a project. As with other more intense uses, drive- through facilities are more appropriate to sub-regional shopping districts or industrial zones. The proposed ordinance restricts new drive-through facilities for restaurants to the Commercial Planned Development (CPD) Zone, and drive-through facilities for other 3 Honorable City Council May 17, 2017 Page 4 uses permitted in the zone to the Commercial Planned Development (CPD) zone, and Industrial Park (M-1) zone. These zones are situated where traffic and circulation ' patterns are appropriate, and sufficient land for queueing is generally more available than other zones, and to further community and economic development goals. Staff originally recommended to the Planning Commission permitting drive-through facilities in the Limited Industrial (M-2) zone. After further evaluation, staff has determined drive- through facilities are not appropriate in this zone. Uses which may benefit from drive- through facilities, such as banks, automated teller machines, pharmacies, automobile oil change, and restaurants are better suited in commercial (C) and office park (M-1) zones. This is discussed further below. It should be noted that California Government Code 65090(d) states: "Whenever a local agency considers the adoption or amendment of policies or ordinances affecting drive- through facilities, the local agency shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their - participation." Notice has been provided to the Vintage Crest senior apartments, Tafoya Terrace, and the Area Housing Authority to satisfy this code requirement. Check Cashing, Payday Loan Establishments and Vehicle Title Loan Establishments Currently grouped with banks and other financial institutions, check cashing, payday loan, and vehicle title loan establishments are allowed by right in all commercial zones and with Administrative Permits in all industrial zones. These non-traditional financial uses, while providing a financial service, are more appropriate to sub-regional shopping districts. As such, staff recommends limiting new check cashing, payday loan establishments, and vehicle title loan establishments to only the Commercial Planned Development (CPD) zone, with an Administrative Permit required. This would further community and economic development goals in the Old Town Commercial, Commercial Office, Neighborhood Commercial, and Industrial Zones by supporting the purpose and intent of these zones. In an effort to improve the focus of the M-2 zone as a zone for "...a broad range of industrial and quasi-industrial activities of a light manufacturing, processing or fabrication nature..." staff recommends "banks and other financial institutions" be removed as permitted uses in this zone. This strengthens the purpose of the M-2 zone, as well as that of the commercial/retail zones by promoting expected land use patterns, also furthering economic development goals. In the future, staff will be assessing changing the General Plan designation and rezoning several areas currently zoned M-2. Those areas re-designated from M-2 to M-1 would then enjoy the rights and privileges of the. M-1 zone. Furthermore, "banks and other financial institutions" are recommended to no longer be permitted in the Institutional (I) zone. The nature of banking has changed to a much more retail nature and banks are more typically found in shopping centers as opposed to being stand-alone buildings. 4 Honorable City Council May 17, 2017 Page 5 Massage Establishments On February 16, 2011, in response to Senate Bill (SB) 731, the City Council adopted Ordinance No. 398, replacing Chapter 5.48 Massage Establishments and Therapists, of Title 5 Business Taxes, Licenses and Regulations; and amending Section 17.08.010 Application of Definitions of Chapter 17.08 (Definitions), 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. SB 731, enacted by the state on September 27, 2008, provided for voluntary statewide certification of massage therapists and restricted local regulation of massage establishments and massage therapists or practitioners certified by the California Massage Therapy Council (CAMTC). Local jurisdictions were still allowed to regulate uncertified massage establishments and massage therapists or practitioners. Prior to this, there was no statewide regulation of the massage industry. SB 731 was modified several times, but subsequently expired on January 1, 2015. In 2011, AB 619 provided the only manner in which local government could exercise traditional land use restrictions on an individual certified by CAMTC or an establishment certifying CAMTC certified practitioners was if those same regulations were placed upon all other individuals and businesses providing "professional services". This significantly restricted local land use regulation over massage establishments because massage establishments were required to be treated like doctors, dentists, and other licensed professionals. Due to the reduction of barriers to entry, this legislation created a substantial increase in the number of massage establishments within local jurisdictions, while at the same time law enforcement agencies throughout the State reported increased complaints concerning prostitution and human trafficking. Prior to the sunset of SB 731, Governor Brown signed Assembly Bill (AB) 1147, expanding local agencies' ability to regulate massage therapists and establishments within their jurisdictions, allowing them to impose reasonable zoning, business licensing and health and safety requirements for massage businesses, as well as requiring conditional use permits, and regulating hours of operation. This law divided responsibility for massage regulation between the State (regulating the certification of massage professionals through the CAMTC) and local governments (regulating massage businesses through their regulatory and land-use authority). In anticipation of AB 1147 sunsetting on January 1, 2017, Governor Brown signed AB 2194 into law on September 22, 2016, providing some clean-up and extending its provisions to January 1, 2021. AB 2194 states that local governments shall impose and enforce only reasonable and necessary fees and regulations on massage businesses and massage establishments, in keeping with the requirements of existing law and being mindful of the need to protect legitimate business owners and massage professionals, particularly sole providers, and that local governments should give strong consideration to establishing a registration program that grants local governments the ability to either suspend or revoke a registration of massage business for specific 5 Honorable City Council May 17, 2017 Page 6 violations. The result of this recent legislation was to again allow cities to exercise their land use authority to zone appropriate locations for massage establishments. On November 11, 2016, the Moorpark City Council enacted an Interim Urgency Ordinance to place a 45-day moratorium prohibiting the approval of any Business Registration, Use Permit or Any Application for Massage Establishments in any zone. On December 21, 2016 an Interim Ordinance was adopted, extending the 45-Day temporary moratorium for an additional 10 months and 15 days, through and including November 10, 2017, allowing staff to conduct the necessary research and prepare draft amendments to the Moorpark Municipal Code related to massage establishments. Staff is recommending massage establishments be limited to the Commercial Planned Development (CPD) zone and a Conditional Use Permit be required. A distinction is made from day spas and salons with massage occupying 3 or fewer stations and less than 20 percent of the floor area. Such uses could have-massage as a service with a Zoning Clearance in all commercial zones. As it is anticipated the City Council will be considering these changes to the Zoning Ordinance prior to November 10, 2017, staff would also be recommending the Interim Ordinance (Ordinance No. 442) be rescinded at such time the new ordinance becomes effective. GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY The Land Use Element of the General Plan designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, and other categories of public and private uses of land. The location and designation of the extent of such uses of the land for public and private uses shall consider the identification of land and natural resources. The zoning regulations for the City have been adopted to protect and promote the public health, safety and general welfare; to provide the environmental, economic and social advantages which result from an orderly, planned use of resources; to establish the most beneficial and convenient relationships among land uses; and to implement the City's General Plan. The proposed Zoning Ordinance Amendment is consistent with the Goals and Policies for Land Use and Commercial Development found in the General Plan. The proposed changes to Chapter 17.20 (Uses by Zone) of the Moorpark Municipal Code are consistent with the Land Use Plan Assumptions and Designations of the City's General Plan Land Use Element and all adopted Specific Plans. 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 6 Honorable City Council May 17, 2017 Page 7 Moorpark as a result of this ordinance, as this ordinance does not authorize any additional uses or expand the permitted location of any uses within the City. 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 May 3, 2017. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Introduce Ordinance No. , approving Zoning Ordinance Amendment No. 2017-02, for first reading, waive full reading and read by title only, and place this ordinance on the agenda for June 7, 2017 for purposes of providing second reading and adoption of the ordinance. ATTACHMENT: Ordinance No. 7 ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT NO. 2017-02, AN AMENDMENT TO CHAPTER 17.20 (USES BY ZONE) OF TITLE 17 (ZONING) OF THE MOORPARK MUNICIPAL CODE TO ADDRESS MARIJUANA AND MEDICAL MARIJUANA CULTIVATION, TOBACCO SALES INCLUDING ELECTRONIC CIGARETTES, DRIVE- THROUGH FACILITIES, CHECK CASHING, PAYDAY LOAN, AND VEHICLE TITLE LOAN ESTABLISHMENTS, AND MASSAGE ESTABLISHMENTS; AND MAKING A DETERMINATION THIS ACTION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, on November 11, 2016, the Moorpark City Council enacted an Interim Urgency Ordinance (Ordinance No. 441) to place a 45-day moratorium prohibiting the approval of any Business Registration, Use Permit or Any Application for Massage Establishments in any zone, and on December 21, 2016, Moorpark City Council adopted Ordinance No. 442 ("Moratorium Ordinance"), extending this moratorium by 10 months and 15 days through November 10, 2017; and WHEREAS, on November 16, 2016, the City Council adopted Resolution No. 2016-3557 directing the Planning Commission to study, hold a public hearing, and provide a recommendation to the City Council on an Amendment to Chapter 17.20 (Uses by Zone) of Title 17 (Zoning) of the Moorpark Municipal Code to address massage establishments, electronic cigarette (vaping) establishments, hookah lounges, retail tobacco and electronic cigarette (vaping) supply sales from stores other than tobacco stores or electronic cigarette (vaping) establishments, marijuana cultivation, check cashing and payday loan establishments, and retail establishments, financial institutions, and restaurants with drive-through facilities; and WHEREAS, at a duly noticed public hearing on April 25, 2017, the Planning Commission considered Zoning Ordinance Amendment No. 2017-02 to address marijuana and medical marijuana cultivation, tobacco sales including electronic cigarettes, drive-through facilities, check cashing, payday loan, and vehicle title loan establishments, and massage establishments, opened the public hearing and took and considered public testimony; closed the public hearing, and after discussion, adopted Resolution No. PC-2017-616, recommending approval of Zoning Ordinance Amendment No. 2017-02; and WHEREAS, at a duly noticed public hearing on May 17, 2017, the City Council considered Zoning Ordinance Amendment No. 2017-02, 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 CC ATTACHMENT 1 8 Ordinance No. Page 2 WHEREAS, notices of the public hearings before the Planning Commission and City Council were published in the Ventura County Star with a 1/8 page ad, mailed to apartment managers of apartments for senior and disabled residents in Moorpark and to the Area Housing Authority of the County of Ventura, and were posted at the Moorpark Active Adult Center to satisfy Sections 65090 and 65091 of the Government Code, including subsections (d) as changes to the Zoning Ordinance are proposed that would affect commercial drive-in or drive-through facilities; 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, as this ordinance does not authorize any additional uses or expand the permitted location of any uses within the City. 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, as this ordinance does not authorize any additional uses or expand the permitted location of any uses within the City. 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. 2017-02 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. 2017-02 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. 2017-02, which amends 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. 9 Ordinance No. Page 3 SECTION 6. Ordinance No. 442, the Moratorium Ordinance, is rescinded upon the effective date of this ordinance. SECTION 7. 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 , 2017. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Exhibit A—Zoning Ordinance Amendment No. 2017-02 10 Ordinance No. Page 4 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. 2017-02 AMENDMENTS TO CHAPTER 17.20 (USES BY ZONE) OF TITLE 17 (ZONING) OF THE MOORPARK MUNICIPAL CODE No. 9 in Section A, Agricultural Uses (minimum lot size of 5 acres required), of Table 17.20.050 in Section 17.20.050 is amended as follows: RPD 20U-N- Zones O-S A-E R-A R-E R-O R-1 R-2 RPD D TPD • 9. Commercial Ccultivation of marijuana or medical marijuana; other than medical ayuaaa-plants use-4-a-qualified-patient residing on the erty allowed by Health and 11362.77 No. 17 in Section D. Accessory and Miscellaneous Uses, of Table 17.20.050 in Section 17.20.050 is added as follows: RPD 20U-N- Zones O-S A-E R-A R-E R-O R-1 R-2 RPD D TPD 17. Indoor personal cultivation of marijuana or medical marijuana of up to six(6) plants per private residence when consistent with Health and Safety Code Section 11362.2 for marijuana or NZC NZC NZC NZC NZC NZC NZC NZC NZC NZC Health and Safety Code Section 11362.77 for medical marijuana • (Outdoor personal cultivation of marijuana or medical marijuana is prohibited) NZC: No Zoning Clearance is required prior to initiation of this use. 11 Ordinance No. Page 5 No. 26 in Section A, Retail and Service 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 26.Tobacco Sales Retail smoking ' CUP products stores,as defined in Section 8- 32.010.N b. Sale of tobacco products and electronic cigarette(vaping)products from retail AP AP AP AP establishments other than tobacco stores c. Smoking and vapinq lounges where tobacco and vaping products are sold for on- site consumption (e.g.cigar lounges, hookah lounges,vaping lounges)other than tobacco stores No. 3 b. in Section B. Eating and Drinking Places, 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 1 b.With drive-in or drive-through facilities (sale of alcoholic beverages from the drive-in or drive-through facilities is prohibited) with CUR CUP CUR CUP CU or without outdoor seating (Only permitted in the CPD Zone) No. 1 in Section C. Office and Professional 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 1. Financial services a. Banks and other financial institutions, ZC ZC ZC ZC ZC ZC ZG except those set forth below b. Check cashing, payday loan, and vehicle title loan establishments (Only permitted in AP CPD Zone) 12 Ordinance No. Page 6 No. 3 in Section C, Office and Professional 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 3. Professional and administrative offices, including, but not limited to:accounting, advertising agencies,chiropractic,collection services;dental,direct mail marketing companies, employment agencies, engineering services, insurance,investment, _•_ -•.. - _.- ;medical, ZC ZC ZC ZC ZC ZC 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 No. 5 in Section C, Office and Professional Uses, of Table 17.20.060 in Section 17.20.060 is added as follows: CPD Zones C-O C-1 C-2 C-OT M-1 M-2 5. Massage Establishments when in compliance with Title 5.48 of Moorpark Municipal Code a. Massage Establishments with four(4) or more massage stations, or where twenty (20)percent or more of the floor area is CUP dedicated to massage services (Only permitted in the CPD Zone) b. Massage Establishments at day spas, salons,or similar uses with three(3)or fewer massage stations, provided that less than ZC ZC ZC ZC twenty(20) percent of the floor area is dedicated to massage services No. 5 in Section F, Accessory and Miscellaneous Uses, of Table 17.20.060 in Section 17.20.060 is added as follows: CPD Zones C-O C-1 C-2 C-OT M-1 M-2 5. Drive-through facilities associated with permitted uses in the zone other than eating CUP CUP OUB and drinking places (Not allowed in C-2 Zone) -END- 13