Monday, April 1, 2024
In an effort to comply with state law while also curbing the potential spread of cannabis related businesses across Moorpark, the City Council on Wednesday approved the designation of two specific locations for licensed, non-storefront medical cannabis distribution centers.
The five-member council’s unanimous decision marked the first reading of a zoning or- dinance amendment, allowing medicinal cannabis deliveries from these specified locations upon obtaining a conditional use permit.
Sites include properties situated at the end of Science Drive across Los Angeles Avenue from Smart & Final, as well as another on Condor Drive behind Pennymac. Falling within the M- 1 zone, these sites are subject to a mandatory 600-foot buffer from sensitive areas like residential zones, schools, parks, licensed daycare facilities, youth centers and places of religious assembly.
Emphasizing their exclusivity for delivery-based operations, City Manager Troy Brown clarified, “We are not talking about dispensaries or retail storefronts. We are not talking about a location under this ordinance that someone can physically walk up and hand someone cash and walk out with a product.”
Presently, Moorpark imposes restrictions on all cannabis-related businesses, prohibiting any locations for retail sales of medical cannabis via delivery.
However, Gov. Gavin Newsom signed SB 1186, effective Jan. 1, preventing cities from prohibiting the delivery of medicinal cannabis to authorized patients, mandating compliance within their respective jurisdictions.
“While it’s important to note that the city of Moorpark has not received any applications or inquiries to establish this use, the city must now identify locations that could accommodate this use in order to comply with state law,” said Doug Spondello, the city’s deputy community development director.
City Attorney Kevin Ennis said the ordinance is actually protecting the city from the proliferation of these types of businesses anywhere in the city.
“If you do not enact this ordinance, you have less protection in the event particular businesses engaged in medicinal delivery want to locate in the city,” Ennis said. “You basically have the possibility of those businesses self-selecting where they want to locate.”
Ennis said the city chose two properties to prevent a situation where a property owner has an exclusive say on whether or not this use comes in, making the city non-compliant with state law.
To comply with state laws, these businesses must operate between 6 a.m. and 10 p.m., adhere to strict security measures, and limit access to authorized personnel.
Spondello said staff looked at other locations, including near the police station, but those areas had different zoning and couldn’t maintain a far enough buffer from residential areas.
Councilmember Tom Means said it felt strange to designate two zones in the city for those cannabis businesses in an effort to ultimately restrict those uses throughout the rest of the city.
Mayor Chris Enegren expressed surprise at the absence of public comments during the council meeting despite extensive online debates on the matter.
He acknowledged the diverse perspectives but noted that the council’s action brought the city into compliance with the law while preempting potential legal conflicts.
Enegren said ultimately, he doesn’t see cannabis becoming an issue in the city.
“I don’t think we’re going to see a proliferation tomorrow in medical marijuana trucks driving around the city or anything,” he said.
A second reading of the ordinance and final vote will take place on Jan. 17.
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