HomeMy WebLinkAboutItem 4 - Attachment 2 - Draft CC Ordinance•I-1�;2TOWOM
ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 19.02 OF THE CHULA VISTA
MUNICIPAL CODE TO AFFIRM PERMISSIVE ZONING
PRINCIPLES AND TO CLARIFY THAT USES
PROHIBITED ELSEWHERE IN THE MUNICIPAL CODE
ARE ALSO PROHIBITED LAND USES
WHEREAS, the impetus for this subject amendment to Municipal Code Chapter 19.02
stems from the state laws governing medical marijuana; and
WHEREAS, on October 9, 2015, Governor Jerry Brown signed the "Medical Marijuana
Regulation and Safety Act" (the "Act "), which is comprised of the state legislative bills known
as AB 243, AB 266, and SB 643, into law; and
WHEREAS, the Act becomes effective January 1, 2016 and contains provisions that
govern the cultivating, processing, transporting, testing, and distributing of medical cannabis
(i.e., marijuana) to qualified patients; and
WHEREAS, the Act states that a local government that wishes to prevent marijuana
cultivation, as defined in the Business and Professions Code section 19300.5(1), must have a land
use regulation or ordinance regulating or prohibiting the cultivation of marijuana, either
expressly or otherwise under the principles of permissive zoning, prior to March 1, 2016 to retain
jurisdiction over such cultivation (Health and Safety Code 11362.777(c)(4)); and
WHEREAS, the Chula Vista Municipal Code expressly prohibits the cultivation of
medical marijuana in Title 5, section 5.66.020; and
WHEREAS, the Chula Vista Municipal Code in Title 19 operates as a permissive zoning
code, whereby uses not expressly permitted are prohibited; and
WHEREAS, the Director of Development Services has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
activity is not a "Project" as defined under Section 15378 of the state CEQA Guidelines because
it will not result in a physical change in the environment; therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines, the activity is not subject to the CEQA. In addition,
and notwithstanding the foregoing, the Director of Development Services has also determined
that there is no possibility that the activity may have a significant effect on the environment;
therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines, the activity is not
subject to the CEQA. Thus, no environmental review is required; and
WHEREAS, the Planning Commission previously held a public hearing on this matter
and recommends that the City Council affirm permissive zoning principles and clarify that uses
prohibited elsewhere in the Municipal Code are also prohibited land uses; and
Attachment
WHEREAS, the Director of Development Services set the time and place for a public
hearing on the Amendment to Chapter 19.02, and notice of the public hearing, together with its
purpose, was given by its publication in a newspaper of general circulation in the City at least 10
days prior to the public hearing.
NOW, THEREFORE, BE IT ORDAINED, that the City Council of the City of Chula
Vista hereby makes the following findings:
Section I.
1. That section 19.08.020 of the Municipal Code currently declares unlawful any land
uses not permitted in the City of Chula Vista, as such, the City Council finds and
affirms that the City's Zoning Code has and continues to operate as a permissive
zoning code. Therefore, the City Council desires to enact an ordinance amending
Municipal Code Chapter 19.02 to affirm and make clear that Title 19 operates under
permissive zoning principles and that any use not permitted, including the cultivation
of marijuana, is prohibited.
2. That while cultivation of marijuana is currently prohibited under the City's
permissive zoning regimen and under Chapter 5.66 of the City's Municipal Code, the
City Council desires to amend Chapter 19.02 to make clear that any action prohibited
elsewhere in the Municipal Code, which would include the cultivation of medical
marijuana under Chapter 5.66, is also prohibited as a land use under Title 19.
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES FURTHER ORDAIN
as follows:
Section II. That Chapter 19.02 of the Chula Vista Municipal Code is hereby amended to read as
follows:
Chapter 19.02 — General Provisions
19.02.070 Permissive Zoning Principle
The provisions of this title are governed by the principles of permissive zoning, whereby
any use not permitted is prohibited.
19.02.080 Actions Prohibited Elsewhere In Code
Actions prohibited elsewhere in this code are also prohibited as land uses under this Title.
Section III. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section IV. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section V. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section VI. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by
Kelly Broughton, FASLA
Development Services Director
Approved as to form by
Glen R. Googins,
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California on this 26th day of January, 2016, by the following vote:
AYES:
Councilmembers:
NAYS:
Councilmembers:
ABSENT:
Councilmembers:
ABSTAIN:
Councilmemebers:
Mary Casillas Salas, Mayor
ATTEST:
Dor a Norris, City Clerk
STATE OF CALIFORNIA }
COUNTY OF SAN DIEGO } ss.
CITY OF CHULA VISTA }
I, Donna Norris, City Clerk of the City of Chula Vista, California, do hereby certify that the
foregoing Ordinance No. XXXX had its first reading at a regular meeting held on the 26h day of
January, 2016 and its second reading and adoption at a regular meeting of said City Council held
on the 2'd day of February, 2016.
Executed this 2 °d day of February, 2016.
Donna Norris, City Clerk