HomeMy WebLinkAboutOrd 2016-3362-A ORDIi�?ANCE I�O. 3362-A
ENIERGENCY ORDT�'ANCE OF THE CITY OF CHULA
VISTA AA4ENDII�'G CHAPTER 19.02 OF THE CHULA VISTA
MUI�'ICIPAL CODE TO AFF]RI�4 PERI�4ISSIVE ZOt�'I1�'G
PRII�'C[PLES A1VD TO CLARIFY THAT USES PROHIBITED
ELSE\4'HERE II�' THE MiJI�'ICIPAL CODE ARE ALSO
PROHIBITED LAI�'D USES
��'HEREAS, the impems for this subject amendment to Municipal Code Chapter 19.02
stems from the state la�+�s eo��eming medical marijuana; and
WHEREAS, on October 9, 201�; Govemor Jem- Bro�+�n signed the "Medical Marijuana
Regulation and Safetv AcY' (the "Act"), which is comprised of the state leeislati��e bills knoNm
as AB 243. AB 266. and SB 643. into law: and �
WHEREAS: the Act becomes effecti��e January l, 2016 and contains provisions that
govem the cultivating, processing; transporting; testine, and distributing of inedical cannabis
(i.e., marijuana) to qualified patients; and
WHEREAS; the Act states that a local eo��emment that ��ishes to pre��ent marijuana
cultivation, as defined in the Business and Professions Code section 19300.�(1), must ha��e a ]and
use regulation or ordinance regulatine or prohibiting the cultivation of marijuana, either
expressly or otherwise under the principles of permissive zonine, prior to March l, 2016 to retain
jurisdiction over such cultivation (Health and Safety Code 11362.777(c)(4)); and
WHEREAS; the Chula Vista Municipal Code expressl�� prohibits the cultivation of
medical marijuana in Title �, section �.66.020; and
«'HEREAS, the Chula Vista Municipal Code in Title 19 operates as a permissi��e zonine
code. ���hereby uses not expressl}� permitted are prohibited; and
WHEREAS. it is necessan� that this Emereencv Ordinance be immediatelv enacted to
ensure that the City of Chula Vista meets the March 1, 2016 deadline required to maintain
jurisdiction over the cultivation of marijuana under state law; and
�VHEREAS, the Director of Development Services has re��iewed the proposed project for
compliance N�ith the Califomia Environmental Qualiri� Act (CEQA) and has determined that the
activity is not a "Project ' as defined under Section 1>378 of the state CEQA Guidelines because
it w�ill not result in a physical chan2e in the environment; therefore, pursuant to Section
_ 1�060(c)(3) of the State CEQA Guidelines. the activitv is not subject to the CEQA. In addition.
and nohvithstanding the foregoing. the Director of De��elopment Sen-ices has also determined
that there is no possibility that the acti��irv may ha��e a sienificant effect on the emironment;
therefore. pursuant to Section 1�061(b)(3) of the State CEQA Guidelines, the activit�� is not
subject to the CEQA. Thus. no en��ironmental re��iew is required; and
Emergency Ordinance No. 3362-A
Page No. 2
R�IIEREAS, 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
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 Municipa] Code cunently 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 Cit}�'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 inedical
marijuana under Chapter 5.66, is also prohibited as a land use under Title 19.
3. On January 26, 2016, the City Counci] held a public meeting during which it
considered the adopiion of this Emergency Ordinance pursuant to Califomia
Govemment Code § 36937 and the Chula Vista Charter § 311. Both California
Government Code § 36937 and Chula Vista Charter § 311 allow the adoption of such
emergency ordinances to take effect immediately to ensure the immediate
preservation of the public peace, health, safety and general welfare in the City of
Chula Vista.
4. The City Council finds that the amendments to the Ciry's Municipal Code
implemented by this Emergency Ordinance are immediately necessary as an
emergency measure in order to meet the March 1, 2016 deadline imposed by newly
enacted California Health and Safety Code § 11362.777(c)(4). The Emergency
Ordinance is necessary to protect the public safety, health, and welfare of Chula Vista
residents as it maintains and secures local jurisdiction over the cultivation of inedical
marijuana and prevents negative secondary side effects related to the cultivation of
medical marijuana as previously recognized by the City Council in its adoption of
Chula Vista Ordinance 3204 on September 20, 2011.
Emereencv Ordinance No. 3362:A
Paee No. 3
THE CITI' COiJ\'CIL OF THE CITY OF CHULA V[STA DOES FURTHER ORDAI.�
as follows:
Section II. That Chapter 19.02 of the Chula Vista 1�9unicipal Code is hereby amended to read as
follo�vs:
Chapter 19.02 — Geueral Pro��isious
19.02.070 Permissive Zouing Principle
The pro��isions of this title aze go��emed b�� the principles of permissive zonine; whereb��
an}� use not permitted is prohibited. �
19.02.080 Actions Prohibited Else��here In Code
Actions prohibited else���here in this code are also prohibited as land uses under this Title.
Section [II. Severabiliri�
If anv portion of this Emeroency Ordinance, or its application to am� person or
circumstance. is for an�� reason held to be invalid. unenforceable or unconstimtional, bv a court
of competent jurisdiction. that portion shall be deemed severable, and such in��aliditv;
unenforceability or unconstitutionalit}� shall not affect the validity or enforceability of the
remaining portions of the Emereenc�� Ordinance, or its application to an} other person or
circumstance. The Cit�� Council of the Citv of Chula Vista herebv declazes that it H�ould ha��e
adopted each section. sentence. clause or phrase of this Emergenc}� Ordinance, irrespective of the
fact that any one or more other sections, sentences, clauses or phrases of the Emersency
Ordinance be declared invalid. unenforceable or unconstimtional. �
Section IV. Construction
The Cit�� Council of the Citv of Chula Vista intends this Emeraencv Ordinance to
supplement, not to duplicate or contradict. applicable state and federal la�� and this Emergenc}�
Ordinance shall be construed in lieht of that intent.
Section V. Effective Date
This Emereencv Ordinance shall tal:e effect and be in force immediatel}� upon adoption
b�� the Cit�� Council.
Section VI. Publication
The Cih� Clerk shall certifi� to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to la�a.
Emergenc�� Ordinance No. 3362:A
Paee No. 4
Presented by Approved as to form by
i
� �'i ,;
{ �
Kelly G. roughton, FASLA � len R. ogins
Director of Development Sen�ices ity Atto ey
PASSED; APPROVED; and ADOPTED by the Ciry Council of the City of Chula Vista,
California; this 26th day of January 2016, by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, McCann, Miesen and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
i
Ma`� as, Mayor
ATTEST:
,
� Y��h�
Donna R. Norris;• MC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3362-A was passed as an emergency measure on the 26th day of January, 2016.
Executed this 26th day of January, 2016.
��� ���
Donna R. Norris, CMC, City Clerk