HomeMy WebLinkAboutOrd 2016-3362 ORDII�'ANCE NO. 3362
ORDIi�'A1VCE OF THE CITY OF CHULA VISTA AMEI�TDII�'G
CH.AP7ER 19.02 OF THE CHUL.A V'1STA I�4UT'ICIPAL CODE
TO AFFIRM PERI�4ISSNE ZOT�'I?�'G PRR�'CTPLES AI��D TO
CLARIFY THAT USES PROHIBITED ELSE�1'HERE IN THE
MUTICIPAL CODE ARE ALSO PROHIBITED LAI�'D USES
VJI-IEREAS. the impetus for this subject amendment to Municipai Code Chapter 19.02
stems from the state laH-s eo��eming medical marijuana; and
W1-IEREAS, on October 9, 201�, Governor Jem Bro«�n siened the "Medical Marijuana
Regulation and Safen� Acr' (the "Acr`). ��hich is comprised of the state leeislati��e bills I:nou�n
as AB 243. AB 266. and SB 643. into lati�: and
�i'HEREAS, the Act becomes effective Januan� 1. 2016 and contains provisions that
eo��em the cultivating; processing. transportin2, testing, and distributing of inedical cannabis
(i.e.; marijuana) to qualified patients; and
R'IIEREAS, the Act states that a local government that wishes to prevent marijuana
cultivation, as defined in the Business and Professions Code section 19300.�(1): must ha��e a land
use regulation or ordinance reeulatine or prohibiting the cultivation of marijuana, either
expressl}� or other���se under the principles of permissive zoning, prior to Mazch 1. 2016 to retain
jurisdiction over such cultivation (Health and Saferv Code 11362.777(c)(4)); and
�'HEREAS, the Chula Vista Municipal Code eapressl�� prohibits the culti��ation of
medical marijuana in Title �. section �.66.020; and
R'HEREAS. the Chula Vista Municipal Code in Title 19 operates as a permissive zoning
code, �i°hereby uses not ezpressl}� permitted aze prohibited; and
V�'HEREAS, the Director of De��elopment Services has re��ie��ed the proposed project for
compliance with the California Environmental Qualit}� Act (CEQA) and has determined that the
activin� is not a "Projecr` as defined under Section 1�378 of the state CEQA Guidelines because
it N�ill not result in a physical change in the environment; thereFore. pursuant to Section
1�060(c)(3) of the State CEQA Guidelines, the activit}� is not subject to the CEQA. In addition,
and nonvithstandine the foreeoing, the Director of Development Sen�ices has also determined
that there is no possibilitv that the acti��ity ma}� ha��e a significant effect on the em�ironment;
thereFore. pursuant to Section 1�061(b)(�) of the State CEQA Guidelines; the activity is not
subject to the CEQA. Thus, no environmental re��iew is required; and
VIHEREAS. the Planning Commission prerioush� held a public hearine on this matter
and recommends that the Cit}� Council affirm permissi��e zoning principles and darifi� that uses
prohibited elsewhere in the Municipal Code are also prohibited land uses: and
Ordinance No. 3362
Paee No. 2
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 heazing, together with its
purpose; was given by its publication in a newspaper of general circulation in the City at least ]0
days prior to the public hearina.
NOW, THEREFORE; BE IT ORDAINED, that the City Council of the City of Chula
Vista hereby makes the fo1loN�ing 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 cleaz 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 inedical
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 Il. 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.
Ordinance I`'o. 3362
Pase I�o. 3
Section III. Severabilite
If anv portion of this Ordinance. or its application to an�� person or circumstance. is for
an�� reason held to be invalid. unenforceable or unconstitutional; b�� a court of competent
jurisdiction, that ponion shall be deemed severable. and such in��alidin�. unenforceabilit�� or
unconstitutionalin� shall not affect the ��alidit�� or enforceabilin� oF the remainine portions of the
Ordinance, or its application to am� other person or circumstance. The Ciri- Council of the Cin�of
Chula Vista hereb}� declares that it would have adopted each section, sentence, dause or phrase
of this Ordinance. irrespective of the fact that an} one or more other sections. sentences, ciauses
or phrases of the Ordinance be declared invalid. unenforceable or unconstitutional.
Section IV. Construction
The Citv Council of the Cit�� of Chula \'ista intends this Ordinance to supplement. not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
liaht of that intent.
Section V. Effecti�e Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passaQe.
Section VI. Publication
The Citv Clerk shall cenifi� to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form b}�
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Kellv G. Broughton, FASLA en R�600Lins,
Director of Development Services C' ��.Attomev
Ordinance No. 3362
Page No. 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 2nd day of February 20]6, by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, McCann, Miesen, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
��A�c , C,LUf'1/1� � /
Mary as, Mayor
ATTEST:
�7�t�t�a. ��_���,c/1-
Donna R. Norris, CMC, 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 had its first reading at a regular meeting held on the 26th day of January
2016 and its second reading and adoption at a regular meeting of said City Council held on the
2nd day of February 2016; and was duly published in summary forni in accordance with the
requirements of state law and the City Charter.
� � ti��-- ���
Dated Donna R. Norris, CMC, City Clerk