HomeMy WebLinkAboutOrd 2020-3479ORDINANCE NO. 3479
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE SECTION 5.19.050.D TO
ELIMINATE ONE-YEAR WAITING PERIOD APPLICABLE
TO CERTAIN NEW CANNABIS BUSINESS LICENSE
APPLICANTS
WHEREAS, pursuant to its police powers, including but not limited to California
Constitution Article XI, Section 5(b) authority over municipal affairs, the City of Chula Vista has
general authority over the public health, safety, and welfare of its citizens; and
WHEREAS, under California Business and Professions Code Section 26200(a)(1), local
jurisdictions are authorized to either permit and regulate or prohibit the operation of cannabis
businesses within their boundaries; and
WHEREAS, Chula Vista Municipal Code Chapter 5.19 identifies and describes the
City’s regulatory structure for Commercial Cannabis Businesses; and
WHEREAS, Chula Vista Municipal Code Section 5.19.050.D contains general rules
regarding the City of Chula Vista’s cannabis license application process; and
WHEREAS, a provision requiring certain applicants to wait twelve months prior to
reapplying for a commercial cannabis license is unnecessary and prevents the submission of
applications that may otherwise qualify for licensure; and
WHEREAS, the proposed amendments do not cause a substantial change to the
objectives and policies contained in Chula Vista Municipal Code Chapter 5.19, but instead
facilitate City’s ability to implement such objectives and policies; and
WHEREAS, it is the intent of the City Council to authorize lawful cannabis businesses to
operate in the City of Chula Vista, subject to the City’s identified regulations and restrictions.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section I.
A. Chapter 5, Section 5.19.050.D of the Chula Vista Municipal Code is amended to read as
follows:
D. General Rules.
1. Phase One and Phase Two applications shall include such supplemental materials as
required by the rules and regulations adopted pursuant hereto. The City may, at the City
Manager’s discretion, require additional documentation associated with any application as
may be necessary to enforce the requirements of State Laws and this Code.
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2. Applicants shall have no right to operate under a City License until a City License is
actually issued thereto by the City. Each Applicant assumes the risk that, at any time prior to
the issuance of a license, the City Council may terminate or delay the program created under
this chapter.
3. Issuance of a City License does not create a land use entitlement. Furthermore, no City
License will be officially issued and no Applicant awarded a City License may begin
operations until the City Licensee is fully in compliance with all State and local laws and
regulations, including but not limited to State Laws.
4. The City reserves the right to reject or approve any and all applications and conditional
licenses based on the standards set forth in this chapter, or otherwise in its sole discretion,
taking into account the health, safety and welfare of the community, and in accordance with
its general police powers authority.
Section II. 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 III. 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 IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. 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.
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Presented by Approved as to form by
Gary Halbert Glen R. Googins
City Manager City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 28th day of January 2020, by the following vote:
AYES: Councilmembers: Diaz, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3479 had its first reading at a regular meeting held on the 14th day of January
2020, and its second reading and adoption at a regular meeting of said City Council held on the
28th day of January 2020; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
Dated Kerry K. Bigelow, MMC, City Clerk
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