city of Chula Vista

File #: 14-0273    Name: Amendment to CVMC Title 19 - Regulating Planning and Zoning
Type: Public Hearing Status: Passed
In control: City Council
On agenda: 7/8/2014 Final action:
Title: CONSIDERATION OF AMENDING TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE RELATED TO LOCATIONAL AND ZONING PROVISIONS FOR REGULATION OF SEXUALLY ORIENTED BUSINESSES ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE REGULATING PLANNING AND ZONING (FIRST READING)
Attachments: 1. Item 23 - Ordinance, 2. Item 23 - List of Exhibits, 3. Item 23 - Summary of Exhibits, 4. Item 23 - Chief of Police David Bejarano's Testimony, 5. Item 23 - Chula Vista Police Chief David Bejarano CV, 6. Item 23 - Planning Commission Resolution, 7. Item 23 - Copy of Chula Vista Available Sites 6-8-14, 8. Item 23 - Available Sites for Adult Business Use, 9. Items 22 and 23 - Presentation
Related files: 14-0272, 14-0438, 14-0316
Title
CONSIDERATION OF AMENDING TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE RELATED TO LOCATIONAL AND ZONING PROVISIONS FOR REGULATION OF SEXUALLY ORIENTED BUSINESSES

ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE REGULATING PLANNING AND ZONING (FIRST READING)

Body
RECOMMENDED ACTION
Recommended Action
Council conduct the public hearing and place the ordinance on first reading.

Body
SUMMARY
The existing provisions of the Chula Vista Municipal Code (Municipal Code) pertaining to the locational regulations of sexually oriented businesses are in need of updating and should be enhanced to reduce and/or preclude undesirable secondary effects. Accordingly, staff and its legal consultant have completed a thorough review of the various specific plans and various zoning restrictions at play in the City as to sexually oriented businesses. As a result of this research and review process, the proposed ordinance provides the requisite balance between the City's interests in protecting the public safety, health, and welfare and the constitutional protection afforded to sexually oriented businesses. Moreover, the proposed ordinance provides the evidentiary and factual foundation required to reasonably conclude that sexually oriented business can create potentially serious and deleterious secondary effects in the Chula Vista community, and therefore, the City's sexually oriented business regulations should be updated. This ordinance is constitutionally sound as it provides a reasonable range of potential sites.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed activity is not a "Project" as defined under section 15378 of the State CEQA Guidelines because the adoption of this ordinance, will not result in a physical change to the environment; therefore, pursuant to Secti...

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