city of Chula Vista

File #: 14-0438    Name: Amendment to CVMC Title 19 - Regulating Planning and Zoning
Type: Consent Item Status: Passed
In control: City Council
On agenda: 7/22/2014 Final action: 7/22/2014
Title: ORDINANCE NO. 3316 OF THE CITY OF CHULA VISTA AMENDING TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE REGULATING PLANNING AND ZONING (SECOND READING AND ADOPTION)
Attachments: 1. Item 5 - Ordinance, 2. Item 5 - List of Exhibits, 3. Item 5 - Summary of Exhibits, 4. Item 5 - Chief of Police David Bejarano's Testimony, 5. Item 5 - Chula Vista Police Chief David Bejarano CV, 6. Item 5 - Planning Commission Resolution, 7. Item 5 - Copy of Chula Vista Available Sites 6-8-14, 8. Item 5 - Available Sites for Adult Business Use, 9. Items 4 and 5 - Presentation
Related files: 14-0273
Title
ORDINANCE NO. 3316 OF THE CITY OF CHULA VISTA AMENDING TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE REGULATING PLANNING AND ZONING (SECOND READING AND ADOPTION)

Body
RECOMMENDED ACTION
Recommended Action
Council adopt the ordinance.

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 Section 15060(c)(3) of the State CEQA Guidelines the proposed activity is not subject to CEQA. Notwithstanding the forgoing, the Development Services Director has further determined that ther...

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