city of Chula Vista

File #: 16-0005    Name: Amendment to Chapter 19.02
Type: Public Hearing Status: Passed
In control: City Council
On agenda: 1/26/2016 Final action: 1/26/2016
Title: CONSIDERATION OF AMENDING CHAPTER 19.02 OF THE CHULA VISTA MUNICIPAL CODE TO AFFIRM PERMISSIVE ZONING AND CLARIFY PROHIBITED USES A. EMERGENCY ORDINANCE NO. 3362-A OF THE CITY OF CHULA VISTA AMENDING CHAPTER 19.02 OF THE CHULA VISTA MUNICIPAL CODE TO AFFIRM PERMISSIVE ZONING PRINCIPLES AND TO CLARIFY THAT USES PROHIBITED ELSEWHERE IN THE MUNICIPAL CODE ARE ALSO PROHIBITED LAND USES (4/5 VOTE REQUIRED) B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 19.02 OF THE CHULA VISTA MUNICIPAL CODE TO AFFIRM PERMISSIVE ZONING PRINCIPLES AND TO CLARIFY THAT USES PROHIBITED ELSEWHERE IN THE MUNICIPAL CODE ARE ALSO PROHIBITED LAND USES (FIRST READING)
Indexes: 1. Operational Excellence, 4. Strong & Secure Neighborhoods
Code sections: 19.02 - General Provisions
Attachments: 1. Item 8 - Planning Commission Resolution, 2. Item 8 - Ordinance 3204, 3. Item 8 - Sept. 13, 2011 Agenda Statement Packet, 4. Item 8 - Emergency Ordinance (Version A), 5. Item 8 - Ordinance (Version B), 6. Item 8 - Public Comment - Lippett.pdf, 7. Item 8 - Public Comment - Chipman.pdf
Related files: 16-0059
Title
CONSIDERATION OF AMENDING CHAPTER 19.02 OF THE CHULA VISTA MUNICIPAL CODE TO AFFIRM PERMISSIVE ZONING AND CLARIFY PROHIBITED USES

A. EMERGENCY ORDINANCE NO. 3362-A OF THE CITY OF CHULA VISTA AMENDING CHAPTER 19.02 OF THE CHULA VISTA MUNICIPAL CODE TO AFFIRM PERMISSIVE ZONING PRINCIPLES AND TO CLARIFY THAT USES PROHIBITED ELSEWHERE IN THE MUNICIPAL CODE ARE ALSO PROHIBITED LAND USES (4/5 VOTE REQUIRED)

B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 19.02 OF THE CHULA VISTA MUNICIPAL CODE TO AFFIRM PERMISSIVE ZONING PRINCIPLES AND TO CLARIFY THAT USES PROHIBITED ELSEWHERE IN THE MUNICIPAL CODE ARE ALSO PROHIBITED LAND USES (FIRST READING)

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RECOMMENDED ACTION
Recommended Action
Council conduct the public hearing, adopt emergency ordinance (A), and place ordinance (B) on first reading.

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SUMMARY
Under recently enacted state law, unless local jurisdictions enact rules governing the cultivation of medical marijuana by March 1, 2016, state laws will preempt local laws in this area. Consistent with previous City Council action, this item clarifies as a matter of city zoning laws that medical marijuana cultivation and any and all other prohibited and not expressly allowed uses are not permitted within the City. This action both clarifies the City's existing laws and avoids any argument that state laws will preempt City laws in this area starting on March 1st. This action does not prevent the City from changing its own laws at a later date.

ENVIRONMENTAL REVIEW

Environmental Notice
Environmental Notice
The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines.

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Environmental Determinat...

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