Title
ORDINANCE NO. 3411 OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.80 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO SEX OFFENDER RESIDENCY RESTRICTIONS (SECOND READING AND ADOPTION)
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RECOMMENDED ACTION
Recommended Action
Council adopt the ordinance.
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SUMMARY
Recent California court decisions have held that sex offender residency restrictions determined on an individualized probation or parole basis are permitted, but that laws placing a residency restriction uniformly on all sex offenders are unconstitutional. As a result, it is necessary and appropriate for the City to modify chapter 9.80 to remove the blanket residency restriction applicable to all Penal Code 290 registrants.
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.
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Environmental Determination
The proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because the activity consists of administrative/fiscal actions that will not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
The City of Chula Vista adopted Chula Vista Municipal Code ("CVMC") chapter 9.80 in March 2006 to impose local residency restrictions on sex offenders in the interest of public safety. CVMC chapter 9.80 applies to all individuals who have committed a sexual offense against or involving a minor for which the person must register as a sex offender pursuant to Penal Code section 290. The chapter prohibits such individuals from residing withi...
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