HomeMy WebLinkAbout18 ORD 1322-SECOND READ: PROHIBITED USES 12-04-06AGENDA REPORT
Agenda Item 18
Reviewed:
City Manager
Finance Director N/A
MEETING DATE: DECEMBER 4,2006
TO: WILLIAM HUSTON, CITY MANAGER
FROM: OFFICE OF THE CITY CLERK
SUBJECT: ORDINANCE SECOND READING - CODE AMENDMENT 06-007 -
AN ORDINANCE REGARDING CONSISTENCY OF ANY USE,
ENTITLEMENT, AUTHORIZATION, LICENSE, OR PERMIT WITH
APPLICABLE STATE AND FEDERAL LAWS (ORDINANCE NO. 1322)
SUMMARY:
The City Council previously adopted interim urgency ordinances prohibiting the
establishment of medical marijuana dispensaries. The second interim urgency
ordinance will expire in approximately two months. In lieu of extending this moratorium
for one additional year, staff and the City Attorney are proposing the City adopt an
ordinance that will expressly provide that any use proposed for any district in the City
must be consistent with federal and state law. This prohibition would extend to medical
marijuana dispensaries since such uses are inconsistent with federal law. At its meeting
of November 13, 2006, the Planning Commission recommended approval of Ordinance
No. 1322.
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1322 (roll call vote).
FISCAL IMPACT:
None.
BACKGROUND:
On November 20, 2006, the City Council had first reading by title only and introduction
of the following Ordinance:
ORDINANCE NO. 1322 - An ordinance of the City of Tustin, California, adding
Subsection d to Section 9270 and Subsection f to Section 9298 of the Tustin City
Code, relating to the establishment of prohibited uses in all zoning districts
Maria R. Huizar,
Chief Deputy City Clerk
ORDINANCE NO. 1322
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
ADDING SUBSECTION d TO SECTION 9270 AND
SUBSECTION f TO SECTION 9298 OF THE TUSTIN CITY
CODE, RELATING TO THE ESTABLISHMENT OF
PROHIBITED USES IN ALL ZONING DISTRICTS.
The City Council of the City of Tustin, California, finds and determines as follows:
A. The City Council of the City of Tustin finds that the addition of specific
zoning provisions prohibiting illegal uses will make it easier for the City to address the
permissibility of such uses in situations where there may be a conflict between local,
state, or federal law.
B. The City Council's purpose and intent of this ordinance prohibiting illegal
uses, including medical marijuana dispensaries, is to promote the health, safety, morals
and general welfare of the residents and businesses within the City.
C. The City Council finds that this Ordinance is declaratory of existing law
and intent of the current Tustin City Code.
D. This Ordinance is categorically exempt from environmental review
pursuant to CEQA Guidelines Section 15061 (C)(2).
The City Council of the City of Tustin ordains:
Section 1. Subsection d is added to Section 9270 of the Tustin City Code to read:
d Prohibited Uses
Any use that is not expressly permitted in a district as a permitted use or as a
conditionally permitted use, including a use in a district determined to be similar in
character to a particular use allowed in such district as provided in this Code, shall be
deemed a prohibited use and such use shall not be allowed in such district.
Section 2. Subsection f is added to Section 9298 of the Tustin City Code to read:
f Consistency With All Laws
Notwithstanding any provision of this Code to the contrary, any use, entitlement,
authorization, license, or permit allowed or issued under this Code, including without
limitation any accessory or ancillary use, shall be consistent with applicable state and
federal law. Any use or activity that is illegal under local, state, or federal'aw shall be
deemed a prohibited use in all districts within the City.
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Section 3. The provisions of this Chapter are declared to be separate and severable.
The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
Ordinance, or the invalidity of the application thereof to any person or circumstance
shall not affect the validity of the remainder of this Ordinance, or the validity of its
application to other persons or circumstances.
Section 4. This Ordinance shall become effective at 12:01 am on the thirty-first day
after passage.
PASSED, APPROVED, AND ADOPTED this _ day of
2006.
DOUG DAVERT, MAYOR
ATTEST:
PAMELA STOKER, CITY CLERK
APPROVED AS TO FORM:
DOUGLAS HOLLAND, CITY ATTORNEY
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ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTI N )
ORDINANCE NO. 1322
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of the City
Council of the City of Tustin is five; that the above and foregoing Ordinance was passed
and adopted at a regular meeting of the City Council held on the _ day of
,2006, by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
PAMELA STOKER, CITY CLERK
Published:
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