HomeMy WebLinkAboutORD 1322 (2006)
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
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federal law. Any use or activity that is illegal under local, state, or federal law shall be
deemed a prohibited use in all districts within the City.
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 his 4th day of December, 2006.
DOUG DAVERT
Mayor
PAMELA STOKER
City Clerk
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
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 5; that the above and foregoing Ordinance No. 1322 was
duly and regularly introduced at a regular meeting of the Tustin City Council, held on the
20th day of November, 2006 and was given its second reading, passed, and adopted at
a regular meeting of the City Council held on the 4th day of December, 2006 by the
following vote:
COUNCILMEMBER AYES: Davert. Amante. Bone. Kawashima. Palmer (5)
COUNCILMEMBER NOES: None (0)
COUNCILtv1EMBER ABSTAINED: None (0)
COUNCILMEMBER ABSENT: None (0)
PAMELA STOKE
CITY CLERK
Ordinance No. 1322
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