HomeMy WebLinkAboutOrdinance #4058 ORDINANCE NO. 4058
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
ADDING SECTION 204.18 TO CHAPTER 204 OF THE
ZONING AND SUBDIVISION ORDINANCE TITLED
USE CLASSIFICATIONS
(ZONING TEXT AMENDMENT NO. 15-004)
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate, duly
noticed public hearings to consider Zoning Text Amendment No. 15-004, which amends Chapter
204 of the Huntington Beach Zoning and Subdivision Ordinance relating to use classifications;
and
After due consideration of the findings and recommendations of the Planning
Commission and all other evidence presented, the City Council finds that the aforesaid
amendment is proper and consistent with the General Plan;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. Section 204.18 of the Zoning and Subdivision Ordinance is hereby added
to read as follows:
204.18 Prohibited Uses.
A. Purpose. In order to expressly inform the public that any distribution of
marijuana by Medical Marijuana Businesses, Collectives, Cooperatives or
Dispensaries, etc. are prohibited in the City of Huntington Beach, the City is
adding this express prohibition to the Zoning and Subdivision Ordinance.
B. Definitions. For purposes of this section, the following term is defined:
1. Medical Marijuana Business, Collective, Cooperative or Dispensary
means any location, structure, facility, vehicle, business, store, co-op,
residence, or similar facility used, in full or in part, as a place at or in
which marijuana is sold, traded, exchanged, bartered for in any way, made
available, located, stored, displayed, placed or cultivated, including any of
the foregoing if used in connection with the distribution of marijuana.
1 5-4665/1 1 898 6.doc 1
Ordinance No . 405 .8 . I
C. Medical Marijuana Businesses, Collectives, Cooperatives or Dispensaries. A
Medical Marijuana Business, Collective, Cooperative or Dispensary or any other
such business, no matter how so named, is not a permitted use in any zoning
district or specific plan in the City. It shall be unlawful for any person or entity to
own, manage, establish, conduct or operate a Medical Marijuana Business,
Collective, Cooperative or Dispensary. Also, it shall be unlawful for any person
to permit to be established, conducted, operated, owned or managed as a landlord,
owner, employee, contractor, agent or volunteer, or in any other manner or
capacity, any medical marijuana business, collective, cooperative or dispensary in
the City.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 18 t hday of May , 2015.
M r
ATTEST: APPROVED TO F R
ity Clerk City Attorney
REVIE D APPROVED: INITIAT , AND APPROVED:
n
1 , Manager Direc of o Planning and Building
15-4665/118986.doc 2
F
Ord. No. 4058
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on May 04, 2015, and was again read to said City Council at a
regular meeting thereof held on May18,2015, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Posey, O'Connell, Katapodis, Sullivan
NOES: Hardy, Delgleize, Peterson
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Wave on
May 28,2015.
In accordance with the City Charter of said City
Joan L. Flynn,City Clerk Cit Jerk and ex-officio Jerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California