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HomeMy WebLinkAboutCC ORD 2021-2487 Commercial Cannabis ActivityAFFP 106119 Ord 2021-2487 - Chapel Affidavit of Publication STATE OF CALIFORNIA } SS COUNTY OF SAN DIEGO } I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principle clerk of the printer of THE STAR -NEWS, a newspaper of general circulation, published ONCE WEEKLY in the city of Chula Vista and the South Bay Judicial District, County of San Diego, which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, under the date of January 18, 1973, Case Number 71752; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil}, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: May 14, 2021 That said newspaper was regularly issued and circulated on those dates. SIGNED: ica Subscribed to and sworn by me this 14th day of May 2021. Chula Vista, San Diego County, California 00003581 00106119 CHERYL NEWELL CV -CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 NOTICE AND SUMMARY OF ADOPTED Ordinance No. 2021-2487 which was introduced at the City Council meeting of MARCH 2, 2021, and April 5, 2021, and adopted at the regular City Council meeting of May 4, 2021, by a roll call vote. Full text is available in the City Clerk's Office, 1243 National City Boulevard, National City CA 91950-4397 and on the City website:www.nationalcityca.gov ORDINANCE NO. 2021-2487 AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADDING CHAPTER 9.60 TO THE NATIONAL CITY MUNICIPAL CODE REGULATION OF COMMERCIAL CANNABIS ACTIVITY. Councilmembers voting aye: SOTELO-SOLIS, RODRIGUEZ, BUSH, RIOS Councilmembers voting noe: MORRISON Councilmembers absent: NONE Councilmembers disqualified: NONE s://Shelley Chapel, MMC Deputy City Clerk Published in the Star News, Friday, May 14, 2021 CV106119 5/14/21 RECEIVED MAY 18 2021 Office of the City Clerk City of National City AFFP 106118 Ord 2021-2488 - Chapel Affidavit of Publication STATE OF CALIFORNIA } SS COUNTY OF SAN DIEGO } I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principle clerk of the printer of THE STAR -NEWS, a newspaper of general circulation, published ONCE WEEKLY in the city of Chula Vista and the South Bay Judicial District, County of San Diego, which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, under the date of January 18, 1973, Case Number 71752; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: May 14, 2021 That said newspaper was regularly issued and circulated on those dates. SIGNED: Subscribed to and sworn by me this 14th day of May 2021. Chula Vista, San Diego County, California 00003581 00106118 CHERYL NEWELL CV -CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVI' NATIONAL CITY, CA 91950,, RECEIVED MAY 1 8 2021 Office of the City Clerk City of NatiOnal City ORDINANCE NO. 2021 — 2488 AN ORDINANCE AMENDING SECTIONS 18.30.340 (MEDICAL MARIJUANA DISPENSARIES) AND 18.30.345 (MEDICAL MARIJUANA CULTIVATION) OF TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE WHEREAS, the City of National City (the "City"), pursuant to the police powers delegated to it by the California Constitution, has the authority to enact or amend laws which promote the public health, safety, and general welfare of its residents; and WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code; and WHEREAS, on March 15, 2021, a noticed Public Hearing was held by the Planning Commission, and all persons interested were given the opportunity to appear and be heard before the National City Planning Commission; and WHEREAS, the Planning Commission regularly and duly certified its report to the City Council of National City and has recommended denial of amending NCMC Title 18: and WHEREAS, pursuant to a published 10-day notice of the adoption of said ordinance, a Public Hearing was held by the City Council on April 6, 2021, and at said Public Hearing, all persons interested were given the opportunity to appear and be heard before the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1. All protests, if any, against said amendment to the Municipal Code and each of them be and hereby are denied and overruled. Section 2. Section 18.30.340 (Medical Marijuana Dispensaries) is hereby amended to read as follows: 18.30.340 - Commercial Marijuana Activity A. Prohibition. 1. Commercial marijuana activity is prohibited except as provided for in Chapter 9.60 of the National City Municipal Code. B.  Definitions. 1. "Commercial marijuana activity" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery, or sale of marijuana and marijuana products. 2. For purposes of this section, "marijuana" shall have the same meaning as the definition of that word in Section 11018 of the California Health and Safety Code. Section 3. Section 18.30.345 (Medical Marijuana Cultivation) is hereby struck in its entirety. Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. Section 5. This Ordinance shall take effect and be in force thirty (30) days from the date of its passage, and before the expiration of fifteen (15) days after its passage, it or a summary of it, shall be published once, with the names of the members of the City Council voting for and against the same in the Star News, a newspaper of general circulation published in the County of San Diego, California. PASSED and ADOPTED this 4TH day of May, 2021. S:/IAlejandra Sotelo-Solis, Mayor ATTEST: s://Luz Molina, City Clerk APPROVED AS TO FORM: s://Charles E. Bell Jr., City Attorney Passed and adopted by the Council of the City of National City, California, on May 4, 2021, by the following vote, to -wit: Ayes: Sotelo-Solis, Rodriguez, Bush, Rios Nays: Morrison Absent: None. Abstain: None. AUTHENTICATED BY: s//Alejandra Sotelo-Solis, Mayor of the City of National City, California s://Luz Molina, City Clerk of the City of National City, California s://Shelley Chapel, MMC, Deputy City Clerk, City of National City, California I HEREBY CERTIFY that the foregoing Ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on April 6, 2021. I FURTHER CERTIFY THAT said Ordinance was read in full prior to its final passage or that the reading of said Ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said Ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2021-2488 of the City Council of the City of National City, passed and adopted by the Council of said City on May 4, 2021. s://Luz Molina, City Clerk of the City of National City, California s://Shelley Chapel, MMC, Deputy City Clerk, City of National City, California CV106118 5/14/21 RECEIVED MAY Y 8 2021 Qioe of the Gh' perk tY of Nattnal tray