Title 20 of the Chino Municipal Code shall be known and officially cited as the "Zoning Code of the City of Chino, California" and referred to in this title as "the zoning code".

(Ord. 2010-05, § 1(exh. A), 2010.)

A.

General. The zoning code is adopted to implement the City of Chino General Plan and protect and promote the health, safety and welfare of Chino residents.

B.

Specific. The zoning code is intended to:

1.

Protect and enhance the value of property.

2.

Promote economic growth.

3.

Protect sensitive environmental resources.

4.

Promote an environmentally sustainable pattern of development.

5.

Create high quality residential neighborhoods and commercial districts.

6.

Preserve the quality of life and character of existing residential neighborhoods.

7.

Protect the public from hazards associated with natural and manmade disasters.

8.

Promote and support an efficient transportation system.

9.

Preserve and protect agricultural lands, open space and areas of natural beauty.

10.

Promote a responsive and accountable city government.

11.

Promote citizen participation and assistance.

(Ord. 2010-05, § 1(exh. A), 2010.)

The zoning code implements the goals and policies of the City of Chino General Plan by regulating the uses of land and structures within the City of Chino. The zoning code and the general plan shall be consistent with one another. If there are inconsistencies between the zoning code and the general plan, the general plan governs.

(Ord. 2010-05, § 1(exh. A), 2010.)

The zoning code shall be administered by the director of community development in conjunction with the city council, planning commission and design review board as established in Chapter 20.22 (Administration).

(Ord. 2010-05, § 1(exh. A), 2010.)

A.

Applicability to property. The zoning code applies to all land, uses and structures within incorporated area of the City of Chino.

B.

Compliance with regulations. No land shall be used and no structures built or occupied except in accordance with the provisions of the zoning code.

C.

Conflicting regulations. Where conflict occurs with other adopted ordinances, resolutions or regulations of the City of Chino or with state or federal laws and regulations, the more restrictive provision shall control unless otherwise specified in this Code.

D.

Private agreements. The zoning code is not intended to interfere with, repeal, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. Where conflict occurs between the zoning code and a private agreement, the more restrictive provision shall control. The City of Chino shall not be responsible for monitoring or enforcing private agreements, except where specifically stated in private agreements that the city is a party to.

(Ord. 2010-05, § 1(exh. A), 2010.)

A.

Legislative findings and statement of purpose.

1.

The city council finds that the prohibitions on marijuana cultivation, marijuana processing, marijuana delivery, and marijuana dispensaries are necessary for the preservation and protection of the public health, safety, and welfare for the city and its community. The cultivation, dispensing, delivery, manufacture, and other use of marijuana negatively impacts, or has the potential to negatively impact, the health, safety, and welfare of the community and public within the city. These negative impacts include, but are not limited to, damage to buildings in which cultivation, manufacturing, and dispensing occurs, including improper and dangerous electrical alterations and use, inadequate ventilation, increased occurrences of robberies and similar crimes, and nuisance impacts to neighboring properties from the strong and potentially noxious odors from the plants and increased crime. The city council's prohibition of such activities is within the authority conferred upon the city council by state law.

2.

The city council finds that the public health, safety, and general welfare of the city and its residents necessitates and requires the adoption of this zoning ordinance, prohibiting the establishment, maintenance and operation of marijuana cultivation, marijuana deliveries, marijuana dispensaries, cooperatives, and collectives, and other uses involving distribution of marijuana and marijuana related products, in order to: (a) protect and safeguard against the detrimental secondary negative effects and adverse impacts of facilities dispensing marijuana; (b) preserve and safeguard the minors, children, and students in the community from the deleterious impacts of marijuana related facilities; and (c) preserve the city's law enforcement services, in that monitoring and addressing the negative secondary effects and adverse impacts will likely burden the city's law enforcement resources. The city council further finds that due to negative secondary effects and adverse impacts of facilities and other locations cultivating, delivering and/or dispensing marijuana, the establishment and operation of these facilities and land uses will negatively impact the city.

3.

On October 9, 2015, the governor signed the "Medical Marijuana Regulation and Safety Act" ("Act") into law. The Act becomes effective January 1, 2016 and contains new statutory provisions that:

a.

Allow local governments to enact ordinances expressing their intent to prohibit the cultivation of marijuana and their intent not to administer a conditional permit program pursuant to Health & Safety Code section 11362.777 for the cultivation of marijuana (Health & Safety Code §11362.777(c)(4));

b.

Expressly provide that the Act does not supersede or limit local authority for local law enforcement activity, enforcement of local ordinances, or enforcement of local permit or licensing requirements regarding marijuana (Business & Professions Code §19315(a));

c.

Expressly provide that the Act does not limit the authority or remedies of a local government under any provision of law regarding marijuana, including but not limited to a local government's right to make and enforce within its limits all police regulations not in conflict with general laws (Business & Professions Code §19316(c)); and

d.

Require a local government that wishes to prevent marijuana delivery activity, as defined in Business & Professions Code section 19300.5(m) of the Act, from operating within the local government's boundaries to enact an ordinance affirmatively banning such delivery activity (Business & Professions Code §19340(a)).

4.

The city council finds that this section: (1) expresses its intent to prohibit the cultivation of marijuana in the city and to not administer a conditional permit program or any other permitting program pursuant to Health & Safety Code section 11362.777 for the cultivation of marijuana in the city; (2) exercises its local authority to enact and enforce local regulations and ordinances, including those regarding the permitting, licensing, or other entitlement of the activities prohibited by this chapter; (3) exercises its police power to enact and enforce regulations for the public benefit, safety, and welfare of the city and its community; and (4) expressly prohibits the delivery of marijuana in the city.

B.

Applicability.

1.

This chapter is intended prohibit all cultivation, and commercial manufacturing, dispensing, and delivery of marijuana and marijuana-related products within the city to the greatest extent permissible by law and within the confines of state law.

2.

Nothing in this chapter is intended, nor shall it be construed, to exempt any activity related to marijuana from any applicable electrical, plumbing, land use or other building or land use standards or permitting requirements.

3.

All cultivation, manufacturing, dispensing, delivery, and sale of marijuana within the city shall be subject to the provisions of this chapter.

C.

Prohibited activities.

1.

Marijuana processing, marijuana delivery, and marijuana dispensaries shall be prohibited activities in all zones and specific plan areas in the city, except where the city is preempted by federal or state law from enacting a prohibition on any such activity.

2.

Cultivation of marijuana for any commercial or non-commercial purpose, including cultivation by a qualified patient or a primary caregiver, is expressly prohibited in all areas, zones and specific plan areas in the city. No person or entity, including a qualified patient or primary caregiver, shall cultivate any marijuana in the city, even for medical purposes.

3.

No use permit, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, shall be approved or issued for the activities of marijuana cultivation, marijuana processing, marijuana delivery, or the establishment or operation of a marijuana dispensary in the city.

4.

No person or entity shall conduct, cause, allow, permit or maintain a marijuana dispensary, marijuana cultivation, marijuana processing or marijuana delivery within the city, except where the city is preempted by federal or state law from enacting a prohibition on any such activity for which the use permit, variance, building permit, or any other entitlement, license, or permit is sought.

5.

Nothing in this chapter shall be deemed to permit or authorize any use or activity which is otherwise prohibited by any state or federal law.

D.

Public nuisance.

Any violation of this section is hereby declared a public nuisance that may be abated by the city by any means available at law, including but not limited to, through injunctive relief.

E.

Violations.

Any person owning, possessing or in control of any property within the city shall have the duty to prevent and abate nuisances on such property. Any violation of this section shall constitute a misdemeanor punishable as provided in chapter 1.12.

(Ord. 2016-001, § 3, 2016.)