TENTATIVE RULING: The Motion of Plaintiff City of San Diego for Summary Judgment is GRANTED, in part.
As owners of the property, Defendants are strictly liable for all code violations occurring at the property, and all Defendants are "Responsible Persons" pursuant to SDMC § 11.0210 and are liable for any SDMC violations at the property.
San Diego, operates under a "permissive" zoning scheme. If a particular use is not specifically named as a permitted use in any given zone, it is an unpermitted use. Property owners and tenants are strictly liable for all code violations.
In San Diego, MMDs, cooperatives and collectives are regulated by SDMC § 141.0614 and Chapter 4, Article 2, Division 15 – collectively referred to as the Medical Marijuana Consumer Cooperatives ordinance ("MMCC"). The MMCC provides that marijuana cooperatives may be permitted with a conditional use permit in certain zones in the City.
The property at issue is located in Barrio Logan within San Diego's Barrio Logan
Hearing Date
May 25, 2017
Category
Civil - Unlimited
Type
Misc Complaints - Other
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TENTATIVE RULING: The Motion of Plaintiff City of San Diego for Summary Judgment is GRANTED, in part.
As owners of the property, Defendants are strictly liable for all code violations occurring at the property, and all Defendants are "Responsible Persons" pursuant to SDMC § 11.0210 and are liable for any SDMC violations at the property.
San Diego, operates under a "permissive" zoning scheme. If a particular use is not specifically named as a permitted use in any given zone, it is an unpermitted use. Property owners and tenants are strictly liable for all code violations.
In San Diego, MMDs, cooperatives and collectives are regulated by SDMC § 141.0614 and Chapter 4, Article 2, Division 15 – collectively referred to as the Medical Marijuana Consumer Cooperatives ordinance ("MMCC"). The MMCC provides that marijuana cooperatives may be permitted with a conditional use permit in certain zones in the City.
The property at issue is located in Barrio Logan within San Diego's Barrio Logan