HomeMy WebLinkAboutCC ORD 1980-1708 Adds § 18.56.050, zoning (18.56)•�1
/ f/L)f fr
ORDINANCE NO. 1708
AN INTERIM ORDINANCE ADOPTED AS AN
EMERGENCY MEASURE PURSUANT TO GOVERN-
MENT CODE SECTION 65858, PROHIBITING
THE DIVISION, BY SALE OR GROUND LEASE,
OF COMMONLY DEVELOPED PARCELS AND PRO-
VIDING FOR THE APPROVAL OF SUCH
DIVISIONS WITH THE APPROVAL OF CONDI-
TIONAL USE PERMITS.
WHEREAS, it has been brought to the
attention of the City Council of the City of National
City that there is a renewed and growing interest in
the division of existing singly owned multiple family
residential projects into separate ownerships in a
manner that threatens to destroy the design integrity
and coordinated management of such apartment projects;
and
WHEREAS, apartment projects, consisting
of several separate buildings have often been intended,
constructed and managed as single projects although
the land upon which they are built is already
"subdivided" into individual lots that would other-
wise be eligible for separate ownerships. Such pro-
jects benefit from uniform management and preserva-
tion of both the design integrity of building colors,
styles, etc., and the design integrity assured by the
City's Land Use Code requirements and guidelines for
courts, yards, open spaces, setbacks, etc., afforded
by single ownerships; and
WHEREAS, it is critical to this community's
goals for preserving quality of housing, as stated in
the General Plan/Housing Element to discourage the
abuse of such design integrity; and
WHEREAS, in the absence of suitable con-
trols the separate sale or ground lease of lots with-
in any single project could easily lead to severe
degradation of housing quality and to other conflicts
with General Plan intents and goals; and
WHEREAS, there are now pending for admin-
istrative review and "certificate of compliance"
issuance, prospective lot sale divisions of existing
apartment projects that would; if allowed to proceed,
present a serious and detrimental threat to the health,
safety and general welfare to the people of this
community; and
WHEREAS, the City Council finds it to be
necessary and desirable to immediately halt all such
divisions; and
WHEREAS, the City Council intends to adopt
permanent regulations covering the division practice
outlined above;
NOW, THEREFORE, BE IT ORDAINED that the
following regulations are adopted and shall go into
effect immediately;
National City Municipal Code - 18.56.050
Commonly developed Parcels or Lots, Separate
Sale Prohibited
Whenever two or more parcels or subdivided
lots in common ownership have been commonly
developed in a manner that results in build-
ings or driveways straddling common parcel
boundaries or lot lines; or whenever such
parcels or lots result in required courts,
yards, open spaces or setbacks straddling
such parcel boundaries or lot lines; those
parcels or lots must thereafter be held in
common ownershop and shall, for th.e purpose
of this Code, become single "parcels". The
division of such commonly developed parcels
for purposes of sale, lease or financing
must comply with the provisions of this Title
regulating such courts, yards, open spaces
or setbacks, after such division.
With the approval of a Conditional Use
Permit, the City may allow such division
of commonly developed parcels or lots upon
finding that the intent of this Section
will be preserved. Approval of such a
Conditional Use Permit may require the
filing of covenants, conditions and restric-
tions, or other legal instruments, designed
to preserve the amenities of yards, courts,
open spaces, driveways and setbacks enjoyed
by the combined parcels or lots.
See also Section 18.66.010
BE IT FURTHER ORDAINED that the Planning
Commission is directed to prepare and submit, after
meeting necessary procedural requirements, an amend-
ment to the Land Use Code and related City Codes,
Ordinances and Policies, to carry out effective con-
trol of the "divisions" outlined above
AND FINALLY ORDAINED that this Ordinance
is adopted as an "Interim Ordinance as an emergency
measure" pursuant to Government Code Section 65858,
the facts constituting the urgency are those set
forth in the recitals contained within this Ordinance,
and shall be effective for four months, unless
extended in the manner provided by said Section.
PASSED AND ADOPTED this llth day of March, 1980.
ATTEST:
Passed and adopted by the Council of the City of National City, California,
on March 11, 1980 by the following vote, to -wit:
Ayes: Councilmen
Nays: Councilmen
Absent: Councilmen
Abstain: Councilmen
Camacho, Dallas Van Deventer, Waterss Mor9an.
None.
None.
None.
AUTHENTICATED BY: KILE MORGAN
Mayor of the City of National City, California
IONE CAMPBELL,
City Clerk 9# the City of National City, California
Deputy
I HEREBY CERTIFY that the foregoing ordinance was adopted
on March 11, 1980 under the provisions of Secs. 65856
and 65858 of the Government Code.
I FURTHER CERTIFY that the reading of said ordinance ix.
full was dispensed with by a vote of not less than a. majority
of the members elected to the Council.
I FURTHER CERTIFY that the above and foregoing is a full,
true and correct copy of Ordinance No.12P8. of the City- o,.
National City, passed and adapted 5-37-th-e Council of said -City
on March 11, 1980
Ione ampbell, City C erk
City of National City, Calif.
AND 1 HEREBY CERTIFY that the
same has been duly published
according to law.
(Seal) City Clerk of the City of
National City, California