HomeMy WebLinkAboutCC ORD 1974ORDINANCE NO. 1974
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY, ADOPTED AS AN URGENCY MEASURE,
AMENDING TITLE 18 (ZONING) OF THE
NATIONAL CITY MUNICIPAL CODE REGARDING APPROVAL PROCEDURES
FOR SHOPPING CENTERS AND RESIDENTIAL AND
JOINT RESIDENTIAL/COMMERCIAL DEVELOPMENT
IN COMMERCIAL ZONES.
CASE FILE NO. A-2-89
WHEREAS, the City of National City has been experiencing a rapid
proliferation of shopping centers, as defined in Section 18.04.596 of the
National City Municipal Code, many of which are less than five acres in
area. For the purposes of this Ordinance, shopping centers of less than
five acres in area shall be referred to as "small shopping centers"; and
WHEREAS, these small shopping centers and the expansion of existing
shopping centers of all sizes have contributed to worsening traffic
congestion in National City and related traffic hazards; and
WHEREAS, several existing shopping centers are experiencing high
vacancy rates and turnover in occupancy, resulting in a blighting effect on
surrounding property and an atmosphere of instability; and
WHEREAS, several additional small shopping centers have been proposed;
and
WHEREAS, existing land use controls do not adequately address the
potential adverse effects of small shopping centers and the expansion of
shopping centers of all sizes; and
WHEREAS, the City Council finds that there is a current and immediate
threat to the public health, safety, and welfare by the continued
proliferation of small shopping centers and the expansion of existing
shopping centers of all sizes, and that the continued issuance of building
permits and other entitlements for use for small shopping centers and
existing shopping centers would result in a threat to the public health,
safety, and welfare; and
WHEREAS, the City Council finds it essential to protect the health,
safety, and welfare of the citizens of the City of National City to adopt
the following proposed regulations governing small shopping centers and
expansion of existing shopping centers of all sizes throughout the City,
and regarding approval procedures for shopping centers and residential and
joint residential/commercial development in commercial zones.
NM, THEREFORE/ the City Council of the City of National City does
ordain as follows:
Section 1. Section 18.04.426 of the National City Municipal Code is
renumbered as 18.04.427.
Section 2. Section 18.04.426 is added to the Municipal Code to read
as follows:
18.04.426 Mixed Use. The term "mixed use" shall be defined as either:
1. a combination of commercial and residential uses or structures, designed
and built on a single lot or parcel, or as components of a single
development; or 2. residential development within a commercial zone where
permitted by the applicable regulations of the commercial zone and Chapter
18.140 of the Land Use Code.
Section 3. Section 18.14.380 is deleted in its entirety.
Section 4. Section 18.16.020 is amended to read as follows:
18.16.020 Purpose of commercial tourist (CT) zone. The purpose of
the CT zone is to provide areas catering specifically to the needs of
automobile -oriented trade, such as transient accommodations and services,
certain specialized retail outlets, commercial amusement enterprises and
compatible residential development.
Section 5. Section 18.16.030 is amended to read as follows:
18.16.030 Purposes of commercial limited (CL) zone. The purposes of
the CL zone are to:
A. Provide for small scale, limited convenience retail shopping
facilities at the neighborhood level, typically including food and
convenience stores, small retail and service shops, professional offices
and compatible residential development. The sale of all merchandise shall
be retail only;
B. Ensure that the character of the CL zone will be compatible with
and will complement the surrounding residential area.
Section 6. Section 18.16.050 is amended to read as follows:
18.16.050 Purpose of the general commercial (CG) zone. The CG zone
is intended for high intensity commercial and complementary development
along major roadways and in community shopping complexes and for compatible
residential development.
Section 7. Table V of Section 18.16.090 is amended to read as follows:
TABLE V
USE GROUPS PERMITTED IN COMMERCIAL ZONES
Use Group Reference
No. Use Group Section CT CL CM CSC CG CH CA
1 Areawide permitted
uses 18.104.050 XXXXXXX
2 Areawide conditional
uses 18.104.060 CCCCCCC
4 Automotive and allied
services 18.104.080 - - X C - X X
5 Amusement and
entertainment 18.104.090 - - C _ C C
6 Commercial recreation
indoor
18.104.100 C - CCCC
7 Commercial recreation,
outdoor 18.104.110 C
8 Community, cultural
and public recreational
services 18.104.120 CCCCC C
9 Dwelling, single-
family 18.104.130 X X - - X
10 Dwelling, two-
family 18.104.140 C C - _ C _
11 Dwelling, multiple -
family 18.104.150 C C
13 Eating places (other
than take-out) 18.104.170 X X X X X X-
14 Eating places (drive-
thru/drive-in,
take-out) 18.104.180 - _
' - X X -
16 Gasoline service
stations 18.104.200 CCCCCCC
17 Goods and services,
convenience 18.104.210 -
X X X X X -
18 Goods and services
shopping
19 Goods and services,
other
20 Heavy equipment and
machinery
21 Hotel, motel, and
related services
22 Light manufacturing
27 Offices and studios
28 Off-street parking
29 Public protection
facilities
30 Public utilities
31 Research and
development
33 Signs and outdoor
advertising
34 Temporary uses
35 Wholesaling, ware-
housing and distri-
bution
18,104,230
18.104.240
18.104.250
Appendix D
18.104.310
18.104.320
18.104.220
18.104.330
18.104.340
18.104.350
X X X X
X C C X
X
X - X C X X
•••• .0••
X X X X X X
- X X X X
X
C X X X X
C C C C CC
X
X
18.104.370 X X X X X X X
18.104.380 T T T T T T T
18.104.390
X
OMR
X Permitted - Not permitted C Conditional use permit
required
T Temporary use permit required
Section 8. Section 18.16.095 is added to read as follows:
18.16.095 Shopping centers. Construction of shopping centers, and
expansion of existing shopping centers shall require the issuance of a
conditional use permit in accordance with Chapter 18.116 of this title.
Section 9. Section 18.16.250 subsection B be amended to read as
follows:
B. Residential uses are prohibited in the CA, CM, CH and CSC zones.
Residential and mixed use development may be allowed in the CT, CL and CG
zones in accordance with Chapter 18.140 of this title.
Section 10. Section 18.16.271 is deleted in its entirety.
Section 11. A new Section 18.58.245 is added to read as follows:
18.58.245 Schedule of parking requirements - mixed use. The
following is the schedule of off-street parking requirements for mixed use:
Structures and Uses Off -Street Parking Required
Mixed Use See Chapter 18.140 of this title
Section 12. Section 18.58.360 is amended to read as follows:
18.58.360 Parking facilities --access. Access driveways shall be
provided between each parking facility and a public street or alley. Lots
should not have access from predominantly residential streets, except when
the lot is serving a residential use. Residential driveways shall be
permitted only on an arterial street where no other access to the property
exists.
One-way driveways and driveway serving a single-family residence shall
have minimum roadway width of twelve feet. o-way driveways for private
parking facilities shall have minimum roadway width of eighteen feet.
Two-way driveways for public parking facilities shall have a minimum
roadway width of twenty-four feet.
Where access is available from any adjoining or abutting alley to any
lot proposed for residential or mixed use development in the CL, CT and CG
zones, access to the required residential parking facility shall be from
that alley where appropriate to avoid access to commercial collector or
arterial streets.
Section 13. Chapter 18.140 is added to read as follows:
Chapter 18.140
18.140 MIXED USE
18.140.010 Intent and purpose. It is the intent and purpose of this
chapter to:
A. Establish reasonable and uniform regulations allowing residential
and mixed use development in specific commercial zones.
B. Offer alternatives for development of commercially zoned
properties in National City. Increase the area available for residential
development and assure that new development is of the highest quality.
C. Encourage residential development within commercial zones, where
appropriate, to protect established single-family residential neighborhoods
from development which might affect the stability of the neighborhood and
the quality of life.
D. To provide alternatives to additional development of small
shopping centers.
18.140.020 Definitions. For the purposes of this chapter the
following words and terms shall be defined as follows:
A. Mixed use. The term "mixed use" shall be defined as either: 1. a
combination of commercial and residential uses or structures, designed and
built on a single lot or parcel, or as components of a single development;
or 2. residential development within a commercial zone where permitted by
the applicable regulations of the commercial zone and Chapter 18.140 of the
Land Use Code.
18.140.030 Regulations generally. A. Mixed use may be permitted in
the Tourist Commercial (Cr), Limited Commercial (CL) and General Commercial
(CG) zones with the issuance of a conditional use permit, in accordance
with Chapter 18.116 of this title. However, a single residence on a lot
may be permitted with site plan review approval by the Planning Director
where deemed appropriate in accordance with Chapter 18.128 of this title.
B. Expansion, enlargement, and/or reconstruction of existing multi-
family residential structures, not resulting in any additional dwelling
units, may be permitted with site plan review approval by the Planning
Director in accordance with Chapter 18.128 of this title where such
expansion would not exceed 10% of the size of the structure and where the
number of units is permitted by Section 18.140.040.
18.140.040 Number of dwelling units allowed. The maximum number of
dwelling units which may be permitted shall be limited to 1 dwelling unit
per each full 1,900 square feet of lot area.
18.140.050 Design regulations A. Residential development, and the
residential component of a joint commercial/residential development shall
be subject to the residential design regulations referenced in Section
18.14.190 of this title as follows:
1. Single-family residential use shall be subject to RS-2 design
regulations.
2. Two-family residential use shall be subject to RT design
regulations.
3. Multi -family residential use shall be subject to RM-1 design
regulations.
Where combined with commercial uses or structures in a development,
the residential component of the development shall be limited to the second
floor or higher, or the rear portion of the lot.
B. Open space requirements for residential apartment development in
the CL, CT and CG zones shall be as required by 18.14.301 except that
projects incorporating commercial with residential uses may have the
required open space reduced by 1/3. Remaining open space shall be allotted
as follows:
1. Not less than 1/2 of such open space, with a minimum dimension of
10 feet, shall be shown as private open space, fenced, screened and
isolated for the exclusive use of the dwelling unit to which it is
attached. Each dwelling unit shall have such a private open space adjacent
thereto.
2. Not less than 1/2 of such open space, with a minimum dimension of
10 feet, shall be shown as common open space, used as playlots, picnic
areas or similar specialized use. Such common open space shall be screened
and isolated for its specific purposes and shall be available for use by
all the occupants of the project within which it is located. As an
alternative, required common open space may be provided as landscaped
courtyard areas for passive use, integrated with both commercial and
residential components of the development.
C. The parking requirements for residential development in the CT,
CL and CG zones shall be as follows:
1. RS-2 parking requirements for 1 detached residence
2. RT parking requirements for 2 attached units
3. RS-3 parking requirements for 2 or more detached units
4. RM-1 parking requirements for multi -family residential use.
The parking requirements for mixed use development shall be the sum of
the requirements of the individual uses. Up to 1/2 of the required guest
parking may be provided by the commercial parking facility. Where there is
an alley adjacent or abutting the property, access to the residential
parking facility shall be solely fran that alley and the residential
parking facility shall be adjacent to that alley where appropriate to avoid
access to commercial collector or arterial streets.
The parking facility shall be designed and arranged to provide
separation between the commercial and residential parking areas, and each
parking area shall be designated. Residential parking shall be signed or
marked to restrict commercial use.
Parking shall be also provided in accordance with Chapter 18.58.
D. A comprehensive sign program shall be included with any
conditional use permit application for a mixed use development.
E. Exceptions to the design regulations listed or referenced in this
section may be granted in conjunction with the required conditional use
permit or site plan review application based on the findings/conditions
required for a variance described in Section 18.114.020 of this title, if
consistent with the General Plan.
Section 14. The City Council has considered proposed Negative
Declaration No. 89-13 together with any comments received during the public
review process, approves the Negative Declaration, and finds on the basis
on the Initial Study and any comments received that there is no substantial
evidence that the project will have a significant effect on the
environment.
Section 15. The City Council finds that the proposed changes to Title
18 (Zoning) of the National City Municipal Code are consistent with the
General Plan policies to identify development strategies which are
beneficial to both the public and private sectors and to develop standards
to improve the structural integrity, siting, design, parking, signage,
landscaping and other amenities of both new and existing development.
Section 16. The City Council finds that the proposed provisions of
Title 18 for mixed use development are consistent with the proposed General
Plan policy to allow mixed use development
Section 17. The City Council finds that the proposed provisions of
Title 18 regarding mixed use development and the conditional use permit
requirement for shopping center construction are consistent with General
Plan policies to protect established neighborhoods from inappropriate non-
residential development and to provide for new development which will occur
in a planned and orderly rranner, will be of the highest possible quality
and most appropriate to the needs of the community, and will enhance and
complement surrounding areas.
Section 18. This Ordinance shall not apply to projects where prior to
August 23, 1988, a building permit has been issued and substantial physical
work has begun in reliance on that permit.
Section 19. This Ordinance is adopted as an urgency ordinance
necessary for the immediate preservation of the public health, safety, and
welfare within the meaning of the Government Code and shall take effect
immediately.
Section 20. If any portion of this Ordinance is found to be invalid,
it is the intent of the City Council that the remaining valid provisions of
the Ordinance be severed from the invalid provisions and remain in full
force and effect.
PASSED AND ADOPTED THIS 18th day of July, 1989.
-44111140644-44:14--GE H. mAyoR
ATTEST:
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LO1ANNE PEOPLES, CITY CLERK
APPROVED AS TO FORM:
GEORGE H. EISER, III
CITY ATTORNEY
Passed and adopted by the Council of the City of National City,
California, on JULY 1$. 1989 by the following vote, to -wit:
Ayes: Councilmen Da11a, Inzunza, Pruitt, VanDeventer. Waters
Nays: Councilmen None
Absent: Councilmen None
Abstain: Councilmen None
AUTHENTICATED BY: GEORGE H . WATERS
Mayor of the City of National City, California
A ire
F
t21-
City Cler of the City of Nat onal City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was adopted on
JULY 18, 1989 , under the provisions of Secs. 36937(b)
and 36934 of the Government Code.
I FURTHER CERTIFY that the reading of said ordinance in full was
dispensed with by a vote of not less than a majority of the mem-
bers elected to the Council.
I FURTHER CERTIFY that the above and foregoing is a full, true
and correct copy of Ordinance No. 1974 of the City of National
City. passed and adopted by the Council of said City on
JULY 18. 1989
City Clerk of the City of
National City, California