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HomeMy WebLinkAboutCC ORD 1986-1890 AMENDING ORDINANCE 1812 AND TITLE 7 (PROPERTY CONSERVATION AND COMMUNITY APPEARANCE CODE) TO ESTABLISH REGULATIONS AND GUIDELINES FOR THE PLACEMENT OF RETROACTIVELY REQUIRED TRASH RECEPTACLE ENCLOSURES IN THE RESIDENTIAL,ORDINANCE NO. 1890 AN ORDINANCE OF THE CITY OF NATIONAL CITY AMENDING ORDINANCE NO. 1812 AND TITLE 7 (PROPERTY CONSERVATION AND COMMUNITY APPEARANCE CODE) OF THE NATIONAL CITY MUNICIPAL CODE TO ESTABLISH RFEGULATIONS AND GUIDELINES FOR THE PLACEMENT OF RETROACTIVELY REQUIRED TRASH RECEPTACLE ENCLOSURES IN THE RESIDENTIAL, C MMERCIAL, INSTITUTIONAL AND INDUSTRIAL ZONES. BE IT ORDAINED by the City Council of National City that Ordinance No. 1812 and Title 7 (Property Conservation and Community Appearance Code) of the National City Municipal Code are amended to read as follows: Chapter 7.10 is amended by amending Section 7.10.100B, and by adding to Section 7.10.100 sub -sections C, D, E, and F to read as follows: B. Where the Planning Director finds, pursuant to site plan review, that the only reasonable locations for such enclosures are within required off-street parking spaces, the enclosures and receptacles may be placed in such off-street parking spaces as are designated by the Planning Director. If such placement of enclosures and receptables in parking spaces reduces the number of available parking spaces to less than the minimum Land Use Code requirements, no violation of parking regulations will be deemed to ensue. C. Where the Planning Director finds, pursuant to site plan review, that no area exists on -site for placement of a trash receptacle enclosure, he is authorized to allow the joint use of receptacles and enclosure, provided such receptacle can be located within 100 feet of the use served, and the parties concerned in the joint use of receptacles and enclosure shall evidence agreement for such joint use, service costs, and maintenance by a proper legal instrument approved by the City Attorney as to form and content. Such instrument, when approved, shall be recorded in the Office of the County Recorder and copies thereof filed with the City Clerk. D. Where the Planning Director finds, pursuant to site plan review, that no area exists on -site for placement of a trash receptacle enclosure of any type, he is authorized to require structural alteration of the building where it is found that a portion of the building abutting a street or alley is available for alteration to accommodate the placement of a trash receptacle. E. Where the Planning Director finds, pursuant to site plan review, that no area exists on -site for placement of a trash receptacle enclosure and there is no area available for joint use of trash receptacles and enclosure, and no portion of the building is available for alteration to accommodate placement of a trash receptacle, enclosures may be allowed to be placed within an adjoining parkway, alley or portion thereof. Installation of such enclosure shall be pursuant to issuance of an encroachment permit by the City Council upon a finding that such enclosure, at the location proposed, will not constitute a hazard to pedestrians, parking or the circulation of motor vehicles. F. Where the Planning Director finds, pursuant to site plan review, that the only reasonable location available for an enclosure is within a required yard or portion thereof, and that such enclosure will not be located within 10 feet of any window of any dwelling unit or 5 feet of a combustible wall, and that placement of the enclosure will not obstruct access about the building, the enclosures and receptacles may be placed within a required yard or portion thereof, and no violation of setback or yard requirements will be deemed to ensue. The use of individual 30 to 35 gallon containers within an approved enclosure may be required where it is determined that the use of a commercial dump -type receptacle is not feasible. PASSED and ADOPTED this 22nd day of Jul 986. 00 dle 4 Kile Morgan, or A'riEST: Ions Campbell, City Cle PROVED AS TO FORM: Va. 2iit- George H. Eiser, III -City Attorney Passed and adopted by the Council of the City of National City, California, on July 22, 1986 by the following vote, to -wit: Ayes: Councilmen Nays: Councilmen Absent: Councilmen Abstain: Councilmen Cooper, Dalla, VanDeventer, Waters, Morgan None None AUTHENTICATED BY: None KILE MORGAN By: Mayor of the City of National City, California City lerk of the City of Natiginal City, California Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, to wit, on July 15, 1986 and on July 22, 1986 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 mem- ber 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 cor- rect copy of ORDINANCE NO. 1890 of the City of National City, passed and adopted by the Council of said City on July 22, 1986 (Seal) By: City Clerk of the City of National City, California Deputy