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HomeMy WebLinkAboutCC ORD 1990-1991 Adds Ch. 18.141 and § 7.22.030(C), homes for battered women (7.22, 18.141)ORDINANCE NO. 1991 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AMENDING TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE REGARDING HOMES FOR BATTERED WOMEN CASE FTLE NO.: A-5-89 BE IT ORDAINED by the City Council of National City as follows: Section 1. Add Chapter 18.141 to the Municipal Code to read as follows: 18.141 Homes for Battered Women Sections: 18.141.010 Intent 18.141.020 Definitions 18.141.030 Small Homes for Battered Women 18.141.040 Large Homes for Battered Women 18.141.050 Minimum Standards for Large Homes for Battered Women 18.141.060 Approval Procedures for Large Homes for Battered Women Serving 7-12 persons 18.141.010 Intent The intent of this chapter is to provide opportunities for the establishment of homes for battered women within residential structures in residential zones while protecting the integrity of those zones and acknowledging the desires of property owners in the vicinity of the use. 18.141.020 Definitions For the purpose of this chapter the following meanings shall apply: A. Homes for battered women. A home for battered women shall be defined as a facility designed to provide accommodations on a 24-hour a day basis, with or without food service(s) for women and their dependent children suffering from psychological and/or physical abuse. B. Homes for battered women, small. A small home for battered women shall be defined as a home for battered women housing 6 or fewer persons excluding professional staff not residing at the residence. C. Homes for battered women, large. A large home for battered women shall be defined as a home for battered women housing 7 or more persons excluding professional staff not residing at the residence. 18.141.030 Small Homes for Battered Women. Small homes for battered women, as defined in Sec. 18.141.020, serving 6 or fewer persons including residents of the home but excluding professional staff who do not reside at the residence, shall be considered a family for purposes of zoning and shall be permitted in any lawfully established single-family residence. 18.141.040 Large Homes for Battered Women. A. Large homes for battered women serving from 7 to 12 the premises, may be land uses and within persons, excluding professional staff who do not reside at the premises, may be permitted in any institutional zone, any zone allowing single-family residential land uses and any commercial zone except Cl (Automotive Commercial) subject to the issuance of a conditional use permit in accordance with Chapter 18.116 of this title and standards listed in Section 18.141.050. 18.141.050 Minimum Standards for Lamle Homes for Battered Women. The following minimum standards shall apply to large homes for battered women: A. There shall be a maximum of 1 facility per lot or premises. B. The minimum distance between such facilities shall be a straight line distance of 330 feet measured from the exterior boundaries of the lot on which the facility is sited. C. A license, or evidence of the ability to obtain a license, issued by applicable agencies shall be provided to the Planning Department prior to approval of the permit. D. Maximum occupancy of the facility shall be determined by the Building and Safety Director as provided by the Uniform Housing Code. Habitable rooms, except kitchens, shall have an area of not less than 70 sq.ft. Where more than two persons occupy a room for sleeping purposes, the required floor area shall be increased at the rate of 50 sq.ft. for each occupant in excess of two. E. No signs advertising the use shall be permitted. F. A site plan shall be submitted for review at the time of application. The site plan shall include the following: 1. Fully dimensioned plot plan including existing and proposed building locations, parking, landscaping, floor plan and elevations, as required by the Director of Planning. G. The following criteria shall be incorporated in the site plan: 1. No room commonly used for other purposes shall be used as a sleeping area. Such rooms shall include but shall not be limited to living rooms, dining rooms, family rooms, dens, recreation rooms, hallways, stairways, persons, excluding professional staff who do not reside at permitted in any zone allowing single-family residential a lawfully established single-family residence subject to approval and issuance of a Home for Battered Women Permit by the Planning Director in accordance with the standards listed in Section 18.141.050 and procedures specified in Section 18.141.060. B. Large homes for battered women serving 13 or more unfinished attics, basements, garages, storage areas, sheds or similar attached or detached buildings. 2. No sleeping area shall be used as a public or general passageway to another room, bath or toilet. 3. A minimum of eight square feet of storage (closet or drawers) area shall be provided for each bed. 4. The facility shall provide one full bathroom (toilet, sink, shower and/or bathtub) per seven beds. 5. The facility shall not cause a reduction in required on -site parking or conversion of a garage. 6. The facility shall be required to provide one parking space per employee and one parking space for every seven beds, unless the Planning Director determines that additional parking spaces are required. 7. The facility shall comply with the citywide landscaping requirements and applicable design guidelines for the underlying zone. 18.141.060 Approval Procedures for Large Homes for Battered Women Serving 7-12 Persons A. Applications for a large home for battered women permit, as defined above shall be made to the Planning Department. If the Planning Director finds that an application for a large home for battered women serving 7 to 12 persons complies with the provisions of this chapter, the Director shall approve the application and issue the permit. If the Planning Director finds an application does not comply with this chapter, the Director shall deny the permit. B. A nonrefundable foe determined by resolution of the City Councii shall be submitted to the Finance Department at the time of filing the application. C. Not less than ten days prior to the date on which the Planning Director shall make the decision on the issuance of a home for battered women permit, notification of the proposed permit shall be given by mail or delivery to all owners shown on the San Diego County Tax Assessors latest equalized assessment roll as owning property within one hundred feet of the exterior boundaries of the property on which the home for battered women is located. D. If the issuance of a home for battered women permit is denied by the Planning Director, or if a property owner whose property lies within one hundred feet of the property proposed for the home for battered women objects to the issuance of the permit, the applicant or property owner may request, in writing, that the Planning Cbmmission hold a hearing on the subject application and make a decision regarding issuance of the permit. The request must be filed within twenty days of the Planning Director's decision. If the Planning Cbmmission Passed and adopted by the Council of the City of National City, California, on 4/10/90 by the following vote, to -wit: Ayes: Councilmen Dal la, Inzunza, Pruitt, Van Deventer, Waters Nays: Councilmen None Absent: Councilmen None Abstain: Councilmen None AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California By: City Clerk of the City of National 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 3/27/90 and on 4/10/90 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. 1991 of the City of National City, passed and adopted by the Council of said City on 4/10/90 (Seal) By: City Clerk of the City of National City, California Deputy