HomeMy WebLinkAboutCC ORD 1996-2124ORDINANCE NO. 9 6 -2124
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
ADOPTING THE REVISED COMBINED GENERAL PLAN/ZONING MAP
AND RELATED AMENDMENTS TO THE LAND USE CODE AND
LOCAL COASTAL PROGRAM IMPLEMENTATION
APPLICANT: CITY INITIATED
CASE FILE NOS. GP-1996-1, ZC-1996-1, A-1996-4, LCP-1996-1
WHEREAS, pursuant to the terms and provisions of the Government Code of the State of
California, proceedings were duly initiated for the rezoning of the parcels of real property and
amendments to the Land Use Code and Local Coastal Program Implementation, hereinafter described,
and for the amendment of the General Plan of the City of National City; and,
WHEREAS, pursuant to legal notice, hearings were held by the Planning Commission of
National City and also by the City Council of National City, and all persons interested were given the
opportunity to appear and be heard before said Planning Commission and City Council; and,
WHEREAS, the Planning Commission of National City has regularly and duly certified to the
City Council its report and has recommended such rezoning and such amendments; and,
WHEREAS, the City Council found that on the basis of the Initial Study and any comments
received that there is no substantial evidence that the project will have a significant effect on the
environment and adopted a proposed Negative Declaration which addresses both said General Plan
amendment and rezoning, as well as related Land Use Code and Local Coastal Program amendments;
and,
WHEREAS, the City Council has further found that the Revised General Plan is in the public
interest, since it has been drafted with the General Plan Advisory Committee, which consists of
citizens appointed by the City Council, and the Plan's policies, Combined General Plan/Zoning Map
designations and programs respond to citizen comments which were solicited at community meetings
conducted by staff at the direction of the City Council, and the Plan also reflects updated data on
socioeconomic as well as physical characteristics of the City, which were documented in the issues
reports prepared for the General Plan Revision Program, along with information on public
perceptions; and,
WHEREAS, the City Council has further found that the proposed zoning on the Combined
General Plan/Zoning Map is consistent with and necessary to implement the General Plan, since
proposed zones are identical to proposed General Plan designations, and proposed OS, PD and PUD
overlays will provide for discretionary review to ensure higher quality development and compatibility
with surrounding uses, consistent with policy contained in both the current and Revised General Plan;
and,
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Ordinance No. 96-2124
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WHEREAS, the City Council has further found that the proposed Code amendments are
consistent with and necessary to carry out the General Plan, since they establish provisions for
permitted uses as well as development regulations for the new MLR zone and General Plan
designation; and they expand the range of permitted uses in the RS-3 designation as called for by the
Draft Revised General Plan; in addition, the uses permitted in the CA zone are consistent with the
intent of the Automotive Commercial designation to provide for sales and service for automobiles and
other vehicles along the "Mile -of -Cars"; and,
WHEREAS, the City Council has further found that the changes incorporated in the Revised
General Plan carry out and maintain consistency with the Housing Element adopted in 1992 and
certified by the State, since Housing Element Conservation Program no. 8 calls for evaluation of
residential neighborhoods for preservation or need for change in conjunction with the General Plan
update; also, the land use designations of the General Plan provide for the continuation of a broad
range of housing types in the City as well as for potential development which would satisfy Housing
Element objectives for new construction of housing; and,
WHEREAS, the City Council has further found that the amendments to the Local Coastal
Program Land Use Plan (map) are in the public interest and consistent with Coastal Act policies; since
the proposed CT designation for the historic Santa Fe Depot and adjacent area will result in improved
potential for public access already called for by the Land Use Plan at the entryway to the City's
Harbor District, and it will affect small parcels that are not necessary for marine -related industry. In
addition, the OS designation was applied by the Land Use Plan to reflect freeway right-of-way, and
changes to the OS designation address updated information on the boundaries of this right-of-way and
affect small parcels that contain no unique open space values; and,
WHEREAS, the City Council has further found that the amendments to the Local Coastal
Program implementation (i.e., zoning changes) are consistent with and carry out the Land Use Plan,
as amended, since the CT -CZ zone will apply to the Santa Fe Depot and adjacent properties, and this
zone already is established in the nearby area to carry out the CT designation of the Land Use Plan.
Also, the proposed ML zoning at the southwest corner of 33rd Street and National City Boulevard is
consistent with and adequate to carry out the Local Coastal Program Land Use Plan, since both ML
and CA zoning is applied along National City Boulevard to carry out the C designation of the Land
Use Plan. In addition, changes to the CA zone, which discourage used car sales unless part of a new
car dealership, are consistent with and carry out the intent of the C designation of the Land Use Plan
and reflect the use of the area by the Mile -of -Cars. Other applicable development regulations
currently applied by the Local Coastal Program implementation for the affected zoning changes in the
Coastal Zone will remain in effect; and,
NOW, THEREFORE, the City Council of the City of National City, California does ordain as
follows:
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Ordinance No. 96-2 124
Page 3 of 12
Section 1. All protests, if any, against said rezoning and said amendments to the General
Plan, Land Use Code and Local Coastal Program Implementation and each of them be and hereby are
denied and overruled.
Section 2. The City Council hereby adopts the Combined General Plan/Zoning Map, as
described by case file exhibit (Draft approved by the General Plan Advisory Committee April 25,
1996), a copy of which is on file as Exhibit "2 in the office of the City Clerk of the City of National
City", with the following changes:
1. From proposed RS-3-PD (currently RT-PUD) to IP-PD for Paradise Valley Hospital
property along Hill Drive, as shown in the case file exhibit B attached to the Council
agenda statements for the July 23 and August 27, 1996 hearings, on file in the Office of
the City Clerk as Exhibit "B".
2. From CL to IP-PD for property southeast of 8th Street and Euclid Avenue, as also shown
in the case file exhibit B attached to the Council agenda statements for the July 23 and
August 27, 1996 hearings, on file in the Office of the City Clerk as Exhibit "B".
3. From CA-PD-CZ to ML-PD-CZ for 1.19 acres at the southwest corner of 33rd Street and
National City Boulevard, as shown in Exhibit AA attached to the Council agenda statement
for the August 27, 1996 hearing, on file in the Office of the City Clerk as Exhibit "AA".
4. From RT to RS-3-PD for the area north of Fig Court as well as on Scott Drive, as shown
in Exhibit BB attached to the Council agenda statement for the August 27, 1996 hearing,
on file in the Office of the City Clerk as Exhibit "BB".
5. From CG and RM-1-PD to RS-3-PD for the areas shown in Exhibit CC attached to the
Council agenda statement for the August 27, 1996 hearing, on file in the Office of the City
Clerk as Exhibit "CC".
Section 3. That all real property approved for rezoning by the City Council is by this
ordinance rezoned according to the Combined General Plan/Zoning Map, as above described with
referenced changes.
Section 4. Section 18.18.021 of the National City Municipal Code is hereby added to read as
follows:
18.18. 021 Purposes of the light manufacturing/residential (MLR) zone. The purposes
of the MLR zone are to:
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Ordinance No. 96-2124
Page 4 of 12
A. Provide for continuation and new establishment of low intensity industrial uses,
where compatible with adjacent uses, in the area which is generally located south of 8th Street,
east of I-5, west of National City Boulevard and north of 22nd Street, and which contains a
mix of residential along with industrial, commercial and institutional uses;
B. Require all industrial uses to be adequately housed in completely enclosed buildings;
C. Limit, with the aid of performance standards and discretionary review of new
development, the physical effects of industrial activities to levels permitting no objectionable
or obnoxious smoke, noise, vibration, fumes, radiation, glare phenomena, and fire and
explosive hazards.
D. Protect existing residential and institutional uses from potentially incompatible
industrial development, and provide for new residential and compatible institutional
development.
Section 5. Table IX within Section 18.18.060 of the National City Municipal Code is hereby
amended to read as follows:
Use
Group
No.
TABLE IX
USE GROUPS PERMITTED IN MANUFACTURING ZONES
Use Group
Reference
Section ML MLR MM MH MT
1 Areawide permitted uses 18.104.050 X X X X X
2 Areawide conditional uses 18.104.060 C C C C C
4 Automotive and allied 18.104.080 X X X
9 Dwelling, single-family 18.104.130 X
13 Eating places (other than take-out 18.104.170 X X X C
14 Eating places (take-out and 18.104.180 X X X C
drive-thru)
15 Food processing 18.104.190 C X X
16 Gasoline service stations 18.104.200 C C C
19 Goods and services, other 18.104.230 X X --
20 Heavy equipment and machinery 18.104.240 X X X C
21 Hotel, motel and related services 18.104.250 X X
22 Light manufacturing 18.104.260 X X X C
23 Medium manufacturing 18.104.270 X C
CONTINUED ON PAGE 5
Ordinance No. 96-2124
Page 5 of 12
24 Heavy manufacturing 18.104.280
25 Manufacturing, tidelands 18.104.290
26 Mineral resource extraction 18.104.300
28 Off-street parking 18.104.320 X X
29 Public protection facilities 18.104.330 X X
30 Public utilities 18.104.340 X X
31 Research and development 18.104.350 X X
32 Scrap metal processing 18.104.360
33 Signs and outdoor advertising 18.104.370 X X
35 Wholesaling, warehousing and 18.104.390 X X
distribution
36 Truck transportation facilities 18.104.400 C
37 Waterfront 18.104.410
X Permitted _ Not permitted C Conditional use permit required
C
X
C
X X
X X X
X X X
X X
X
X X X
X X
X
C -- X
Section 6. Table X within Section 18.18.070 of the National City Municipal Code is hereby
amended to read as follows:
TABLE X
ACCESSORY USES PERMITTED IN MANUFACTURING ZONES
Uses
Accessory structures
Caretaker's residence
Open storage
Motorcycle dismantling
Sixty-day storage of
wrecked vehicles by
automobile dealer
Sixty-day storage of
wrecked vehicles by
garage and/or body
shop
Zones Section Number
All zones
All zones
All zones
ML, MLR and MM zones
ML, MLR and MM zones
ML, MLR and MM zones
Section 7. Amend Subsection A of Section
manufacturing zones) to read as follows:
18.18.080
18.18.090
18.18.100
18.18.110
18.18.120
18.18.130
18.18.140 (Prohibited
CONTINUED ON PAGE 6
uses and structures --All
Ordinance No 96-2124
Page 6 of 12
A. All residential uses (except caretaker's residence and as provided in subsections
A and B of Section 18.108. 051, and as provided for the MLR zone in Table IX within Section
18.18.060.
Section 8. Amend Section 18.18.150 to read as follows:
18.18.150 Prohibited uses and structures--ML and MLR zones. In the ML (light
manufacturing) and MLR (light manufacturing/residential) zones, the following uses are
prohibited:
A. Drilling for gas, oil, etc.;
B. Drop hammers;
C. Canneries;
D. Food processing plants;
E. Plastics manufacture;
F. Liquefied petroleum gas storage;
G. Petroleum storage;
H. Petroleum processing;
I. Scrapyards;
J. Foundries;
K. Meat packing plants;
L. Auto wrecking and dismantling yards;
M. Refuse disposal or incineration.
Section 9. Amend Section 18.18.170 to read as follows:
18.18.170 Development adjacent to residential uses, churches and schools. In the
ML and MLR zones, no property adjacent to a residential or institutional use or structure, i.e.
across a lot line or alley but within the same block, shall be developed for any purpose unless
approved by issuance of a conditional use permit in accordance with Chapter 18.116; however,
this requirement for a conditional use permit shall not apply to development of a single-family
home in the MLR zone.
Section 10. Amend Section 18.18.190 to read as follows:
18.18.190 Lot area. Minimum lot area shall be five thousand square feet, except
automobile service stations shall have a minimum lot area of fifteen thousand square feet, and
automobile and truck repair service establishments shall have a minimum lot area of seven
thousand five hundred square feet. With the approval of a subdivision map, the city council,
upon recommendation of the planning commission, may allow lots or parcels having less than
CONTINUED ON PAGE 7
Ordinance No. 96-2124
Page 7 of 12
the required area, provided that the land is part of an adopted planned development permit that
specifically identifies all such parcels having reduced area.
Within the MLR zone, single-family residential use shall be permitted on any
existing, legally created lot. However, new subdivisions for single-family homes shall
provide a minimum lot size of 5,000 sq. ft.
Section 11. Amend Table XI within Section 18.18.210 to read as follows:
TABLE XI
Front Side Rear Exterior
Zone Yard Yard Yard Side Yard
MLR 4 Ob,e Oe 4
ML 4a Ob, a Oc 4a
MM 4d Ob Oe 4d
MH 4 Ob 0° 4
MT 4 0b 0e 4
Notes: a --a ten -foot setback shall be maintained on Highland Avenue.
b--or ten feet if adjoining an R zone.
c--or twenty feet if adjoining an R zone.
d--zero feet along Cleveland Avenue between Civic Center Drive and 24th
Street.
e--a five-foot setback shall be maintained from side yard property lines
adjoining property developed for residential or institutional uses.
Section 12. Amend Table XII within Section 18.18.250 to read as follows:
TABLE XII
Height F.A.R. Lot Coverage
Zone (Max.) (Max) Mu )
ML 35 2 Reserved
MLR 35 2 Reserved
MM 60 4 Reserved
CONTINUED ON PAGE 8
Ordinance No. 96-2124
Page 8 of 12
MH
MT
60
90
4
Reserved
Reserved
Section 13. Add subsection C. to Section 18.18.260 to read as follows:
C. The minimum off-street parking requirement for new single-family homes in the
MLR zone shall conform to that required in the RS-2 and RS-3 zones, pursuant to Section
18.14.390.
Section 14. Amend subsection A.1 within Section 18.95.030 to read as follows:
1. Location within the limited commercial (CL), general commercial (CG), tourist
commercial (CT), medium commercial (CM), heavy commercial (CH), light manufacturing
(ML), light manufacturing/residential (ML/R) and medium manufacturing (MM) zones;
Section 15. Amend Section 18.14.035 to read as follows:
18.14.035 Purpose of the single-family extendable (RS-3) zone. The purposes of the
RS-3 zone are to:
A. Provide for areas of single-family detached homes on lots which cannot be
subdivided in accordance with the land use code, and
B. Identify areas that contain both single-family homes and several parcels built out at
higher density under previous zoning.
The RS-3 zone permits one detached single-family dwelling for each full five thousand
square feet of lot area. It also allows the continuation of the existing mixture of housing types
and encourages infill with single-family homes on vacant properties.
Section 16. Amend the notes at the end of Table II within Section 18.14.090 to read as
follows:
Notes: - See Section 18.14.200 for minimum lot area requirements.
- Existing, lawfully constructed residential uses, including single-family homes,
as well as one or more single-family detached dwellings on a lot, duplexes and
multi -family dwellings, are also permitted in the RS-3 zone.
Section 17. Amend Section 18.14.092 to read as follows:
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Ordinance No. 9 6 -2124
Page 9 of 12
18.14.092 Number of dwelling units allowed. The total number of dwelling units
allowed is:
RS-E 1
RS-1 1
RS-2 1
RS-3 1 for each full 5,000 square feet of lot area (for new development).
Also allowed is existing residential development that may be of higher
density. However, no additional units may be constructed if they would
result in more than 1 per 5,000 sq. ft. of lot area.
RT 2
RMH per State Health and Safety Code Section 18,000 et. seq.
RM-1 1 unit for each full one thousand nine hundred square feet of lot area
RM-2 per existing development
RM-3 determined by planned development permit.
Section 18. Amend Section 18.14.200 to read as follows:
zones:
18.14.200 Lot area. The following minimum lot areas are established for residential
Zone Lot Area (square feet)
RS-E 43,560 (one acre)
RS-1 10,000
RS-2 5,000
RS-3 5,000
RT 5,000
RMH See State Health and Safety Code Section 18.000
RM-1 5,000
RM-2 5,000
RM-3 5,000
Section 19. Amend Table V within Section 18.16.090 to read as follows:
CONTINUED ON PAGE 10
Ordinance No, 96-2124
Page 10 of 12
Use Group
No.
TABLE V
USE GROUPS PERMITTED IN COMMERCIAL ZONES
Reference
Use Group
1 Areawide permitted
uses
2 Areawide
conditional uses
4 Automotive and
allied services
5 Amusement and
entertainment
6 Commercial
recreation, indoor
7 Commercial
recreation, outdoor
8 Community,
cultural and public
recreational
services
9 Dwelling, single-
family
10 Dwelling, two-
family
11 Dwelling, multiple -
family
13 Eating places
(other than take-
out)
14 Eating places
(drive-thru/drive-
in, take-out)
16 Gasoline service
stations
17 Goods and
services,
convenience
Section ca C CM CSC CQ
18.104.050 X X X X X X
18.104.060 CCCCCC
18.104.080 -- X C X
18.104.090 -- C C C
18.104.100 C CCCC
18.104.110 C C C
18.104.120 C C C C CC
18.104.130 X
18.104.140 C
18.104.150
18.104.170
18.104.180 --
18.104.200 C
18.104.210 --
CONTINUED ON PAGE 11
X
C
C C
X X
C
X
X
C
C
X X X X
X X
CCCC
X X X X
Ordinance No. 96-2124
Page ll of 12
Use Group
Use Group
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 facilities
31 Research and
development
33 Signs and outdoor
advertising
35 Wholesaling,
warehousing and
distribution
Reference
Section �T �L, CM CSC Cif
18.104.220
18.104.230
18.104.240 --
18.104.250 X
Appendix D
18.104.310
18.104.320
18.104.330
X X X
X C C
C
X C X
X X X X X
-- X X X
-- C X X X
18.104.340 C
18.104.350 --
18.104.370 X X X X
18.104.390 --
X Permitted _ Not permitted C. Conditional use permit required
Note: Uses permitted in the CA zone are as set forth in Section 703 of the
Redevelopment Plan for the National City Redevelopment Project, adopted July
18, 1995 pursuant to Ordinance No. 95-20-95.
Section 20. Amend subsection A of Section 18.16.250 to read as follows:
A. The following are prohibited uses in commercial zones.
CONTINUED ON PAGE 12
Ordinance No. 9 6-212 4
Page 12 of 12
Zones Prohibited Uses
CA All uses except as provided by Section 703 of the Redevelopment Plan for
the National City Redevelopment Project.
CL Special hospitals
CSC Drive-thru dairy stores; self-service car washes; secondhand stores;
churches
AllC
(except CA as
specified above)
CA, CT, CL
and CSC
Auto wrecking, dismantling, stripping, parts removal, salvaging or junking;
quarter midget racetrack establishments; auto and motorcycle racing; truck
service stations
Governmental service agencies
Section 21. That the Local Coastal Program Implementation, as amended by this ordinance, is
intended to be carried out in a manner fully in conformity with the California Coastal Act, Division
20 of the Public Resources Code.
Section 22. That the Local Coastal Program amendments are intended to take effect
immediately upon the California Coastal Commission's certification.
Section 23. That a Notice of Determination shall be filed indicating that the rezoning will not
have a significant effect on the environment.
PASSED and ADOPTED this 2 4 th day of September , 1996.
GEORGE . WATERS, MAYOR
ATTEST:
LOANNE PEOPLES, CITY CLERK
APPROVED AS TO FORM:
2E
GEORGE H. EISER, III -CITY ATTORNEY
4 a
Passed and adopted by the Council of the City of National City, California, on September
24, 1996, by the following vote, to -wit:
Ayes: Council Members Beauchamp, Inzunza, Morrison, Zarate, Waters.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
GEORGE H. WATERS
Mayor of the City of National City, California
v J K
City er of the City of National
City, California
By:
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 September 10, 1996 and on September 24, 1996.
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 member 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 correct copy of
ORDINANCE NO. 96-2124 of the City Council of the City of National City, passed and
adopted by the Council of said City on September 24, 1996.
City Clerk of the City of National City, California
By:
Deputy