HomeMy WebLinkAboutCC ORD 2001-2192 Amends Ch. 9.32, § 18.16.195, Ch. 18.62 and Ch. 18.92, repeals §§ 18.04.602 and 18.04.604 (9.32, 18.04, 18.16, 18.62, 18.92)ORDINANCE NO. 2001 - 2192
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AMENDING
NATIONAL CITY MUNICIPAL CODE CHAPTERS 9.32
(ADVERTISING DISPLAYS BORDERING FREEWAYS),
18.04 (DEFINITIONS), 18.16 (COMMERCIAL ZONES),
18.62 (SIGNS AND OUTDOOR ADVERTISING DISPLAYS), AND
18.92 (OUTDOOR DISPLAY OR SALE OF MERCHANDISE)
BE IT ORDAINED by the City Council of the City of National City that the
National City Municipal Code is hereby amended to read as follows:
Section 1. That Chapter 9.32 is amended by changing the title of said Chapter to
"Advertising Displays Bordering Freeways".
Section 2. That Chapter 9.32 is amended by repealing Section 9.32.030.
Section 3.
18.04.604.
Section 4.
as follows:
That Title 18, Chapter 18.04 is amended by repealing sections 18.04.602 and
That Title 18, Chapter 18.16, Section 18.16.195 is hereby amended to read
18.16.195 Markets that sell seafood.
Markets that sell fresh or frozen seafood that are less than twenty-five thousand square
feet in area shall be located a minimum distance of three hundred feet from any residentially
zoned properties. A conditional use permit shall be required for all markets that sell fresh or
frozen seafood. This section shall not apply to manufacturers' prepackaged frozen products.
Section 5.
follows:
That Title 18, Chapter 18.62 is amended in its entirety to read as
CHAPTER 18.62
SIGNS AND OUTDOOR ADVERTISING DISPLAYS
Sections:
18.62.010 Purpose and intent
18.62.020 Unlawful display of signs or banners —Prohibited
18.62.030 Definitions
18.62.040 Site Plan Review required
1 Amending Titles 9 and 18
18.62.050 Design
18.62.060 Uniform Building, Electrical and Mechanical Code compliance required
18.62.070 Maintenance
18.62.080 Removal from abandoned site or building
18.62.090 Signs permitted in all zones
18.62.100 Flags and banners —Regulated
18.62.110 Large permanent signs in Commercial, manufacturing and institutional
zones
18.62.120 Large permanent signs in shopping centers
18.62.130 Small permanent signs in commercial, manufacturing and institutional
zones
18.62.140 Pole -mounted signs in commercial and manufacturing zones
18.62.150 Roof -mounted signs in commercial and manufacturing zones
18.62.160 Revolving signs in commercial and manufacturing zones
18.62.170 Small temporary window signs in commercial and manufacturing zones
18.62.180 Projecting signs in commercial and manufacturing zones
18.62.190 Signs for churches
18.62.200 Mural -type signs in commercial zones
18.62.210 Signs prohibited in all zones
18.62.220 Nonconforming signs
18.62.230 Constitutional severability
18.62.010 Purpose and intent. The purpose and intent of this chapter is to:
A. Aid in the identification of properties, land uses and enterprises;
B. Improve traffic safety by reducing visual distractions and physical obstructions
and hazards;
C. Enhance the general appearance and aesthetics of the urban environment; and
D. Protect the natural beauty of the city's open space.
18.62.020 Unlawful display of signs and banners —Prohibited.
A. Except as provided in this Chapter 18.62, it is unlawful for any person or entity to
install, maintain or allow the installation or maintenance of a sign or banner as defined in this
chapter in any zone.
B. The reference to a specific prohibition in this Section 18.62.020 shall not affect
the validity and effect of the general prohibition set forth in Section 18.02.080 or its
application regulating the uses of property outlined throughout the remainder of Title 18 of the
National City Municipal Code, nor shall it affect chapter 10.54 prohibiting the maintenance of
graffiti as a public nuisance.
C. Chapter 18.62 shall not apply to any governmental agency or to any regulatory
sign prescribed or required by federal or state law or local ordinance.
D. Nothing in this Chapter is intended to authorize the installation of a sign or
banner without the permission of the owner or occupant of that property.
2 Amending Titles 9 and 18
E. Within this chapter, all regulations shall refer and apply only to "on -site"
displays of signs and banners. When a regulation is made applicable to an "off -site" display, it
shall be so designated. Unless so designated, off -site displays are prohibited.
18.62.030 Definitions. As used in this Chapter, and in addition to the definitions
in chapter 18.04, the following definitions or concepts shall be applicable:
A. "Banner" is any flexible material, such as cloth, plastic, vinyl, paper, cardboard
or thin metal, with or without a "message", attached outdoors to a building, structure or
mounting device, or attached indoors to a building, structure or mounting device so as to be
"visible from the exterior" of a building or structure. The term "banner" includes a
"pennant", "flag" or "bunting".
B. "Bunting" is a form of "banner" that is typically presented and displayed in a
folded or gathered fashion or combination. It may include a display in combination with a
"flag" or "banner". Depending on the format of the display, the term may be synonymous
with "banner".
C. "Business premises" refers to specific business occupancy within a building or
upon a parcel of land, typically having a specific address and discrete entrance(s) and exit(s) so
as to maintain a specific business identity and location.
D. "Changeable copy sign" refers to a sign displaying a "message" that is changed
by means of moveable letters, slats, lights, light emitting diodes or moveable background
material.
E. "Directional sign" is any individual sign used to provide directions to
pedestrians and vehicular traffic. It shall not include a grouping or mosaic of individual signs
that are arranged in such a manner as to constitute a larger sign
F. "Flag" is a form of "banner" that is mounted and displayed outdoors on a pole.
G. "Frontage," when used as a measurement reference of a building or business
premises, shall refer to the distance between the two most distant corners of a building
measured in a straight line along the building face bordering the adjoining street. See Section
18.04.260 pertaining to "frontage" when made applicable to a parcel of land. It shall also
refer to the elevation of a building that abuts or adjoins a private or public right of way or
parking lot.
H. "Height". The distance measured vertically from grade to the highest point or
portion of the object to be measured or height limited.
I. "Illuminated sign" means a sign whose message is made readable by internal or
external lights or light emitting diodes, typically during hours of darkness.
J. "Install" or "installation" includes but is not limited to the act by which a
"sign" is constructed or placed on land or a structure, or the act of attaching, painting,
printing, producing or reproducing, or using any other method or process by which a visual
message is presented or placed upon a surface.
K. "Message" means any form of visual communication presented on any type of
media. It is not material whether the communication has any logical, practical, literary or
artistic significance or not. It includes any form or combination of letters, graphics, symbols
or designs. The term is not intended to include mono -color paint applied to the exterior, trim,
fascia, or other architectural elements of a building for protection against the elements.
3 Amending Titles 9 and 18
L. "Mural" or "mural -type sign" means a sign painted on the exterior wall of a
building consisting of graphics or images, either alone or in combination with letters.
M. "Off -site" or "Off -site sign" refers to a sign or banner that promotes or
advertises goods, services or activities located or offered on a business premises or parcel that
is separate from the parcel where the sign is located, even if the two sites or parcels are
contiguous to each other.
N. "On -site" or "on -site sign" refers to a sign or banner that promotes or
advertises goods, services or activity located or offered on the business premises or parcel of
property where the sign is located.
O. "Outdoors" means a location on undeveloped property or to the exterior of a
building or structure.
P. "Outdoor advertising" refers to the placement of a message on signs or banners
located "outdoors", or located indoors in a manner such that the message is "visible from the
exterior" of a building or structure.
Q. "Parcels" or "property" or similar references or descriptions shall refer to
parcels defined or delineated by Assessor Parcel Numbers maintained by the County Tax
Assessor or as defined by Sections 18.04.476 and 18.04.386 of this Code.
R. "Pennant" is a banner with three sides.
S. "Permanent sign" means a sign that is solidly attached to a building, structure or
the ground by means of mounting brackets, bolts, welds or other combination of attachment
methods, thereby rendering the sign non -moveable or difficult to reposition without the use of
machinery, cutting devices or mechanical devices. See also "temporary sign".
T. "Political sign" for the purposes of this Chapter means and is limited to refer
only to a sign associated with a candidacy to an elected office or a ballot measure to be decided
at a specific election. It does not pertain to any other type of message or commentary of
political or social expression or nature.
U. "Projecting sign" is any sign which projects beyond a building face and uses a
wall or vertical element of a building as its main source of support. A projecting sign includes
a double-faced sign that is installed more or less perpendicular to the face of a building so as to
allow a message to be viewable from either side. A projecting sign does not include signs that
are installed along the face of a building and that are completely attached to the face of a
building.
V. "Shopping Center" shall mean a group of commercial buildings as defined in
section 18.04.596.
W. "Sign" as used in this Chapter 18.62, shall generically refer to any medium
through which a "message" is conveyed which is placed "outdoors" in any zone or is "visible
to the exterior" of a commercial or industrial building or structure. It shall include a "banner"
and any of the following:
(a) Any "advertising display" defined in Section 9.32.010.
(b) Any "message" painted, printed or otherwise produced or affixed on or
to:
(1) The exterior of a building or structure; or
(2) A rigid or semi -rigid material or surface, such as wood, metal or
plastic, attached to a building, structure or pole, or which is itself free-standing; or
4 Amending Titles 9 and 18
(3) An inflatable balloon or other three-dimensional object that is
tethered or fastened to a building, structure, pole or the ground.
X. "Temporary sign" means a sign that is easily moveable and which is not
attached to a building, structure or the ground in such a manner as to be rendered a
"permanent sign".
Y. "Visible to the exterior" refers to the placement of a sign or banner within the
interior first eight feet of a commercial or industrial building or structure in such a manner so
that it or its message is readily visible on an immediately contiguous public right-of-way,
parking lot or parcel. To be visible does not require that the message be understandable or
readable.
18.62.040 Site Plan Review required. A. Except as exempted in Section
18.62.040B, signs allowed by this chapter may not be installed until a site plan review is
conducted (see Chapter 18.128), and a finding of compliance with the design criteria in
Appendix A of the National City Land Use Code by the Planning Director is completed. Signs
that are not consistent with the design criteria outlined in Appendix A of the National City
Land Use Code may not be installed. This determination may be appealed pursuant to the
provisions of Chapter 18.128, and Sections 18.134.010 and 18.034.020.
B. Site plan review shall be limited to considerations of the location, installation or
placement, size, public safety and sight distance, view blockage, and comparable matters, and
not to the content of the message conveyed by the sign or banner, except when the publication
of such message is unlawful.
C. Site Plan review is not required for signs allowed by Sections 18.62.090,
18.62.100 and 18.62.170.
18.62.050 Design. The design of all signs shall comply with the design guidelines
described in Appendix A of the National City Land Use Code, "Standards for On -Premises
Signs." It shall be the duty of the Planning Commission to interpret these guidelines in the
manner prescribed in Section 18.134.020.
18.62.060 Uniform Building,. Electrical and Mechanical Code compliance required.
No sign shall be installed that does not comply with the applicable Uniform Building,
Mechanical and Electrical Codes adopted by the City. Permits for installation shall be
obtained, when required, prior to any installation, from the director of Building and Safety.
18.62.070 Maintenance. All signs and their supporting structures and components
shall be maintained in a state of safe condition and good repair. Signs shall be "face washed"
at least once a year. Electrically energized components must bear the seal of approval of an
approved testing laboratory. Broken faces and burned -out lamps, bulbs or tubes must be
replaced within thirty days from the date of notification from the City.
18.62.080 Removal from abandoned site or building. When the use of any parcel
or building is vacated, terminated or abandoned for any reason for a period of more than one
hundred twenty (120) consecutive days, the owner or person in possession of the property shall
be responsible for the physical removal of all signs on the property, building or wall(s), and
5 Amending Titles 9 and 18
for painting over the surface so as to obliterate any painted or printed signs on the building so
that the copy is not visible, within thirty (30) days following notice from the City. Removal,
painting out or obliteration shall be performed in a manner that does not create a blighting
influence.
18.62.090 Signs permitted in all zones. The following signs shall be permitted in
all zones. Site Plan Review pursuant to Section 18.62.040 shall not be required.
A. Temporary signs on construction sites having the following specifications shall
be permitted in all zones:
1. The maximum total area for signs at residential construction projects
shall be twenty square feet.
2. The maximum area of signage at other construction projects shall be fifty
square feet.
3. All signs must be removed prior to and as a condition of the final
inspection and approval of the project.
B. A maximum of two (2) temporary real estate signs for the sale or lease of property
may be installed on developed or undeveloped property in all zones, with the following
requirements and specifications for the sign:
1. The maximum area of signage allowed per parcel per street frontage in
commercial and industrial zones shall be a total of fifty (50) square feet.
2. The maximum area of signage allowed per parcel per street frontage in
residential zones is six (6) square feet.
3. Signs shall be unlighted only.
4. Signs shall be removed within seven (7) days following the lease or sale
of the premises on which the sign is displayed,
C. Temporary off -site signs pertaining to and in connection with the sale or leasing
of housing, business, and industrial subdivisions within the City shall be permitted in all zones,
subject to the following requirements:
1. The maximum area of all signs shall be limited to one hundred square
feet.
2. Signs shall not be located within required setback areas.
3. Any message on signs located within six hundred sixty feet (660') of any
freeway shall not be oriented towards or viewable from a freeway.
4. Signs shall be unlighted only; reflective or fluorescent materials or
exterior coatings shall not be used.
5. Signs shall be not installed for more than 180 days.
D. One identification sign not exceeding one hundred square feet, or two
identification signs not exceeding fifty square feet each shall be permitted for multi -family
dwellings and apartments, clubs, lodges, and similar uses.
E. Political signs are allowed in all zones, subject to the following provisions:
1. No political sign shall be placed on the public right-of-way, streets or
sidewalks or on public property or structures. If a sign is placed on the public right-of-way, on
public property or a public structure, the Director of Public Works shall remove the sign and
assess a charge for removal to the person or entity responsible for the placement of the sign, or
on whose behalf the sign was placed.
6 Amending Titles 9 and 18
2. Messages on signs located within six hundred sixty feet (660') of a
freeway shall not be oriented towards or viewable from a freeway.
3. All political signs shall be removed no later than seven days following
the corresponding election.
4. Individual signs shall not exceed thirty-two square feet in size.
F. Directional signs which do not exceed three (3) square feet in size per sign.
G. Temporary on -site or off -site signs including inflatable displays advertising
special events which have been permitted under Chapter 15.60, may be allowed in all zones no
earlier than thirty (30) days before and no later than five (5) days after the event.
H. The display on any parcel of any single sign, flag or banner that is less than six
(6) square feet in area, except that if a home occupation permit has been issued for a residential
parcel, this exemption shall not apply and that property shall be subject to all the requirements
of this chapter.
I. Other signs that the Planning Commission determines to be consistent with the
purpose and intent of this chapter shall be allowed.
18.62.100 Flags and banners —Regulated. A. Flags and banners may be displayed
on automobile sales lots without time limitation or site plan review provided that:
1. The displays are properly maintained;
2. Displays are limited to the perimeter of the lot;
3. Displays do not exceed a height of twenty-five feet above the ground.
B. Flags and banners may be displayed on other commercial and industrial uses for
a cumulative period of sixty (60) days within each calendar year. The time limit commences
when a banner permit is issued by the Planning Director. The sixty-day period may be divided
into two occasions per calendar year, provided the total display time does not exceed sixty (60)
days per calendar year.
A banner permit fee and an administrative fee in an amount representing the
anticipated City enforcement costs in causing the applicant to remove flags or banners shall be
paid to the City Treasurer at the time of application for site plan review. The administrative
fee shall be refunded upon the verified removal of the flag or banner by the specified deadline.
C. The following shall apply to all displays of flags and banners:
1. Flags and banners must be removed by the owner or occupant within
fifteen (15) days after a determination by the Planning Director that the display is improperly
maintained or the flag or banner is tattered or worn.
2. Flags and banners shall not be displayed in lieu of a permanent sign.
3. Violation of the time limits established by section 18.62.100B shall render
the site ineligible for issuance of a permit for display of a banner for a period of one year from
the date that the violation is abated.
4. The restrictions of this Section 18.62.100 shall also apply to signs and
banners located within the first eight feet (8') of the interior of commercial or industrial
premises when such sign or banner is visible to the exterior.
7 Amending Titles 9 and 18
18.62.110 Large permanent signs in commercial, manufacturing and institutional.
zones. Except in shopping centers, large permanent signs exceeding twenty-five (25) square
feet in area may be installed on or along the face of a building in commercial, manufacturing
or institutional zones, subject to the following specifications and restrictions:
A. Signs shall be limited to one sign per business premise per frontage along a
street, freeway or parking lot.
B. Sign area on the primary frontage shall not exceed thirty percent (30%) of the
area of the building face or four square feet of sign for each lineal foot of building face along
that frontage, whichever is greater.
C. Sign area on a secondary frontage shall not exceed fifteen percent (15%) of the
area of the building face or two square feet per lineal foot of secondary frontage, whichever is
greater.
D. The sign face shall not be located, such as by a cabinet, deep lettering or
architectural feature, more than eighteen inches (18") from a building face unless an exception
is approved pursuant to site plan review.
18.62.120 Large permanent signs in shopping centers. Large permanent signs for
businesses within a shopping center shall be limited to one per business premises per frontage
on a common walkway, parking lot, driveway, alleyway, street or freeway. The size and
placement of these signs shall conform with the standards specified by section 18.62.110C and
D, as well as standards that may be applied through any required City Council or Planning
Commission approval, including but not limited to a conditional use permit, planned
development permit, specific plan or variance.
18.62.130 Small permanent signs in commercial, manufacturing and institutional
zones. Any permanent sign measuring less than twenty-five square feet and not described
elsewhere in this chapter shall be considered a small permanent sign that shall only be
permitted in commercial, manufacturing and industrial zones as follows:
A. Small permanent signs shall be permitted only in windows or along the face of a
building.
B. The total area of all small permanent signs and any allowable small temporary
signs combined shall not exceed ten percent (10 %) of the wall or elevation on which the sign is
placed.
18.62.140 Pole -mounted or freestanding signs in commercial and manufacturing
zones. Pole -mounted or freestanding signs are permitted in the commercial and manufacturing
zones, subject to the following requirements:
A. Pole signs or freestanding signs shall be limited to one sign per frontage on street,
freeway or parking lot and may include a cluster sign identifying individual businesses on the
parcel(s).
B. The total area of any sign installed along the primary frontage shall not exceed
four square feet per lineal foot of property on the primary frontage.
C. The total area of any sign installed along each secondary frontage shall not
exceed two square feet per lineal foot of property on the secondary frontage.
8 Amending Titles 9 and 18
D. Sign structures shall not be placed within the required setback area, except that
projecting signs may protrude into or overhang a maximum distance of one-half of the setback.
18.62.150 Roof -mounted signs. A. Except as provided in subsection B, signs shall
not be installed on roofs in any zone.
B. Roof signs may be authorized in commercial and manufacturing zones if the
Planning Commission determines that no other form of sign arrangement can effectively serve
to advertise on -premises goods, services, or businesses. The maximum total area of a roof
sign shall not exceed thirty percent (30%) of the area of the front building face of the building
upon which the sign is to be located. Authorized roof -mounted signs shall not project outward
over the face of the building.
18.62.160 Revolving signs in commercial and manufacturing zones. Signs that
revolve shall be restricted to those that rotate three hundred sixty degrees and no more than
eight revolutions per minute. Revolving signs shall be permitted only in commercial and
manufacturing zones.
18.62.170 Small temporary window signs in commercial and manufacturing zones.
One or more temporary signs, each of which is less than twenty-five square feet in area, shall
be permitted per parcel in commercial and manufacturing zones. Temporary signs shall not be
fastened directly to the exterior wall or face of any building. Such signs may be displayed in
windows or on display boards, provided the combined total area of all signs does not exceed
ten percent (10%) of the area of the building face upon which the signs are mounted. (See
Section 18.62.100 for restrictions on flags and banners).
18.62.180 Projecting signs in commercial, manufacturing and institutional zones.
A projecting sign may be permitted in all commercial, manufacturing and institutional zones,
subject to the following conditions:
A. Projecting signs shall not project over any public right-of-way, including streets
or alleys, except as provided in Subsection D.
B. The maximum height of projecting signs shall be twelve feet, and may project
above any eave or parapet of less than twelve feet in height, but may not project inward over
any such eave or parapet.
C. The maximum area of a projecting sign shall be thirty-two square feet.
D. Projecting signs may project over street parkways and required setback areas a
maximum of one-half of the street parkway or setback width, but in no case shall the projection
exceed that allowed for marquee signs as set forth in Appendix A of the National City Land
Use Code. For the purpose of this section, "street parkway" is defined as that part of the
public street right-of-way lying between the front property line and the edge of the roadway.
E. No more than one projecting sign shall be placed on each street frontage per
business premises.
F. A projecting sign shall be permitted only in lieu of a freestanding or marquee
sign, and may not be utilized in addition to a freestanding or marquee sign.
9 Amending Titles 9 and 18
G. Projecting signs shall be supported so as to appear to be an architectural and
integral part of the building. The sign shall be free of any extra bracing, angle iron, guy
wires, or cables.
18.62.190 Signs for churches. Churches may display one wall mounted sign not to
exceed twenty square feet in area, and one freestanding changeable copy directory sign not to
exceed six feet in height and twenty square feet in area; provided, however, that the signs shall
be architecturally related to the structure to which they are appurtenant. Any illumination of
the sign is to be achieved only through the use of non -flashing, indirect or internal lighting,
and shall not reflect upon other properties.
18.62.200 Mural -type signs in commercial zones. Mural -type signs not exceeding
one hundred ten square feet in area shall be allowed in commercial zones in lieu of a fixed
sign.
18.62.210 Signs prohibited in all zones. Notwithstanding Section 18.62.020A, the
following signs are strictly prohibited in all zones:
A. Signs that obstruct any window, door, or opening used or required as a means
of regular ingress and egress, legal light and ventilation, as a fire escape or other emergency
access or escape.
B. Signs placed on public property or within the public street right-of-way
C. Signs placed on property without permission of the property owner or occupant.
D. Signs on fences.
E. Except as provided in Section 18.62.090B, 18.62.090C or 18.62.090F, signs on
vacant or unimproved land.
F. Any sign whose intensity of illumination, or size, shape or location interferes
with the safe operation of a vehicle or creates distraction to the operator of a motor vehicle on
adjoining public streets.
G. Animated and flashing signs exceeding the following limits or restrictions:
1. Flashing signs are limited to a maximum illumination equivalent to
incandescent bulbs of sixty watts per bulb maximum, and shall not flash more than sixty times
per minute. "Chasers" are prohibited.
2. High intensity neon lights, tubes or "flashing" lights exceeding sixty
watts are prohibited on animated or flashing signs.
3. Rotating beacon -type lighting elements on signs are prohibited.
H. Off -site signs, including billboards, except as allowed by Section 18.62.090.
I. Temporary signs, except as permitted by Section 18.62.170.
J. Inflatable signs and displays, unless authorized pursuant to a temporary use
permit issued under chapter 15.60.
K. Signs mounted on motor vehicles that are in violation of Section 7.20.150, or
signs exceeding twenty-five (25) square feet mounted on motor vehicles parked for more than 8
hours in any 24-hour period on private property.
10 Amending Titles 9 and 18
18.62.220 Nonconforming signs. Any sign that is made non -conforming by
enactment of Ordinance 2001— 2192 may continue to be maintained or displayed,
subject to the provisions of Section 18.108.150 regarding the continuance and abatement of
nonconforming signs.
18.62.230 Constitutional severability. The City Council declares that the judicial
invalidity of any section or portion of this chapter shall not affect the validity of any other remaining
section or portion; that the Council would have adopted each of those remaining portions,
notwithstanding any later declared invalidity. If any provision determined invalid under the
preceding sentence can either be judicially severed or interpreted in a way that could harmonize it
with the remaining provisions, then it may be severed or interpreted and applied so as to give full
purpose, meaning and effect to the remaining provisions of this chapter.
Section 6.
follows:
Sections:
18.92.010
18.92.020
18.92.030
18.92.040
That Title 18, Chapter 18.92 is amended in its entirety to read as
Chapter 18.92
OUTDOORS DISPLAY OR SALE OF MERCHANDISE
Outdoors display or sale of merchandise prohibited —General
Permitted displays
Special promotions
Seasonal sale of Christmas trees and pumpkins
18.92.010 Outdoors display or sale of merchandise prohibited —General.
A. The outdoors display or sale of merchandise on public or private property is
unlawful, except as provided in this chapter or Chapter 7.21. Merchandise is displayed
outdoors when it is placed to the exterior of a building or structure.
B. The inclusion of a specific prohibition in this Section 18.92.010 shall not affect
the general prohibition set forth in Section 18.02.080 or its application creating restrictions on
the uses of property outlined throughout the remainder of Title 18 of the National City
Municipal Code.
C. The term "merchandise" is as defined in Section 10.22.010 and means any
tangible object of nominal or value greater than one cent ($.01), including, but not limited to, all
manufactured products, food, goods and flowers, but excluding "newspapers" defined in Section
10.22.010D.
18.92.020 Permitted displays in commercial and industrial zones. A. In commercial
and industrial zones, service stations, auto dealers, recreational vehicle sales lots, nurseries,
licensed flower shops, and building material yards may display merchandise outdoors only on
the same site approved for the business.
11 Amending Titles 9 and 18
B. Other businesses in commercial and industrial zones shall not display or sell
merchandise outdoors except pursuant to a determination by the Planning Director under
Section 18.104.040 that the display would be customary with that type of business and
consistent with or comparable to the types of uses described in Section 18.92.020A.
18.92.030 Special promotions. A. Except as allowed by Section 18.92.020, all
other businesses in the commercial and industrial zones are permitted to have special
promotions at which outdoors display and sales will be allowed, limited to a maximum of three
consecutive days each, including all set-up and takedown time. No business shall have more
than two such sales in a calendar year. There shall be a period of at least thirty days between
sales.
B. Special promotions involving outdoor display of merchandise which afire to last
more than three days, or would involve more than two such sales in any calendar year, are not
allowed unless City Council approval in accordance with Chapter 15.60 is first obtained. All
sales shall be limited to the site approved for the business.
C. No business shall conduct a special promotion with an outdoors display on a
property unless the business has a permanent business address on that property. This
restriction shall not apply to sales conducted entirely indoors.
18.92.040 Seasonal sale of Christmas trees and pumpkins.
A. The seasonal sale of Christmas trees and pumpkins outdoors is permitted only in
commercial zones on property developed with a commercial use or on vacant property in a
commercial zone.
B. Displays and sales of Christmas trees and pumpkins are limited to thirty-five
(35) days each, including installation and removal of all related materials. A business license
shall be obtained each year prior to setting up displays.
Section 7. That the City Council finds that the proposed Code Amendment to
Chapter 18.16 is consistent with the General Plan, since the General Plan contains policies that
encourage the careful review of uses which may not be compatible with adjoining neighborhoods
and business districts. The Conditional Use Permit and distance requirements will ensure that
seafood odors do not adversely impact surrounding properties, while the exemption for frozen
seafood will avoid an unnecessary review process, which can discourage establishment of new
business, and one of the economic development goals of the General Plan is to provide a
favorable climate for attracting new, high -quality business activity into the City.
Section 8. That the City Council fords that the Code amendments to Chapter 18.04,
18.62 and 18.92 concerning definitions, signs, outdoor advertising displays, outdoor displays of
merchandise, and signs bordering freeways, are consistent with the General Plan, as the General
Plan calls for review of National City's zoning and development ordinances to achieve
implementation of General Plan policies and programs, as well as to implement standards to
improve signage to support compatibility with adjacent land uses and strengthening of the overall
business environment; and the proposed changes are needed to facilitate enforcement and to
12 Amending Titles 9 and 18
clarify existing requirements for signage, and also to reduce signage in limited situations where
excessive temporary signs could be installed or placed, while maintaining opportunities for
business advertising.
Section 9. That the City Council finds that the proposed amendments are exempt
from the California Environmental Quality Act (CEQA), on the basis that there is no
possibility that the proposal will have a significant environmental effect, since the amendments
will modify the Code requirements regarding the regulation of seafood markets, definitions,
outdoor advertising displays, outdoor displays of merchandise, and signs bordering freeways,
and will neither modify the zoning designations nor increase the intensity of use for any
property.
Section 10. The amendments to Chapter 9.32 shall not affect or apply to (1)
advertising displays or advertising structures that are pre-existing and legally non -conforming
as of the effective date of the amendments, or to (2) the refurbishment and/or rehabilitation of
said pre-existing, lawfully non -conforming advertising displays or advertising structures.
PASSED and ADOPTED this 4Tll day of DECEMBER
ATTEST:
Mi •ael R. Dall
City Clerk
APPROVED AS TO FORM:
(/3 g-i; az
George H. Eiser, III
City Attorney
George H. Waters, Mayor
2001.
13 Amending Titles 9 and 18
Passed and adopted by the Council of the City of National City, California, on December 4,
2001, by the following vote, to -wit:
Ayes: Councilmembers Beauchamp. Inzunza, Morrison, Zarate. Waters.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
GEORGE H. WATERS
By:
Mayor of the City of National City, California
mizti
City Jerk of the C" of National City, California
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar
days had elapsed between the day of its introduction and the day of its final passage, to wit, on
November 20, 2001, and on December 4, 2001.
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. 2001-2192 of the City Council of the City of National City, passed and
adopted by the Council of said City on December 4, 2001.
City Clerk of the City of National City, California
Bv:
Deputy