HomeMy WebLinkAboutCC ORD 2002-2212 Adds §§ 18.16.196, 18.16.197, 18.16.209 and 18.18.14, zoning (18.16, 18.18)ORDINANCE NO. 2002 — 2212
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AMENDING TITLE 18 OF THE NATIONAL CITY MUNICIPAL CODE
REGARDING TOBACCO SPECIALTY SHOPS AND MINIMUM AREA
FOR AUTOMOBILE SALES LOTS AND AUTOMOBILE
AND TRUCK REPAIR ESTABLISHMENTS
APPLICANT: CITY OF NATIONAL CITY
CASE FILE NO. A-2001-1
BE IT ORDAINED that the City Council of the City of National City, California
does hereby ordain as follows:
Section 1. That Appendix D of the Land Use Code be amended as follows:
• Replace "Tobacco Shop" with "Tobacco Specialty Shop", a Typical Permitted Use in
Use Groups 17 and 18.
Section 2. That Section 18.16.196 be added to the Land Use Code to read as follows:
18.16.196 Tobacco Specialty Shop. "Tobacco Specialty Shop" means any business,
the primary use of which is the sale of tobacco products or tobacco related paraphernalia. A
business shall be determined a tobacco specialty shop when more than 40 percent of its retail floor
area is devoted to the display and sales of tobacco products and/or paraphernalia.
Section 3. That Section 18.16.197 be added to the Land Use Code to read as follows:
18.16.197 Distance requirement for Tobacco Specialty Shops. A. "Tobacco Specialty
Shop", where permitted pursuant to Appendix D of the Land Use Code, shall not be located
within 1000 feet of any school, playground, recreation center or facility, childcare center or library
in the City of National City.
B. A use lawfully existing on the effective date of this section which is rendered
nonconforming by the provisions of this section may be continued for a period of not more than
three (3) years from said effective date, and shall thereafter be terminated, provided that:
1. The use shall not be extended or expanded either on the same or adjoining
property.
2. If the use existing at the time this section takes effect is thereafter discontinued
for six (6) months or more, any future use of the property shall conform with the provisions of
this section.
C. The owner or operator of a use rendered nonconforming by the provisions of this
section may apply to the city council for an extension of the time upon which said use must be
terminated. The application for extension shall be governed by the hearing and notice provisions
of Chapter 18.130. The city council, after conducting a public hearing may, by resolution, deny
the extension or grant an extension equal to or less than applied for, when it concludes that the
Ordinance No. 2002 — 2212
Page 2
strict application of the provisions of this section would be unreasonable as to a particular use,
that strict application of the provisions of this section would create a hardship upon the owner or
operator which was not brought about by an act of the owner or operator, and the hardship
resulting from strict application of the provisions of this section outweighs any detriment to the
public caused by granting an extension of time.
In making a determination as to granting or denying extensions of time, the city council
shall consider any evidence presented as to the following matters, but not limited thereto:
1. Age, condition and physical characteristics of the use;
2. Location;
3. Remaining economic life;
4. Depreciation treatment for income tax purposes;
5. Investment in use;
6. Monopoly or advantage resulting from fact that similar new uses are prohibited;
7. Cost to discontinue use.
D. A copy of the resolution made by the city council under subsection C shall be
mailed to the applicant.
final.
E. The decision of the city council upon an application for extension of time shall be
Section 4. That Section 18.16.209 be added to read as follows:
18.16.209 Automobile and truck repair service establishments. Automobile and truck
repair service establishments shall have a minimum lot area of seven thousand five hundred square
feet.
Section 5. That Section 18.18.114 be added to read as follows:
18.18.114 Automobile sales lots. Lots used for the sale of automobiles, trucks,
recreational vehicles or other similar vehicles shall have a minimum of ten thousand square feet.
Section 6. That the City Council finds that the proposed Code Amendment, which
addresses tobacco specialty shops and minimum area for automobile sales lots and automobile and
truck repair establishments, is consistent with the City's General Plan for the following reasons:
• Distance requirements for tobacco specialty shops will limit this use from locating near
schools, libraries, parks, recreational facilities and child care centers, with which it is incompatible, and
General Plan policy calls for careful review of uses which may not be compatible with adjoining areas.
Ordinance No. 2002 — 2212
Page 3
• The provision for termination of a lawfully established tobacco specialty store which
becomes nonconforming on the effective date of this Ordinance carries out General Plan policy that
encourages the removal or relocation of uses that are incompatible with surrounding properties.
• Minimum area requirements for automobile sales lots in the Manufacturing Zones and for
automobile and truck repair establishments in the Commercial Zones is consistent with the same
requirements for the uses where allowed in other Zones and needed to ensure adequate area for on -site
parking and storage of vehicles, and the standards need to apply to the specific use rather than solely to
the Zone they are located in, in order to avoid potentially negative effects on adjoining areas. The
proposed changes are consistent with General Plan's Economic Development policies to encourage
standards that support compatibility with adjacent land uses and strengthening of the overall business
environment.
Section 7. That the proposed amendment is 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 amendment will not modify any zoning designations and
will not result in an increase of intensity of use for any property.
PASSED and ADOPTED this 15Tx day of OCTOBER , 2002.
ATTEST:
Michael R. Dalla, ity Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
George H. Waters, Mayor
1
Passed and adopted by the Council of the City of National City, California, on October 15, 2002,
by the following vote, to -wit:
Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Zarate, Waters.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
GEORGE H. WATERS
Mayor of the City of National City, California
eJelli eft'
Ci Clerk of the y 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 day of its introduction and the day of its final passage, to wit, on
October 1, 2002, and on October 15, 2002.
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. 2002-2212 of the City Council of the City of National City, passed and
adopted by the Council of said City on October 15, 2002.
City Clerk of the City of National City, California
By:
Deputy