HomeMy WebLinkAboutCC ORD 2003 - 2228ORDINANCE NO. 2003 — 2228
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AMENDING
VARIOUS CHAPTERS OF TITLE 18 (ZONING) OF THE
NATIONAL CITY MUNICIPAL CODE CLARIFYING REQUIREMENTS
REGARDING LANDSCAPING, PAVING OF FRONT YARDS,
FENCING, PARKING, CONDITIONAL USE PERMITS,
THE HISTORIC PROPERTIES LIST, SETBACKS FOR
SINGLE-FAMILY HOME ADDITIONS, DAY CARE FACILITIES
AND ADDITIONAL USES AND DEFINITIONS
Applicant: City Initiated
Case No. A-2003-2
BE IT ORDAINED by the City Council of the City of National City that Title
18 of the National City Municipal Code is hereby amended to read as follows:
Section 1. That Chapter 18.04 is amended by adding Sections
18.04.051 and 18.04.607 to read as follows:
18.04.051 Assisted living facility. "Assisted Living Facility" means a complex
that is designed to accommodate primarily the elderly but may accommodate others,
with staff personnel and programs to assist residents with many activities of daily living.
Units may or may not have kitchens, but meals are provided in a central location. Units
usually rent on a monthly basis.
18.04.607 Skilled nursing facility. "Skilled Nursing Facility" means an
institution, or part of an institution, that provides licensed, skilled nursing care and
related services for patients who require 24-hour medical, nursing or rehabilitative
services.
Section 2. That Chapter 18.04 is amended by amending Sections
18.04.240, 18.04.241 and 18.04.241.1 to read as follows:
18.04.240 Family day care home. "Family day care home" means a home
which regularly provides care, protection and supervision of fourteen or fewer children,
in the provider's own home, for periods of less than twenty-four hours per day, while the
parents or guardians are away, and is either a large family day care home or a small
family day care home, as defined in Sections 18.04.241 and 18.04.242.
18.04.241 Family day care home, large. "Large family day care home" means
a home which provides family day care for 7 to 14 children, pursuant to chapter 18.83 of
this title, including children under the age of ten years who reside at that home.
18.04.241.1 Family day care home, small. "Small family day care home" means
a home which provides family day care to six or fewer children, including children under
the age of ten years who reside at that home, pursuant to chapter 18.83 of this title.
"Small family day care home" also means a home that provides family day care to
seven or eight children, including children under the age of ten years who reside at that
home, provided that all of the conditions set forth in Section 18.83.031 are met.
Section 3. That Chapter 18.14 is amended by amending Section
8.14.240, 18.14.390 and 8.14.420 to read as follows:
18.14.240 Front and side yard requirement variations. Front and side yards
established by this title may be varied as follows in obtaining the minimum depth
thereof:
A through C — No change.
D. For additions to a single-family home the Planning Director may approve
reduced front, side or exterior side yard setbacks equal to those of the existing home.
18.14.390 Off-street parking —Minimum requirements. The minimum number
of required off-street parking spaces for the residential zones are specified in Section
18.58.240.
18.14.420 Landscaping.
A. No change.
B. Landscaping for any residential use or development shall be installed in
accordance with, and as required by, Chapter 18.54 and adopted guidelines.
C. No change
D. Paving of front yard areas for all residential zoned property, including
single-family homes and all other housing, is prohibited, except for driveways, walkways
and patio areas approved through site plan review or as part of a landscape plan.
Section 4. That Chapter 18.16 is amended by amending Section
18.16.192 to read as follows:
18.16.192 Motels.
A through E — No change.
F. On -site parking shall be provided in accordance with Section 18.58.290.
Section 5. That Chapter 18.30 is amended by amending Section
18.30.110 to read as follows:
18.30.110 Off-street parking. Off-street parking shall conform with the
requirements for specific residential uses and zones as outlined in Chapter 18.58. In
addition, the total available parking space, including on -street parking spaces within a
planned unit development, or on the same side of a public street abutting a planned unit
development, shall be at a ratio of not less than two spaces per dwelling unit.
2
Section 6. That Chapter 18.45 is amended by amending Section
18.45.010 to read as follows:
18.45.010 Requirements generally. Every required front, side, and rear yard
shall be open and unobstructed from the ground to the sky, unless otherwise provided.
In addition to permitted accessory buildings, the following structures may be erected or
projected into any required yard:
A. Fences, walls, and hedges may be erected or projected into any required
yard as provided in Chapter 18.50.
B. Cornices, belt courses, sills, or other similar architectural features (other
than bay windows or vertical projections) may project into a required side yard, other
than the side yard adjoining the street lot line of a corner lot, not more than two inches
for each one foot of such side yard, and may project into a required front yard or rear
yard, or a side yard adjoining the street lot line of a corner lot, passageway or other
open space not more than thirty inches, provided the width of a side yard adjoining the
street lot line of a corner lot is not reduced to less than three feet.
C. Eaves may project into a required side yard, other than the side yard
adjoining the street lot line of a corner lot, not more than four inches for each one foot of
width of such side yard, provided the width of such side yard is not reduced to less than
two and one-half feet. Eaves may also project into a required front yard or rear yard, or
a side yard adjoining the street lot line of a corner lot, passageway or other open space
not more than thirty inches, provided the width of a side yard adjoining the street lot line
of a corner lot is not reduced to less than two and one-half feet.
D. Chimneys may project into a required passageway not more than one foot
and into a required front yard, rear yard, side yard or other required open space not
more than two feet, provided the width of any required side yard is not reduced to less
than three feet.
E. Fire escapes may extend or project into any front, side or rear yard not
more than four feet.
F. Open unenclosed stairways, or balconies, not covered by a roof or
canopy, may extend or project into a required rear yard not more than four feet, and into
a required front yard, passageway, other open space or the side yard adjoining the
street lot line of a corner lot not more than thirty inches, provided the width of a side
yard adjoining the street lot line of a corner lot is not reduced to less than two and one-
half feet.
G. Open, unenclosed porches, platforms or landing places, including access
stairways thereto, not covered by a roof or canopy, which do not extend above the level
of the first floor of the building, may extend or project into the required front yard, side
yard, rear yard, passageway or other open space not more than six feet, provided that
in no event shall any such porch, platform or landing place be more than six feet above
the natural ground level adjacent thereto.
H. A one-story covered passageway, commonly referred to as a breezeway,
not over five feet in width, extending from a main residential building to an accessory
parking or other accessory structure, may be erected and maintained in a required rear
yard. Such passageway shall be located not less than five feet from all lot lines and
shall be unenclosed; except that on a corner lot there may be a wall or fence not over
six feet in height along the street side of such passageway.
3
Awnings or canopies without enclosing walls or screening may be
attached to the exterior walls of a residential structure provided that:
1. Such awnings or canopies do not extend more than four feet into a
required front yard or building line space at the front of the lot, and have no vertical
support within the yard or space;
2. Such awnings or canopies do not extend more than thirty inches
into a required side yard, rear yard, building line space at the side of a lot, passageway
or other open space, but in no event nearer than thirty inches to an interior lot line;
3. Where such awnings or canopies project into a required front or
side yard, passageway or other open space, they may extend only over the windows or
doors to be protected and for twelve inches on each side thereof.
J. Entry arbors, either freestanding or as part of a fence as provided for in
Section 18.30.035.
K. Notwithstanding the provisions of this chapter, architectural features, fire
escapes, porches, balconies, or other projections permitted in a yard, passageway or
other open space shall not be located and maintained so as to preclude complete
access to main buildings and accessory living quarters at all times. At least five feet of
clear and open space shall be maintained between any two main buildings, including
the projections, on any one lot.
Section 7. That Chapter 18.50 is amended by amending Section
18.50.030 to read as follows:
18.50.030 Height Exceptions.
A through B -No change.
C. Up to 30% of the length of a fence may exceed the height limits specified
in this chapter by up to 6 inches.
Section 8. That Chapter 18.50 is amended by adding Section
18.50.035 to read as follows:
18.50.035 Entry Arbors. Arbors may be placed freestanding, or at entrances
along fences within required front and exterior side yards, subject to the following
standards:
1 The height of the arbor shall not exceed 10 feet;
2. The width of the arbor shall not exceed 6 feet between centerlines of the
supports.
3. A maximum 2 foot overhang is permitted on each side of the center of the
supports.
4. The depth of the arbor shall be no more than 2 feet 6 inches.
5. A minimum 6-foot, 8-inch vertical clearance above grade is required.
6. Supports shall not exceed 6 inches by 6 inches (horizontal dimensions).
7. The arbor shall not be enclosed on any side other than where attached to
a building or by an entry gate that is part of an allowed fence.
8. Arbors may encroach into the entire width of the required front or exterior
side yard.
4
9. Exceptions to these standards may be approved pursuant to Subsection D
of Section 18.50.030.
Section 9. That Chapter 18.58 is amended by amending Sections
18.58.240, 18.58.290, 18.58.310, 18.58.360, 18.58.420, 18.58.430, 18.58.460,
18.58.620 and 18.58.690 to read as follows:
18.58.240 Schedule of parking requirements —Residential uses. The following
is the schedule of off-street parking requirements for residential uses:
Housing Units in the
Following Zones
RS-1 and RS-E zones
RS-2, RS-3 Zones
RT Zone
RM-1, RM-2
RM-3
Off -Street Parking Required
2 spaces in a garage or carport
2 spaces, including 1 space in a garage or carport
1 1/2 spaces per dwelling unit
Exception: A detached home in this Zone shall
have the same parking requirement as the RS-3
Zone.
1.3 spaces per 1-bedroom unit and studio unit,
plus 1.5 spaces per unit containing 2 or more
bedrooms, and conveniently located guest
parking of 'h space per unit for 20 units or less,
plus '/< space for each unit over 20. Half of the
required guest parking spaces may include
parallel curb parking spaces on dedicated public
streets contiguous to the site. Exceptions:
• A duplex built in this Zone shall have the same
parking requirement as the RT Zone.
• A detached home in this Zone shall have the
same parking requirement as the RS-3 Zone.
Per Planned Development Permit
RM-H Two spaces per unit
5
Additional Standards
Condominiums
Planned Unit Development
Boardinghouse and
lodging houses
Dormitories and fraternity
or sorority houses
Off -Street Parking Required
2 spaces per dwelling unit, and conveniently
located guest parking in the numbers as specified
above for RM Zones.
Garages or carports shall be provided for
detached condominium homes, as required in the
applicable zone. (Not applicable to condominium
conversions. Refer to Chapter 18.74.)
Minimum of 2 spaces per unit, or as specified for
specific zones or for condominiums, if applicable
(exception allowable by Section 18.30.010)
1 space per guest room
As required by conditional use permit
18.58.290 Schedule of parking requirements —Business and commercial
uses. The following is the schedule of off-street parking requirements for business and
commercial uses:
Structures and Uses
Hotel or Motel
Off -Street Parking Required
1 space per guest room, plus one extra
parking space for every ten units up to fifty.
Over fifty units, one extra parking space
shall be provided for every twenty units.
18.58.310 Parking table and diagram. The following Table XV provides the
required minimum dimensions of parking facilities based on the explanatory diagram
where:
A. "A" equals the parking angle;
B. "B" equals the stall width;
C. "C" equals the minimum stall depth;
D. "D" equals the minimum clear aisle width;
E. "E" equals the stall distance at bay side;
F. "F" equals the minimum clear bay width; and
G. "G" is the required increase in clear aisle width for public parking facilities,
except for accessory parking facilities used exclusively by tenants, employees, or
owners of the structures or uses served.
H. The letters "H", "I", "J", "K", "L", "M", and "N" correspond to dimensions
defined by the letters "A" through "G", respectively, for compact parking spaces shown
on Table XV.
6
18.58.360 Parking facilities —Access to streets or alleys. A. Access driveways
shall be provided between each parking facility and a public street or alley. Lots should
not have access from predominantly residential streets, except when the lot is serving a
residential use. Residential driveways shall be permitted only on an arterial street where
no other access to the property exists.
B. One-way driveways and driveways serving a single-family residence shall
have a minimum width of twelve feet; except for driveways leading to a single car
garage or parking space where the Director of Planning may authorize a lesser width.
C. Two-way driveways between a street and private parking facilities shall
have a minimum width of eighteen feet. Two-way driveways between a street and
public parking facilities shall have a minimum width of twenty-four feet. Two-way
driveways within a parking facility connecting separated areas of parking spaces shall
have a minimum width of eighteen feet, or as otherwise required by Section 18.58.430.
D. Where access is available from any adjoining or abutting alley to any lot
proposed for residential or mixed use development in the CL, CT and CG zones, access
to the required residential parking facility shall be from that alley when appropriate to
avoid access to commercial collector or arterial streets.
18.58.420 Parking facilities —Driveway vertical clearance. The minimum
vertical clearance for driveways shall be thirteen feet six inches to allow for the passage
of emergency vehicles, or as required by the City Fire Department, whichever is greater.
18.58.430 Parking facilities —Aisles, approach lanes, and maneuvering areas
for two-way traffic. For two-way traffic within parking facilities, all aisles, approach
lanes, and maneuvering areas shall have a minimum width of eighteen feet or as
specified in Table XV (Section 18.58.310), or as required by the Fire Department for
emergency access, whichever is greater.
18.58.460 Parking facilities --Driveway and lane gradients.
A through B — No change
C. The City Engineer shall determine compliance with the standards
contained or referenced in Sections 18.58.460 through 18.480 and 18.58.620 through
18.58.690 based upon best engineering practice applicable to the topography of the
site.
18.58.620 Parking facilities —Surfacing —Generally. All parking facilities,
including access ways accessory thereto, shall be surfaced in accordance with the
minimum specifications set out in Sections 18.58.630 through 18.58. 680. The City
Engineer shall determine compliance with these standards based upon best
engineering practice applicable to the topography of the site.
18.58.690 Parking facilities —Drainage. In all instances, pavement grades shall
be designed, constructed and maintained so as to prevent ponding of water upon or
adjacent to the paved surface. The minimum allowable slope is one percent. Slopes up
to five percent may be allowed in unusual cases. Driveway gradients shall comply with
Section 18.58.460. The City Engineer shall determine compliance with these standards
based upon best engineering practice applicable to the topography of the site.
7
Section 10. That Chapter 18.58 is amended by adding Section
18.58.345 to read as follows:
18.58.345 Dimensions for garage or carport area and openings. A one -car
garage or carport shall contain an unobstructed interior parking area of a minimum of 11
feet wide by 19 feet deep.
A. A two -car garage or carport shall contain an unobstructed interior parking
area of a minimum of 20 feet wide by 19 feet deep.
B. A garage for more than two cars shall contain additional area consistent
with Sections 18.58.310, 18.58.330 and 18.58.340.
C. A single -car garage door or opening to a single space carport shall be a
minimum of 8 feet wide; a two -car garage door or opening to a two -space carport shall
be a minimum of 16 feet wide. For larger parking garages or carports serving multi-
family residential ornonresidential development, openings shall be provided in
accordance with Sections 15.58.330 and 18.58.340.
Section 11. That Chapter 18.83 is amended by amending Sections
18.83.020 and 18.83.030 to read as follows:
18.83.020 Definitions. "Family day care home" means a home which regularly
provides care, protection and supervision of 14 or fewer children in the provider's own
home for periods of Tess than twenty -fours hours per day, while the parents or guardians
are away, and includes the following:
A. "Large family day care home" means a home which provides family day
care for 7 to 14 children, pursuant to this chapter, including children under the age of
ten years who reside at that home.
B. "Small family day care home" means a home which provides family day
care to six or fewer children, including children under the age of ten years who reside at
that home, pursuant to this chapter. "Small family day care home" also means a home
that provides family day care to seven or eight children, including children under the age
of ten years who reside at that home, provided that all of the conditions set forth in
Section 18.83.031 are met.
18.83.030 Small family day care. Small family day care homes as defined in
Section 18.04.241.1 are permitted in all residential structures located in residential
zones subject to the following limitations:
A. Care is provided for children on less than a twenty-four hour full-time
basis;
B. Care is limited to a total of six children, including children under the age of
ten who live in the home, as provided in Section 18.38.031; otherwise care is limited to
six children, including children under the age of ten who live in the home, provided that
a small family day care home may provide care for seven or eight children, including
children under the age of ten years who live in that home, provided that all of the
conditions of Section 18.83.031 are met.
8
C. Occupancy is subject to all day care home requirements required by the
State Fire Marshal;
D. The facility is licensed by or registered with the state and/or the county.
Section 12. That Chapter 18.83 is amended by adding Sections
18.83.031 and 18.83.041 to read as follows:
18.83.031 Small family day care homes for seven or eight children. A small family
day care home may provide care for seven or eight children without an additional adult
attendant if all of the following conditions are met:
A. At least two of the children are at least six years of age.
B. No more than two infants are cared for during any time when more than
six children are cared for.
C. The licensee notifies each parent that the facility is caring for the seven or
eight children in the home at one time.
D. The licensee obtains the written consent of the property owner when the
family day care home is operated on property that is leased or rented.
18.83.041 Large family day care homes for 13 or 14 children. A large family
day care home may provide care for 13 or 14 children, if all of the following conditions
are met:
A. At least two of the children are at least six years of age.
B. No more than three infants are cared for during any time when more than
12 children are cared for.
C. The licensee notifies a parent that the facility is caring for the 13 or 14
children in the home at one time.
D. The licensee obtains the written consent of the property owner when the
family day care home is operated on property that is leased or rented.
Section 13. That Chapter 18.98 is amended by amending Section
18.98.090 to read as follows:
18.98.090 Landscaping —Generally. Five percent of the gross site area shall
be devoted to landscaping. Landscaping and maintenance shall be in accordance with
Chapter 18.54.
Section 14. That Chapter 18.98 is amended by repealing Section
18.98.100.
Section 15. That Chapter 18.116 is amended by adding Section
18.116.200 to read as follows:
9
18.116.200 Violations. The following shall be considered violations of Title 18:
A. Commencement or continuation of an activity which requires approval of a
conditional use permit pursuant to this title, not including lawful nonconforming uses,
established prior to enactment of regulations that require a conditional use permit for the
activity.
B. Any violation of a condition of approval of a conditional use permit.
Section 16. That Chapter 18.139 is amended by amending Section
18.139.020 to read as follows:
18.139.020 Historic properties list. A list of historic properties shall be
maintained. The city council shall periodically update the list.
Section 17. That Appendix D of Title 18 is hereby amended to add or
delete Typical Permitted Uses to designated Use Groups as follows:
Add the following uses to the list of Typical Permitted Uses in Use Group 8:
Assisted Living Facility
Skilled Nursing Facility
Delete the following use from the list of Typical Permitted Uses in Use Group 8:
Residential Care Home
Add the following use to the list of Typical Permitted Uses in Use Group 27:
Physical Therapist (Licensed)
Section 18. 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 is limited to
changes that clarify current regulations and procedures or allow minor changes for
developments concerning arbors, fence height or setbacks for existing homes, that
would also be exempt from environmental review.
Section 19. That the proposed Code amendments 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 programs and
policies. Proposed changes which clarify certain standards would facilitate the use of
the Code as well as the implementation of the General Plan. Changes which address
paving, landscaping and fencing carry out General Plan policies that encourage
enhancement of community appearance. Those that address paving and landscaping
also are consistent with policy for conservation of natural resources, as landscaping and
reduced area of paved surfaces facilitates reduction of storm water runoff.
--- Signature Page to Follow ---
10
Ordinance Amending Title 18
Signature Page
PASSED AND ADOPTED this 19TH day of AUGUST , 2003.
ATTEST:
MicFiael Dalla,ity Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
11
Nick nz
Passed and adopted by the Council of the City of National City, California, on August 19, 2003,
by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Ungab.
Nays: None.
Absent: Councilmember Parra.
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
Mayor of the City of National City, California
City ty �f National City, California
I?gth,
Jerk of the i
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
August 5, 2003, and on August 19, 2003.
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. 2003-2228 of the City Council of the City of National City, passed and
adopted by the Council of said City on August 19, 2003.
City Clerk of the City of National City, California
By:
Deputy