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Home My WebLink AboutCC ORD 2004-2251 Amends §§ 18.04.460—18.04.462, 18.14.301, 18.16.040, 18.16.070 and 18.140.030—18.140.050, residential development density and standards (18.04, 18.14, 18.16, 18.140)ORDINANCE NO. 2004 — 2251 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE REGARDING HIGHER DENSITY RESIDENTIAL DEVELOPMENT IN THE TOURIST, GENERAL, MEDIUM AND HEAVY COMMERCIAL ZONES AND RELATED DEVELOPMENT STANDARDS APPLICANT: BAY CANYON DEVELOPMENT CO. LLC CASE FILE NOS. A-2004-1/GP-2003-6 WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the General Plan of the City of National City, and for the amendment of the National City Municipal Code; 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 amendment; 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 Mitigated Negative Declaration which addresses both said General Plan amendment and Municipal Code amendment; and NOW, THEREFORE, the City Council of the City of National City, California does ordain as follows: Section 1. All protests, if any, against said amendment to the General Plan and Municipal Code, and each of them be and hereby are denied and overruled. Section 2. That section 18.04.460 of Title 18 of the Municipal Code be amended to read as follows: 18.04.460 Open space, common usable. Common usable open space means open space substantially free of structures but containing improvements which are part of a general development plan and are appropriate for the active or passive recreation of residents of a planned residential development. The common usable open space shall be designed and screened appropriately for its intended use, and shall have a minimum dimension of 10 feet. The common open space shall be located within the total development site and shall be used for active or passive recreational purposes by occupants of the development, or dedicated to the City for public park. Common usable open space shall not include public or private streets, driveways, private yards or patios, parking or loading spaces, or utility easements where the ground surface cannot be used appropriately for active or passive recreation, nor other areas primarily designed for other operational functions. Section 3. That section 18.04.462 of Title 18 of the Municipal Code be amended to read as follows: 18.04.462 Open space, private usable. Private usable open space shall be improved for recreational use by the residents of the unit to which it is credited. It shall be located adjacent to and accessible from the unit that it serves, and shall have a minimum dimension of five feet. At ground level it shall be screened by the use of five and a half foot tall dense landscaping or a wall/fence. If the space is four feet or higher above grade or at ground level but located such that the space faces a beneficial outward and open orientation the space shall be screened with three and a half foot tall dense landscaping or a wall/fence. Section 4. That section 18.14.301 of Title 18 of the Municipal Code be amended to read as follows: 18.14.301 Usable open space in multi -family projects. A. For projects of three units or more common usable open space shall be required in a minimum amount of 300 square feet per dwelling unit. Private usable open space may be substituted for such common usable open space in the ratio prescribed in section 18.14.301 B, except that actual common usable open space shall be provided in the amount of 300 square feet or 75 square feet per unit, whichever is greater. B. Each square foot of private usable open space shall be considered equivalent to two square feet of required common usable open space, and may be so substituted, subject to the minimum requirements for actual common usable open space. At least seventy-five percent of the units shall be provided with at least 60 square feet of private usable open space. C. Provision of usable open space in setback areas and court, and indoors. 1. Both common and private usable open space provided at ground level may be provided in the interior side yard and rear yard setback areas, within courts, and within exterior side yard setback areas to within five feet of the property line. 2. Both common and private usable open space located more than four feet above grade shall not be located closer than five feet to side and rear property lines. 2004 Ordinance 2 Higher Density Residential Development Bay Canyon Development Co. 3. Private usable open space provided above the first floor may be located in the front yard setback area to within twelve feet of the front property line. 4. Up to a maximum of sixty percent of the required common usable open space may be provided indoors. Section 5. That subsection 18.16.040C be added to Title 18 of the Municipal Code to read as follows: 18.16.040C. For compatible residential development Section 6. That subsection 18.16.070C be added to Title 18 of the Municipal Code to read as follows: 18.16.070C. For compatible residential development Section 7. That subsection 18.140.030A of Title 18 of the Municipal Code be amended to read as follows: 18.140.030A. Mixed use may be permitted in the tourist commercial (CT), limited commercial (CL), general commercial (CG), medium commercial (CM) and heavy commercial (CH) zones with the issuance of a conditional use permit, in accordance with Chapter 18.116 of this title. However, a single residence on a lot may be permitted with site plan review approval by the Planning Director where deemed appropriate in accordance with Chapter 18.128 of this title. Section 8. That section 18.140.040 of Title 18 of the Municipal Code be amended to read as follows: 18.140.040. The maximum number of dwelling units which may be permitted in the CT, CG, CM and CH zones shall be limited to one dwelling unit per each full 1,250 square feet of lot area, and in the CL zone to one dwelling unit per each full 1,900 square feet of lot area. Section 9. That subsection 18.140.050B of Title 18 of the Municipal Code be amended to read as follows: 18.140.050B. Open space requirements for residential multifamily development in the CL, CT, CG, CM and CH zones shall be as required by section 18.14.301. As an alternative for projects that incorporate both commercial and residential uses, required common open space may be provided as landscaped courtyard areas for passive use, integrated with both commercial and residential components of the development. 2004 Ordinance 3 Higher Density Residential Development Bay Canyon Development Co. Section 10. That subsection 18.140.050E of Title 18 of the Municipal Code be amended to read as follows: 18.140.050E. Exceptions to the design regulations listed or referenced in this section may be granted in conjunction with the required conditional use permit or site plan review application if consistent with the General Plan. Section 11. That a Notice of Determination shall be filed indicating that the amendment will not have a significant effect on the environment. PASSED and ADOPTED this 17th day of August, 2004. Nick I n1, ATTEST: Michael Dalia, City)410,4 Jerk APPROVED AS TO FORM: TIC& George H. Eiser, III City Attorney 2004 Ordinance 4 Higher Density Residential Development Bay Canyon Development Co. Passed and adopted by the Council of the City of National City, California, on August 17, 2004, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California Jerk of the Ci ofNational City, California By: Deputy 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 3, 2004, and on August 17, 2004. 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. 2004-2251 of the City Council of the City of National City, passed and adopted by the Council of said City on August 17, 2004. City Clerk of the City of National City, California By: Deputy