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HomeMy WebLinkAboutCC ORD 2006-2286 Adds § 18.108.230, zoning (18.108)ORDINANCE NO. 2006 — 2286 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 18.108 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING SECTION 18.108.230 PERTAINING TO AFFIRMATIVE TERMINATION OF NONCONFORMING USES THROUGH AMORTIZATION, EXEMPTING RESIDENTIAL USES (APPLICABILITY) WHEREAS, the City of National City Municipal Code currently allows a lawful nonconforming uses to continue indefinitely, unless the use is enlarged, extended, reconstructed or structurally altered; and WHEREAS, nonconforming uses are detrimental to the orderly development of the City, to the general welfare, and to the implementation of the General Plan; and WHEREAS, nonconforming uses cannot be expanded, enlarged, extended, reconstructed structurally altered; and WHEREAS, a nonconforming use can be harmful when the use is adjacent to a residence; and WHEREAS, a nonconforming residence does not generally pose the potential to cause harm when it is adjacent to another type of use; and WHEREAS, amortizing nonconforming residential uses could cause the displacement of families and traumatic disruption of their lives; and WHEREAS, amortizing nonconforming residential uses would not be consistent with the desire to preserve the community's supply of housing affordable to all income levels; and WHEREAS, excluding nonconforming residential uses from amortization would be consistent with the General Plan goal of working to preserve the affordability, supply and quality of the existing rental and owner housing stock; and WHEREAS, amortization serves the public health and welfare by providing the City of National City a method to affirmatively terminate nonconforming uses; and WHEREAS, amortization allows a private owner to mitigate a loss by allowing the owner a reasonable period to recoup the investment in the nonconforming use; and WHEREAS, hearings were legally noticed and held by the Planning Commission of National City and also by the City Council of the City of National City, and all interested persons were given the opportunity to appear and be heard before the Planning Commission and the City Council; and WHEREAS, the Planning Commission recommended this amendment to the Municipal Code; and WHEREAS, the City Council finds this amendment to the Municipal Code is consistent with and necessary for the implementation of the General Plan. NOW, THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. That Section 18.108.230 is added to Chapter 18.108 of the National City Municipal Code, which amendment is to read as follows: 18.108.230 Affirmative Termination by Amortization. The City Council of the City of National City may order a nonconforming use to be terminated within a reasonable amount of time, upon recommendation of the Planning Commission. The Planning Commission shall conduct a public hearing after 10 days written notice to the nonconforming user. If the nonconforming user has not made a substantial investment in furtherance of the use, or if the investment can be substantially utilized or recovered through a currently permitted use, the Order may require complete termination of the nonconforming use within a minimum of one year after the date of the Order. If the nonconforming user has made a substantial investment in furtherance of the use, or if the investment cannot be substantially utilized or recovered through a currently permitted use, the Order may require complete termination of the nonconforming use within a longer reasonable amount of time. Nonconforming uses that are determined to be an imminent threat to public health or safety may be terminated immediately, pursuant to Chapter 1.36 of this Code. In making its recommendation to terminate a nonconforming use and in recommending a reasonable amount of time in which to terminate, the Planning Commission shall consider: (i) The total cost of land and improvements; (ii) The length of time the use has existed; (iii) Adaptability of the land and improvements to a currently permitted use; (iv) The cost of moving and reestablishing the use elsewhere; (v) Whether the use is significantly nonconforming; (vi) Compatibility with the existing land use patterns and densities of the surrounding neighborhood; (vii) The possible threat to public health, safety or welfare; and (viii) Any other relevant factors. Ordinance No. 2006-2286 2 Affirmative Termination of Nonconforming Uses Through Amortization, The term "nonconforming use" when used in this section shall include nonconforming uses, nonconforming structures and nonconforming lots, consistent with the intent of this title. This amortization section does not apply to any lawful nonconforming residential uses. Failure to comply with the City Council's Order to terminate a nonconforming use shall constitute a violation of this Chapter and is a public nuisance subject to abatement in accordance with Chapter 1.36 of this Code. Section 2. That a Notice of Exemption shall be filed indicating that this amendment to the Municipal Code is exempt from the California Environmental Quality Act, because it can be said with certainty that there is no possibility that the action will have a significant effect on the environment as it does not have a direct effect on any property or environmental consequence. PASSED and ADOPTED this 1st day of August, 2006. ATTEST: APPROVED AS TO FORM: 5 A George H. Eiser, III City Attorney Ordinance No. 2006-2286 3 ick InzL Mayor Affirmative Termination of Nonconforming Uses Through Amortization, Passed and adopted by the Council of the City of National City, California, on August 1, 2006, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City • National City, California w City CI rk of the ity 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 July 18, and on August 1, 2006. 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. 2006-2286 of the City Council of the City of National City, passed and adopted by the Council of said City on August 1, 2006 By: City Clerk of the City of National City, California Deputy