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HomeMy WebLinkAboutCC ORD 1975-1475 Amends § 10A of Ord. 962, zoning (Repealed by 1503)a • 1475 WHEREAS, the Council of the City of National City is, in the interest of the public health, safety and welfare, desirous of regulating the operation of helicopters and related facilities insofar as the same are not now regulated by some other governmental agency having jurisdiction to so regulate; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES ORDAIN, FIND AND DETERMINE AS FOLLOWS: SECTION 1. That Section 10A of Ordinance No. 962 be amended by adding a new paragraph 19, to read as follows: 19. NATIONAL CITY HELICOPTER RULES AND REGULATIONS. A. PURPOSE AND INTENT. It is the purpose and intent of this paragraph to provide rules and regulations governing the conduct of the operation of helicopters and re- lated facilities within the City of National City. B. RULES OF CONSTRUCTION. This section shall be construed liberally in order to effectuate its purposes. Unless otherwise specifically prescribed in this section, the following provisions shall govern its interpretation and construction. (1) When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. (2) Time is of the essence in this Ordinance. No person shall be relieved of his obligation to comply promptly with any provision of this section by any failure of City to enforce prompt compliance with any of its provisions. (3) No person shall have any recourse whatsoever against City for any loss, cost, expense or damage arising out of any provision or re- quirement of this Ordinance or the enforcement thereof. (4) This Ordinance does not relieve any person of any requirement of the City or of any Ordinance, rule, regula- tion or specification of City. C. DEFINITIONS. Whenever used in this Ordinance, the following words or phrases shall mean: (1) "City" shall mean The City of National City, a municipal corporation in the State of California. (2) "Council" shall mean the City Council of City of National City. (3) "Approach -Departure Path" shall mean a clear path selected for flight, extending upward and outward from the edge of the landing and takeoff area. (4) "Commercial Helicopter" shall mean any helicopter used for the transportation for hire of passengers, cargo or mail where a public heliport or helistop is the destination or point of origin of its flight, and any heli- copter engaged in commercial utility work including photo, patrol, forestry, advertising, agricultural and flight training where a public heliport or helistop is used for takeoff or landing. (5) "Helicopter" shall mean a rotary wing aircraft which depends for its support and motion in the air principally upon the lift generated by one or more power driven rotors that rotate on a substantially vertical axis. (6) "Heliport" shall mean an area, either at ground level or elevated on a structure, which is used or in- tended to be used for the landing and takeoff of helicopters, and includes some or all of the various facilities useful to helicopter operation, such as helicopter parking, waiting room, fuel- ing and maintenance equipment. (7) "Helistop" shall mean a heli- port, either at ground level or elevated on a structure, for the landing and takeoff of helicopters, but without auxiliary facilities such as waiting ORDINANCE NO. 1475 AN ORDINANCE AMENDING ORDINANCE NO. 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, TO PROVIDE RULES AND REGULATIONS FOR THE OPERATION OF HELICOPTERS WITHIN THE CITY OF NATIONAL CITY room, hangar, parking, maintenance or fueling equipment. (8) "Off -Heliport Landing Site" shall mean that takeoff and landing area intended for temporary or oc- casional helicopter use but not formally designed as a heliport. (9) "Public Heliport/Helistop" shall mean a heliport or helistop serving the general public. (10) "Private Heliport/Helistop" shall mean a heliport or helistop serving a limited number of individuals or firms, their owners, employees, agents and guests. (11) "Takeoff and Landing Area" shall mean that area of the heliport where the helicopter actually lands and takes off and includes the touchdown area. (12) "Taxiway" shall mean a surface pathway used to hover taxi or ground taxi of helicopters to and from the takeoff and landing area. D. CLASSIFICATION OF HELIPORTS AND HELISTOPS. Heliports and helistops shall be designated as either ground level, elevated or floating. Each shall be classified as one of the following: Class I Private. Any heliport or heli- stop which is exclusively for the owner's sole use and which use by other parties is only by specific invitation or permission of the owner. Class II Public (small). Any publicly owned heliport or helistop (or one privately owned but dedi- cated to public use) which will accommodate helicopters of 6,000 pounds or less gross weight. Class III Public (large). Any publicly owned heliport or helistop (or one privatey owned but dedi- cated to public use) which will accommodate helicopters in excess of 6,000 pounds gross weight. Heliports and helistops are further subclassified in accordance with their available support facilities as follows: Subclass A Minimum support facilities — no buildings, mainte- nance or fueling (c heli- stop) . Subclass B Limited support facilities — no fuel, no maintenance. Subclass C Complete support facilities including maintenance and fueling. Classification ' s used in this section is not intended to establish control or limitation on support facilities author- ized for heliports/helistops but is o reflection of such facilities available on any given installation. E. CONDITIONAL USE PERMIT RE- QUIRED. No person shall operate or maintain a heliport or helistop without first obtaining a Conditional Use Permit from the City Council upon recommendation of the Planning Commission. F. APPLICATION FOR CONDITIONAL. USE PERMIT — PERMANENT HELIPORT OR HELISTOP. Every application for a Conditional Use Permit to construct and/or operate a permanent heliport or helistop shall be submitted in writing to the Planning Commission and shall include the fol- lowing: (1) Name and address of applicant whether a firm, association or corpora- tion. (2) Copy of completed application to California Department of Aeronautics for State approval. (3) Copy of completed application to Federal Aviotion Administration for approval. (4) For the first application in each calendar year, a certificate of insurance providing for public liability and property damage and consistent with the requirements of the California Public Utility Commission for helicopter operations. (5) Fifteen (15) copies of a com- plete site development plan, drawn to scale not Tess than 1" equals 30', and an architectural rendering of exterior elevations where applicable, showing the proposed uses of the property, including dimensions and locations of all pro- posed structures, parking spaces, streets, landscaping, open spaces and such ad- ditional information as may be re- quested by the Planning Commission. G. EVIDENCE OF APPROVALS RE- QUIRED. Every Conditional Use Permit which is issued pursuant to this Ordinance shall be conditional pending receipt by the City Manager of evidence of the approvals required by the Federal Avia- tion Administration and the California Department of Aeronautics, and said Conditional Use Permit shall not be deemed unconditionally approved until such evidence is received by the City Manager. In the event either or both the Federal Aviation Administration or California Department of Aeronautics disapproves such applications or fails to approve such applications within ninety days after the issuance of the Conditional Use Permit issued pursuant to this Ordinance, then said Conditional Use Permit shall be deemed revoked by operation of law without the require- ment of notice to the applicant by City. This section shall not be construed as authority to operate a heliport or heli- stop until the Conditional Use Permit granted pursuant to this Ordinance is unconditionally approved. H. APPLICATION FOR CONDITIONAL USE PERMIT —TEMPORARY HELIPORT OR HELISTOP. No person shall operate a helicopter to or from any property within the City other than a heliport or helistop ap- proved by the City (except in cases of (:n emergency situation), provided, however, that the landing and takeoff of helicopters at places other than approved heliports end helistops may be authorized for specifically designated end limited times by obtaining per- mission from the City Council upon recommendation of the Planning Com- mission. Such authorization shall not exceed a thirty -day period. Every application for temporary heliport or helistop permit shall be made in writing to the Planning Corn - mission and shall include the following: (1) Name and address of applicant whether a firm, association or corpora- tion. (2) Copy of application for State approval. (3) Copy of application for Federal Aviation -Administration ap- proval. (4) Written approval of landowner or duly authorized agent or representa- tive. (5) Certificate of insurance as in Section F. (6) Fifteen (15) copies of a com- plete site development plan, drnwn to scale not less than 1" equals 30', end an architectural rendering of exterior elevations where applicable. showing the proposed uses of the property, including dimensions and locations of all proposed structures, parking spaces, streets, landscaping, open spaces and such ad- ditional information es may be re- quested by the Planning Commission. Upon receipt of proper application, the Planning Commission shall co- ordinate and obtain concurrence from appropriate City departments. Tem- porary sites will be evaluated on the basis of recommended Federal Aviation Administration criteria. Waivers may be granted on this criteria when safety of flight or the interests of the general public are not jeopardized. Past per- formance of applicant shall be con- sidered in each instance. An appropriate Conditional Use Permit for temporary operations shall be issued by the City Council upon recommendation of the Planning Commission. I. HELIPORT AND HELISTOP REGU- LATIONS. No Conditional Use Permit for the operation of a permanent heliport or helistop shall be issued until the follow- ing conditions are met: (1) The takeoff and landing area shall be encircled by a fence or barrier not less than three feet in height. (2) The touchdown area shall be located in the center of the takeoff and landing area. (3) Obstruction clearance surfaces shall be as required by Federal Aviation Regulations. (4) Each takeoff and landing area shall have two obstruction clearance surfaces at least 90 degrees apart, one of which is into the prevailing wind. (5) A wind indicating device shall be provided and maintained at all times in a workable condition. (6) The takeoff and landing area shall be provided with adequate lighting if used for night or all weather opera- tions. (7) The helicopter landing facili- ties shall be marked as prescribed by the Federal Aviation Administration. (8) Surfacing of the landing facility shall be such so as to minimize the blowing of any dust, dirt or other objectionable material onto neighboring property. (9) Every heliport or helistop as herein defined shalt be limited in hours of operation to the periods between sunup and sundown daily unless property lighted and specifically ap- proved for night operation. (10) The City Council upon recom- mendation of the Planning Commission may impose such additional conditions as it deems necessary and desirable to protect the public health, safety and welfare. (11) Floating helistops or heliports shall be marked and lighted in accord- ance with Coast Guard regulations. (12) Adequate portable fire extin- guishers shall be provided as determined. by the City Fire Marshal. J. ELEVATED HELIPORT AND HELI- STOP REGULATIONS. No Conditional Use Permit for the operation of an elevated heliport- helistop shalt be issued until the follow- ing additional requirements are met: (1) All applicable provisions of the Uniform Building Code shall be complied with. (2) The roof shall be provided with a 12-inch parapet. Where openings pierce the roof, they shall be provided with a 6-inch curb and fire protected as required for vertical shafts. No openings in the roof shall be permitted within 25 feet of the touchdown boundaries. (3) Exits shall not be located in the landing or takeoff pattern. (4) Landing pads raised above roof Level shall be provided with two (2) separate stairways to the roof below. Each such stairway shall be not less than three feet (3') in width and shall comply with Section 3305 of the Uni- form Building Code. (5) No fueling or repairing of helicopters shall be permitted except of an emergency nature when approved by the City Fire Marshal. (6) Separator or clarifying tanks for collecting spilled fuel shall be installed under approval and super- vision of the Fire Department. (7) No smoking shall be permitted within 50 feet of the landing pad. (8) Two or more wet standpipes shall be provided to reach all parts of roof equipped with 11-inch rubber lined fire hose not over 100 feet in length. Hose shall be equipped with combination fog nozzles. Sufficient pressure shall be provided to afford a good fog pattern. Hose cabinets shall be located near the separate exits. (9) The electrical wiring and equipment in the landing pad area shall comply with requirements of the National Electrical Code for Class 1, Division 2, Hazardous Locations. (10) Mechanical, air handling, and air conditioning equipment or pent- houses must be 25 feet from the landing pad, outside the landing and takeoff pattern and protected by a substantial incombustible barrier on the side toward the landing pad. (11) Two (2) fire extinguishers of at least 80 BC rating each shall be provided. (12) Approved means of communi- cation, such as direct -line telephone or fire alarm box, shall be provided in the immediate vicinity. (13) The requirements of the adopted edition of the Uniform Fire Code will be applicable to all instal- lations in addition to recommended procedures by the National Fire Pro- tection Association, current editions. K. AUTOMATIC S'USPENSION AND REVOCATION OF CONDITIONAL USE PERMIT. (1) A Conditional Use Permit to operate a heliport or helistop granted pursuant to this Ordinance shall be deemed automatically suspended if the approval of the licensee or the facility given by the California Department of Aeronautics or the Federal Aviation Administration is lost or withdrawn for any reason. Such suspension shall remain in effect until the licensee delivers evidence of the approval of the Califor- nia Department of Aeronautics and/or the Federal Aviation Administration to the City Council. (2) When, in the opinion of the City Council, the continued operation of a heliport or helistop is a serious danger to the public health, safety or welfare, the City Council may suspend the Conditional Use Permit to operate such facility without complying with the hearing procedure provided by this Ordinance. The licensee is, however, entitled to the appeals procedure pro- vided by this Ordinance. L. HEARING PROCEDURE. Before denying, suspending or revok- ing a Conditional Use Permit issued pursuant to this Ordinance, the City Council shall call a hearing as provided in this Ordinance, except as provided in Section K of this Ordinance. M. NOTICE OF HEARING. Upon the calling of such a hearing, the City Clerk shall cause a written notice of hearing specifying the time and place of hearing and the reason for such suspension or revocation to be served personally or by mail upon the holder of such Conditional Use Permit. Such service shall be made at least ten (10) days before the hearing. The day of mailing shall be deemed the first of the ten (10) days for determining the ten (10) day period. N. HEARING. At the time and place which is appointed for the hearing, the City Council shall hear the parties and take evidence. O. RULES OF EVIDENCE. The hearing need not be conducted according to the statutory or common law rules of evidence. Any relevant evidence may be admitted and con- sidered by the City Council if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. Objections to evidence shall be noted and a ruling given to the City Council. P. GRO'UNDS FOR SUSPENSION OR REVOCATION. The City Council may suspend or revoke a Conditional Use Permit to operate a heliport or helistop whenever: (1) There is a violation of these sections or subsections and/or of any State or Federal law or regulation per- taining thereto. (2) State permit and/or Federal Aviation Administration approval is lost, suspended or withdrawn for any reason. (3) There has been a material change of circumstances since the granting of the Conditional Use Permit which would have precluded issuance of the Conditional Use Permit if such changed circumstances had been in existence at the time of application. (4) Conditions of the Conditional Use Permit have been violated. Q. DECISION. At the conclusion of the hearing, the City Council shall make an order. Such order can: (1) Dismiss the charges; (2) Suspend or revoke the Condi- tional Use Permit; or, (3) Affix such other conditional and probationary orders as may be proper for the enforcement of this Or- dinance. A copy of the decision shall be furnished to the holder of such Condi- tional Use Permit who shall be informed of his right to appeal pursuant to this Ordinance. R. CONSTITUTIONALITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Or- dinance. The Council hereby declares that it would have adopted the Or- dinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. PASSED AND ADOPTED this 22nd day of July, 1975. S/K I LE MORGAN Mayor ATTEST: S/IONE MINOGUE CAMPBELL City Clerk Passed and adopted by the Council of the City of National City, California, on July 22, 1975 by the following vote, to -wit: Ayes: Councilmen Camacho, Dalia, Reid, Morgan Nays: Councilmen None Absent: Councilmen Pinson Abstain: Councilmen None AUTHENTICATED BY: KILE MORGAN Mayor of the City of National City, California S/IONE MINOGUE CAMPBELL City Clerk of the City of National City, California I HEREBY CERTIFY that the fore- going 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 15, 1975 and on July 22, 1975. I FURTHER CERTIFY THAT said or- dinance 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 ma- jority 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 ORDINANC,€ NO. 1475 of the Cit of Na 'anal (( City, passed and e Co cil of said City on IONE MINOGUE CA BELL City Clerk of the ity of National City, California AND I HEREBY CERTIFY that the same has been Duly published according aVriel Seal) City Clerk of t,( City of National City j alifornio