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Home My WebLink AboutCC ORD 1974-1400 Adds V. to § 10 of Ord. 962 and 7 to § 10-T-2a, open space zone (Repealed by 1503)oI 1400 ORDINANCE NO. 1400 AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING NATIONAL CITY ZONING ORDINANCE NO. 962, TO ADD OPEN SPACE ZONING REGULATIONS AND APPLYING SAID OPEN SPACE ZONING REGULATIONS TO CERTAIN PROPERTY WITHIN SAID CITY WHEREAS, pursuant to the terms and provisions of the Government Code of California, proceedings were duly initiated for the amendment of the National City Zoning Ordinance No. 962, and WHEREAS, pursuant to due and legal notice, hearings were held by the City Planning Commission of said City and also by the City Council of said City, and persons interested were given an opportunity to appear and be heard before said Planning Commission and said City Council, and WHEREAS, the City 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 has approved the recommendation of the City Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION I. All protests, if any, against said amendment to Ordinance No. 962 and each of them be and hereby are denied and overruled. SECTION 2. A!I lands shown on the Open Space Zoning Map on file in the National City Planning Department and listed below shall be zoned "OS" (Open Space Overlay Zone) in addition to its zone designation: a. Kimball Park b. El Toyon Park c. Las Palmas Park d. Sweetwater Heights Park e. Kimball Elementary School f. Central Elementary School g. National City Junior High School h. Dr. John A. Otis (formerly Highland) 'elementary School i. Olivewood Elementary School j. Sweetwater High School k. El Toyon Elementary School I. Las Palmas Elementary School m. Ira Harbison Elementary School n. Palmer Way Elementary School o. Lincoln Acres Elementary School p. Granger Junior High School q. Interstate Route 5 r. State Route 54 s. Interstate Route 805 t. Sweetwater River Flood Control Channel u. Paradise Salt Water Marsh and Proposed Marina Site v. National City Salt Flats w. Atchison Topeka and Santa Fe Railway right-of-way San Diego and AriLuna Eastern Railway Co. and San Diego Gas and Electric Co. Rights -of -way y. San Diego and .,rizond Eastern Railway Co. Right -of -Way. z. Proposed Relocation of San Diego and Arizona Eastern Railway Co. Right -of -Way. aa. Sweetwater Regional Park The above described lands shall be subject to provisions of the National City Zoning Ordinance No. 962 as amended hereinbelow: SECTION 3. Add to Section 10, Ordinance No. 962, a new paragraph, to - wit: v. OPEN SPACE REGULATIONS ALL ZONES 1. Purpose It is the purpose and intent of this section to provide an open space overlay zone to include public school sites, public and private park lands, play -grounds, salt marsh lands, water areas, uninhabited agricultural or aqua cultural lands, recreational lands, public utility areas, freeway rights -of -way, railroad rights -of - way, flood control channels, and other scenic and open space areas shown on the "Open Space and Conservation Element" of the National City General Plan. It is also the intent of this zone to provide for permanent open space and open space use in the City of National City by limiting development in such areas as designated on the zoning map. 2. Open Space Overlay Zone Whenever any property bears on the zoning map of the City of National City in addition to its zone designation, as described in Section 4 hereof the symbol "OS," the provisions of this paragraph shall apply thereto. 3. Open Space Zone Regulations Areas designated "OS" shall be limited to the following primary uses as established at the date of adoption of this Ordinance and as may be maintained and expanded within the properties now established for such use and secondary uses. a. Permitted Primary Uses 1) Utility easements 2) Railroad rights -of -way 3) Public educational facilities 4) Public and private parks 5) Open space recreation 6) Open space 7) Flood control channels 8) Freeway rights -of -way 9) Playgrounds 10) Salt evaporation ponds and dikes b. Permitted Secondary Uses 1) Open space 2) Open space recreation 3) Landscaped areas 4) Bikeways, paths, trails 5) Hiking trails 6) Equestrian trails 7) Public recreation 8) Picnic areas 9) Marinas 10) Public access 11) Playgrounds 12) Waterways 13) Bay access 14) Similar uses 4. Conditional Use Permit Required The use of property in the "OS" overlay zone is limited to the Primary and Secondary Uses stated above. Uses permitted by the underlying zoning of property, but not listed above as Primary or Secondary Uses, are permitted only as Conditional Uses requiring the approval of Conditional Use Permits. In addition to the required findings for the approval of Conditional Use Permits, it shall also be shown: a. That the approval of such a Conditional Use Permit will not produce any condition conflicting with the "Open Space Element." b. That the proposed use will not be detrimental to any existing or proposed public open space use. c. That the proposed use will not block. or decrease public access to an open space use. 5. Bay, Slough, and Marsh Areas Before the issuance of any permit to fill or dredge any portion of any bay, slough, or salt marsh area, a Conditional Use Permit must first be approved by the City Council. Such filling or dredging will normally not be allowed except when in conjunction with development for open space recreational uses, or when such development will increase or improve public access to the bay or marsh area. SECTION 4. All lands in National City shall be subject to provisions of National City Zoning Ordinance No. 962 as amended hereinbelow: Add to Section 10-T-2a a new sub -item 7: 7) Landscaping of all slopes in excess of 3:1 to prevent soil erosion. PASSED AND ADOPTED this 8th day of January, 1974. KILE MORGAN MAYOR ATTEST: S/ Ione Minogue Campbell CITY CLERK Passed and adopted by the Council of the City of National City, California, on January 8, 1974 by the following vote, to - wit: Ayes: Councilmen Camacho, Pinson, Reid, Waters, Morgan Nays: Councilmen None Absent: Councilmen None Abstain: Councilmen None AUTHENTICATED BY: KILE MORGAN Mayor of the City of National City, California lone Minogue Campbell City Clerk of the City of National City, California 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 December 18, 1973 and on January 8, 1974 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 OR s NANCE NO. 1400 of the City Nati, al ity, passed and adop •l cil of s. , City en Januar IoneM' City Nation NC 6177 1-17-74 gue Carnpbe k of the City of City, California AND I same ha EREBY CERTIFY that the been duly published according (Seal) Ci 7 Jerk of the City of National City, California