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HomeMy WebLinkAboutCC ORD 1973-1370 Amends Ord. 962, zoning (Repealed by 1503)C rr . 1370 (03 ORDINANCE NO. 1370 Space Overlay Zone) in addition to its zone AN ORDINANCE OF THE CITY OF designation: NATIONAL CITY, CALIFORNIA, 1. Kimball Park AMENDING NATIONAL CITY ZONING 2. El Toyon Park ORDINANCE NO. 962 TO ADD OPEN SPACE ZONING REGULATIONS, INCLUDING AN "OPEN SPACE PLAN" AND ADOPTING SAID ORDINANCE AS AN "INTERIM ZONING ORDINANCE" PURSUANT TO SECTION 65858 OF THE CALIFORNIA GOVERNMENT CODE; AND ADOPTING SAID ORDINANCE AS AN URGENCY ORDINANCE; AND APPLYING SAID OPEN SPACE ZONING REGULATIONS TO CERTAIN PROPERTY WITHIN SAID CITY. WHEREAS, this City Council, pursuant to Section 65563 of the Government Code of the State of California, did, on November 28, 1972, adopt an "Interim Open Space Plan", a copy of which is on file in the office of the City Clerk of National City; and, WHEREAS, said" Interim Open Space Plan" announced the City Council's intention to adopt an "Open Space Plan" and "Open Space Ordinance" no later than June 30, 1973; and, WHEREAS, an Open Space and Conservation Element to the National City General Plan has been prepared in accordance with Section 65302 and 65560 through 65570 of the Government Code of California; and, WHEREAS, said element has been submitted to the National City City Council and scheduled for public hearings before the Planning Commission and City BE IT ORDAINED that the above Council to consider adoption of said plan in the near future; and, described lands shall be subject to WHEREAS, Section 65910 of the provisions of the National City Zoning California Government Code requires that Ordinance No. 962 as amended the City prepare and adopt by June 30, hereinbelow: 1973 an Open Space Zoning Ordinance SECTION I. Add to Section 10, consistent with the local open space plan; Ordinance No. 962, a new paragraph, to and, wit: WHEREAS, an opinion given by the V. OPEN SPACE REGULATIONS ALL Attorney General of the State of Cali- ZONES. fornia, in a memorandum dated April 11, 1. Purpose 1973, suggests that cities who have failed It is the purpose and intent of this to comply with said Section 65563 may risk section to provide an open space overlay "moratoriums" on the issuance of zone to include public school sites, public building permits within their jurisdiction; and private park lands: playgrounds, salt and, marsh lands, water areas, uninhabited WHEREAS, it is the finding of this City agricultural or aqua cultural lands, Council that public safety, health and recreational lands, public utility areas, welfare require immediate compliance freeway rights -of -way, railroad rights -of - with the subject "open space plan and way, flood control channels, and other ordinance". This finding is consistent with scenic and open space areas shown on the Section 65858 of said Government Code. "Open Space and Conservation Element" WHEREAS, the Planning Commission of the National City General Plan. It is and City Council intend tb proceed also the intent of this zone to provide for forthwith with public hearings for the permanent open space and open space use adoption of the above -mentioned "Open in the City of National City by limiting Space Plan" as the required "Open Space development in such areas as designated and Conservation Element", and to adopt on the zoning map. such an Element in the near future; and, 2. Open Space Overlay Zone WHEREAS, for the purpose of Whenever any property bears on the providing graphic and pictorial represen- zoning map of the City of National City in tation, guidelines and standards for the addition to its zone designation, as interpretation of subject "Open Space described in Section 4 hereof the symbol Ordinance", this Ordinance concurrently "OS", the provisions of this paragraph adopts an "Open Space Plan" consisting shall apply thereto. of text, maps and diagrams on file in the 3. Open Space Zone Regulations National City Planning Department. Areas designated "OS" shall be limited NOW, THEREFORE, BE I T to the following primary uses as ORDAINED that all lands shown on the established at the date of adoption of this Open Space Zoning Map on file in the ordinance and as may be maintained and National City Planning Department and expanded xaded established within r the h sepropeandrties now listed below shall be zoned "OS" (Open u 3. Las Palmas Park 4. Proposed Sweetwater Heights Park 5. Kimball Elementary School. 6_Central Elementary School 7. National City Junior High School 8. Dr. John A. Otis (formerly Highland) Elementary School. 9.Olivewood Elementary School. 10. Sweetwater High School 11. El Toyon Elementary School. 12. Las Palmas Elementary School. 13. Ira Harbison Elementary School. 14. Palmer Way Elementary School. 15. Lincoln Acres Elementary School. 16. Granger Junior High School. 17. Interstate Route 5. 18. State Route 54 19. interstate Route 805. 20. Sweetwater River Flood Control Channel. 21. Paradise Salt Water Marsh and Proposed Marina Site. 22. National City Salt Flats. 23. Atchison Topeka & Santa Fe Railway Right -of -Way. 24. San Diego and Arizona Eastern Railway Co. and San Diego Gas & Electric. Co. Rights -of -Way. 25. San Diego and Arizona Eastern Railway Co. Right -of -Way. 26. Proposed- Relocation of San Diego and Arizona Eastern Railway Co. Right -of -Way. 27. Sweetwater Regional Park. ses. 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 Uses stated above. Uses Secondary 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. BE IT ORDAINED that all lands in National City shall be b$eet....,,,to provisions of National ity Zonin"8, Ordinance No. 962 s amended hereinbelow: SECTION II. Add to Section 10-T-2a new sub -item 7: 7) Landscaping of all slopes in excess of 3:1 to prevent soil erosion. BE IT ORDAINED that this ordinance is adopted as an interim zoning ordinance pursuant to Section 65858 of the California Government Code and shall expire from the date of adoption unlesxtende in the manner provided in this S tion. BE IT ORDAINED that the Ci y Council finds that a diligent and sincere effort has been made by the City to meet the require- ments of the California Government Coo Section 65563 to adopt a local open spa e plan by June 30, 1973 and that said plan has been prepared in accordance with Sections 65560 through 65570 of the Govern- ment Code and that the City intends to adopt said plan as may be amended during required public hearings in the near future. BE IT FURTHER ORDAINED that the State of California requires that an open space zoning ordinance consistent with the General Plan be adopted by June 30, 1973 and that the City Council finds that public safety, health and welfare requires the adoption of said ordinance as an urgency ordinance in that failure to have an effective open space plan will expose the City to a moratorium on the issuance of building permits and the possibility of other financial sanctions being imposed by the State of California. Therefore, this ordinance is adopted as an urgency ordinance to be effective immediately upon its adoption. PASSED AND ADOPTED this 26th day of June, 1973. KILE MORGAN, Mayor ATTEST: lone Minogue Campbell City Clerk Passed and adopted by the Council of the City of National City, California, on June 26, 1973 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 adopted on June- 26, 1973 under the provisions of Sec. 65858 of the Government Code. I FURTHER CERTIFY THAT the reading of said ordinance in full was dispensed with by the unanimous vote of the members elected to the Council. I URTHER CERTIFY that the above a egoing is a full, true and correct pyof RDINANCE NO. 13 fjllieCity of Natio al City, passed d a ted by the Cou c C_it o un 6, 1973. t t) I eMin e ity Clerk of the fly of ational City, Cali ornia NC 5989 7/5/73 N I HEREBY CERTIFY that the sa�r►e h been duly published according (Seal) Clerk of the ity of N tonal City, California