HomeMy WebLinkAboutCC ORD 2013-2383 Amend Sections 18.30.360 and 18.41.020 Related to Fast Food Restaurant Locational Requirements and Drive-Through Business Design GuidelinesORDINANCE NO. 2013 — 2383
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING SECTIONS 18.30.360 AND 18.41.020 (C) OF TITLE 18
(LAND USE CODE) OF THE NATIONAL CITY MUNICIPAL CODE
RELATED TO FAST FOOD RESTAURANT LOCATIONAL REQUIREMENTS
AND DRIVE -THROUGH BUSINESS DESIGN GUIDELINES
WHEREAS, pursuant to the terms and provisions of the California
Government Code, proceedings were duly initiated for the amendment of the National City
Municipal Code; and
WHEREAS, pursuant to legal notice, hearings were held by the Planning
Commission and 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 has regularly and duly certified its
report to the City Council of National City and has recommended such amendment.
NOW, THEREFORE, the City Council does ordain as follows;
Section 1. All protests, if any, against said amendment to the Municipal Code and
each of them be and hereby are denied and overruled.
Section 2. That Section 18.30.360 of Title 18 of the Municipal Code be amended
to read as follows:
18.30.360 - Fast food eating places.
A. Additional Notice Required. In addition to notices required pursuant to Section
18.12.050, written notice for a public hearing on a conditional use permit for a fast food
eating place shall be provided to occupants of property within a radius of three hundred feet
of the exterior boundaries of the property where the fast food eating place will be located.
B. Fast food eating places shall be located a minimum of three hundred feet from
any residential zoned properties, except for those located within the MXC 2 or MXD 2 zone.
Section 3. That Section 18.41.020 (C) of Title 18 of the Municipal Code be
amended to read as follows:
18.41.020 - Nonresidential site planning standards. These standards apply to those areas in
the city that will be developed as commercial use without a residential component (mixed -
use) or areas where only a commercial use is permitted. This section considers two basic
types of development: freestanding buildings and multi -tenant strip developments including
mini -malls.
A. (No Change)
B. (No Change)
C. Drive -Through Businesses.
1. Minimum vehicular queuing distance shall be established through the
conditional use permit process.
2. Drive through business aisles shall have a minimum interior turning radius
of 25 feet for any curves. A smaller radius may be established through the conditional use
permit process with the approval of the City Engineer.
3. A drive -through window or lane shall not be placed between the right-of-
way or internal drive and the associated building unless a ten -foot wide landscape strip
extending the entire length of the drive -through queuing is installed and maintained with a
minimum three-foot height continuous hedge and ornamental trees spaced a minimum of
twenty feet on center.
D. (No Change)
E. (No Change)
Section 3. The City Council has complied with the California Environmental
Quality Act by separately adopting a Negative Declaration for this code amendment and
finding there is no substantial evidence that the project will have a significant effect on the
environment.
PASSED AND ADOPTED this 3rd day of Ser, 2013.
on Morrison, Mayor
ATTEST:
Michael R. Dalla, Cit Clerk
PPROVED AS TO FORM:
City Attor
Ordinance No. 2013 — 2383 2 Fast Food Restaurant Locational and
Amending NCMC 18.30.360 and 18.41.020(C) Drive -Through Business Design Guidelines
Passed and adopted by the Council of the City of National City, California, on
September 17, 2013 by the following vote, to -wit:
Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
By:
Mayor of the City of National City, California
1%
City C erk of the City f National City, California
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 September 3, 2013 and on September 17, 2013.
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. 2013-2383 of the City Council of the City of National City, passed
and adopted by the Council of said City on September 17, 2013.
By:
City Clerk of the City of National City, California
Deputy