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Home My WebLink AboutCC ORD 2017-2440 Amend Section 7.10.080 Enclosures Required for Trash Receptacles; Title 18 Outdoor Display of Sale of Merchandise, Sidewalk Cafes, and MuralsORDINANCE NO 2017 — 2440 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING SECTION 7 10 080 PERTAINING TO ENCLOSURES REQUIRED FOR TRASH RECEPTACLES, AND AMENDING TITLE 18 (ZONING) BY AMENDING SECTION 18 30 150, SUBSECTION B (OUTDOOR DISPLAY OR SALE OF MERCHANDISE), SECTION 18 30 200, SUBSECTION B (SIDEWALK CAFES), SECTION 18 47 040 (DEFINITIONS), SECTION 18 47 110 (MURALS), AND SECTION 18 50 010 (GLOSSARY) 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 (NCMC), and WHEREAS, on October 2, 2017, a noticed public hearing was held by the Planning Commission and all persons interested were given the opportunity to appear and be heard before the National City Planning Commission, and WHEREAS, the Planning Commission has regularly and duly certified its report to the City Council of National City and has recommended approval of amending NCMC Section 7 10 080 and Title 18 and WHEREAS, pursuant to a published 10-day notice of the adoption of said ordinance, a public hearing was held by the City Council on October 17, 2017 and at said public hearing, all persons interested were given the opportunity to appear and be heard before the City Council, and 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 read as follows That Section 7 10 080 of the National City Municipal Code is amended to 7 10 080 Enclosures required A All commercial, industrial, institutional, and multi -family residential uses shall be provided masonry trash enclosures which shall comply with the trash enclosure design guidelines adopted from time to time by resolution of the city council It shall be the duty of the owner(s) of the affected property to provide and install the enclosure required by this Chapter 7 10 The planning commission may waive this requirement pursuant to a finding that the use does not generate a need for exterior trash receptacles Properties with trash receptacles having cumulative capacity of ninety gallons or less shall not be subject to this requirement if suitable and sufficient containers, as determined by the planning department are provided in accordance with Section 7 10 040A of this Chapter B Multifamily residential properties containing no more than three units shall not be subject to the requirements of this section if the planning department determines that all of the following conditions exist 1 The property is not of sufficient size, or the location and arrangement of buildings on the property precludes installation of a trash enclosure, 2 All trash receptacles can be screened so that they cannot be viewed from adjacent properties or city streets, 3 Dumpsters are not in use, receptacles are limited to metal or plastic cans C Any building or structure or portion of building or structure used for storage of rubbish and waste shall contain an approved floor drain connected to the public sewer system D Enclosures shall be constructed with a roof Section 3 That Section 18 50 010 of the National City Municipal Code is amended to add the definition of "Mural" and amend the definition of "Variances" as follows 18 50 010 Glossary Mural "Mural" means a painting, graphic design, or pictorial representation applied directly or attached to an exterior mounting surface or exterior wall that is visible from any point of any public right-of-way, including public street, sidewalk, or trail Any representation which identifies a business or building by logo, product, service, trademark, message, or slogan shall be considered a sign Variance For a definition of "variance" and provisions regarding variances, see Chapter 18 12 120 — Variances Section 4 That Subsection 18 30 150 (B) of the National City Municipal Code is amended to read as follows 18 30 150 (B) Outdoor display or sale of merchandise B Permitted Displays in Commercial, Mixed -Use, and Industrial Zones 1 In commercial, mixed -use, and industrial zones, service stations, auto dealers, recreational vehicle sales lots, nurseries, licensed flower shops, grocers, and neighborhood corner stores limited to the sale of fresh produce and flowers, and building material yards may display merchandise outdoors only on the same site approved for the business 2 Other businesses in commercial, mixed -use, and industrial zones shall not display or sell merchandise outdoors except pursuant to a determination by the planning department that the display would be customary with that type of business and consistent with or comparable to the types of uses 3 Other items not covered in this section may be permissible as allowed by an established right-of-way enhancement program Section 5 That Subsection 18 30 200 (B) of the National City Municipal Code is amended to read as follows 18 30 200 (B) Sidewalk cafes B Permit Requirements A sidewalk cafe shall require the approval of a right-of- way permit as specified by an established right-of-way enhancement program Ordinance No 2017-2440 2 Amending NCMC October 17, 2017 Section 7 10 080 and Title 18 Section 6 That Section 18 47 040 of the National City Municipal Code is amended to amend the definition of "Mural or mural -type sign" to read as follows 18 47 040 Definitions "Mural -type sign" means a sign painted on the exterior wall of a building consisting of graphics or images, either alone or in combination with letters Mural -type signs shall be treated as any other sign subject to the signage area requirements Section 7 That Subsection 18 14 110 of the National City Municipal Code is amended to read as follows 18 47 110 Mural -type siqns Mural -type signs shall be treated as any other sign subject to signage area requirements PASSED and ADOPTED this 17th day of Octobe 7 on Morrison, Mayor ATTEST Mi , sty Clerk c ael R Dalla APPRO ED AS TO FORM P Morris -Jones City Attorney Ordinance No 2017-2440 3 Amending NCMC October 17, 2017 Section 7 10 080 and Title 18 Passed and adopted by the Council of the City of National City, California, on October 17, 2017 by the following vote, to -wit Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays None Absent None Abstain None AUTHENTICATED BY By RON MORRISON Mayor of the City of National City, California ale f e City rk o th ity o National City, California Deputy I HEREBY CERTIFY that a Notice of Public Hearing was given pursuant to Government Code Section 65090 and Section 65094 in accordance with Government Code Section 6061 by publication in a newspaper of general circulation within the jurisdiction of National City on October 7, 2017 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 2017-2440 of the City Council of the City of National City, passed and adopted by the Council of said City on October 17, 2017 By City Clerk of the City of National City, California Deputy