HomeMy WebLinkAboutCC ORD 2017-2444 Amend Title 18 Mixed Use Corridor and District Zones, Industrial Zones, Sale of Alcholic Beverages and Live EntertainmentORDINANCE NO. 2017 — 2444
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING TITLE 18 OF THE NATIONAL CITY MUNICIPAL CODE BY
AMENDING SECTIONS 18.24.050 (MIXED -USE CORRIDOR AND DISTRICT
ZONES), 18.25.020 (INDUSTRIAL ZONES), 18.30.050 (SALE OF ALCOHOLIC
BEVERAGES AND LIVE ENTERTAINMENT), AND 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 16 and November 20, 2017, noticed public hearings
were 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 regularly and duly certified its report to the
City Council of National City and has recommended approval of amending NCMC Title 18: and
WHEREAS, pursuant to a published 10-day notice of a public hearing for the
adoption of said ordinance was given in accordance with law, whereafter a public hearing was
held by the City Council on December 19, 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 being first heard and considered, are hereby are denied and overruled.
Section 2. That Section 18.24.050 of the National City Municipal Code is amended
to read as follows:
18.24.050 Allowed land uses and permit requirements.
A. Purpose. This section identifies permitted uses within the mixed -use zones.
B. Permitted Land Uses. Land uses permitted in the mixed -use zones shall be as
specified in Table 18.24.050 (Allowed Land Uses - Mixed -Use Zones).
Table 18.24.050
Allowed Land Uses
Mixed -Use Zones
Land Use
Zone
MXC-1
MXC-2
MXD-1
MXD-2
Small
breweries
P
P
P
Brewery
tasting room
P
P
P
P
P
Specific Use Regulations
Section 18.30.050 / City Council
Policy 707
P Permitted
Section 3. That Section 18.25.020 of the National City Municipal Code is amended
to read as follows:
18.25.020 Allowed land uses and permit requirements. Table 18.25.020 identifies
the uses of land allowed in each industrial zone.
Table 18.25.020
Allowed Land Uses
Industrial Zones
Land Use
Zone
Specific Use Regulations
IL
IM
IH
Small breweries
P
P
P
Large Breweries
C
C
C
Brewery tasting room
P
P
P
Section 18.30.050 / City Council Policy 707
P Permitted
C Conditional Use Permit
Section 4. That Section 18.30.050 (D) (3) of the National City Municipal Code is
amended to read as follows:
18.30.050 Sale of alcoholic beverages and live entertainment.
D. Distance Requirements. Establishments where alcoholic beverages are sold for
on or off -site consumption shall be located as follows:
3. Restaurants where the sale of alcoholic beverages for on -site
consumption is accessory or incidental to the principal use shall be a minimum of six hundred
sixty feet from any public school (kindergarten through twelfth grade) that is on property zoned
as Institutional (I) within the boundaries of the city; except that this distance requirement shall
not apply to tasting rooms or restaurants (other than fast-food restaurants with drive -through
service) where at least thirty percent
Section 5. That Section 18.50.010 of the National City Municipal Code is amended
to add the definitions of "Brewery", "Brewery tasting room", "Small brewery", and "Large
brewery" as follows:
18.50.010 Glossary.
Brewery. "Brewery" means an establishment which is licensed by the California Department
of Alcoholic Beverage Control under a Type 1 or Type 23 to manufacture and sell alcoholic
beverages on the premises for on -site or off -site consumption. Minors are allowed on the premises
(per ABC Type 1 and Type 23 license regulations).
Brewery tasting room. "Brewery tasting room" means an establishment which is licensed by
the California Department of Alcoholic Beverage Control under a Type 1 or Type 23 (Beer
Manufacturer or Small Beer Manufacturer respectively) duplicate license to sell malt beverages the
licensee produces for on -site and off -site consumption; including sales of sealed containers
(commonly known as growlers) for off -site consumption. Only beer produced by the master
licensee may be sold and/or consumed at the location. Minors are allowed on the premises (per
ABC Type 1 and Type 23 license regulations).
Ordinance No, 2017-2444 2 Amending NCMC Title 18
December 19, 2017
Small breweries. "Small breweries" are those breweries producing 60,000 barrels a year or
Tess.
Large breweries. "Large breweries" are those breweries producing more than 60,000
barrels a year.
PASSED and ADOPTED this 19Th day of December, 2017.
on Nforrison, Mayor
ATTEST:
/in
4
Mic el R. Dalla, ty Clerk
APPROVED AS TO FORM:
ngil P " o is -Jones
City orney
Ordinance No. 2017-2444 3 Amending NCMC Title 18
December 19, 2017
Passed and adopted by the Council of the City of National City, California, on
December 19, 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
N )
City Jerk of the Cit of 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 December 9, 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. 2017-2444 of the City Council of the City of National City, passed
and adopted by the Council of said City on December 19, 2017.
By:
City Clerk of the City of National City, California
Deputy