HomeMy WebLinkAboutCC ORD 2018-2451 Amend Title 18 Electronic Smoking DevicesORDINANCE NO. 2018 — 2451
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING
SECTIONS 18.24.050 (ALLOWED LAND USES AND PERMIT REQUIREMENTS),
18.30.230 (TOBACCO SPECIALTY SHOPS), AND 18.50 (GLOSSARY)
OF TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL
CODE RELATED TO ELECTRONIC SMOKING DEVICES.
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 15, 2018, 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 Commission; and
WHEREAS, the Planning Commission regularly and duly certified its report to the
City Council and has unanimously recommended approval of amending NCMC 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 November 20, 2018, and at said
public hearing, all persons interested were given the opportunity to appear and be heard before
the City Council.
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 Table 18.24.050 of the National City Municipal Code is amended to
revise the land use description "Tobacco specialty shops" to "Tobacco specialty businesses", as
follows:
Table 18.24.050
Allowed Land Uses
Mixed -Use Zones
Land Use
Permit Required by Zone
Specific Use
Regulations
MXC-1 (a)
MXC-2
MXD-1
MXD-2
Section 18.30.230
Tobacco specialty
businesses
-
-
C
C
Section 3.
to read as follows:
That Section 18.30.230 of the National City Municipal Code is amended
18.30.230 Tobacco specialty businesses. Tobacco specialty
businesses, where permitted pursuant to the Land Use Code, shall comply with
the following standards:
1. A Conditional Use Permit is required.
2. The business shall not be located within one thousand
feet of any school, playground, recreation center or facility, childcare center, or
library in the City of National City.
3. No alcohol or food may be sold or consumed on the
premises.
4. No person under the age of twenty-one years of age may
enter the premises unless that person is accompanied by his or her parent or
legal guardian.
Section 4. That Subsection 18.50.010 of the National City Municipal Code is
amended to add the following definition:
Tobacco specialty business. "Tobacco specialty business" means any
business, the primary use of which is the use and/or sale of tobacco products
or paraphernalia. A business shall be determined a tobacco specialty business
when more than forty percent of its floor area is devoted to the use, display,
and/or sales of tobacco products and/or paraphernalia.
PASSED and ADOPTED this 20th day of No -mbe 018.
on Morrison, Mayor
ATTEST:
Michael R. Dalla, ity Clerk
APPROVED AS TO FORM:
Angil ' 'Io is -Janes
Ci tor —
Ordinance No. 2018 - 2451 Page 2 of 2 Amending NCMC 18.24.050
Regarding Electronic Smoking Devices 18.30.230, and 18.50
Passed and adopted by the Council of the City of National City, California, on
November 20, 2018 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
City Clerk of the Ciof 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 November 9, 2018.
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. 2018-2451 of the City Council of the City of National City, passed
and adopted by the Council of said City on November 20, 2018.
By:
City Clerk of the City of National City, California
Deputy