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HomeMy WebLinkAboutCC ORD 2019-2464 Amend Sections 18.21.020 and 18.03.080 Family Day Care HomeORDINANCE NO. 2019 — 2464 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTIONS 18.21.020 (ALLOWED USES —RESIDENTIAL ZONE) AND 18.30.080 (FAMILY DAY CARE HOMES) OF TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE 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 21, 2019, 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 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 the adoption of said ordinance, a public hearing was held by the City Council on November 5, 2019, 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 of the City of National City 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. Table 18.21.020 is hereby amended to read as follows: Family day care home, large P P P PP P Section 18.30.080 Section 3. Chapter 18.30.080 is hereby amended to read as follows: 18.30.080 - Family day care homes. A. Purpose. The purpose of this section is to implement the California Health and Safety Code provisions regarding day care homes, both large family and small family. B. Applicability. Family day care homes are permitted as set forth in Division 2 subject to the requirements of this section. C. Operation and Development Standards. 1. The family day care home must be the residence of the day care provider. 2. The day care home must be clearly incidental and secondary to the use of the property for residential purposes. 3. Hours of operation shall be less than twenty-four hours a day. 4. The day care home shall comply with all municipal and state laws and regulations regarding single-family residences and day care homes. 5. Noise must be maintained in compliance with the City's noise regulations as set forth in Title 12. 6. The provider shall comply with all applicable regulations of the City's Fire Department regarding health and safety requirements as they relate to day care homes and shall contain a fire extinguisher and smoke detector device. 7. All state licensing standards must be met and the provider shall keep all state licenses and permits current. 8. The day care home shall be maintained to retain the appearance of a home consistent with the general character of the neighborhood. 9. Large family day care homes shall provide at least one off-street parking space per employee of driving age not living in the home. The residential driveway approach is acceptable for this parking requirement provided that it does not conflict with a required drop-off/pick-up area and does not block the public sidewalk or right-of-way. 10.Indoor and outdoor play areas that satisfy the requirements of the state shall be provided. The outdoor play area shall be screened and enclosed by a natural barrier, wall, or fence a minimum of five feet in height. The outdoor play area shall be designed to reduce noise impacts on adjacent properties. Section 4. This Ordinance shall become effective Thirty (30) days after its passage, and before the expiration of Fifteen (15) days after its passage a summary or the Ordinance in its entirety shall be published, with the names of the members voting for and against the same, once in a local newspaper of general circulation in the City of National City, State of California. PASSED and ADOPTED this 5th day of November, MiEhael R. Da a, City Clerk APPROVED AS TO FORM: Angil P, orris- ones City, orney 2 of 2 Zoning NCMC Chapters 18.21.020 and 18.30.080 November 5, 2019 Alejandra'Sotelo-Solis, Mayor Ordinance No. 2019 - 2464 Passed and adopted by the Council of the City of National City, California, on November 5, 2019 by the following vote, to -wit: Ayes: Councilmembers Quintero, Rios, Sotelo-Solis. Nays: Morrison. Absent: Cano. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California City Clerk of the City of National City, California By: 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 25, 2019. 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. 2019-2464 of the City Council of the City of National City, passed and adopted by the Council of said City on November 5, 2019. By: City Clerk of the City of National City, California Deputy