Loading...
HomeMy WebLinkAboutCC ORD 2021-2490 Amending Municipal Code Related to ADUs and JADUsORDINANCE NO. 2021 — 2490 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING SECTIONS 18.20.020 (ZONE CLASSIFICATIONS), 18.21.040 (DEVELOPMENT STANDARDS RESIDENTIAL ZONES),18.21.054 (SECOND UNITS), 18.45 (OFF-STREET PARKING AND LOADING), AND 18.50 (GLOSSARY), AND ADDITION OF SECTIONS 18.30.384 AND 18.30.390 OF TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE RELATED TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS 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"); C"); and WHEREAS, on August 16, 2021, 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, S, pursuant to a published 10-day notice of the adoption of said ordinance, a Public Hearing was held by the City Council on October 19, 2021, 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, CALIFORNIA, DOES RESOLVE, 'E, DECLARE, DETERMINE, AND ORDER 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 18.20.020 (Allowed Uses Residential Zones) is hereby amended to read as follows: Zone Classification Symbol Zone Classification General Plan Land Use Designation Residential RS-1. Large Lot Residential Low Medium Density Residential Zone Zone Classification General Designation Plan Land Use Classification Symbol RS-2 . Small Lot Residential Low Residential Medium Density RS-31 Medium Residential -Low Density Multi Unit Medium Density Residential RS-41 Single -Family Specific Plan (West side) Residential l M-11 Medium Residential Density Multi -Unit Medium Density Residential RM-21 High Residential Density Multi -Unit High Density Residential RM-31 Very Residential High Density Multi -Unit High Density Residential l Commercial CA Commercial Automotive Commercial Automotive CL.. Limited Commercial l Specific Plan West ide CS Service Commercial ; Service Commercial Mixed -Use MCI -11 Mixed Commercial -Residential Specific Plan (Westside) MCR-21 Mixed (Smart Commercial Growth Area) -Residential , Specific Plan (West side) MXC-11 Minor Mixed Use Corridor Minor Mixed Use MXC-21 Major Mixed Use corridor Major Mixed Use MXD-11 Minor Mixed Use District Minor Mixed Use Zoning Ordinance NCMC Sections 18.20.020, 18.21.040, 18.21.050 18.45,1 . 0, 1 .3 .3 18.30.390 3 2 of 20 Ordinance No. 2021 - 2490 November 2, 2021 Zone Classification Symbol Zone classification General Designation Plan Land Use MXD-21 Major Mixed Use District Major Mixed Use Industrial IL Light Industrial Industrial Ill Medium Industrial Industrial 1H Heavy industrial Industrial Institutional I institutional Institutional Open Space OS Open Space Open Space OSR Open Space Reserve Military fMilitarYMilitary San Diego Unified Port District UPC Port Master Plan I San Diego Unified Port District Specific Plan SP1 Specific Plan Specific Plan 1 DUs and J D s permitted subject to Sections 1.3 .3 and 18.30.390 Section 3. Table 1 . 1. 4 (Development Standards Residential Zones) is hereby amended to read as follows: Zoning Ordinance NCMC Sections 18.20.020, 18.21.040, 18.21. 18.45, 18.50, 18.30.380, 18.30.390 3 of 20 Ordinance No. 2021 - 2490 November 2, 2021 Development e q u i r r t By ZoningDistrict RS-1 RS-2 RS-3 RS-4 RM-1 RM-2 -3 Minimum setbacks, Primary structure Front 20'2 M 15'1 � 15(a) 15' � 1 Side Interior 3/0(b) Side Exterior 10' 10' I ' 10' a ' ! ' 10' Rear 25' 25' 10' 15' ' Minimum setbacks, Accessory structure Front 20' 20' 15' 101 15'(c) 15' 10' 10' Side ' 3' 5' 1 ' —Interior Side Corner ' 5' 10' Rear Detached separation building 6' 5' 5' 5' Number buildings berofdetached 3 full 5,000 ft lot area per 2of I lot 3 full 5,000 ft area per 2of i j lot 3 full 5,000 ft area per 2of 3 Minimum lot area 10,000 SF , ! SF 5,000 ' SF 2,500 SF 5,000 SF , SF 5,000 SF Minimum frontage (Standard) street 60' 50' 501 25' 50' 50' ! 50' Zoning Ordinance NCMC Sections 1 .2 . 2 , 1 .21. , 18.21.050 18.4511 . 0,1 .30.3 18.30.390 0. 4 of 20 Ordinance No. 221 - 20 November 2, 2021 Development Requirement RS-1 By ZoningDistrict [RS-2RS-3 RS-4 RM-1 RM-2 RM-3 Minimum frontage street 3 36 36' 3 3 36' (lots on the bulb of a cul-de-sac) Maximum density One One ; One One One du One One du per du du I du for per du per du per lot per per each 1,900 I 900 580 lot 2,900 2,500 SF of SF of SF of SF of SF of lot lot ; lot lot lot area area area area area Minimur space usable open N/A i N A N/AN A See Section 1. 1.0 0 Maximum lot coverage 75% 75% 75% N/A 75% 75% 75% Maximum height, 35' 35' 3 35' primary structure Maximum stories, 2 : 2 3 3 6 9 primary structure Maximum height, 35' 35' ; 35' 35' 45' 65' 95' accessory structure Shall not exceed the Shall not exceed the number of stories or ; allowed maximum height height of the primary of accessory structures in structure, adjacent zone within 1 0- feet of the adjacent zone. Maximum area (total), 10% 10% 10% None None None None accessory Excluding structures up to 400 of size lot of size lot of size lot I I SF of covered parking and (d) area dedicated to an ADU Zoning Ordinance NCMC Sections 18.20.0207 18.21.040, 18.21.050 1 .4 , 1. , 18.30.380, 1 .3 .390 5 of 20 Ordinance No. 2021 - 2490 November 2, 2021 Notes (a) Stoops and porches may extend into the front yard up to the front property line or in the case of a corner parcel, to the side property line. Garages shall maintain a fifteen - foot front yard setback. (b) A zero foot minimum side yard, for one side yard on the parcel, is permitted provided that there is a six-foot separation to the adjacent residential structure and that there is a minimum three-foot side yard setback on the opposite side. (c) Except for stoops and porches, accessory structures shall not be located in the front yard setback. Porches or stoops should be at least six feet deep. (d) No single accessory structure shall have a footprint greater than that of half of the primary structure excluding area dedicated to an ADU. Section 4. Section 18.21.050 (second units) is hereby repealed. Section 5. Section 18.30.380 is hereby added to read as follows: 18.30.380 - Accessory Dwelling Units. A. Purpose. The purpose of this section is to provide for the construction of Accessory Dwelling Units (ADUs) in areas zoned to allow residential uses pursuant to Government Code Section 65852.2. ADUs help advance the goals and policies of the City's Housing Element by: 1. Providing an affordable type of home to construct without the cost of acquiring new land, dedicated parking, and costly infrastructure; 2. Accommodating new housing units while preserving the character of existing neighborhoods; 3. Allowing efficient use of the city's existing housing stock and infrastructure; 4. Providing housing options and choices that respond to varying income levels, changing household sizes and lifestyle needs; and, 5. Providing a means for residents particularly seniors, single parents, young singles, and younger couples to remain in their homes and neighborhoods, and obtain and preserve income, security, companionship, and assistance. Zoning 6 of 20 Ordinance Ordinance No. 2021 - 2490 NC IC Sections 18.20.020, 18.21.040, 18.21.050 November 2, 2021 18.45,1 . ■18.30.380, 1. .3 B. Consistency with state law. This section is intended to be consistent with Government Code Section 65852.2. If inconsistency is found with this section and state law, state law shall prevail. C. Definitions. For the purposes of this section Accessory Dwelling Unit (ADU) is defined in Section 18.50.010. D. ADUs permitted. I. One ADU is permitted on a lot if all the following are met: a. The lot includes a proposed or existing dwelling. b. The lot is in a zone that allows for a residential use as indicated in Table .2 . 2 . c. The proposed ADU is located where the city manager or his/her designee has not determined that public utilities or services are inadequate or the ADU will adversely impact traffic flow or public safety. d. The ADU meets the standards of subsection F. 2. Two detached ADUs are permitted on a lot with a multi -family residential use if all the following are met: a. The lot includes an existing multi -family residential dwelling. b. Each ADU does not exceed a total floor area of -1,2 o square feet and 16 feet in height. 3. Multiple ADUs are permitted within the portions of existing multi -family residential structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. a. At least one ADU is permitted within an existing multi -family r residential structures and up to 25 percent of the existing number of multi -family dwelling units is allowed. E. Review. The approval of an ADU is subject to a ministerial decision process outlined in Section 18.12.030. For the purposes of this subsection, a staff person Zoning 7 of 20 Ordinance NCMC Sections 18.20.020, 18.21.040, 18.21.050 18.45, 1 . 0, 18.30.380, 18.30.390 Ordinance No. 2021 - 2490 November 2,22 designated by the city manager shall review and act on a building permit application for an ADU within 60 days after a complete application is received. An ADU proposed with a permit application for a new primary dwelling shall not be approved until the primary dwelling receives approval. An applicant may request a variance subject to Section 1 .12.120 in conjunction with an application for an ADU. F. ADU Development Standards. 1. Density. ADUs are consistent with the allowable density for the lot upon which the ADU is located and the ADU is a residential use that is consistent with existing General Plan and zoning designations for the lot. 2. Location. An ADU may be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing dwelling. An ADU may be attached to, located within, or detached from an existing or proposed primary dwelling unit, including garages and habitable or non -habitable accessory structures. 3. Parking. No additional parking is required for an ADU. If an ADU is constructed within existing garage or covered parking, then no replacement parking spaces may be required. 4. Height. The maximum height of an ADU is as follows: a. On a property with a single-family residential primary dwelling, the height of the ADU, attached or detached, shall not exceed the height of the primary dwelling or 16 feet, whichever is greater. For an ADU constructed above a garage or on a lot smaller than 5,000 square feet, the height shall not exceed 25 feet. b. On a property with a multi -family residential structure, the height of a detached ADU shall not exceed 16 feet. 5. Setbacks. a. For all ADUs, the front setback shall be a minimum of 15 feet. Zoning 8 of 20 Ordinance NCMC Sections 18.20.020, 1 .21. 4, 18.21.050 18A5,1 . ,1 .3 y3 18.30.390 3 Ordinance No. 2021 - 2490 November 2, 2021 b. For all ADUs, the exterior and interior side yard setback shall be a minimum f four feet and the rear yard setback shall be a minimum of four feet. c. No setback shall be required for an existing living area or permitted accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. 6. Landscaping. a. One 24-inch box tree shall be planted within the required 15 foot front yard setback for ADUs or in the abutting parkway. Existing trees that are at least 15 feet high and 15 feet in width may be used to satisfy this requirement. 7. Building Design Standards. ADUs shall conform to adopted single-family infill standards in Section 1 A2.g7g.C. Size of unit. a. The minimum size of an ADU is a total floor area of 150 square feet. b. The total floor area of an ADU attached to a primary dwelling unit shall not exceed 50% of the total floor area of the existing primary dwelling or I ,200 square feet, whichever is greater, save and except (d) below. c. The total floor area of a detached ADU shall not exceed I ,200 square feet save and except (d) below. Zoning 9 of 20 Ordinance NCMC Sections 18.20.020, 18.21.040, 18.21.050 1 .■ , 18.50,1 .3 i , 18.30.390 Ordinance No. 2021 - 2490 November 2, 2021 d. An ADU constructed within the footprint of an existing dwelling or a detached structure shall not be subject to a maximum um square footage of total floor area. e. As provided in state law, an attached or detached ADU with a maximum size of 850 square feet or 1, square feet with more than one bedroom shall be permitted in any circumstance subject to a maximum um height of 16 feet, four foot side and rear setbacks, and compliance with all building codes. 9. A minimum lot size shall not be required for an ADU under this ordinance. 10. No passageway shall be required for an ADU under this ordinance. 11. DUs are only required to provide fire sprinklers if they are required for the primary residence. G. Limitations and other requirements -I . An ADU shall not be sold or otherwise conveyed separate from the primary residence. 2. An ADU may serve as a rental unit or be occupied by family members, guests, or in -home health care providers and others at no cost. 3. Neither the ADU nor the primary dwelling unit shall be rented for a tern of less than 31 days. ADUs on multi -family properties shall be subject to this provision, except the restriction shall not apply to existing multi -family units. 4. Owner occupancy of the primary unit or ADU is not required. 5. Trash and recycling. Receptacles are required and shall conform to the requirements of Section 7.1 .g g of the Code of Ordinances. 6. Prohibited units. No structure of a temporary nature shall be used as a residence or ADU, neither temporarily nor permanently. Refer to Section 18.20.030.A. 7. Fees. An ADU with less than 750 square feet is exempt from any impact fees imposed by the city. For ADUs 750 square feet or more, impact fees Zoning 10 of 20 Ordinance NCMC Sections 1 . . 2 , 1 .21. 4 , 18.21.050 18.45v1 . ,1 .3 .3 18.30.390 . Ordinance No. 2021 - 2490 November 2, 2021 shall be charged proportionately in relation to the square footage of the primary dwelling unit. 8. Before a building permit may be issued for an ADU, the record owner shall enter into an agreement with the City in a form that is approved by the City Attorney. The agreement shall include the following provisions: the ADU may not be sold or conveyed separately from the primary dwelling unit; the agreement may be enforced against future purchasers; and the ADU may not be rented for a period of less than 31 days. The City shall submit the agreement to the County Recorder for recordation. The agreement shall run with the land for life of the ADU. H. Nonconforming zoning conditions. The correction of existing nonconforming uses, structures, or parcels pursuant to Chapter 18.11 shall not be required as condition of approval for an ADU. Section 6. Section 1.3 .3 is hereby added to read as follows: 1 .3 . - Junior Accessory Dwelling Units. A. Purpose. The purpose of this section is to provide for the construction of Junior Accessory Dwelling Units (JADUs) in areas zoned to allow residential uses pursuant tGovernment Code Section 65852.22. JADUs help advance the goals and policies of the City's Housing Element by: 1. Providing an affordable type of home to construct without the cost of acquiring new land, dedicated parking, and costly infrastructure; 2. Accommodating new housing units while preserving the character of existing neighborhoods; 3. Allowing efficient use ofthe ity's existing housing stock and infrastructure; 4. Providing housing options and choices that respond to varying income levels, changing household sizes and lifestyle needs; and, 5. Providing a means for residents —particularly seniors, single parents, young singles, and younger couples --to remain in their homes and Zoning 11 of 20 Ordinance NCMC Sections 18.20.020, 18.21.040, 18.21.050 18.45,1 . ,1 .3 .3 18.30.390 3 Ordinance No.2 21 2490 November 2, 2021 neighborhoods, and obtain and preserve income, security, companionship, and assistance. B. Consistency with state law. This section is intended to be consistent with Government Code section 65852.22. If inconsistency is found with this section and state law, state law shall prevail. C. Definitions. For the purposes of this section junior accessory dwelling unit (JADU) is defined in Section 18.50.010. D. DUs permitted. 1. One JADU is permitted on a lot if the following are met: a. The lot includes a proposed or existing single-family dwelling. b. The lot is in a zone that allows for a residential use as indicated in Table 18.20.020. c. The JADU meets the standards of subsection F. d. The proposed JADU is located where the city manager or his/her designee has not determined that public utilities or services are inadequate or the JADU will adversely impact traffic flow or public safety. E. Review. The approval of a JADU is subject to a ministerial decision process outlined in Section 18.12.030. For the purposes of this subsection, a staff person designated by the city manager shall review and act on a building permit application for a JADU within 60 days after a complete application is received. A JADU proposed with a permit application for a new primary dwelling shall not be approved until the primary dwelling receives approval. F. Development standards. I. A JADU may have a total floor area of not less than 150 square feet and not more than 500 square feet, and is permitted within an existing or proposed single-family residential dwelling unit. A JADU constructed within an existing structure may construct an additional 150 square feet for ingress and egress only. Zoning 12 of 20 Ordinance NCMC Sections 18.20.020, 18.21.040, 1 .21.0 0 18A5, 1 . 0, 18.30.380, 18.30.390 Ordinance No. 2021 - 2490 November 2, 2021 . A JADU shall have a separate exterior entry from the primary dwelling unit and shall provide a kitchen or an efficiency kitchen. 3. Parking. No replacement parking spaces are required when a JADU is created within an existing attached garage. G. Limitations and other requirements. 1. The owner mut ocupy the single-family residena in which the JAW Jwill be permitted. The owner may reside in either the remaining portion of the structure or the newly created JADU. Owner -occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. 2. Before a building permit may be issued for a JAM the record owner shall enter into an agreement with the City in a form that is approved by the City Attorney. The agreement shall include the following provisions: the JADU may not be sold or conveyed separately from the primary dwelling unit; the agreement may be enforced against future purchasers: the JADU shall not be rented for a period of less than 31 days; and the record owner shall reside on the premises. The City shall submit the agreement to the County Recorder for recordation. The agreement shall run with the land for life of the JADU. Section 7. Table 1 . .o o (Schedule of Off -Street Parking Requirements uirements by Land Use) is hereby amended to read as follows: Uses and Structures Minimum Parking Spaces Required (Unless Otherwise Specified) Residential Uses Dwelling, single detached (RS-1 zone) 2 covered spaces, plus one additional uncovered space per bedroom greater than four bedrooms or one additional uncovered space for dwellings greater than 2,500 SF, whichever is greater. Zoning 13 of 20 Ordinance NCMC Sections 1.20. , 1 .21.040, 18.21.050 18.45,1 . 0, 18.30.380,1 .30. 0 Ordinance No. 2021 - 2490 November 2, 2021 Uses and Structures Minimum (Unless Otherwise Parking Spaces Specified) Required Dwelling, detached and within Specific RM the single (all zones, Westside Plan other area) except RS One additional four dwellings covered bedrooms uncovered greater space or one than and space additional 2,500 one uncovered per SF, bedroom uncovered whichever space, greater space is greater. plus than one for Dwelling, single attached 1.5 spaces per dwelling unit in a garage or carport Dwelling, multiple 1.3 per guest 1/4 parking public adjacent space spaces 2-bedroom parking streets spaces for to per of each along the 1-bedroom or 1/2 unit may site. more space the over include unit, sides per dwelling 20. and unit parking of Half the conveniently for unit of spaces streets 20 the plus units required that 1.5 on located or dedicated are spaces less, guest plus Fraternity, house, or dormitory sorority 1.5 spaces for each sleeping room Mobile home parks 2 spaces per unit Rectory 1 garage space per bedroom Rooming house r boarding 1 space per guest room Senior housing I space per unit plus 1 guest space for each 10 units RS-4 Plan): 1,200 (Westside Units square greater Specific feet than 2 spaces per unit RS-4 Plan): 1,200 (Westside Units square less feet Specific than 1.7 spaces per unit Commercial and Office Uses Banks institutions and financial 3 spaces per 1,000 square feet floor area Zoning Ordinance NCMC Sections 18.20.020718.21.040, 18.21.050 18.45118.505 18.30.380118.30.390 14 of2 Ordinance No. 2021 - 2490 November 2, 2021 1 Uses and Structures Minimum Parking Spaces Required (Unless Otherwise Specified) 1 Offices, administrative, clerical, and professional Number of required parking spaces varies depending on the amount of floor area as identified in the column to the left. • First 5,000 square feet • I space per 200 square feet floor area • 5,000 to 10,000 square feet • 1 space per 250 square feet floor area • 10,000 to 302000 square feet • 1 space per 300 square feet floor area • 30,000 to 100,000 square feet • I space per 350 square feet floor area • Over 100,000 square feet • 1 space per 400 square feet floor area Offices, medical/dental office or outpatient clinic, veterinary hospitals and clinics I space per 300 square feet floor area Lodging - Hotel, motel, bed and breakfast inn I for each guest bedroom, plus 1 for the manager's unit Restaurant, bar, nightclub, pool hail, bowling alley, or similar establishment 10 spaces per 1,000 square feet floor area Gasoline service station 1 space per 1,000 square feet of lot area; less the footprint of any convenience store area, plus 3.3 spaces per 1,000 square feet of convenience store area Commercial recreation, indoor 2,5 spaces per 1,000 quare feet floor area Retail sales 1 for each 250 square feet of floor area Zoning 15 of 20 Ordinance NCMC Sections 18.20.020, 1 .21. , 18.21.050 18.45,1 . , 18.30.380,1 . . Ordinance No. 2021 - 2490 November 2, 2021 Uses and Structures (Unless Minimum Otherwise Parking Spaces Specified) Required Personal services I space per 300 square feet of floor area Shopping multiple tenants centers with 1 space per 200 square feet floor area Vehicle including repair or service, ear wash 1 space per 500 square feet floor area Vehicle (new sales and or used) rental 1 space 2,500 square per 500 feet square outdoor feet display floor area plus area one per every Theater/auditorium, stadium/sports arena space per 6 seats Mausoleum/crematory 25 spaces per 1,000 square feet of seating area CL Specific zone (Westside Plan): Office 2.9 spaces per I ,000 square feet floor area CL Specific zone (Westside Plan): Retail 3.6 spaces per 1,000 square feet floor area CL Specific zone (Westside Plan): Industrial 2 spaces per 1,000 square feet floor area Mixed -Uses in the MXD and MXC Zones Nonresidential uses Minimum: 2 spaces per 1,000 square feet floor area Residential bedroom, units - studio, and 2 bedroom 1 Minimum: I space per unit Residential bedroom units - 3 or more Minimum: um■ 1.5 spaces per unit MCR Zones in the Westside Specific Plan Zoning Ordinance NCMC Sections 18.20.020, 1 .21, 40, 18,21.050 1 .4 , 18.50, 1 .3 .3 o,1 .3 .3 o 16 of 2 Ordinance No. 2021 - 2490 November 2, 2021 Uses and Structures (Unless Minimum Otherwise Parking Spaces Specified) Required than Residential 1200 units square greater feet 1,5 spaces per unit than Residential 1200 units square less feet 1 space per unit Office uses 2.9 spaces per 1,000 square feet floor area Retail uses 3.6 spaces per 1,000 square feet floor area Industrial uses 2 spaces per 1,000 square feet floor area Industrial ses industry, Industrial and waterfront warehousing, distribution processing wholesaling, manufacturing related and uses, 1 space for each 1,000 square feet of floor area Industrial/building supplies sales and and rentals equipment, 'I space per 800 square feet floor area Research development and I space per 400 square feet of floor area facilities 2 spaces per 1,000 square feet floor area Recycling Animal boarding/kennel I space per 500 square feet floor area Trucking transportation and terminal 2 spaces : every 2 fleet per 1,000 vehicles square feet floor area plus 1 space for Institutional Uses Hospital inpatient institution or other medical 1 space per 3 beds, excluding bassinets Zoning Ordinance NCMC Sections 18.20.020, 18.21.040, 18.21.050 18.45, 1 . 0, 18.30.380, 1 .3 .3 0 17 of 20 Ordinance No. 2021 - 2490 November 2, 2021 Uses and Structures Minimum (Unless Otherwise Parking Spaces Specified) Required Civic, community, cultural fraternal, facilities and the 1 administrative space public per plus every office 1 200 space area square per feet each of 300 floor square space open feet of to Public/religious assembly, or fall/facilities, establishments club, banquet fraternal and similar lodge 1 space for every 35 square feet of seating area Convention center 1 space per 50 square feet floor area Child preschool, school day care center, or nursery 2 spaces per 1,000 square feet floor area Schools, middle elementary and 1.5 spaces 300 square per feet classroom of office area plus area one space for each Schools, high 1 space one space per for each each 150 300 square square feet of feet office classroom area area plus Schools, college/university, business, education trade, adult 1 space space per per 300 40 square square feet feet of of classroom office area area plus 1 Open Space/Agriculture Neighborhood community farms and Minimum every garden additional outdoor acre site display 2 space parking of that garden includes for space. spaces, every site lot a farm 250 plus area one stand feet over of additional 2 shall floor acres. area provide space Each and 1 for Section 8. The following definitions in Chapter 18.50 (Glossary) are hereby amended to read as follows: Zoning Ordinance NCMC Sections 18.20.020, 18.21.040, 18.21.050 18.4 ,18. 0, 18.30.38 ,18.8 ,3 0 18 of 20 Ordinance No. 2021 - 2490 November 2,22 The definition of "Second unit" is hereby repealed. Accessory Dwelling Unit (ADU): "Accessory Dwelling Unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An ADU also includes an efficiency unit and a manufactured home, as defined in Section 18007 of the Health and Safety Code. Refer to Section 18.030.380 for ADU regulations. Junior Accessory Dwelling Unit (JADU): "Junior Accessory Dwelling Unit" means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing structure. Refer to Section 18.030.390 for JADU regulations. Section 9. Severability. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this ordinance and adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. Zoning 19 of 20 Ordinance NCMC Sections 18.20.020, 18.21.040, 18.21.050 18.45, 18. 0, 18.30.380, 1 .30.3 0 Ordinance No. 2021 - 2490 November 2, 2021 Section 10. This Ordinance shall take effect and be in force thirty (30) days from the date of its passage, and before the expiration of fifteen (15) days after its passage, it or a summary of it, shall be published once, with the names of the members of the City Council voting for and against the same in the Star News, a newspaper of general circulation published in the County of San Diego, California. PASSED and ADOPTED this 2nd day of November, 202 iveid b ATTEST: APPROVED E AS TO FORM: L Charles E. Bell Jr., City ' arney Zoning 20 of 20 Ordinance NCMC Sections 18.20.020, 18.21.040, 18.21.00 18.45, 18.50, 18.30.380, 18.30.390 Alejan Sotelo-Solis, Mayor Ordinance No. 2021 - 2490 November 2, 2021 Passed and adopted by the Council of the City of National City, California, on November 2, 2021 by the following vote, to -wit: Ayes: Sotelo-Solis, Bush, Rodriguez Nays: Morrison, Rios Absent: None. Abstain: None. AUTHENTICATED BY: Alejandra Satelo-Solis By. Mayor of the City of National City, California Luz Molina City Clerk of the City of National City, California I eputy Cit Clerk 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 October 19, 2021 and on November 2, 2021. 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. 021-0 of the City Council of the City of National City, passed and adopted by the Council of said City on November 2, 2021. By: City Clerk of the it s, of National City, C ii arnia DOluty+ City S erk- J