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HomeMy WebLinkAboutORD 2024-2526 Amending Section 18.10.060 of 18 (Zoning) Height of New StructuresORDINANCE NO. 2014 — 2526 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING SECTION 18.10.060 OF 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE RELATED TO THE MEASUREMENT OF HEIGHT FOR NEW STRUCTURES. ES. WHEREAS, ►S, the City of National City (the "City"), pursuant to the police powers delegated to it by the California Constitution, has the authority to enact or amend laws which promote the public health, safety, and general welfare of its residents; and WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code ("NCMC"); and WHEREAS, on December 4, 2023, 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 sion 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 February 6, 2024, 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, DECLARE, DETERMINE, AND ORDERS AS FOLLOWS: Section 1: to read as follows: That Title 18, Section 1 .10.0 0 E (Measuring Height) is hereby amended E. Measuring Height. 1. General. Height shall be considered the vertical distance from the highest point of any structure to the ground level directly below, except as otherwise provided in this section. On sloped lots, the height shall be measured from the average elevation of the finished grade around the perimeter of the building to the highest point of the structure. 2. Measuring the Height of Buildings Located Near Retaining Walls. If any portion of a building lies within the setback area of a lot and the base of the retaining wall is at a lower elevation than the building, the height of the building shall be calculated from the base of the retaining wall (at the lower of natural or finished grade) rather than from the base of the building wall. 3 Measuring the Height of Combined Fences and Retaining Walls. When a fence is constructed on top of or within one foot of the face of an above -ground retaining wall, and located in a required yard, the height of the fence shall be measured from the top of the fence to the midpoint height of the retaining wall. Section 2: 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 Section 3: The City Clerk shall certify to the adoption of this Ordinance and shall publish in accordance with the law. INTRODUCED at the Regular Meeting of the City Council of the City of National City, held on this February 6, 2024. PASSED and ADOPTED this 20th day of February 024. ATTEST: (/ helley Ch pel, MMC, City Clerk APPROVED AS TO FORM: Barry J. SCity Attorney Morrison, Mayor 2 of Passed and adopted by the Council of the City of National City, California, on February 20, 2024 by the following vote, to -wit: Ayes: Bush, Molina, Rodriguez, Yamane, Morrison Nays: None. Absent: None. Abstain: None, } AUTHENTICATED BY: By: Ron Morrison Mayor of the City of National City, California _Shelley Chapel City Clerk of the City of National City, California 70E-wi7,‘Lir/(Fai4r 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 February 6, 2024 and on February 20, 2024. 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. 2024-2526 of the City Council of the City of National City, passed and adopted by the Council of said City on February 20, 2024. By: City Clerk ofth City of National City, California ity Cler