35 of the Port. Of course, 24th S treet is under National City’s jurisdiction, and its intersection with I-5 provides the main entrance to the Bayfront area, and sets t he tone for the industrial nature of the area.
EXISTING PLANNING AND ZONING
National City’s General Plan in cludes policies for the protecti on of the Paradise Marsh, which provides aesthetic, as well as biologic values. Also of importance are policies which propose the upgrading of landscaping throughou t the City. A specific polic y proposes the construction and landscaping of special entryways to National City , as well as addressing Sea Level Rise . . It is proposed, as a part of this LCP, that this policy be applied to the recreational and commercial areas adjacent to Paradise Marsh when they developwithin the Coastal Zone. Appropriate landscaping should also be incorporated into proposed roadways, along 24th StreetBay Marina DriveMarina Way and adjacent to I-5 in order to provide an improved image and identity for the Paradise Marsh area.
In matters of coastal zone aesthetics, signs have traditionally been an issue. However, National City’s Land Use Code contains a sign ordinance which adequately manages the quality of signage and recognizes the importance of using signage as waypoints to public coastal access. sign issue.
The sign ordinance requires a permit for all signs and outdoor advertising, and requires that they be in conformance with the Uniform Building Code. The ordinance designates permitted signs in each zone, and establishes locational and size criteria. The sign ordinance also identifies signs that are prohibited, which includes bi llboards, and establishes a pr ocedure for the abatement of such non-conforming signs.
Of particular significance to any new development within Nation al City’s Coastal Zone coastal zone is the City’s Site Plan Review Ordinance. The ordinance requir es that prior to the issuance of building permits, accurately dimensioned architectural drawings and plot plans be submitted for the review and approval of the Planning Department. Review cri teria includes, but is not limited to, the following:
desirable site layout and design
utility of open areas
adequacy of landscaping
compliance with general plan
It is important to note that National City’s site plan review f ar exceeds routine design review, in that both the Planning Departme nt and Commission, on appeal, ha ve the authority to deny site plans.
The tourist commercial designation and the Planned Development (PD) overlay zone is applied to the area north of Paradise Marsh and south of 24th StreetBay Marina Drive , designated for commercial and recreational use in the Coastal Plan. The PD ov erlay requires approval by the Planning Commission, or City Council on appeal, for new project design, determined by a Planned Development permit. A Planned Development Permit may be approv ed, subject to consistency
36 with the City’s zoning ordinance, if after public notice and hearing, required findings for approval are determined to be supported by project information or by required conditions of approval.
Another on-going planning effort that will improve the aestheti c qualities of National City’s coastal zone is the Sweetwater River Flood Control Channel. There are several elements of this project which will greatly enhance the visual quality of the area. These elements are the creation of shoreline access and recreational features along the banks of the channel, the restoration of the connection between the Sweetwater River and Paradise Marsh, and the preservation of the marsh itself through acquisition. It should be noted that the enhanc ement of the area’s visual quality is really a secondary benefit resulting from the primary objectives of the area’s natural resources and providing recreational opportunities.
With respect to the appearance of access corridors, attention must be devoted to the Port District’s Master Plan. Tidelands Avenue south of 24th StreetBay Marina Drive is the only existing access route to the proposed recreati onal areas of National City, and it is located almost entirely within the jurisdiction of the Port District.
ANALYSIS
The control of signs, attention to landscaping, enhancement of marsh areas and development of parks will all contribute to improving the visual quality of Na tional City’s shoreline areas and should be actively encouraged. H owever, the single action that would have the most significant beneficial visual impact on the area will be the development of the proposed recreational and commercial areas contained in the Balanced Plan . adjacent to Paradise Marsh and the new road that would provide direct access. In order to create an environment that will be a successful public attraction, it is essential that attention not only be devoted to the ultimate use of the area, but also to its appearance. The mandatory application of the City’s site plan review procedure to a single, large scale development would en sure that the development of th is critical area is of the highest aesthetic quality. The Planned Development Permit requirement would ensure public review for proposed projects. Additional control would be gained by apply ing a Specific Plan requirement, particularly if further land divisions are proposed. It could also address the need for construction of the roadway concurrent with recreational and commercial deve lopment in the area west of Paradise Marsh and north of the S weetwater River Channel. Further, it is recommended that the General Plan policy proposing the construction of landscaped entryways be implemented for 24th StreetBay Marina Drive. as well as incorporated into the design of the proposed new ro ad to provide direct access to the recreation area.
POLICY RECOMMENDATIONS
1. To ensure that the Army Corps of Engineer’s Sweetwater River Flood Control project improves the scenic resources of the area, National City shall support and encourage the project as proposed with the following mitigations.
the restoration of the marsh connections with the Sweetwater River, and
37 the development of shoreline recreational features along the banks of the flood control channel
2. To ensure that the developme nt of the proposed commercial and recreational area adjacent to Paradise Marsh west of the the SD&AE railroadBayshore BikelwyBikeway is of the highest aesthetic quality, the City shall require that the deve lopment of the site shall be in accordance with development standards and requirements to be de termined by a Specific Plan for the area. The Specific Plan shall determine appropria te height limits, landscape elements, signage, and view protection and enhancement, consist ent with the policies of the Land Use Plan. Vistas shall be provided from public roadways and public open space areas to Paradise Marsh and the Sweetwater River Flood Control Channel. Height limits shall be established as determined necessary to provide for foc al points in key activity areas.
3. To ensure that the new road to provide access to the proposed r ecreation area adjacent to Paradise Marsh is of high visual quality, its design shall impl ement and incorporate the General Plan policy proposing the construction of landscaped en tryways. Landscaped entryway improvements for 24th Street would be especially appropriate.
4. A Specific Plan shall be prepared to identify design improvemen ts to enhance the visual identity of the Paradise Marsh area, provide a visual linkage between recreational uses near the Sweetwater River Channel and tourist commercial uses west o f the Marsh and at 24th Street, and appropriate visual separation or buffering of indus trial uses to the west and freeway to the east. The design improvements identified in the SpecificBalanced Plan shall include landscape elements, sign ageing, and architectural elements or criteria, such as height, scale, bulk, color, and building materials. Protection or creation of vistas should also be identified in the Specific Plan.
5. To ensure that new development throughout the Coastal Zone coastal zone is visually appropriate, projects shall be reviewed for conformance to City standards for building aesthetics and materials, height, signing and landscaping. See Appendix IV. Project design shall also be reviewed with regard to other appropriate visual elements identified through the development review process for the development facilities contained in the Balanced Plan.
38 CHAPTER VII
INDUSTRIAL DEVELOPMENT
COASTAL ACT POLICIES
Sections 30232, 30250(b), 30255, and 30260-64 of the Coastal Ac t provide guidelines for industrial facilities , tanker facilities, liquefied natural gas terminals, oil and gas development, refineries, and electrical generating plants. Sections 30255 and 30260 establish locational criteria for coastal-dependent industrial development.
BACKGROUND
The following explanation of coastal-dependent and related indu stries is excerpted from the Unified Port District’s Master P lan, and is included to provide t h e r e a d e r w i t h a b a s i c understanding of marine related industrial uses.
Marine related industry requires sites within close proximity to water because of functional dependencies for access to waterborne products, processes, raw materials or large volumes of water. The primary users of marine related industrial areas are dependent upon large ships, deep water and specialized loading and unloading facilities, typically associated with ship building and repair, processing plants and marine terminal operations. Other activities suitable for marine related industrial areas include railroad switching and spur tracks, cargo handling equipment (such as bulk loaders and container cranes), berthing facilities, warehouses, silos and fueling fa cilities, ship building, repair and conversion yards, steel fabrication and foundry, storage, repair and maintenance of mar ine machinery and construction equipment, kelp and seafood processing, canning an d packaging, and aquaculture. Support industries linked to these primary indust rial activities can be clustered together to capitalize on the benefits of reduced material handling costs, reduced on-site storage requirements, faster deliveries, and a reduction of industrial traffic on public roads.
EXISTING CONDITIONS
National City’s portion of the Coastal Zone coastal zone includes two separate areas that are characterized by industrial development. The most heavily indu strialized area is located west of I-5. It is almost entirely developed with medium industrial uses, and is designated “MM” (Medium Manufacturing) on the Combined G eneral Plan/Zoning Map, with an i s o l a t e d a r e a o f “ M H ” (Heavy Manufacturing). The area is well served by truck access via I-5, rail access, and ship access through Port District lands.
The proximity of the Port lands is significant to this area because of the intense industrial activity which is generated. The National City Marine Terminal is one o f only two terminals within the Port, and is the only one capable of expansion. The north whar f of the terminal is primarily used for the shipment of scrap metal and the receipt of petroleum pr oducts. A high speed 33-ton container crane, having a capacity of 40 long tons and capable of handling 30 containers per hour, runs along the southerly half of the west wharf. Due to continuing increases in terminal operations,
39 needs for additional berthing facilities are being created. Th e proposals contained in the Port’s Master Plan to respond to this need would more than double bert hing space at the National City Marine Terminal, and add a second container crane. The area lo cated to the rear of the Marine Terminal is used almost exclusively for the storage and handling of lumber and wood products.
The other industrial area within National City’s Coastal Zone coastal zone i s t h e S w e e t w a t e r industrial area which is 160 acres in size and located east of I-5. The entire central portion of this area has been reserved for the joint Army Corps/CALTRANS Sweetw ater River flood control channel and Highway 54 project. This area is virtually all developed with light industrial uses and some commercial areas fronting on National City Boulevard.
EXISTING PLANNING AND ZONING
National City’s zoning ordinance contains four zones which impl ement the General Plan designation of industrial. Those zones are:
light manufacturing (ML) zone
medium manufacturing (MM) zone
heavy manufacturing (MH) zone, and
tidelands manufacturing (MT) zone
The purpose of the different zones is to designate compatible g roupings of industrial uses and assign them appropriate zoning categories and locations. As the name of the different zones would imply, the intensity of the industrial use, in terms of both input and output, is the criterion utilized t o s e g r e g a t e t h e v a r i o u s u s e s . L i g h t m a n u f a c t u r i n g a r e a s a r e located near residential and commercial uses, thereby creating a transition to more intense industrial uses. Examples of light manufacturing uses would include cabinet shops, electronics and appliance assembly, and auto body repair. Medium and heavy manufacturing areas would includ e such uses as petroleum recycling, steel fabrication and salvage areas. The other indu strial zone is the tidelands manufacturing (MT) zone, which is coterminous with the jurisdiction of the Unified Port District.
Although the City of National City does not retain land use authority over this area, the zone does identify those uses which woul d be compatible with Section 19 o f the San Diego Unified Port District Act.
National City’s zoning ordinance specifies permitted and condit ional uses for the different industrial zone classif ications, and also lists uses that are p rohibited. In addition, the ordinance outlines a comprehensive set of development standards which est ablish design parameters.
Standards are set forth for lot area, frontage, setbacks, aesth etics and materials, height, floor area ratio, lot coverage, parking, signing, and landscaping.
40 ANALYSIS
As discussed previously, National City’s Coastal Zone coastal zone is characterized by industrial development, much of which is related to the proximity of the P ort’s container terminal and wharfagemarine terminal activities . Due, in large part to the attraction of the marine terminal, virtually all of the industrial zoned land in National City’s B ayfront has been developed. New industrial development and redeve lopment will occur as older re sidential uses are eliminated; however, the assemblage of parcels large enough to accommodate and attract major industrial uses will be difficult. Taken together with the fact that National City has no direct bay frontage, the imposition of a policy giving preference only to marine related industrial use could be unnecessarily burdensome.
In most situations, the free market should adequately handle th e allocation of available industrial land to marine related industrial uses. The reason being that industrial uses that benefit from a coastal oriented location will compete more effectively for suc h parcels. However, a land use policy which would allow the free market to operate with the mi nimum regulatory intervention, and would also achieve consistenc y with the objectives of the C oastal Act for coastal dependent industrial activity would be advisable. Such a policy would only be applicable in situations where different industrial uses are competing for land, and in such i nstances would assign priority to marine related industry.
POLICY RECOMMENDATION
1. In the event that different industrial land uses are competi ng for available industrial land, priority shall be given to marine- related dependent industrial uses.
41 CHAPTER VIII
ENVIRONMENTAL HAZARDS
COASTAL ACT POLICIES
Section 30253(1) of the Coastal Act requires that new development minimize risks in areas of high geologic, flood and fire hazard.
EXISTING CONDITIONS
Potential sources of hazards within National City’s jurisdictio n of the Coastal Zone coastal zone include land settlement hazards, seismic hazards, and sea level rise, and flood hazards.
Settlement hazards in the area result from the presence of soft , sedimentary soil in the low lying areas, including areas of fill over bay/alluvium deposits. Bay mud has an almost liquid consistency and makes a poor foundation material.
No active faults are located within the area. Nearby, local fa ults include the northwest trending Rose Canyon fault, the Sweetwater fault and the La Nacion fault . The Rose Canyon fault is traceable as a fault zone from offshore at La Jolla to a point about 5 miles north of National City’s Coastal Zone coastal zone and is thought to extend through San Diego Bay to the Mexican border.
The Sweetwater fault runs north-south along the eastern edge of National City, about 2 miles east of the coastal zone. The La Nacion fault also runs north-south, about a mile further east.
The Rose Canyon fault would be the most probable local source f or a serious earthquake. The most severe shaking for the San Diego area occurred on May 27, 1982, possibly in the Rose Canyon fault zone, with a magnitude of 5.7 to 6.0. Seismic haz ards to the area may also be expected from movement on the Elsinore fault zone, located abou t 40 miles to the east, with a maximum probable magnitude of 7.3.
The loose soils in the area are subject to potentially severe s haking from a magnitude 5.9 local earthquake. Older one-story buildings in the area would not pr ovide great potential for damage.
Newer buildings constructed in accordance with the Uniform Building Code would be expected to provide for specified safety st andards. Other seismic-related hazards include subsidence, liquefaction and lateral spread ing (movement of soil materials toward an unsupported slope, i.e. along stream channels. Ground rupture is considered a remote but possible earthquake occurrence related to movement on the nearby rose Canyon fault.
Other possible seismic hazards include tsunamis, sea waves gene rated by offshore, submarine earthquakes, and searching, surface waves within adjacent landlocked water bodies.
Flood hazards in the area result from natural watercourses, inc luding Paradise Creek and the Sweetwater River. Within National City’s Coastal Zone coastal zone areas of potential flooding include the Paradise Marsh wetlands in Subareas I and III, and other low lying areas in Subarea III (Sweetwater industrial area). Completion of the U.S. Army corps of Engineers Sweetwater River Flood Control Project will mitigate this flooding hazard.
42 Sea Level Rise
As mMentioned previously, is that the City has no residential development within its Coastal Zone and very few properties are impacted by sea level rise due to t he distances between the bay and development. Additionally, there are very few properties that a re available for either redevelopment ofor n e w d e v e l o p m e n t w i t h i n t h e C i t y ’ s C o a s t a l Z o n e . H o w e v e r , t h e City will review each project to determine if theany proposed development may be impacted forby sea level rise, consistent with the Coastal Act and the Commission’s policies on sea level rise. The below Coastal policies noted below will be taken into consideration as new development occurs with in the City’s Coastal Zone. These policies were produced by the Co mmission in the 2018 “Coastal Commission Sea Level Rise Policy Guidance” and adapted to meet the City’s limited development within its Coastal ZOneZone:
1. 1. Acknowledge and address sea level rise as necessary in the Gene ral Plan and CDP decisions.
2. 2. Use the best available science to determine City relevant and c ontext-specific sea level rise projections for all stages of planning, project design, and CEQA permitting reviews.
3. Recognize scientific uncertainty by using scenario planning and adaptive management techniques where applicable.
3. 4. Use
4. Use a precautionary approach by planning and providing adaptive capacity for the higher end of the range of possible se a level rise when supported by u pdated sea level rise modeling.
1. 5. Design adaptation strategies acc ording to City conditions and e xisting development patterns, in accordance with the Coastal Act and the City’s LCP policies.
5. 6. 6. Avoid significant coastal hazard risks to new development where feasible.
7. 7. Minimize hazard risks to new development over the life of authorized structures.
8. 8. Minimize coastal hazard risks and resource impacts when making redevelopment decisions.
9. 9. Account for the social and economic needs of the people of the City; assure priority for coastal-dependent and coastal-re lated development over other de velopment as shown in the City’s LCP.
10. 10. Ensure that property owners understand and assume the risks, and mitigate the coastal resource impacts, of new commercial development in flood hazardous areas.
43 11. 11. Provide for maximum protection of coastal resources in all coas tal planning and regulatory decisions.
12. 12. Where applicable, maximize natural shoreline values and process es; avoid expansion and minimize the perpetuation of shoreline armoring.
13. 13. Recognize that sea level rise will cause the public trust bound ary to move inland.
Protect public trust lands and resources, including as sea leve l rises. New shoreline protective devices should not result in the loss of public trus t lands such as the Paradise March.
14. 14. Address other potential coastal resource impacts (wetlands, habitat, agriculture, scenic, etc.) from hazard management decisions, consistent with the Coastal Act.
15. 15. Address the cumulative impacts and City context of planning and permitting decisions.
2.16. Require mitigation of unavoidable coastal resource impacts rela ted to permitting and shoreline management decisions.
17. 17. Consider best available informa tion on resource valuation when mitigating coastal resource impacts.
18. 18. Coordinate planning and City decision making with other appropr iate other local, or state and federal agencies.
19. 19. Consider conducting vulnerability assessments when funding is a vailable and adaptation planning.
20. 20. Provide for maximum public participation in the CEQA and Coastal planning and other regulatory processes.
EXISTING PLANNING AND ZONING
The Natural Setting Section of National City’s Updated General Plan contains several policies which address environmental hazards. For example:
Policy A The City will enforce appropriate development regulati ons concerning geologic, soils and seismic hazards, and will monitor regional conditions, such as fault activity, which pertain to National City.
44 Policy B The City will explore necessary measures to protect ar eas in danger from sea level and flood hazards.
Policy C Assessment of potential flood and drainage impacts wil l be required of all major new dev elopments. When significant impacts are identified, the project will provide adequate mitigation either directly or will provide the means for financing necessary public drainage improvements.
Implementation Policy 1 Maintain and improve the City’s partici pation in regional planning for natural hazards, such as earthquakes and floods, and evaluate any new circumstances that may apply to National City.
Implementation Policy 2 Monitor any new information concerning the Sweetwater Fault, currently judged inactive, whi ch runs through the far eastern portions of the City, and the La Nacion Fault, judged potentially active, which is less than a mile east of the City limits.
Implementation Policy 3 Revise and enforce appropriate developm ent regulations as necessary to comply with recognized standards for protection from geologic, soils and seismic hazards, to ensure public safety.
Implementation Policy 4 Ensure th rough development regulations that proposed new development adequately provides for on- and off- site mitigation of potential flood hazards and drainage problems.
National City’s Combined General Plan/Zoning Map applies the Fl oodway designation to land within the City that is vulnerable to flooding and subject to s pecial, protective development regulations. The designated areas conform to the areas of spec ial flood hazard identified by the Federal Insurance Administration.
The Army Corps of Engineers is constructing flood control chann el improvements to alleviate flood hazards from the Sweetwater River. The area of the flood control channel is designated as open space by National City’s Combined General Plan/Zoning Map.
ANALYSIS
Environmental hazards in National City’s Coastal Zone coastal zone are not substantially different from other areas in the City, except for area of fill over bay/ alluvium deposits. General Plan policies and implementing ordinances address environmental haza rds. Building permit applications require site plan review by the Planning Department, which incorporates concerns of other City Departments, i.e., Building, Fire, Police and Engine ering. Uniform Building Code requirements address adequacy of soils for proposed constructio n and adequacy of proposed construction with regard to seismic hazards. Additional polici es are recommended to address geologic hazard in the coastal area.
45 POLICY RECOMMENDATIONS
1. Consistent with the above sdea level rise policies, review of new development for potential flood. For, seismic ,and geologic hazards by the City shall Review of new development for potential flood, seismic a nd geologic hazards shall determine necessary improvements to minimize risk during the site plan review process, or during an y applicable, discretionary review process.
2. Geotechnical reports shall be required for new development i n areas subject to geologic hazard.
3. Waivers of liability shall be required from applicants for c oastal development permits in areas of geologic hazard.
4. Prior to the development of the parcels on both sides of the existing Sweetwater River Channel, south of 35th Street, a sea level flood hazard study shall be conducted, based upon design criteria anticipating th e potential flood hazard remaini ng after the construction of the Sweetwater River Flood Control channel or from a 100-year f lood, whichever is applicable at the time of development. Only development consis tent with the recommendations of the study sha l l b e a p p r o v e d f o r t h e a r e a . Specific development policies shall be provided in the Implementation Plan. The pol icies shall stress provision of adequate setbacks to minimize the amount of fill necessary for flood protection, and no armoring or channelization of the existing river channel for fl ood protection shall be allowed.
46 REFERENCES
California Coastal Act of 1976, Public Resources Code Section 30000-30900.
California Coastal Commission, Local Coastal Program Manual, October, 1979.
California Coastal Commission, Local Coastal Program Regulations, July, 1980.
California Coastal Commission, Statewide Interpretive Guidelines, March, 1977.
California Coastal Commission, National City Issue Identificati on and Work Program, Staff Report, February 19, 1980.
California Coastal Zone Conservation Act of 1972, Public Resources Code Sections 27000-27650.
California Coastal Zone Conservation Commission, California Coastal Plan, December, 1975.
California Coastal Zone Conservation Commission, (San Diego Region), Recreation, 1974.
City of Arcata, Coastal Land Use Element, November, 1979.
City of Carlsbad, Local Coastal Program, September, 1980 (PRC Toups)
City of Carpentaria, Coastal Plan, January, 1980.
City of Chula Vista, Phase II Chula Vista Bayfront Local Coasta l Program, certified March 27, 1984 (Sedway Cooke Associates).
City of Chula Vista, Chula Vista Bayfront Specific Plan, Chula Vista Local Coastal Program Phase III, amended February, 1986.
City of National City, Updated General Plan, adopted February 1, 1983.
City of National City, Combined General Plan/Zoning Map.
City of National City, Community Development Commission, Draft Environmental Impact Report, E.J. Christman Business and Industrial Park, August 1977, (M.S.A., Inc.)
City of National City, Issue Identification and Work Program, July, 1978. (Westec Services)
City of National City, Land Use Code.
City of Oceanside, Land Use Plan, February 19, 1980.
REFERENCES (continued)
47 City of Pacifica, Local Coastal Land Use Plan, September 14, 1979, (Ironside and Associates).
Comprehensive Planning Organization, the San Diego Regional Coastal Access Study, June, 1978, (PBQ&D, Inc.).
San Diego Unified Port District, Port Master Plan, February 19, 1980.
San Diego Unified Port District, Port Master Plan EIR, September, 1979.
San Diego Unified Port District, Recreational Demand, September, 1972.
San Diego Unified Port District, Boating Slip Demand - 1995, August, 1978.
U.S. Army Corps of Engineers, Los Angeles District, Environment a l S t a t e m e n t - S w e e t w a t e r River Flood Control Channel, State Highway Route 54, July, 1977.
U.S. Army Corps of Engineers, Los Angeles District, Environment al Statement - Recreation Facilities and Conservation of Sweetwater - Paradise Marshlands, July, 1977.
U.S. Army Corps of Engineers, L os Angeles District, Sweetwater River - Final Environmental Impact Statement, Sweetwater River Flood Control Channel, State Highway Route 54, Interstate Highway Route 5, Recreation Facilit ies and Conservation of Mars hlands, San Diego County, California, March 1982.
U.S. Army Corps of Engineers, Los Angeles District, Sweetwater River Flood Control Improvement, General Design Memorandum for Sweetwater River Flo od Control Channel, San Diego County, California, Main Report, March 1982.
U.S. Department of Housing and Urban Development, Federal Insur ance Administration, Flood Insurance Study - City of National City, August, 1978.
CALIFORNIA COASTAL COMMISSION SEA LEVEL RISE POLICY GUIDANCE Interpretive Guidelines for Addressing Sea Level Rise in Local Coastal Programs and Coastal Development Permits. Nov. 7, 2018
CALIFORNIA COASTAL COMMISSION ENVIRONMENTAL JUSTICE POLICY. March 8, 2019.
Port of San Diego Environmental Impact Report Balanced Plan. PMPA and DEIR Nov 2021.
EXHIBIT 2
City-owned parcels proposed to be rezoned 2022-26 LCPA
EXHIBIT 3
City/District Boundary Adjustment Map
Area added to
Port District
through PMPA
Balanced Plan
Site Boundary
RESOLUTION NO. 2023 -
RESOLUTION OF THE CI TY COUNCIL OF THE CI TY OF NATIONAL CITY, CALIFORNIA,
APPROVING A LOCAL COASTAL PLAN ( LCP) AMENDMENT TO RE FLECT JURISDICTIONAL BOUNDARY CHANGES AFFECTED BY THE PORT OF SAN D IEGO’S NATIONAL CITY BALANCED PLAN AND EXPANSION OF THE BAYSHORE BIKEWAY.
WHEREAS, Section 30500 of the California Public Resources Code requires each county and city to prepare a Local Coastal Program ("LCP") for the portion of the coastal zone within its jurisdiction; and
WHEREAS, the City of National City adopted its LCP by City Council Resolution No.15,614 on May 10, 1988 and was certified by the California Coastal Commission on April 14, 1988; and
WHEREAS, the City has amended the LCP most recently by the adoption of Resolution No. 97-53, on May 6, 1997 and said LCP amendment was certified by the California Coastal Commission on July 10, 1997; and
WHEREAS, California Public Resources Code, Division 20, California Coastal Act Sections 30512 and 30513 provide that a proposed local coastal program may be submitted to the Coastal Commission if it is submitted pursuant to a resolution adopted by the local government after a public hearing, that certifies that the local coastal program is intended to be carried out in a manner fully in conformity with this division; and
WHEREAS, the LCP Amendment is intended to provide consistency between the Unified Port of San Diego’s National City Balanced Plan and City zoning and land use designations, as well as provide a path for future economic develop and public access to the waterfront; and
WHEREAS, the Planning Commission of the City of National City, California, considered said LCP Amendment at a duly advertised public hearing held on March 6, 2023 and recommended approval of the amendment to the City Council; and
WHEREAS, the City Council accepted the findings of the Balanced Plan Environmental Impact Report and adopted by reference the Mitigation Monitoring and Reporting Program at a duly advertised public hearing on March 21, 2023; and
WHEREAS, at a duly advertised public hearing held on March 21, 2023 the City Council considered the staff report provided for Case File No. 2022-26 LCPA, which is maintained by the City and incorporated herein by reference, along with any other evidence presented at s aid hearing; and
WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and
WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare.
NOW, THEREFORE, THE CITY COUNCIL OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the evidence presented to the City Council supports the following findings:
1. The amendments to the Local Coastal Pro gram Land Use Plan (LCP) attached to the staff report as Exhibit “1 ” and incorporated herein by this reference are in the public interest and consistent with Coastal Act policies because they will incorporate the recently adopted Port of San Diego’s Balanced Plan into the City’s LCP. The Balanced Plan will provide additional commercial opportunities for the City and the San Diego region, generate revenue for the City through transient occupancy tax, sales tax, and property tax, and increase visitor serving and public access uses in the City’s waterfront.
2. The Local Coastal Program, as amended, is intended to be carried out in a manner fully in conformity with the California Coastal Act, Division 20 of the Public Resources Code.
Section 2: Based on the findi ngs set forth above, the City Council hereby approves the LCP Amendment.
Section 3: That this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6.
Section 4: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 21st day of March, 2023.
__________________________
Ron Morrison, Mayor
ATTEST:
_____________________________
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
_____________________________
Barry J. Schultz, City Attorney
AGENDA REPORT
Department: Planning
Prepared by: Martin Reeder, AICP – Planning Manager
Meeting Date: Tuesday, March 21, 2023
Approved by: Brad Raulston, City Manager
SUBJECT:
Ratifying the Sale of Real Property known as APN: 559-118-02 and Declaring that the property is no longer needed for City purposes and that such properties are exempt under the Surplus Land Act.
RECOMMENDATION:
Adopt the Resolution of the City Council of the City of National City, California, Ratifying the Sale of Real Property known as APN: 559-118-02 and declaring that the property is no longer needed for City purposes and that such properties are exempt under the Surplus Land Act.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Background
The property is located at 720 West 23 rd Street, with Interstate 5 to the east of the site and Bay Marina Drive to its South. The parcel of land is 1.27 acres and is currently zoned as Medium Manufacturing (MM) . The property is located in the Coastal Zone and is subject to the requirements of the California Coastal Act as implemented by the City’s Local Coastal Pro gram (“LCP”).
The site was included in the Port of San Diego Balanced Plan environmental review process and will be subject to an amendment to the City’s LCP and General Plan.
The Surplus Lands Act requires public agencies to notify affordable home dev elopers and a number of state agencies before the land is offered for sale to other private parties. Processing public lands through the Surplus Lands Act is highly time consuming and complex. However, if the land falls within a narrow set of exemptions, then the process is more expeditious.
Here, the property meets the criteria for a Surplus Lands Act exemption because it has an environmental deed restriction placed on all future owners of the property. The deed restriction
was a result of a hazardous waste closure investigation in 2009. The site was a former burn dump where industrial and municipal wastes were dumped and then buried in the early part of the 1900’s. The deed restriction was imposed on the property by the County of San Diego and prohibits residential uses on the property.
Analysis:
The Surplus Lands Act (CA Gov. Code Section 54230) was amended in 2019 and became effective on Jan. 1, 2020. In April 2021 the California Housing and Community Development (“HCD”) issued Surplus Lands Guidelines . The intent of the Surplus Lands Act is to increase affordable home opportunities when governmental agencies surplus their lands. The Surplus Lands Act mandates that agencies first offer their properties to affordable home developers or housing agencies p rior to it being offered to other parties. To complete this, the process can exceed nine months or longer. However, the Surplus Lands Act contains a group of narrowly tailored exemptions that allow agencies to sell or lease their properties without having to undergo the complex noticing, negotiating, and reporting requirements of non-exempt properties.
Under the Surplus Lands Act Guidelines Section 103(b)(3)(G) concerns validly restricted land that was subject to a valid legal restriction not imposed by th e City itself that would make housing prohibited.
Here, the subject property qualifies for one of the Surplus Lands Act exemptions because it once served as a municipal waste dump that was close d by the State and the County, as part of that closure proc ess, mandated that a deed restriction be placed on the property prohibiting all residential uses.
In order for the City to avail itself of this exemption it must declare the property to be exempt at a public hearing and adopt a resolution that supports the Council’s findings that the property has been properly exempted.
This staff report and the resolution will then be transmitted to HCD for their review upon Council’s approval. Prior to this action, HCD was provided a copy of the deed restriction in an effort to seek their early guidance. HCD recently provided the City with their concurrence that the property is subject to a valid residential restriction that was imposed by another agency.
Zoning and the Balanced Plan
As noted above, this property was included in the Balanced Plan and was evaluated in the recently certified Environmental Impact Report by the Port of San Diego. There, the City proposed to change the current zoning from “Medium Manufacturing” to “Tourist Commercial.” This rezoning effort will be formalized in a Local Coast Program Amendment which will allow the property to be developed for hotel and similar visitor serving uses.
Summary/Action
The subject property is subject to a valid residential restriction that was imposed by the County of San Diego. In order to allow the property to be developed for hotel and similar visitor serving uses, as encouraged by the City’s Strategic Plan (Economic Development) , t he City Council must
determine that the subject property , APN 559-118-02, is “Exempt Surplus Lands” under the Surplus Lands Act Guidelines Section 103(b)(3)(G) and is no longer needed for City uses and adopt a resolution and its Findings as required by the Surplus Lands Act.
FINANCIAL STATEMENT:
Not Applicable
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Balanced Budget and Economic Development
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.
ORDINANCE:
Not Applicable
EXHIBIT:
Exhibit A - Resolution
RESOLUTION NO. 2023 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA RATIFYING THE SALE OF REAL PROPERTY KNOWN AS APN: 559-118-02
AND DECLARE THE PROPERTY IS NO LONGER NEEDED FOR CITY PURPOSES AND THAT SUCH PROPERTIES ARE EXEMPT UNDER THE SURPLUS LAND ACT.
WHEREAS, the City ow ns certain real property located at 720 West 23 rd Street, with Interstate 5 to the east of the site and Bay Marina Drive to its south known as APN: 559-118-02 which is comprised of 1.27 acres; and
WHEREAS, the subject propert y is no longer needed for City purposes and can better serve the City’s redevelopment efforts along the San Diego Bay; and
WHEREAS, prior to the dispositio n of th is property the Surplus Lands Act requires that the property first be offered to affordable home developers or housing agencies, unless otherwise exempt; and
WHEREAS, this property was formerly used in the early 1900’s as a municipal and industrial waste disposal site commonly known then as “Burn Dumps”; and
WHEREAS, in December 2000 the County Department of Environmental Health (“DEH”) was appointed by the State of California to be the administering agency to mitigate the adverse environmental conditions found on the subject property; and
WHEREAS, as part of the mi tigation process, DEH imposed a deed restriction that runs with the land and binds all future land owners to the conditions of the deed restriction; and
WHEREAS, section 4.01 (a) of the deed restriction strictly prohibits residential uses on the subject property; and
WHEREAS, the Surplus Lands Act and its corresponding Guidelines exempts certain properties where a validly imposed restriction is placed on the pro perty that prohibits residential development and where such restrictions are imposed by another agency having authority of such matters; and
WHEREAS, the subject property qualifies for such exemption due to its environmental conditions and restriction under Surplus Lands Act Exemption Section 103(b)(3)(G); and
NOW, THEREFORE, THE CITY COUNCIL OF NATIONAL CITY, CALIFORNIA, DOES BE RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: The Findings of Fact are as follows:
1. The subject property was used extensively for municipal and industrial waste disposal throughout the early 1900’s where waste was burned and then buried.
2. This waste is largely still buried onsite at shallow depths and would present a danger to the health and safety o f long-term residents if residential housing was allowed to occur on the subject property.
3. By deed restriction Document No. 2009-0261358 the DEH under Section 4.01 (a) prohibits residential uses on the subject property.
4. The County of San Diego DEH is not an agency of the City of National City.
5. The Surplus Lands Act and its Guidelines exempts these properties under Surplus Lands Act Guidelines Section 103(b)(3)(G).
6. The subject property conforms to this exemption because of the facts stated in the above Findings of Fact.
7. The subject property is no longer needed or useful for City purposes.
8. Disposing of the subject property will aid in the City’s efforts to enhance its Bayfront planning and economic goals.
Section 2 : Based on the Findings of Fact set forth above, the City Council hereby declares that the property is no longer needed for City use and that the property is exempt under the Surplus Lands Act Guidelines Section 103(b)(3)(G).
Section 3: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 21st day of March, 2023
________________________
Ron Morrison, Mayor
ATTEST:
__________________________
Shelley Chapel, Interim City Clerk
APPROVED AS TO FORM:
___________________________
Barry J. Schultz, City Attorney
AGENDA REPORT
Department: Planning
Prepared by: Martin Reeder, AICP – Planning Manager
Meeting Date: Tuesday, March 21, 2023
Approved by: Brad Raulston, City Manager
SUBJECT:
Amendment to Title 18 (Zoning) of the National City Municipal Code to create an Interim Use Ordinance related to the use of nonconforming buildings within the City.
RECOMMENDATION:
Introduce the Ordinance
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
The Planning Commission
EXPLANATION:
Overview
In recent years, multiple buildings have lost their nonconforming status as structures due to discontinuance of use and are currently vacant. As nonconforming structures, they may no longer be used as they were designed (e.g., a nonconforming commercial building in a residential zone) without either redevelopment of the property or significant and expensive alteration. As a result, these buildings are languishing, in addition to not creating any income for their owners nor business taxes for the City. Furthermore, some could potentially be in danger of becoming nuisances if the nonuse continues indefinitely.
Proposal
Staff suggests adding a new subsection to NCMC Chapter 18.11 (Nonconforming uses, structures, and parcels) that would permit the use of a nonconforming building for a set amount of time in the interim period of time between the current nonconforming situation and the eventual redevelopment of the property. The maximum suggested timeframe for this Interim Use Permit (IUP) is seven years and would be staff -level approval. No development would be allowed without remedying the nonconforming condition.
The proposed initial expiration of the permit would be five years with the ability to extend for two additional years (one year at a time). The current Minor Use Permit (MUP) fee is recommended as it is considered to be a similar amount of work and such fee would need to be approved by City Council following a public hearing. The current fee for an MUP is $700, which would be the fee for each stage of the permit (initial application and extension request). As with all staff-level decisions, said decision would be appealable to the Planning Commission. The current fee for an appeal is $1,000.
Analysis
NCMC Chapter 18.11 (Nonconforming uses, structures, and parcels) of the Land Use Code (Title 18 of the Municipal Code) outlines the regulations afforded to properties that are considered lawful nonconforming. A lawful nonconforming use, building, or property (“use”) is one that was legally established, but is no longer consistent or conforming with the Municipal Code due to subsequent changes in zoning or allowable uses. Examples include churches in single-family residential zones, residential uses in the industrial zones west of Interstate 5, and commercial buildings in residential zones of the Downtown Specific Plan (to name a few).
Generally-speaking, Chapter 18.11 allows for the continuation of lawful nonconforming uses, so long as they do not lapse for more than 12 months. If more than this period of time passes between lawful uses of the property in question, the property loses its lawful nonconforming status. Use of the property would henceforth revert to the current zoning. This is not always an issue with a lawful nonconforming commercial use in a commercial building, as the building may be leased to a different and conforming commercial use; however, if the building is an industrial building located in a residential zone of the Westside Specific Plan, the building may no longer be used for industrial purposes, as it was initially designed to do.
Since the creation of the Downtown and Westside Specific Plans, there have been issues with buildings and uses becoming nonconforming. The issues have been exacerbated by downturns in the economy and (in particular) the COVID -19 pandemic. Without timely replacement of tenants (within 12 months), some properties have lost their lawful nonconforming status and can no longer function as originally intended.
The intent of the proposed Interim Use Permit (IUP) is to allow use of a property for up to seven years so that property owners may create a revenue stream leading to eventual redevelopment or conversion. For the initial application submittal, the applicant will be required to provide a timeline for redevelopment of the property. Furthermore, any request for an extension would need to be accompanied by documentation that the timeline is being followed and that redevelopment is being pursued.
As previously mentioned, the application would be approved by staff and appealable to the Planning Commission. However, there will undoubtedly be times when more than seven years is needed. In this case. If there is to be consid eration of additional time, it should be through a discretionary process. There is a “Time Extension with Public Hearing” fee of $1,150 on the City’s fee schedule, which would be appropriate given the need to go to the Planning Commission. This option is not necessarily recommended, as it is the intention of this effort to encourage redevelopment rather than prolong a nonconforming situation. That being said, a case-by-case approach could be taken.
The proposed Interim Use Permit Ordinance will make reference to an approved list of uses for certain uses and structures (which will be developed and maintained by staff), with latitude given for staff-level determinations to be made in cases of unique proposed uses. Examples may include:
Co-work office space
Art studios or galleries
Resource centers
“Pop-up” retail
Previous discussions have also included addressing design-specific buildings (e.g., auto repair) or warehouses in Westside residential zones. Uses in these situations could include minor auto repair (e.g., oil change, tire installation, etc.) or interior storage in Westside areas. However, uses would need to be addressed on a case -by-case basis and would factor into approval of the permit.
Ultimately, while this process is intended to allow interim use of the property for the owner to gain income, any interim uses should not be impactful upon neighboring uses.
Planning Commission
The Planning Commission held a public hearing on the proposed Interim Use Ordinance and recommended approval of the Ordinance to the City Council. Three changes were made to the initial draft code section presented by staff as follows:
1. Extend the initial and maximum expiration period from three and five years respectively to five and seven years.
2. Prohibit expansion of premises approved for an Interim Use Permit.
3. Limit the Interim Use Program to 15 years from adoption of this Ordinance, with both the program and any active Interim Use Permits expiring at the end of that time.
The attached draft Ordinance takes these recommendations into account.
Findings
There are two findings required for approval of a Code Amendment, one related to General Plan consistency and one related to compliance with the California Environmental Quality Act (CEQA).
General Plan Conformance
The proposed amendment adding NCMC section 18.11.120 is consistent with the General Plan in that the uses permitted on an interim basis are those typically permitted by right elsewhere in the City and within buildings designed for the use and are temporary as means to accomplishing redevelopment consistent with the General Plan. The Interim Use Permit program would provide a revenue stream both for the property/business owner and for the City, as well as prevent site deterioration, ultimately increasing the likelihood of successful future redevelopment.
CEQA compliance
The ordinance being proposed is categorically exempt from environmental review under CEQA pursuant to Class 1, Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to adoption of the ordinance. As proposed, the ordinance would allow the temporary continuance of existing nonconforming uses and would therefore have no potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment . Additionally, each project would be subject to review under CEQA upon submission of an application.
Summary and next steps
Staff is recommending an addition to the City’s Municipal Code related to interim uses and recommends that the City Council approve the amendment. The Planning Commission voted unanimously (with one member absent) to recommend approval of the amendment to the City Council. Notice of this public hearing was published in the Star News.
FINANCIAL STATEMENT:
Not Applicable
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Balanced Budget and Economic Development
ENVIRONMENTAL REVIEW:
This is a project under CEQA subject to a Categorical Exemption. Existing Facilities CCR 15301.
This project qualifies for a Notice of Exemption. CCR 15374.
PUBLIC NOTIFICATION:
Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.
ORDINANCE:
First Reading
EXHIBIT:
Exhibit A - Ordinance
ORDINANCE NO. 2023 –
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE TO CREATE
AN INTERIM USE ORDINANCE RELATED TO THE USE OF NONCONFORMING BUILDINGS WITHIN THE CITY.
WHEREAS, 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; and
WHEREAS, on November 7, 2022, 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 reg ularly 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 March 21, 2023 , 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 ame ndment to the Munic ipal Code and each of them be and hereby are denied and overruled.
Section 2. Section 18.11 (Nonconforming uses, structures, and parcels ) is hereby amended to read as follows:
18.11.120 – Interim Uses.
A. Purpose. To provide a process for the temporary use of buildings that were previously legal nonconforming and lost their nonconforming status due to lack of use and establish a set amount of time for their use in the interim period between the current nonconforming situation and the eventual redevelopment of the property. The interim use will require administrative review in order to evaluate the compatibility of the proposed use with surrounding uses and the suitability of the use to the site.
B. Applicability. An interim use permit i s required to authorize proposed interim land uses as being allowable in the applicable zoning district subject to the approval of an interim use permit.
C. Application Requirements. An application for an interim use permit shall contain all information re quired by the city manager or his/her designee necessary to determine compliance with the Land Use Code and to accomplish the requirements of this section, including the means to provide notice of the application. It is the responsibility of the applicant to provide evidence in support of the findings required by this section. A nonrefundable fee in such amount as the city council shall from time to time establish by resolution shall be paid to the finance officer at the time of filing. The application shal l include a timeline for eventual redevelopment of the property.
D. Notice of Application.
1. The designated staff person shall mail notice of the application no later than ten days after an application has been deemed complete to:
a. The applicant; and
b. The owners of any real property, as shown on the latest equalized property tax assessment roll of the San Diego County Assessor, located within three hundred feet of the boundary of the property that is the subject of the application.
E. Contents of the Notice of Application.
1. The notice of application shall include at least the following information:
a. A general description of the proposed use, including activities and duration of the use.
b. The location and size of the property that is the subject of the application. c. The name, telephone number, and city address of the designated staff person to contact for additional information.
d. An explanation that an interim use permit is an administrative process whereby the decision to approve, conditional ly approve, or deny the proposed development will be made by the planning division without a public hearing. e. An explanation of the process to appeal the decision.
F. Requests for Notice of Decision. Persons who wish to receive notice of the approval or denial of the application may request this information from the staff person indicated in the notice of application. The request must be received no later than ten business days after the date on which the notice of application is mailed.
G. Findings and Decision. The planning division may approve or deny an application for an interim use permit. The designated staff person shall record the decision and the findings on
which the decision is based. The planning division may approve an interim use permit onl y after first finding all of the following:
1. The proposed use is consistent with the General Plan and any applicable specific plan;
2. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existin g and future land uses in the vicinity;
3. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints; and
4. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located.
H. Issuance of Permit and Duration.
1. Upon the approval of an application, the planning division shall authorize the issuance of an interim use permit, with or without conditions, and one copy of which shall be forwarded to each of the following:
a. The applicant;
b. The building official;
c. Any other department or agency the planning division considers affected by the issuance of the permit; and
d. The division files for permanent retention.
2. Interim use permits shall be in effect for five years, at which time up to two annual extensions may be granted for a total of seven years. Application for an extension shall be subject to a nonrefundable fee, in such amount as established by the city council from time to time by resolution and in effect at the time of filing of the extension. Extensions exceeding two additional years or seven total years may be requested and require a public hearing and approval by the Planning Commission.
3. No expansion of the premises shall be permitted.
I. Conditions of Approval. In approving an interim use permit, the planning division may impose any conditions deemed reasonable and necessary to ensure that the approval would comply with the findings required by this section.
J. This Code section shall be in effect for 15 years from time of adopt ion, at which time the Interim Use Permit program will cease and all issued Interim Use Permits shall be null and void.
Section 3. Severability. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstit utional 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.
Section 4. 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 5. The City Clerk shall certify to the adoption of this Ordinance and shall publish in accordance with the law.
Section 6. Introduced at a Regular Meeting of the City Council of the City of National City, held on this ____ day of ____, 2023.
PASSED and ADOPTED this ___ day of April, 2023.
__________________________
Ron Morrison, Mayor
ATTEST:
_____________________________
Shelley Chapel, MMC, Interim City Clerk
APPROVED AS TO FORM:
_____________________________
Barry J. Schultz
City Attorney
AGENDA REPORT
Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, March 21, 2023
Approved by: Brad Raulston, City Manager
SUBJECT:
Second Reading and Adoption of Ordinance Amending National City Municipal Code Chapter
2.75 adjusting campaign contribution limits as required every odd -numbered year to reflect changes in the Consumer Price Index
RECOMMENDATION:
Adopt Ordinance entitled, “Ordinance of the City Council of the City of National City, California, Amending Various Sections of the National City Municipal Code Chapter 2.75 to adjust the Campaign Contribution Limit for any Election Held on or after January 1, 2024.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
National City Municipal Code Section 2.75.030 (L) requires the City Clerk to adjust the campaign contribution limit every odd-numbered year to reflect any changes in the Consumer Price Index (CPI) for the San Diego Metropolitan Area for the two-year period ending on December 31st of the previous year and requires these adjustments to be rounded to the nearest five-dollars ($5) as a cost of living adjustment.
Chapter 2.75 Section 2.75.030 (L)
The campaign contribution limits and contribution acceptance and solicitation limits specified in subsections A, B, C and D of this section shall be adjusted in February of each odd -numbered year commencing in 2023, for changes in the Consumer Price Index (CPI) over the previous two -year period. The City Clerk shall apply the annual percent change in the CPI for all Urban Consumers (CPI -U) for the San Diego Metropolitan Area to determine the appropriate rate of increase or decrease.
Adjustments made pursuant to this subsection shall be rounded to the nearest five dollars.
Data reported by the Bureau of Labor Statistics regarding annual changes in the Consumer Price Index (CPI) for the San Diego Metropolitan Area was used to determine the adjustments to the contribution limits. Between 2020 and 2022 the CPI for the San Diego Metropolitan area rose from 303.932 to 344.416, an overall increase of 13.3 percent.
The contribution limits were previously set at one -thousand dollars ($1,000) in a calendar year for individuals (subsection A, and B), and two-thousand dollars ($2,000) in a calendar year from political party committees (subsections D, and E), political action committees and independent committees to candidates or controlled committees.
Applying the percen tage of change of the Consumer Price Index and rounding to the nearest five dollars ($5), the City Clerk adjusted the contribution limits to $1,135 for individuals and $2,265 for political action committees and independent committees to candidates or controlled committees.
The City Clerk will be publishing the Notice of Campaign Contribution Limit Adjustment in the Star News, as required on Friday, March 10, 2023. Additionally, the Federal Voting Rights Act, together with an agreement between the U.S. Department of Justice and the San Diego County Registrar of Voters, requires translation of all election-related materials and notices into covered languages predominantly spoken by 10,000 voters of more in the County. Therefore, the City Clerk has caused the notice to be translated into and published in language -specific newspapers as follows:
Spanish El Latino – publishing on March 10, 2023
Chinese Epoch Times on March 10, 2023
Vietnamese Nguoi Viet between March 8 and March 17, 2023 Filipino Filipino Press between March 8 and March 17, 2023
FINANCIAL STATEMENT:
Not Applicable
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Communication and Outreach
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
Agenda Report posted within 72 hours in on the City Website, Bulletin Boards, and Social Media.
Published in the Star News, El Latino, Filipino Press, and Nguoi Viet.
ORDINANCE:
Second Reading and Adoption
EXHIBITS:
Exhibit A – Ordinance
ORDINANCE NO. 2023 –
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY , CALIFORNIA, AMENDING SECTION 2.75.030 OF THE NATIONAL CITY MUNICIPAL CODE CHAPTER 2.75 TO ADJUST THE CAMPAIGN CONTRIBUTION LIMIT FOR ANY ELECTION HELD ON OR AFTER JANUARY 2024
NOW, THEREFORE, the City Council of the City of National City does ordain as follows:
Section 1. FINDINGS. The City Council of the City of National City hereby finds and declares as follows:
WHEREAS, the City Council finds that the National City Municipal Code Chapter 2.75 Section 2.75.030 (L), requires the City Clerk to adjust the campaign contribution limit every odd- numbered year to reflect any changes in the Consumer Price Index for the San Diego Metropolitan area; and
WHEREAS, the two-year period ending December 31 of the previous year is the period of December 31, 2020 through December 31, 2022; and
WHEREAS, data reported by the Bureau of Labor Statistics regarding the annual changes in the Consumer Price Index (CPI) for the San Diego Metropolitan area showed that between 2020 and 2022 the CPI for the San Diego Metropolitan area rose from 303.932 to 344.416, an overall an increase of 13.3 percent; and
WHEREAS, The contribution limits were previously set at one-thousand dollars ($1,000) in a calendar year for individuals (subsection A, and B), and two -thousand dollars ($2,000) in a calendar year from political party committees (subsections D, and E), political action committees and independent committees to cand idates or controlled committees.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY HEREBY ORDAINS AS FOLLOWS:
SECTION 1. That Chapter 2.75 Section 2.75.030 is amended to the National City Municipal Code, to read as follows:
2.75.030 - Campaign contributions—Limitations and exclusions.
A. Contributions by individuals to candidates or controlled committees. No individual shall make any contribution to a candidate and/or the candidate's controlled committee, with respect to any single city election, which will cause the total amount contributed by such individual to the candidate and the candidate's controlled committee, when combined, to exceed one thousand one hundred thirty-five dollars ($1,135) in a calendar year.
B. Acceptance or solicitation by candidates or controlled committees from individuals. No candidate or controlled committee, including the candidate's campaign treasurer, shall solicit or accept any contribution from any individual with respect to any single city election, which will cause the total
amount contributed by such ind ividual to the candidate and the candidate's controlled committee, when combined, to exceed one thousand one hundred thirty-five dollars ($1,135) in a calendar year.
C. Contributions by candidates. The provisions of subsections A and B of this section shall not apply to contributions from a candidate to his or her controlled committee, nor to the expenditure by the candidate of his or her personal funds on behalf of his or her own candidacy.
D. Contributions by political party committees, political act ion committees and independent committees to candidates or controlled committees. No political party committee, political action committee or independent committee, shall make any contribution to a candidate and/or the candidate's controlled committee, wit h respect to any single city election, which will cause the total amount contributed to the candidate and the candidate's controlled committee, when combined, to exceed two thousand two hundred sixty-five dollars ($2,265) in a calendar year.
E. Acceptance or solicitation by candidates or controlled committees from political party committees, political action committees and independent committees. No candidate or controlled committee, including the candidate's campaign treasurer, shall solicit or accept any contribution from any political party committee, political action committee, or independent committee, with respect to any single city election, which will cause the total amount accepted by such political party committee, political action committee, or independent committee to the candidate and the candidate's controlled committee, when combined, to exceed two thousand two hundred sixty-five dollars ($2,265) in a calendar year.
F. Family contributions. Contributions by spouses shall be treated as separate contributions and shall not be aggregated. Contributions by children under eighteen years of age shall be treated as contributions attributed equally to each parent or guardian.
G. Applicability of section to candidate and committees. The provisions of this section are applicable to any contributions made to a candidate or controlled committee whether used by such candidate or controlled committee to finance a current campaign, to pay debts incurred in prior campaigns, or otherwise.
H. Contributions by city contractors. No individual who contracts with the City of National City, either for the rendition of personal services or for the furnishing of any materials, supplies, or equipment to the city, or for the sale or lease of any land or building, to or from the city, shall make any contribution to a city candidate or controlled committee at any time between the commencement of negotiations for and (i) the completion of performance of such contract or (ii) the termination of negotiations for such c ontract, whichever occurs later.
I. Contributions from city employees.
1. It is unlawful for a candidate or a candidate's controlled committee, to solicit, directly or indirectly, a contribution from a city employee with knowledge that the person from wh om the contribution is solicited is a city employee.
2. This subsection shall not prohibit a candidate or a candidate's controlled committee from soliciting contributions from city employees if the solicitation is part of a solicitation made to a significant segment of the public that may include city employees, and the solicitation does not otherwise violate the provisions of this chapter.
3. Nothing in this subsection prohibits a city employee from making a contribution to a candidate, and nothi ng in this subsection prohibits a candidate from accepting a contribution from a city employee.
4. As used in this subsection, the term "city employee" means any employee of the City of National City (city) or any of its organizational subdivisions, agenc ies, offices, boards, or commissions.
J. Aggregation of contributions from different individuals financed, maintained, or controlled by same individual. Contributions from different individuals, but which are financed, maintained, or controlled by the same individual, shall be aggregated for purposes of the contribution limits of subsections A and B of this section. All contributions made by an individual whose contribution activity is financed, maintained, or controlled by an individual, shall be deeme d to be made by the same individual.
K. A contribution drawn from a checking account or credit card account held by an individual doing business as a sole proprietorship is considered a contribution from that individual for purposes of this subsection, and may lawfully be received by a candidate for elected city office. A non -monetary contribution in the form of goods and services donated by an individual doing business as a sole proprietorship is considered a contribution from that individual for purposes of this subsection, and may lawfully be received by a candidate for elective city office.
L. Adjustments for cost of living. The campaign contribution limits and contribution acceptance and solicitation limits specified in subsections A, B, D and E of this section shall be adjusted in February of each odd -numbered year commencing in 2023, for changes in the Consumer Price Index (CPI) over the previous two -year period. The city clerk shall apply the annual percent change in the CPI for all Urban Consumers (CPI-U) for the San Diego Metropolitan Area to determine the appropriate rate of increase or decrease. Adjustments made pursuant to this subsection shall be rounded to the nearest five dollars.
SECTION 4. This Ordinance shall take effect and be enforced thirty (30) days following its adoption by the City Council.
SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and shall publish in accordance with the law.
INTRODUCED at a regular meeting of the City Council of the City of National City, held on this 7th day of March, 2023.
PASSED and ADOPTED this 21st day of March, 2023
_____________________________
Ron Morrison, Mayor
ATTEST:
____________________________
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Barry J. Schultz, City Attorney