National City City Council
April 4, 2023

recreational opportunities for the community.
 Construction and operation of a rail connector track and storage track within the District’s jurisdiction to serve the Pasha Group’s maritime operations at the National City Marine Terminal.
 Closure of Tidelands Avenue between Bay Marina Drive and 32nd Street, as well as West 28th Street between Tidelands Avenue and Quay Avenue, within the District’s and City’s jurisdictions, and re-designation of the area to Marine -Related Industrial in the District’s PMP.
 Construction and operation of Segment 5 of the Bayshore Bikeway within the District’s jurisdiction in coordination with the bikeway sections located within the City’s jurisdiction.  PMP Amendment (PMPA) to clarify jurisdictional land use authority, re -designate land uses, and balance commercial and maritime uses.

Phased LCP Update Program
The LCP was originally certified by the Coastal Commission in 1988 and the Implementation Plan was first certified in 1990; both were last amended in 1997. The City is aware that these important documents are out of date and need to be updated. The purpose of the Balanced Plan described in this report was to implement many years of negotiation with the District, GB Capital, and Pasha to identify mutually beneficial land uses to optimize recreational, maritime, and commercial uses within the National City Marina District.

Through agreement with the Coastal Commission, the City will be embarking on a three -part phased and comprehensive LCP update. These three phases are:

1. Balanced Plan LCP Amendment as described herein.

2. Targeted amendments to the LCP to update General Plan and Zoning Code references, strengthen coastal resilience, and lay the groundwork for a comprehensive LCP update.

The scope of work would include LCP Ame ndments to the LCP Land Use Plan (LUP) including the zoning change previously described and updates to the Implementation Plan (IP). The City has received grant funding from the Coastal Commission to undertake these tasks which are already underway.

3. Comprehensive LCP Amendment. This third phase would be a comprehensive update to the LCP, which was last amended in 1997. City staff will be applying for substantial Coastal Commission grant funding to pay for the effort, which is expected to begin in late 2023 to 2024.

Local Coastal Program Consistency
Section 18.16.020 of the Land Use Code states that the purpose of the CT zone is to provide areas catering specifically to the needs of the automobile -oriented trade, such as transient accommodation and services, certain special retail outlets, and commercial amusement enterprises. Within the Coastal Zone, the purpose of the CT zone is to further accommodate tourist commercial, recreational and open space uses, consistent with the description of the LCP’s Tourist Commercial designation and consistent with the policies of the Local Coastal Program, Land Use Plan, and the California Coastal Act. Therefore, the proposed rezoning of the City - owned properties from MM to CT is consistent with the LCP.

Summary
The proposed Balanced Plan project will provide additional commercial opportunities for the City and the San Diego County region and generate revenue for the City through transient occupancy, sales and property tax. Further it will increase visitor-serving uses, public access and recreational activity in the City’s waterfront. The project will produce new full and part time jobs and will help meet the City’s revenue generation needs for the General Fund, which funds essential services throughout the City.

FINANCIAL STATEMENT:

There is no budgetary impact at this time, but as described in the summary above, the project will have a positive impact in future years.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Balanced Budget and Economic Development

ENVIRONMENTAL REVIEW:

This is a project under CEQA and requires full environmental review and the preparation of an environmental impact report. CCR 15362. The Balanced Plan Environmental Impact Report was certified by the San Diego Unified Port District in November 2022.

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A - Local Coastal Program (Land Use Plan) strikethrough/underline Exhibit B - City Owned Parcels to be rezoned
Exhibit C - City/District Boundary Adjustment Map
Exhibit D - Resolution

1 NATIONAL CITY LOCAL COASTAL PROGRAM

LAND USE PLAN
Prepared By
George S. Nolte & Associates, 1981,
And updated by the City of National City, 1988
Adopted by City Council Resolution No. 15,614
May 10, 1988
Amended by:

Resolution No. 91-60, April 2, 1991
Resolution No. 93 -26, March 2, 1993
Resolution No. 96-145, September 10, 1996
Resolution No. 96-177, December 17, 1996
Resolution No. 97-53, May 6, 1997
Certified by the California Coastal Commission
April 14, 1988
July 16, 1991
June 10, 1993
July 10, 1997
This document was prepared with financial assistance from the Office of Coastal Zone Management, National Oceanic and Atmospheric Administration, under the provisions of the Federal Coastal Zone Management Act of 1972, as amended, and from the California Coastal Commission under the provisions of the Coastal Act of 1976.

EXHIBIT A

2 TABLE OF CONTENTS

P A G E
Executive Summary I. i

CHAPTER
I. The Coastal Act 1
II. National City 65
III. Public Access (Public Access Component) 1210
IV. Recreation 2015
V. Marsh Preservation 2720
VI. Visual Resources 3728
VII. Industrial Development 4131
VIII. Environmental Hazards 4434

REFERENCES

Appendix I California Coastal Act - Chapter 3 Policies

Appendix II Biological Resour ces of Paradise Marsh (RECON)

Appendix III Schedule of Parking Requirements

Appendix IV City Standards for Building Aesthetics and Materials, Height, Signing and Landscaping.

3 LIST OF FIGURES

P A G E
1 Land Use Plan xiii
2 Political Jurisdictions 7
3 Subareas – National City Coastal Zone 11
4 Public Access 19
1 Political Jurisdictions Map iv
2 Land Use Map v
3 Balanced Plan Map viii
4 City Owned Parcels Existing and Proposed Zoning Map ix 5 Public Access Map xii
6 Sub-Areas Map 9

REFERENCES

Appendix I California Coastal Act - Chapter 3 Policies

Appendix II Biological Resour ces of Paradise Marsh (RECON)

Appendix III Schedule of Parking Requirements

Appendix IV City Standards for Building Aesthetics and Materials, Height, Signing and Landscaping.

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EXECUTIVE SUMMARY

BACKGROUND

Local control over land use in the coastal zone was significantly modified with the passage of the California Coastal Zone Conservation Act by the voters of Calif ornia in November, 1972.

Proposition 20 set forth a distinct role for the State in coast al land use matters, and created the California Coastal Zone Conservation Commission and six Regiona l Coastal Commissions. The mandated mission of the Coastal Commission was to prepare a statewide comprehensive plan for the "orderly, long-range conservation and the management of the coast", and to regulate development while the plan was being prepared. Preparation of the Coastal Plan commenced in 1973, and it was submitted to the state legislature in December , 1975. Based upon the Coastal Plan and the Commission’s experience of the preceding years, the California legislature passed the California Coastal Act in August, 1976.Public access, resource protection, and protection of maritime related industries in the Ccoastal Zzone waswere significantly enhanced with the passage of the California Coastal Zone Conservation Act by the voters o f California in November,November 1972. Subsequent required cChanges to the Act now includes environmental justice and climate change as impacts to be mitigated. The City of National City and its Coastal Zone is an area where the community has long been impacted by toxic air pollutants that are largely attributed to portmaritime industrial- related operations. The community has had few opportunities to access the bay and yet is the most impacted by airborne pollutants. From 2007 to 2022 the Port of San Diego, the City of National City, the community, and Por t tenants worked collectively to develop a balanced plan that would serve as the basis offor creating enhanced public access and recreational opportunities wh ile protecting maritime - related industries. In Nov ember. 2022 the Port of San Diego certified the Balanced Plan Environmental Imp act Rreport, which and forwarded to the Coastal Commiss ion a Port Master Plan Amendmen t that reflected theseveral land use changes towithin the Port Master Plan. As a consequence ofBecause of that action the City is now amending itsthe LCPLocal Coastal Plan portion of its Local Coastal Program (LCP) (LCPA) to reflect the approval of the Balanced Plan. The Balanced Plan L o c a l C o a s t a l P l a n Amendment (LCPA) is the first phase of a multi-phased LCPA process which will update the entire LCP to reflect changes in the Coastal Act, update backgr ound information , and make necessary corrections throughout the document. The City intends to provide the California Coastal Commission ( Commission) with a comprehensive LCP update , now estimated for fiscal year 2023/2024.

The City’s 2022 LCPA is in keeping with tThe declaration of the state legislature in adopting the Coastal Act of 1976 was that the coastal zoneCoastal Zone is a distinct and valuable resource of vital and enduring interest to all people. The basic objectives of the Coastal Act are to achieve the following:

"Protect, maintain, and where feasible, enhance and restore the overall quality of the Coastal Zonecoastal zone environment and its natural and man-made resources.

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"Assure orderly, balanced util ization and conservation of Coastal Zone coastal zone resources taking into account the social and economic needs of the people of the state.

"Maximize public access to and along the coast and maximize pub lic recreational opportunities in the Coastal Zone coastal zone consistent with sound resource conservation principles and constitutionally protected rights of private property owners.

" A s s u r e p r i o r i t y f o r c o a s t a l - d e pendent and coastal related deve lopment over other development on the coast. (Amended by Cal. Stats. 1979, Ch. 1090)

"Encourage state and local initiatives and cooperation in preparing procedures to implement coordinated planning and developm ent of mutually beneficial use s, including educational uses, in the Coastal Zonecoastal zone.”

In 2015 the Commission adopted a Sea Level Rise policy that con siders new development applications that may be adversely impacted from the effects of climate change. AndU unlike many coastal cities, National City does not have many residential developmentproperties within its Coastal Zone jurisdiction. Most of the area is zoned Medium Manufacturing, which does not permit new residential construction Accordingly, methods and mitigation measures that would typically include retreat policies, development exclusion zones, and minimizing the armoring of the coastline have little application to the City. However, areas that are near the Sweetwater Marsh area, that have not been previously developed, may include the requirementbe required to increase the elevations of any new building , or other appropriate mitigation measures descri bed in the Balanced Plan Final Environmental Impact Report of 2022.

In 2019 the Coastal Commission adopted an Environmental Justice Policy that recognizes that marginalized populations have been subjected to discriminatory land use practices that have precluded access to affordable recreational assets along the co astline. These communities have also been disproportionately impacted by pollution. The City of National City is an environmental justice community with its resid ents long subjected to toxic ai r pollutants from Port District operations and a lack of access to lower cost recreational faci lities along the bay. In large part, the Balanced Plan project is directed at expanded access to the bay, providing affordable recreational amenities, and creating well-paying jobs. While there is much work to be done , the Balanced Plan provides the framework addressing the goals of the Commission’s Environmental Justice Policy.

The implementation of the Coastal Act is predicated upon the in volvement of local government.

The Act declares that "to achieve maximum responsiveness to local conditions, accountability and public accessibility, it is necessary to rely heavily on local government and local land use planning procedures and enforcement." To this end, the Act directs each local government within the coastal zone to prepare a Local Coastal Program (LCP). An LCP consists of a local government’s land use plans, zoning ordinances, zoning district maps, and impleme nting actions which implement the provisions and policies of the Coastal Act at the local level.

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During preparation of a Local Coastal program, local government s should coordinate planning with affected local, regional, sta te, and federal agencies, and provide the maximum opportunity for public participation. Under the Coastal Act, the responsibility for ensuring meaningful public participation rests with both the Coastal Commission and local government; however, the local government retains the primary responsibility for involving the public in the actual planning process.

After the LCP has been reviewe d and approved by the local gover nment, it is then submitted to the State Coastal Commission for review. In certifying the lan d use plan, the Commission must find that the plan conforms to Chapter 3 of the Coastal Act, and contains the required public access component. The zoning and implementing ordinances are then rev iewed to determine conformance with the approved land use plan. Once the land use plan and implementing ordinances have been certified, the review authority for new de velopment within the Coastal Zonecoastal zone will revert from the Coastal Commission to local government. The local government in issuing coastal development permits must then mak e the finding that the development is in conformity with the approved LCP.

The Ccoastal Zzone of National City includes all the area west of I-5, and a small area east of I-5 south of 30th Street. However, the Coastal Zone coastal zone is controlled by three separate governmental agencies: the San Diego Unified Port District, the United States Navy, and the City of National City. The Port District has jurisdiction over all of the state tidelands bayward of the adjudicated mean high tide line, approximately 250 acres of lan d area and any property acquired by the Port and approved by the State Lands Commission (. . See Figure 1). The Port District's jurisdiction also includes an isolated parcel of tidelands whic h is located in the salt flats south of Chula Vista that is connected to National City by a 300-foot wide corridor through San Diego Bay.

The Port District submitted its Master Plan to the Coastal Comm ission, and it was conditionally approved in October, 1980. The plan and has been amended several times since then. Under the jurisdiction of the United States Navy is approximately 300 acr es and 8,300 lineal feet of bay frontage. Federal lands are under the jurisdiction of the Fede ral Coastal Zone Management Act, which states that military lands shall comply with coastal plan ning to the extent that national security is not imperiled. The Coastal Zone coastal zone area over which National City retains jurisdiction totals approximately 575 acres, and is bounded by the U.S. Navy lands to the north, and the Chula Vista Bayfront to the south.

The purpose of the Land Use Plan of National City's Local Coastal Program (LCP) contains is to provide technical background information, policy recommendations, and a land use plan map (.See Figure 2). The substantive areas of discussion, as directed by the work p rogram approved by the Coastal Commission, are public access, recreation, marsh preservation, visual resources, industrial development, and environmental hazards. The City’s LCP is now revised to include a new section of a plan prepared in conjunction with the San Diego Unified Port District (District) referred herein as the Balanced Plan. The Balanced Plan essentially replaces th e City’s Harbor District Area Specific Area Plan (HDSAP) due to the fact that the HDSAP has been implemented and no longer relevant given the changes in jurisdictional boundaries between the District and the City. The Balanced Plan preserves all applicable HDSAP public access and, resource protection policies.

Each of the above issue areas is discussed and evaluated as to existing conditions and existing planning and zoning regulations. This discussion is then followed by a more in-depth analysis of

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planning issues and their applicability to Coastal Act policies and Coastal Commission guidelines.

Each discussion category is concluded with appropriate policy recommendations.

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A listing of those recommendations is presented in the “POLICY RECOMMENDATION” section on page xbelow:

THE BALANCED PLAN

OVERVIEW
The City of National City (City), in conjunction with the San Diego Unified Port District (District), GB Capital Holdings (GB Capital), District tenants, and Pasha Automotive Services (Pasha) have been working together to propose a mixed- use recreational and maritim e industrial project that includes both landside and waterside development components on approximately 58 landside acres and 19 waterside acres in the City’s waterfront area. This proj ect is collectively referred to as the “Balanced Plan” and is intended to be mutually beneficial to th e region. It is geographically located within the jurisdictional boundaries of the City and the District.

Specifically, the Balanced Plan includes the following main com ponents within the City’s jurisdiction, which are addressed in detail later in this section:
 Amendments to the City’s LCP, General Plan, and Land Use Code ( , LUC), that would include changes to the City’s and District ’s jurisdictional boundaries due to District land purchases; changes to subarea boundaries; and changes to land use, specific plan, and zone designations
 Removal of approximately 12.4 acres within the Balanced Plan area, located mostly on the GB Capital site east of the mean high tide line and owned in fe e by the District, from the City’s General Plan, LCP, and LUC to reflect changes in land use and jurisdictional authority.
 Construction and operation of a new segment of the Bayshore Bikeway  Supplant the Harbor District Sp ecific Area Plan (HDSAP) and inc orporate applicable HDSAP components into the City’s Amended LCP.

The Balanced Plan also includes a number of development compone nts located within the jurisdiction of the District which are integral to the overall development of the waterfront and marina area. However, as a func tion of State law under the Unif ied Port District Act (“Act”) the City has no land use authority over lands acquired by the Distr ict and as a result are no longer addressed in the City’s LCP. Per the requirements of the Act an d the California Coastal Act, all District development components ar e addressed in the District’s Port Master Plan Amendment.

Changes within the District’s jurisdiction include the following and are presented for informational purposes:
 Changes to land and water use designations in the District’s Port Master Plan (PMP).  Construction and operation of a r ecreational vehicle (RV) park, modular cabins, dry boat storage, an expanded marina, and up to four hotels, primarily w ithin the District’s jurisdiction within lands leased to GB Capital.
 The expansion of Pepper Park from 5.2 a c r e s t o 7.7 acres to increase park space and

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recreational opportunities for the community.
 Construction and operation of a rail connector track and storage track within the District’s jurisdiction to serve the Pasha Group’s maritime operations at the National City Marine Terminal.
 Closure of Tidelands Avenue between Bay Marina Drive and 32nd Street, as well as West 28th Street between Tidelands Avenue and Quay Avenue, within the District’s and City’s jurisdictions, and re-designation of the area to Marine-Related Industrial in the Dis trict’s PMP.
 Construction and operation of Seg ment 5 of the Bayshore Bikeway within the District’s jurisdiction in coordination with the bikeway sections located in the City’s jurisdiction.  Construction and operation of hot el, restaurant, retail, and/or a combination of tourist/visitor serving commercial development north of Bay Marina Drive  PMP Amendment (PMPA) to clarify jurisdictional land use authori ty, re-designate land uses, and balance commercial and maritime uses.

HARBOR DISTRICT SPECIFIC AREA PLAN (HDSAP)

The HDSAP was adopted by the City Council on July 28, 1998 and was certified by California Coastal Commission November 5, 1998. At that time, the HDSAP was intended to be a resource- based, environmental implementation plan to establish site-specific conservation and development standards in the OSR (Open Space Reserve), CT (Tourist Commerci al), MM (Medium IndustrialManufacturing), and OS (Open Space) districts. No land use changes or specif ic development were included, however. Since 1998, the HDSAP has b een implemented and no longer relevant given the changes in jurisdictional boundaries between the District and the City and, hence, the HDSAP will be replaced by the Balance Plan in the following manner:
 The Balanced Plan includes the removal of approximately 12.4 acres located mostly on the GB Capital site east of the mean high tide line and owned in fe e by the District (Subareas B-1 and B-2). Because this land is no longer in the City’s jurisdiction, it is eliminated from the City’s General Plan, LCP, and LUC to reflect changes jurisdictional authority.  HDSAP Subarea A, approximately 8.3 acres, , has already been developed with the Marina Best Weste rn Gateway project, consistent with the HDSAP.  HDSAP Subarea B-3 is being utilized as a buffer to the Paradise Marsh, public access, the Bayshore Bikeway, and for utility corridor, including large SDG&E transmission towers.

Additionally, the U.S. Fish and Wildlife Service has an easement providing a ccess to the Paradise Marsh and the D Street Fill, located just south of the site. , ;  HDSAP Subarea C proposed the Harrison Avenue Public Access Corridor which has been completed.
 HDSAP Subarea D, a 3,500-foot-long segment of filled land , which lies between the I-5 freeway and the Paradise Marsh, has been restored with native landscaping, consistent with the HDSAP.
 The Paradise Marsh unit of the Sweetwater Marsh National Wildli fe Refuge is federally owned, operated, and managed and is no longer under National City Coastal Development authority.

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 In 2008, Pier 32 Marina, entirely located within the District’s jurisdiction, opened to the public and provided increased public access and public views to the water, consistent with the HDSAP.

BALANCED PLAN-CITY PROGRAM
Land Use Changes
The City Program is an integral component of the overall Balanc ed Plan. Development on the Balanced Plan City Program would not be subject to the Public Trust, bu t it would be within the California Coastal Zone and the City's LCP area. As previously discussed, the City Program would require amendments to the City's General Plan, LUC , and LCP and would replace the HDSAP.

The general components of the Balanced Plan are shown in Figure 3. Balanced Plan components that are within the jurisdiction of the Port District are show for illustrative purposes only.

The City Program proposes a m e n dm e n t s t o t he C i t y ' s G e n e r a l P l a n , L C P , a n d LU C f o r s e v e n City=owned parcels located north of Bay Marina Drive. See Figur e 4. Parcels 1 through 6 are owned by the City and compose two complete blocks between Bay M arina Drive to the south, West 23rd Street to the north, Marina Way (formerly Harrison Avenue) to the west, and I-5 to the east. The City proposes to rezone Parcels 1, 2, 3, 5 ,and 6 fro m MM (Medium Industrial) to CT which could allow these parcels to be developed with hotel, res taurant, retail, and/or some combination of tourist-/visitor-serving commercial uses. The CT zone currently allows a floor area ratio (FAR) of up to 1.0, with no height limit; however, as part of the Balanced Plan, the FAR will increase to 2.0. The maximum allowable development with a FAR of 2.0 would be approximately 254,782 square feet of floor area. The proposed 2.0 FAR would a llow for the development of desired land uses that require s ubstantial floor areas such as hotels which would be of economic benefit to the City and provide opportunities for increased public access to the City’s marina area.

Development standards such as the parking requirement and lands caping would be based on the specific uses permitted in the CT zone at such time as future development is proposed.

Additionally, there are two easements along the wetlands; one is owned by SDG&E and the other provides access to the US Fish and Wildlife Service Refuge and is operated by the Service. These easements are located directly east of the Pier 32 Marina and a cross the Sweetwater Channel and terminating at the wildlife ref uge may. With the removal of the South Bay Power Plant in Chula Vista, the SDG&E easement area may provide additional recreatio n opportunities under and enhance opportunities to meet the goals of the Balanced Plan. This area could serve as parking or overnight accommodations or other development that would enhanc e the marina environment.

Such uses would be required, as part of the CEQA environmental review process, to fully mitigate any biological impacts to adjoining habitats or to protect other coastal resources.

The remaining Parcels 4 and 7 are currently zoned CT and will remain so. Parcel 7 (approximately

1.2 acres), owned by the City and leased to the San Diego Railway Association, is at the northwest corner of Bay Marina Drive and Ma rina Way. The historic Santa Fe Rail Depot is on this parcel, and no new development is proposed on this parcel. No other Cit y land use changes or

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development are currently proposed as part of the Balanced Plan.

City/District Jurisdictional Changes
The Balanced Plan proposes the removal of approximately 12.4 ac res within the Balanced Plan area, located mostly on the current day GB Capital leasehold ea st of the mean high tide line and on land now owned in fee by the District, from the City’s Gener al Plan, LCP, and LUC to reflect changes in land use and jurisdic tional authority. This change will clarify the jurisdictional boundary between the City and the District and will be reflecte d on all City zoning and General Plan Maps. These lands are not currently regulated by the PMP and this jurisdictional amendment will ensure consistency with the California Coastal Act, Public T r u s t D o c t r i n e , a n d A c t . T h e District will amend its PMP map accordingly.

Bayshore Bikeway
As a major goal of the City’s original LCP submission, the Bays hore Bikeway is now being realized. The Bayshore Bikeway Segment 5 is generally located o n a combination of existing roadways, including Bay Marina Drive, Marina Way (formerly Har rison Avenue), Cleveland Avenue, McKinley Avenue, West 19th Street, Tidelands Avenue, W est 14th Street, and Civic Center Drive. Most of the Bayshore Bikeway Component is located within the City’s jurisdiction, and the southernmost portion is located within Distr ict jurisdiction. This new sect ion of the Bayshore Bikeway is an important component of the 24-mile Bayshore Bikeway that circumnavigates San Diego Bay.

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POLICY RECOMMENDATION

PUBLIC ACCESS

1. New public shoreline accessways shall be designated to and along Paradise Marsh and the Sweetwater River Channel as generally shown in See Figure 5.

2. Public accessways to or near the water as designated in Condition Number One shall be provided in conjunction with new development and protected thro ugh public access easements or other suitable means of conveyance.

3. In the event that new development is not forthcoming, it is the City’s policy to seek the assistance of the Coastal Conservancy, or other appropriate age ncy, to acquire, plan, and finance public shoreline access.

4. The precise location, design and identification of public accessways shall be consistent, to the maximum degree feasible, with the coastal access standards prepared jointly by the Coastal Commission and the Coastal Conservancy.

5. As indicated in the General Plan, it is the City’s policy that the Bay Route Bikeway (now the Bayshore Bikeway) be extended southerly from 24th StreetBay Marina Drive and Harrison StreetAvenue to the Paradise Marsh and boat launching ramp areas and across Sweetwater River Channel to the C hula Vista Bayfront. It is al so the City’s policy that additional nature trails and bicy cle trails be developed adjace nt to the Paradise Marsh to connect to the Bay Route Bikeway and Sweetwater River Flood Con trol Channel Trail System.

6. Alternative modes of access to N ational City’s Bayfront shall b e actively encouraged.

Specifically, the trail systems proposed as a part of the Army Corps’ Sweetwater River Flood Control Channel project, wh ich would provide linkage from National City’s Bayfront to inland areas, are supported.

7. All new development shall incorporate adequate on-site parking to accommodate the parking demand generated. The number of required parking space s for new development shall be determined during the implementation phase of the Loca l Coastal Program, but shall be, at a minimum, consiste n t w i t h t h e s c h e d u l e o f p a r k i n g requirements of the Municipal Code (Appendix III).

8. Marina DriveWay, Aa new access road formerly known as Harrison Avenue , located westerly and parallel to the Paradise Marsh would extends southerly from the vicinity of Bay Marina Drive Harrison Avenue at 24th StreetBay Marina Drive to the National City Boat Launching Facilities and future marine orientedPier 32 Marina , which includes a variety of, commercial and /or recreational uses. A buffer shall be provided maintained between the roadway and the marsh. A Specific Plan shall be prepared to The Balanced Plan identifiesy desirable continued buffering between the marsh and roadway, located in the upland area west of Paradise Marsh. It will should also proposes landscaping or other

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design elements to provide visual linkage and identity for the Paradise Marsh area and appropriate visual separation from the industrial area to the west and freeway to the east.

9. 9. New development shall not interfere with desirable public ac cess that may exist or be established by public use on or across private property, i.e. prescriptive rights. Desirable public access shall include access to natural or constructed coastal, recreational resources, except where necessary to protect fragile coastal resources or public safety, or where adequately provided for in another area. Development projects shall be reviewed to determine evidence of public use.The proposed Balanced Plan, in conjunction with the Port of San Diego, would also increase the availability of lower costs visitor serving uses a nd allow greater public access to the waterfront. Implementation of the Balanced Plan would provide new opportuni ties to experience views of the Bay and Sweetwater Channel from the expansion of Pepper Park, and new hotels, a recreational vehicle park, and modular cabins. These land use changes provi de lower cost recreational opportuni ties for the community and mem bers of the near -by region that have been historically underserved.

10. Public access shall include access to natural or constructed co astal, recreational resources, except where necessary to protec t fragile coastal resources or public safety, or where adequately provided for in another area.

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RECREATION

1. The National City Bayfront sha ll be designated for tourist c ommercial and recreational use, as indicated in the Land Use Plan (Figure 12). Using the SD&AE railroad as a point of demarcation, consistent with the wetland area proposed for acquisition by th e Army Corps of Engineers, the area located to the east, inclu ding Paradise Marsh and surround ing lands, shall be designated suitable for passive recreational uses only. The areas to the west and to the north of the Marsh shall be designated for tourist commercial and recreational uses. Wetland resources located west of the railroad, which are not proposed for public acquisition, shall be protected from incompatible development, consistent with marsh preservation policies.

2. The passive recreational area w ould accommodate the preservation of Paradise Marsh, along with the provision of public accessways and landscaped areas. Publi c access would be provided and managed consistent with the public access component of the LCP and the maintenance of wetland resource values. Beyond this area, a transition to more active uses could begin. Landscaped areas suitable for picnicking and general recreation may be appropriate.

3. In order to meet specific recreational market demand and pro vide an attraction for secondary uses, overnight uses and boating uses shall be assigned the highest commercial development priority for the commercial recreational areas. For the area west of Paradi se Marsh, appropriate uses include expanded marina development, new hotel/motel and restaurant facilities, recreational vehicle park/campground, dry-storage and boat service facility, and/or public park areas. For the area north of Paradise marsh, hotel/motel facilities, restaurants and other tourist commercial uses would be appropriate. The intensity of development shall be reviewed for impacts on traffic circulation.

A Specific Plan shall be prepared to address traffic circulatio n and roadway improvements, in conjunction with development plans for the tourist commercial area west of Paradise Marsh. The Specific Plan shall determine the location of roadway improvements, based on resource protection standards, i.e., consistency with marsh preservation policies.

Tourist Visitor commercial development in the above referenced areas shall be consistent with existing or currently planned ro ad capacities to the north and south of the proposed tourist commercial area, including the planned extension of Harrison Av enue and the Tidelands Avenue crossing proposed in the City of Chula Vista Bayfront LCP . The intensity of development shall also be reflective of the constraints placed on these roadways by the Marsh Preservation policies of the LCP.this Plan. Approval of these land uses shall not be considered precedent for increasing the capacity of the roads to the north and south of the tourist commercial area.

4. In order to develop the visitortourist commercial and recreational area west of Paradise Marsh coordination with the Port District for concurrent development of Port District lands shall continue to be encouraged while environmental justice impacts are mitigated. shall be encouraged. A higher quality project and a better de sign should result from such coo rdination and a more viable development will likely be attracted to the area.

5. To enhance the recreational potential and attractiveness public use of the National City waterfront, the restoration of Paradise Marsh is a desirable program. A fe asible restoration program shall be determined with the potential assistance of the Coastal Conservancy, or other appropriate agencies, to finance, plan, and implement such a restoration program. Th e program shall also involve

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coordination with the Bayfront Conservancy Trust in its efforts to finance, plan and implement a restoration program, including access and recreational features.

6. To ensure that the recreational potential of the area is max imized, development shall take into account the proximity to the MTDB’s MTS Trolley System“San Diego Trolley” , the Bays Shore Route Bikeway, and the Sweetwater Rive r Flood Control Channel’s recr eational areas and trails systems, as well as recreational uses planned infor the adjacent Chula Vista Bayfront and other waterfront development along theon San Diego Bay.

MARSH PRESERVATION

1. The wetlands of the Paradise Creek Marsh as well as the seco ndary area of Paradise Marsh, east of I-5, including salt marsh, freshwater marsh, salt-pan, channel, and mudflat habitats, are valuable and sensitive biological resources, and shall be preserved. Th e plan designation for these areas shall be OPEN SPACE/WETLAND PRES ERVE. The boundaries of the “O pen Space Wetland Preserve” areas include the marsh area required for acquisition by the Army Corps of Engineers for the Sweetwater River flood control improvements, marsh area within Caltrans right-of-way easterly of the SDG&E right-of-way, and the secondary area of P aradise Marsh east of the I-5 freeway. The Sweetwater River area, south of 35th Street, desi gnated for industrial and commercial use, and the wetlands located west of the railroad, which are not proposed for public acquisition, also contain valuable biological resources which shall be preserved under an overlay zone or other appropriate, implementing regulation which shall be defined in the implementation plan. The overlay zone or imple menting regulation shall includ e requirements for mapping all wetlands not included in the “Open Space Wetland Reserve” land use designation, execution of open space easements over identif ied resources and their buffer s in conjunction with new development and a determination of appropriate buffers for any new development.

2. In order to preserve Paradise Marsh , ; the wetlands located west of the former railroad right-of- way, including the proposed part of the Bayshore Bikeway Segment 5,of the railroad, which are not proposed for public acquisition; the secondary area of Para dise Marsh, east of I-5; and the Sweetwater River south of 35th Street shall adhere to the following:

 Alteration shall be limited to minor incidental public faciliti es, restoration measures, and nature study. Consistent with the provisions of Section 30233, the di king, dredging and filling of wetlands, open waters, estuaries and lakes shall be permitted o nly where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects, and shall be limited to the following: incidental public service purposes, restoration purposes, and nature study. Ther e shall be no alteration of Paradise Marsh, the wetlands located west of the railroad which are not proposed for public acquisition, as well as of the secondary area of Paradise Marsh, east of I-5, a nd the Sweetwater River south of 35th Street, except as determined by a marsh restoration program which has been approved by the California Coastal Commission.

 The dumping of rubbish or commercial waste into the marsh areas shall be prohibited.

 The intrusion of off-road vehicles and unauthorized pedestrian traffic into the marsh areas shall be discouraged.

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A buffer area shall be established for new development adjacent to wetlands. A 100 ft. distance from the edge of the wetland shall generally provide an acceptable buffer acceptable to the sState and fFederal agencies.
 The required distance may be increased or decreased based on co nsultation with the Department of Fish and Game. A buffer area less than 100 feet wide may be permitted, depending upon the analysis of the specific site proposed for development. Examples which may demonstrate that a lesser distance would be acceptable include but are not limited to the type and size of development, proposed buffer improvements such as landscaping o r fencing, and existing site characteristics such as a grade differential between a marsh area and adjacent upland area, existing development in the area, and parcel size and configuration. Co nsistency with buffers required as part of the Sweetwater River Channel/Rt. 54 project shall also be considered in order to determine appropriate buffers less than 100 feet wide. The buffers shall be determined with the concurrence of the state Department of Fish and Game.

 3. To enhance the habitat and aesthetic value of Paradise Marsh , the wetlands located west of the railroad, which are not proposed for acquisition, a s well as the secondary area of Paradise Marsh, east of I-5, and the Sweetwater River south of 35th Street, feasible restoration activities shall be encouraged. Feasible restoration activities shall be determined with the potential assistance of the Coastal Conser vancy, or other public agency o r private group, including the Bayfront Conservancy Trust, to finance, plan, implement and manage a restoration program. The recommended elements for a restoration program include:

 A public access and information program that would be designed to allow observation of the marsh, while controlling intrusion into the marsh itself. A component of the access program should be an interpretive nature trail along the western margins of Paradise Marsh, which could connect with an observation platform.

 The removal of all rubbish and debris from the marsh through a volunteer effort, or the California Conservation Corps.

 The dredging of Paradise Marsh, consistent with a marsh restora tion program, prepared in consultation with the California Department of Fish and Game an d approved by the California Coastal Commission, possibly concurrent with the construction o f the Sweetwater River Flood Control Channel, to improve tidal flow and flushing. Dredging shall be restricted to existing tidal channels.

 The encouragement of a scientific research program.

4. To enhance the habitat and aesthetic value of Paradise Marsh, t he wetlands located west of the railroad and , proposed new development, including roadways , located near to the wetlands of Paradise Marsh, Proposed new development, including roadways, located adjacent to the wetlands of Paradise Marsh, the wetlands located west of the railroad wh ich are not proposed for public acquisition, the secondary area of Paradise Marsh, east of I-5, and the Sweetwater River south of 35th Street, shall be designed to discourage the intrusion of pedestrians, v ehicles, or domestic animals into the marsh through physical barriers such as fencin g and/or landscaping with appropriate non-invasive species. In association with new development or remodeling of existing development contiguous with the wetlands, including roadways, drainage shall be directed off-site toward the Sweetwater River Floo d Control Channel, or to existi n g s t r e e t d r a i n s , w h e n e v e r possible, or channeled into a settling area before entering the marsh. Potential increase in the rate

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of storm-water runoff, which may result from new development, including roadways, adjacent to wetlands, shall be controlled by de tention basins or other mean s to avoid impacts of erosion and sedimentation on wetlands consistent with all applicable local, state , and federal standards. The size, design and placement of such sedimentation control device s shall be developed in consultation with the State Department of Fish and Gameresource agencies prior to or concurrent with the commencement of construction and shall be installed an d maintained by the developer, or any successors in interest.

5. Wetlands in private ownership, which may be located in the C T , C a n d M , a s w e l l a s O S R designated areas, shall be prot ected from development through t he application of mitigation measures that include , but not be limited to , buffer zones ;, shielding of lights ;, barriers ;, educational signage;, predator control measures;, and run-off protection features. of an overlay zone or other appropriate, implementing regulation proposed in Policy #1. Necessary protective measures, including adequate buffers, regulations re garding the design and siting of structures, etc., and open space easements shall be determined during review of proposals for development, by application of criteria to be specified in the LCP Implementation Plan.

6. Landscaping in areas adjacent to wetlands shall include only native plants only which are non- invasive species. of wetlands.

7. For all properties that have wetland features, each projects shall incorporate BMP erosion control measures Specific erosion control measures and shall be in place during all construction activities, biological monitoring and planning, and control of run-off duri ng all grading activitiesshall be approved, incorporated into development, be in place at the ini tial phase of work, monitored and maintained in conjunction with all grading activities, along Marina Way.consistent with Section X (B)(4)(k) of the Implementation Plan, during the period of November 1 to April 1 of each year for all properties which drain directly to marsh and wetland ar eas. These properties shall include all properties located in the following areas:

All properties between 35th Street and the southerly City limits;

All properties in the area lying between 33rd Street, Hoover Av enue, 30th Street and the MTDB San Diego Trolley Line;

All properties in the City’s jurisdiction located westerly of H ighway I-5 and south of 24th Street Bay Marina Drive.

VISUAL RESOURCES

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

 The development of shoreline recreational features along the banks of the flood control channel.

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12. To ensure that the development of the proposed commercial and recreational area adjacent to Paradise Marsh west of the SD&AE railroad is of the highest aesthetic quality, the City shall require that the development of the site shall be in accordance with development standards and requirements to be determined by a Specific Plan for the area. The Specific Plan shall determine appropriate height limits, landscape elements, signage, and vie w protection and enhancement, consistent 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 focal points in key activity areas.

32. To ensure that the new road to provide access to the proposed recreation area adjacent to Paradise Marsh is of high visual quality, its design shall implement and incorporate the General Plan policy proposing the construction of landscaped entryways from . Landscaped entryway improvements for 24th StreetBay Marina Drive. 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 of the Marsh and at 24th StreetBay Marina Drive, and appropriate visual separation or buffering of industrial uses to the west and freeway to the east.

The design improvements identified in the Specific Plan shall include landscape elements, signing, and architectural elements or cr iteria, such as height, scale, bulk, color and building materials.

Protection or creation of vistas should also be identified in the Specific Plan. .

345. To ensure that new development throughout the Coastal Zonecoastal 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.

45. All visual resource mitigation measures, as identified in the National City Bayfront Projects and Plan Amendments Environmental Impact Report applicable to the City, shall be incorporated into all projects located in the in the City’s Coastal Zone and Balanced Plan area. Project design shall also be reviewed with regard to other appropriate visual elements identified throughout the development review process.

INDUSTRIAL DEVELOPMENT

1. In the event that different industrial land uses are competi ng for available industrial land, priority shall be given to marine related industrial uses

ENVIRONMENTAL HAZARDS

1. Review of new development for sea level rise, and potential floodingpotential flood, seismic, and geologic hazards shall determine necessary improvements to mini mize risk during the site plan review process, or during any applicable, discretionary review process.

2. Geotechnical and sea level rise reports shall be required for n ew development in areas subject to flooding and geologic hazards.Geotechnical reports shall be required for new development in areas subject to geologic hazard.

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3. Waivers of liability shall be required from applicants for Ccoastal Ddevelopment Ppermits in areas of sea level rise and geologic hazards.

4. Prior to the development of the parcels on both sides of the existing Sweetwater River Channel, south of 35th Street, a sea level rise and flood hazard study shall be conducted, based upon design criteria anticipating the potential flood hazard remaining after the construction of the Sweetwater River Flood Control Channel or from a 100-year flood, whichever is applicable at the time of development. Only development consistent with the recommendations of the stu dy shall be approved for the area. Specific development policies shall be provided in the Implemen tation Plan. The policies 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 flood protection shall be allowed.

LAND USE PLAN SUMMARY

COMMERCIAL/RECREATION/OPEN SPACE

The National City Bayfront should be designated for tourist co mmercial, recreational and open space use. Using the SD&AE railroad spur as a point of demarcation, the area located to the east, including Paradise Marsh and su rrounding lands, would be suitab le for passive recreational and open space uses only. Areas to the north of the marsh and west of the marsh and railroad spur should be designated for tourist commercial and recreational uses.

The total land area within National City which is developable, west of the railroad spurbikewyBayshore Bikeway and SDG&E right-of-way, and desi gnated for tourist commercial and recreational open space use is approximately 23 acres . and is owned by the Santa Fe Land Improvement Company and Atchison Topeka & Santa Fe Railway. Ho wever, additional vacant land totaling 15 acres, under the jurisdiction of the Port District, lies adjacent to the west, southeast of 32nd Street and Tidelands Avenue, and east and north of the boat launch facilities. The Port’s Master Plan designates the area f or commercial recreation and P ublic Park. It is important to emphasize that the development of this area should be closely coordinated with the Port during the project planning phase. Also, to ensure a well-integrated and quality development, the concurrent development of both the National City parcel and the Port District parcel should be encouraged.

Although the touristvisitor commercial designation covers a broad range of uses, one or tw o anchor uses should be sought for the area. Particularly appropriate for the area would be an overnight use and a boating rela ted use, the two activities wit h the greatest unmet demand.

Desirable forms of overnight use include hotel or motel facilit ies, and/or a recreational vehicle park/campground complex. Such uses, in a close proximity to th e Port’s launching ramp and the Army Corps’ proposed recreational features, would have apparent possibilities. The Balanced Plan includes the expansion of Pepper Park, a new dry boat storage, and additional boat piers, RV park, and future hotels all within the Port District jurisdiction. Development of a marina on adjacent Port District property may also be appropriate. With the proposed e xtension of the channel for the flood control project, increased boat usage will become even more desirable. Other boating related facilities that would be appropriate include a dry-storage area and a sales/service establishment.

Again, available space for boat storage near San Diego Bay is a t a premium and the situation is only going to become tighter. A s tacked or tiered dry-storage area, similar to that at Perez Cove on Mission Bay, would be a desirable use at the National City location. With an overnight use and

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boating use serving as anchors, it can be expected that other r elated uses such as eating establishments and specialty shops will be attracted to the area.

The area to the north of the Paradise Marsh, east of the SD&AE railroad right-of-way and south of 24th StreetBay Marina Drive is also designated for tourist commercial use. As part of the Balanced Plan, a transition area from the work ing waterfront to expanded recr eational facilities will provide a gateway to the National City Bayfront.

A transition from existing industrial uses to future commercial is appropriate to provide a gateway to the Bayfront and Port area.

INDUSTRIAL

National City’s portion of the Coastal Zonecoastal 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 us es, and is designated “Medium IndustrialManufacturing” and “Heavy IndustrialManufacturing” in the General Plan. Truck access in this planning area is from I-5 and includes limited rail access. The other industrial area within National City’s cCoastal zZone is the Sweetwater industrial area which is 160 acres in siz e and located east of I-5. The area is well served by truck access v ia I-5, rail access, and ship access through Port District lands. The other industrial area within National City’s coastal zone is the Sweetwater industrial area which is 160 acres in size and locat ed east of I-5. The entire central portion of this area has been reserved for the joint Army Corps /CALTRANS Sweetwater River flood control channel and Highway 54 project and is designated as open space. The areas to the north and south are virtually all developed with light industri al use and some commercial areas fronting on National City Boulevard. As in the General Plan, both areas are designated for industrial and commercial use in the Land Use Plan.As further d escribed in the Balanced Plan section of the LCP, the City proposes to rezone Parcels 1, 2, 3, 5 , and 6 from MM (Medium IndustrialManufacturing) to CT (Tourist Commercial), which could allow th ese parcels to be developed with hotel, restaurant , retail, and/or some combinati on of tourist -/visitor-serving commercial uses.

National City’s coastal zoneCoastal Zone is largely characterized by industrial development, much of which is related to the proximity of the Port’s operationscontainer terminal and wharfage. Due, in large part to the attraction of the marine terminal, virtual ly all of the industrial zoned land in National City’s Bayfront has been developed. New industrial development and redevelopment will occur as older residential uses are eliminated; however, t he 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.

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OPEN SPACE/WETLAND PRESERVE

The wetlands of the Paradise Creek Marsh, including salt marsh, freshwater marsh, salt-pan, Sweetwater cChannel, and mudflat habitats, are valuable and sensitive biolog ical resources, and shall be preserved. To that end, the plan designation for these areas is OPEN SPACE/WETLAND PRESERVE.

The value of the Paradise Marsh includes, but is not limited to, the following:

 Through photosynthesis of algal spe cies, the marsh provides an oxygen supply for the waters of San Diego Bay, necessary for survival of fish species and natural pollution impact abatement.

 Flushing of plant and animal detritus from the marsh provides o rganic matter important for food chains in the bay.

 The marsh acts as a nursery for at least nine fish species, inc luding several important sport fish species.

 The wetland habitats are extremely important wildlife areas, su pporting a very high diversity of bird species. These include a number of sensitive species, i.e ., Belding’s Savannah Sparrow, California Least Tern and potentially the Light-footed Clapper Rail. The wetlands also are an important stop-over point for migratory species along the Pacific Flyway.

Potential uses for wetlands are:

 Basic Sscientific research, nature study, orand educational uses;

 Passive recreation (i.e., bird watching);

 A possible source for applied research into the use of marsh species to introduce salt-tolerant genes into economically important plants (in agriculture), through selective cross-breeding.

One technique of preserving wetl ands commonly referred to is th e provision of a buffer area b e t w e e n t h e w e t l a n d a n d d e v e l o p m e n t . T h e Coastal Commissionstate and federal resource agencies generally recommends that development be set back 100 feet from the landward edge of a wetland. The 100-foot wide buffer may be increased or decrea sed in consultation with the Department of Fish and Gameresource agencies. The purpose of the 100-f oot buffer is to ensure that the type and scale of development will not significantly degrade the adjacent habitat area. The distinction must be made, however , that the application of the 100-foot buffer assumes that the area surrounding the wetland is substantially undeveloped. With respect to Paradise marsh, the wetland is almost entirely surrounded by existing industrial de velopment and transportation corridors including lumber storage yards, slaughter houses, steel fabricating plant, I-5, and rights- of-way for the AT&SF and SD&AE Railroads. In most locations, this existing development lies immediately adjacent to the landward edge of the wetlands. In such situations, the Commission’s guidelines recommend that new d evelopment observe an appropriat e setback based on unique characteristics of the property. It should also be noted that the marsh areas recommended and required for acquisition as mitigation for the Sweetwater River Flood Control Channel/Route 54 freeway project were determined to include necessary buffers.

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The essential measure necessary to guarantee the preservation o f Paradise Marsh is the maintenance of tidal flushing. As long as the marsh is kept op en to tidal flushing and free from industrial and urban run-off , the existing water quality will be maintained at acceptable lev els. , and as long as the major input of freshwater continues to be runoff from the upstream areas rather than industrial discharge, the existing water quality will be maintained at acceptable levels. Other management alternatives, such as implementing increased street sweeping programs or sediment control measures in selected subbasins, do not appear to be necessary on the basis of the data and results presently available.

10 CHAPTER 1

THE COASTAL ACT

HISTORY

Traditionally, the regulation of land use along California’s coastline has been by local government pursuant to State Planning and Zoning Law. This enabling legislation mandates local governments to prepare general plans and zoni ng to ensure orderly physical growth and development within their jurisdictions as well as the protection of public health, safety and welfare.

However, local control over land use in the Coastal Zonecoastal zone was significantly modified with the passage of the Californi a Coastal Zone Conservation Ac t by the voters of California in November, 1972. In approving Proposition 20, the people of California declared that;

“The permanent protection of the remaining natural and scenic r esources of the Coastal Zone coastal zone is a paramount concern to present and future residents of the s tate and nation”, and

“It is the policy of the state to preserve, protect, and where possible, to restore the resources of the Coastal Zone coastal zone for enjoyment of the current and succeeding generations.”

Proposition 20 set forth a distinct role for the State in coast al land use matters, and created the California Coastal Zone Conservation Commission. The mandated m ission of the Coastal Commission was to prepare a statewide comprehensive plan for th e “orderly, long-range conservation and the management of the coast”, and to regulate development while the plan was being prepared. Preparation of the Coastal Plan commenced in 1973, and it was submitted to the state legislature in December, 1975. Based upon the Coastal Pla n and the Commission’s experience of the preceding years, the California legislature p assed the California Coastal Act in August, 1976.

GOALS AND POLICIES

The Coastal Act of 1976 in its opening section, Section 30001, contains the following finding and declaration of the state legislature:

(a) That the California Coastal Zonecoastal zone is a distinct and valuable resource of vital and enduring interest to a ll the people and exists as a d elicately balancedbalanced ecosystem.

(b) That the permanent protecti on of the state’s natural and sc enic resources is a paramount concern to present and future residents of the state and nation.

(c) That to promote the public safety, health, and welfare and to protect public and private property, wildlife, mari ne fisheries, and other ocean r esources, and the

2 natural environment, it is necessary to protect the ecological balance of the Coastal Zonecoastal zone and prevent its deterioration and destruction.

(d) That existing developed uses , and future developments that are carefully planned and developed consistent with the policies of this division, ar e essential to the economic and social well-being of the people of this state and especially to working persons employed within the Coastal Zonecoastal zone. (Amended by Cal. Stats. 1979 Ch. 1090)

The basic goals of the legislature for the Ccoastal zZone are defined in Section 30001.5 of the Coastal Act:

(a) Protect, maintain, and where feasible, enhance and restore the overall quality of the Coastal Zone coastal zone environment and its natural and man-made resources.

(b) Assure orderly, balancebalanced utilization and conservation of Coastal Zonecoastal zone resources taking into account the social and economic needs of the people of the state.

(c) Maximize public access to and along the coast and maximize public recreational opportunities in the Coastal Zone coastal zone consistent with sound resource conservation principles and cons titutionally protected rights o f private property owners.

(d) Assure priority for coastal-d ependent and coastal related d evelopment over other development on the coast. (Amended by Cal. Stats. 1979, Ch. 1090)

(e) Encourage state and local initiatives and cooperation in pr eparing procedures to implement coordinated planning a nd development of mutually bene ficial uses, including educational uses, in the Coastal Zonecoastal zone.

The heart of the Coastal Act is found in Chapter 3, Coastal Res ources Planning and Management Policies. These policies constitute the standards that local plans must meet in order to be certified by the State as well as the yardstick for evaluating proposed d evelopments within the Coastal Zonecoastal zone. Topics covered by coastal polic es include: beach access, re creation, marine environment, environmentally sensitive habitat areas, agricultu re, visual resources, and coastal dependent and industrial developm ent. In essence, these polici es are the rules for future growth and development in the Coastal Zonecoastal zone.

IMPLEMENTATION

The implementation of the Coastal Act is predicated upon the in volvement of local government.

Section 3004 of the Act declares that “to achieve maximum respo nsiveness to local conditions, accountability, and public accessi bility, it is necessary to re ly heavily on local government and local land use planning procedures and enforcement.” To this e nd, the Act directs each local government within the Coastal Zonecoastal zone , wholly or partly, to prepare a Local Coastal

3 Program (LCP). An LCP consist of a local government’s land use plans, zoning ordinances, zoning district maps, and implementing actions which implement the pro visions and policies of the Coastal Act at the local level. (30108.6).

The basis of the LCP is the land use plan. According to the Coastal Act, the land use plan means the “relevant portions of a local government’s general plan, or local coastal element, which are sufficiently detailed to indicate the kinds, location, and inte nsity of land uses, the applicable resource protection and development policies and, where necessa ry, a listing of implementing actions.” (32108.5) The zoning ordinances and district maps are the legal tools for implementing the land use plan. The Coastal Act also requires each LCP to “ contain a specific public access component to assure that maximum access to the coast and public recreation areas is provided.”

During preparation of a Local C oastal Program, local government s should coordinate planning with affected local, regional, sta te, and federal agencies, and provide the maximum opportunity for public participation. Under the Coastal Act, the responsibility for ensuring meaningful public participation rests with both the Coastal commission and local government; however, the local government retains the primary responsibility for involving the public in the actual planning process.

After the LCP has been reviewe d and approved by the local gover nment, it is then submitted to the State Coastal Commission for review. In certifying the lan d use plan, the Commission must find that the plan conforms to Chapter 3 of the Coastal Act, and contains the required public access component. The zoning and implementing ordinances are then reviewed to determine conformance with the approved land use plan. Once the land use plan and implementing ordinances have been certified, the review authority for new development within the Coastal Zone coastal zone will revert from the Coastal Commission to local government. The local government in issuing coastal development permits must then make the finding that the develop ment is in conformity with the approved LCP.

The State Commission will continue to exercise permit jurisdict ion over certain kinds of developments (i.e., development in state tidelands). The State Commission will also review amendments to LCPs, and continue to hear permit appeals. Howeve r, only certain kinds of developments can be appealed after a local government’s LCP has been certified; these include:

(1) Developments approved by th e local government between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tideline of the sea where there is no beach, whichever is the greater distance.

(2) Developments approved by the local government not included within paragraph (1) of this subdivision located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, stream, or within 300 feet of the top of the seaward face, of any coastal bluff.

(3) Any development wh ich constitutes a major public works project or major energy facility.

The phrase “major public works project or major energy facility ” as used in Public Resources Code Section 30603(a)(5) shall mean any proposed publ ic works project, as

4 defined by Section 13012 of the Coastal Commission Regulations (Title 14, California Administrative Code, Division 5.5) or energy facility, as defined by Public Resources Code Section 30107.

6 CHAPTER II

NATIONAL CITY

HISTORY

The City of National City is located longalong the eastern shores of San Diego Bay within the urbanized South Bay area of the San Diego Region. The City of San Diego’s central business district lies approximately five miles to the north. It is bord ered by the City of San Diego to the north and east, and by Chula Vista to the south. The National City incorporated area includes approximately 8.65 square miles. The population of National City is currently 55,408 (January 1, 1986 est.).

National City is a general law city, incorporated in 1887, and is the second oldest city in San Diego County. Founded in 1868 by Frank Kimball as a competitor to Al onzo Horton’s new San Diego venture, it was planned to be a major terminus for the railroad s then opening lines to the West Coast. Although the railroads chose other cities for their ter minals, the agriculture industry flourished. Population grew slowly until the great boom of the 1940’s, when the population more than doubled in ten years. This was due to the large number of servicemen brought to the area during World War II. National City’s population has fluctuated greatly since then, reflecting changes in the number of military personnel on base. However, household population has continued to increase in a more stable, steady manner, as has the general industrial base.

In modern times, the City’s community members are subject to on e the highest levels of toxic air pollution in the state stemming from the near -by Port operations and vehi cular traveling along I-

5. Prior to the Balanced Plan , the area had few recreational amenities and access to the bay was severely limited due to the industrialized waterfront. While di rect access to the bay continues to be problematic the development of the marina, expansion of Pepp er Park, and addition of new restaurants, and new hotels havewill help helped increase bayfront usage by local and regional visitors. The 2022 Balanced Plan’s intent is to allow for the continued use and expansion of the working waterfront, while at the same time providing for new lower cost visitor se rving uses for the community and region. The efforts to reduce toxic emissions from Port District industrial uses remains a paramount goal and priority for the City.

COASTAL ZONE

The Ccoastal Zzone of National City includes all the area west of I-5, and a small area east of I-5 south of 30th Street. However, the Coastal Zone coastal zone is controlled by three separate governmental agencies: the San Diego Unified Port District, the United States Navy, and the City of National City. The coastal zone area over which National City retainsCity’s retain ed jurisdiction totals approximately 575 561 acres, and is bounded by the Navy Lands to the north, the Chula Vista Bayfront to the south, and the Port District jurisdiction to the west.

RELATED COASTAL PLANS

7 Plans adopted by the San Diego Unified Port District and the Ci ty of Chula Vista designate land uses adjacent to National City’s coastal jurisdiction. They al so designate transportation facilitiesuses which extend into or throughnear National City’s jurisdi ction. National City’s coastal land use designations and proposed circulation improvem ents should be based upon consideration of the plans of the adjacent jurisdictions to the extent that compatible uses can be developed.are developed. National City’s policies, however, need not be decided to implement plans of adjacent jurisdictions.

The Port District has jurisdiction approximately 250280 acres of land area . over all of the state tidelands bayward of the adjudicated mean high tide line, appro ximately 250 acres of land area .

The Port jurisdiction also includes an isolated parcel of tidelands which is located in the salt flats south of Chula Vista and is connected to National City by a 300 -foot wide corridor through San Diego Bay. The Port District submitted its Master Plan to the Coastal Com mission, and it was conditionally- approved in October, 1980. The Port District’s plan designated land areas west of the mean high tide line primarily for industrial use. It desig nates areas south of 32nd Street and generally east of Tidelands Ave nue for commercial recreation an d for park uses along the Sweetwater Channel, with vista area, public fishing, and bridge , boat launching ramp, public access and comfort station. The park designation reflects existing uses with expansion to the east.

The channel itself is designated for berthing and navigation co rridor up to the boat launching facilities, with open bay further east. National City’s land u se designations for adjacent area are complementary to the Port’s.

As described in the Balanced Plan section of this LCP, the Balanced Plan proposes the removal of approximately 12.4 acres within t he Balanced Plan area, located mostly on the current day GB Capital leasehold east of the mean high tide line and on land owned in fee by the District, from the City’s General Plan, LCP, andLCP, and LUC to reflect changes in land use and jurisdictional authority. This change will cl arify the jurisdictional boundar y between the City and the District and will be reflected on all City zoning and General Plan mMaps. These lands are not currently regulated by the PMP and this jur isdictional amendment will ens ure consistency with the California Coastal Act, Public Trust Doctrine, and Act. The Dis trict will amend its PMP map accordingly.

The Port District is studying the feasibility of marina develop ment in the area north of the Sweetwater Channel, adjacent to National City coastal jurisdict ion. Marina development would complement National City’s plans for tourist commercial and recreational use in the area.

The Port’s plan also provides for the extension of off-ramps fr om I-5 and Route 54 through the National City Bayfront to 32nd Street. However, the off-ramps are not included in current State freeway plans. The Port’s plan also indicates the need to connect Tidelands Avenue from National City to Chula Vista, via bridge over the channel. However, Chula Vista’s Local Coastal Program locates a bridge in the vicinity o f the SD&AE railroad right-of -way, generally in line with the proposed extension of Harrison Avenue.

8 Chula Vista’s land use plan, approved by the State Coastal Commission in 1984 and subsequently amended, designates 21 acres across the channel from National City for marina related uses, which includes commercial uses related to waterfront activities, ship repair services and boat marinas or haul out areas. Chula Vista’s Bayfront Specific Plan permits dredging for a small marina for 200 boats just west of the proposed bridge to cross the channel. The Port District also has jurisdiction over lands across the channel from National City west of area i ncluded in Chula Vista’s Local Coastal Program. The Port District lands in Chula Vista across the channel from National City are designated for marine sales and services and, at the most westerly location, expansion reserve.

Under the jurisdiction of the United States Navy is approximately 300 acres and 8,300 lineal feet of bay frontage. Federal lands are under the jurisdiction of the Federal Coastal Zone Management Act, which states that military lands shall comply with coastal planning to the extent that national security is not imperiled.

COASTAL ZONE SUBAREAS
National City’s Coastal Zone coastal zone can be divided into four distr icts: the industrial area west of I-5 (Subarea I), the Paradise Marsh wetlands area (Suba rea II), the Sweetwater industrial area east of I-5 and south of 30th Street (Subarea III), and th e I-5 freeway and San Diego Trolley rights-of-way (Subarea IV).

SUBAREA I

The industrial area west of I-5 contains approximately 210 acres and is almost entirely developed with light and medium industrial uses. The Combined General Pl an/Zoning Map designates the area as primarily “MM”, Medium Manufacturing with a small porti on of “MH”, Heavy Manufacturing. Approximately 6.4 acres located north of the marsh, east of the SD&AE railroad right-of-way, and south of 24th StreetBay Marina Drive are designated for tourist commercial use, but contain industrial uses (meat packing). The area provides the entryway to National City’s Bayfront. The area is well served by truck access via I-5, rail access, and ship access through the Port District. There are a number of older residential uses lo cated in this area, which would be considered non-conforming with the General Plan and zoning designation of industrial.

SUBAREA II

The Paradise Marsh area contains approximately 75 acres and consists primarily of wetlands. The marsh was originally formed by Paradise Creek, which entered th e area from the northeast and flowed across what is now the Port District property to the Bay . The filling of the Port District property destroyed the natural creek bed. The creek now runs d ue south in a man-made channel to the Sweetwater River and hence into the Bay. This channel allows limited tidal action to enter the marsh.

Upstream of the marsh, outside of the coastal area, Paradise Cr eek has also been altered. The drainage area has been reduced due to urban development, and th e creek is entirely contained in man-made drainage facilities. It enters the marsh through culverts under I-5.

9 National City’s General Plan designated this area as Open Space Reserve for preservation of open space wetlands and passive recreational use, and as Tourist Commercial, with the recognition that this area is the only potential area for waterfront recreational facilities.

SUBAREA III

The Sweetwater industrial area contains approximately 160 acres . The entire central portion of this area has been reserved for the Route 54/Sweetwater River Flood Control Channel Project.

This project combines the construction of State Highway Route 5 4 from I-805 to I-5 with the construction of a flood control channel from approximately 600 ft. west of Plaza Bonita Road, immediately upstream of I-805, to San Diego Bay. The flood con trol channel would generally occupy the area between eastbound and westbound lanes of Route 54. In addition, the project proposes the acquisition of a total of 188 acres of marshlands in both the Sweetwater and Paradise Marshes. This acquisition includes 44 acres as compensation fo r the impacts of the project and 144 acres for preservation of habitat for endangered species.

The project also includes a recr eation element consisting of bi cycle, equestrian, and pedestrian trails, rest and staging areas, and shoreline access and recrea tional features (to be located in Subarea II).

The remaining portions of the area are either designated for an d/or partially developed with light industrial uses and some commercial areas fronting on National City Boulevard.

SUBAREA IV

The Interstate 5 Freeway and San Diego Trolley System (MTSDB) right-of-waysrights-of-way include approximately 130 acres. The two regional transportati on facilities are separated from discussion of the other subareas for two reasons. First, the two facilities are existing and under the jurisdiction of the State Department of Transportation (Caltran s) and Metropolitan Transit Development BoardSystem ( MTDBMTS). Second, the facilities and right-of-ways provide existing access and are designated as Open Space by the Combine d General Plan/Zoning Map.

Other than landscaping and transportation related improvements, no development in the subarea is anticipated.

10

10 CHAPTER III

PUBLIC ACCESS
(PUBLIC ACCESS COMPONENT)

COASTAL ACT POLICIES

Sections 30210, 30211, 30212 and 30214 require that public access and recreational opportunities be provided for all the people; that development not interfere with the public’s right of access; that new development provide public access to the shoreline; and tha t public access be managed to protect fragile resources and property rights.

EXISTING CONDITIONS

The United States Navy controls approximately two-thirds of Nat ional City’s Bayfront, through which public access is expressly prohibited. The remainder of the Bayfront is under the jurisdiction of the Unified Port District, and is developed pre dominantly with industrial uses.

However, the Port has developed a launching ramp and an adjacen t public recreation area which accommodates public access to the shoreline - both pedestrian and boating. In addition, it should be pointed out that considerable off-road vehicle activity has taken place in the area. ORV access occurs through Port lands and overlaps into National City’s jur isdiction. Because of numerous problems, including vandalism, violence and accidents, the Port has erected a fence to discourage such use.

The only opportunity for public access within the limits of the C ity is P a ra d is e M a rs h a n d its surrounding lands. However, there is presently no public acces s to nor public use of this area.

Although the Paradise Marsh is subject to limited tidal flow, it is not public tidelands and is not in public ownership. The northern portion of Paradise Marsh west of I-5 will be acquired by the federal government as a condition of approval of the Sweetwater River Flood Control project. The southern portion west of I-5 is Caltrans right-of-way.

EXISTING PLANNING AND ZONING

National City’s combined General Plan/Zoning Map designates the Paradise Marsh area as Open Space Reserve (OSR) and Tourist Commercial (CT). The Open Spac e Reserve designation will preserve wetland areas and provide for passive recreational use , i.e. nature study. The Tourist Commercial designation is estab lished for the provision of serv ices, goods and accommodations for visitors to the area.

The City of National City has historically recognized the Paradise Marsh area as the only potential area for waterfront recreational facilities, and thus public shoreline access.

The General Plan contains several policy statements which support the concept of increased public access to and use of National City’s Bayfront. These policies speak to supporting the Bay-Route Bikeway, Sweetwater Regional Park Connection, and improved transit to the area.

12 Other planning which would affect the National City Coastal Zone is the Highway 54/Sweetwater flood control project. CALTRANS and Army Corps of Engineers are lead agencies for the project.

The recreational aspects of the f lood control channel will be d iscussed in more detail in the Recreation section. With respect to access, the proposed Highway 54 project will improve access to National City’s Bayfront. A direct connection from Route 54 and I-5 to the 32nd Street area should be encouraged to further improve access.

ANALYSIS

DEMAND

The subject of demand will be ex plored more thoroughly in the n ext section dealing with Recreation. However, it should be pointed out that the demand for coastal recreation, and therefore public access to coastal areas, is increasing at a very fast rate. CPO, in their Coastal Access Study for the San Diego Region, estimat ed that the demand for coastal recreation will increase by 55% over the next 20 years.

TRAVEL MODE

The CPO study contains other revealing information as to how individuals actually travel to coastal areas. According to their surve y, 80% of all coastal trips are by private vehicl e (primarily the automobile), 11% by walking, 6% by bicycle, and 4% by transit. Because of the extremely high incidence of automobile usage shown in the survey, the factors of traffic congestion and parking availability become crucial to shoreline access. In examining the National City situation, no problem presently exists with respect to access by automobile. Information available through both National City and the Port District indicates that traffic coun ts and projections are well below designed capacities on Tidelands Avenue and 24th StreetBay Marina Drive . However, factors other than traffic counts must be considered in evaluating vehicular access to the recreational areas, existing and potential, along National City’s Bayfront. Severa l factors which could result in definite conflict between recreational and industrial use include the type of vehicle, the frequency of railroad and container activ ity and the effectiveness of the 24th StreetBay Marina Drive /I-5 intersection. With respect to the type of vehicle, large lumber hauling are continuously traveling along and across Tidelands Avenue to service the lumber yards. The Port’s container terminal at 24th StreetBay Marina Drive is scheduled for expansion, which will result in similar incre ases in truck and rail traffic in the area. Finally, the functional design of the 24th StreetBay Marina Drive intersection with I-5 has presented problems with drainage and difficult turning maneuvers for larger vehicles. Fortunately, peak travel times for recreation al trips usually do not coincide with trip to work peaks. Although industrial activity along the Por t does not follow an 8 to 5 Monday through Friday regimen, no intole rable conflicts between recrea tional and industrial traffic are foreseen.

In conjunction with the CALTRANS Highway 54 project, a 32nd Street off-ramp that would also serve I-5 was proposed but has been deleted from State freeway plans. This new off-ramp would have provided direct vehicular access into the recreational are as of the Bayfront, bypassing most industrial areas. Also, as a part of this LCP a new access road is proposed to provide more direct access to the Bayfront. This new road is proposed to intersect with 24th StreetBay Marina Drive

13 between the right-of-waysrights-of-way for the AT&SF and SD&AE railroads, and connect with 32nd Street. Although the new road would still be dependent up on the 24th Street Bay Marina Drive /I-5 intersection, it would bypass the majority of the industri al areas and would improve both ingress and egress to the proposed recreational area.

Parking capacity is, of course, a prime determinant in assessing recreational access. Although on peak summer weekends the parking lot for the Port’s launching r amp and park sometimes overflows, availability of parking in the area is not considere d critical. On-street parking is abundant in the area, and even with the unauthorized ORV activi ty in the area, parking has been available. As the area develops with more formalized and permanent uses, care must be taken that adequate parking is provided.

Recent developments in the realm of public transit and bicycle travel have some potential for improving recreational access to National City’s Bayfront throu gh travel modes other than the automobile. Those developments are the Metropolitan Transit Development Board’s “San Diego Trolley” along the main line of the old SD&AE railroad right-of-way, and the Bay RouteBayshore Bikeway. The MTDB MTS trolley incorporates a station (24th Street) at 24th StreetMile of Cars Way and Wilson Avenue . The 24th Street station is used for commuter traffic. However, presuming that the National City Bayfront will become a visitor destination, the proximity of the 24th Street station would be of potential benefit. It is withi n short walking distance from the designated tourist commercial area north of Paradise Marsh on t he south side of 24th StreetBay Marina DriveBay Marina Drive . However, pedestrian and bic ycle facilities underneath the I- 5 freeway could be improved to increase separation from traffic and the safety and comfort of users.

While the station location may be beyond comfortable walking range for some users from potential recreation areas at the Sweetwate r River channel, other interme diate modes such as bicycles or jitneys may be feasible. The 24th Street station also connects with routes for National City Transit.

The Bay RouteBayshore Bikeway presents another mode of travel which has positive potential for National City., In its original form, the bikeway was to have passed right by Paradise Marsh and its adjacent lands along the extension of Tidelands Avenue across Sweetwater Marsh. The Coastal Commission, in separate actions, eliminated the extension of Tidelands Avenue across Sweetwater Marsh, and approved an alternative route for the bikeway that w ould take it up 24th StreetBay Marina Drive to National City Boulevard. Although the original route would have been much more conducive for public access to the National City area, the current routing still retains access potential. The extension of a s econdary route to the Port’s la unching ramp and Paradise Marsh complex would be entirely appropriate and consistent with both National City’s General Plan and the Port Master Plan.

Because a direct connection with Chula Vista Bayfront would be preferable to the National City Boulevard routing now approved for the Bay Route Bikeway, efforts to provide a direct connection should not be abandoned. One alternative alignment which would be consistent with the Coastal Commission goal of preserving Sweetwater Marsh would be to util ize the abandoned Coronado Beach line of the SD&AE railroad which already crosses the marsh on trestles. The SD&AE right- of-way is now owned by MTDB; however, the fixed rail transit system will be using the mainline which is east of I-5. Providing that appropriate agreements can be reached with MTDB to use the old branch line for bikeway purposes, recreation and commuter b icycle access in the area will be

14 greatly improved. The Regional Transportation Plan adopted by the San Diego Association of Governments still designates the future Bay Route Bikeway cross ing the Sweetwater River west of I-5.

The City of Chula Vista Local Coastal Program designates a roadway crossing with bicycle lanes over the Sweetwater River channel, along the alignment of the SD&AE railroad right-of-way. A bicycle lane crossing should be encouraged independent of decisions to be reached on the potential roadway crossing.

The roadway crossing proposed by Chula Vista between National C ity and Chula Vista Bayfront areas requires further study. Proposed policies do not require its construction. However, public access policy 8 requires a new roadway extension in the area westerly of Paradise Marsh (Harrison Avenue extension). If found desirable, it could extend to a br idge. An amendment could be pursued to add the bridge to the Land Use Plan. Proposed recre ation policy 3 requires that a Specific Plan address traffic ci rculation and roadway improveme nts, in conjunction with development plans for the tourist commercial area west of Paradise Marsh.

The trails systems, (equestrian, bicycle and pedestrian), proposed in conjunction with the County’s Sweetwater Regional Park and the Army Corps Sweetwater River Fl ood Control Channel, are other access potentials that should be actively encouraged. Th ese trails are of particular importance since they would provide direct linkage between the Bayfront and inland areas.

LOCATION

As previously discussed, the only area that has potential for public shoreline access within National City’s corporate boundaries is Pa radise Marsh and its surroundi ng lands. The reason for this is simply because it is the only area within National City’s jurisdiction that has a shoreline.

It should be noted, however, that provisions are made for public access within the immediate area.

The Port District’s boat launching ramp and recreational area i s located directly adjacent to National City’s jurisdictional limit, and provides shoreline ac cess for the boating enthusiast, the fisherman, and the general recreationist. Whereas the Port has made a concerted effort to accommodate public access and use within its jurisdiction, the U.S. Navy has not. due to security concern for the naval bases , w h i c h i s When considering the security requirements of naval operations, the prohibition of the public for recreational use is appropriate and consistent with the Federal Coastal Zone Management Act.

When assessing the locational needs of public access, care should be taken to differentiate between vertical and lateral access. Ver tical meaning access to the sh oreline, and lateral meaning access along the shoreline. Rather than reciting all the information contained in the Coastal Commission’s Interpretive Guidelines for access, suffice it to say that both forms of access are needed in National City.

15 REGULATION AND MANAGEMENT

As established in the General Plan and in the Coastal Act, it i s a desired goal to provide public shoreline access within the city limits of National City. Thus far, the potential location for such access and the alternative travel modes to reach it, have been discussed. What will now be examined are the various methods by which the public access can be protected and provided in accordance with City objectives and the Coastal Act.

The first method to be investigated would be through public action. Since the Paradise Marsh and its adjacent lands are privately held (Santa Fe Land Company), the feasibility of public action (acquisition, eminent domain) is questionable because of cost and time involved. However, public action for acquisition and development should be considered as an option to provide public facilities and attract appropriate, private development.

The most economic method for the local government would be the dedication of public accessways at the time of development; this action is specifically allowed by the Coastal Act (Section 30212).

Essentially, there are three forms such dedications can take: deed restriction, grant of fee interest, or grant of an easement. Taking into account the development p otential of the area adjacent to Paradise Marsh, the most appropriate method of providing access would be through deed restrictions. With a deed restriction, no interest in the land proposed for access is granted and the land owner retains responsibility for the access way. Deed res trictions are especially suited for commercial/recreational developments, since the security needs of the facility and maintenance of the accessways are most effectively handled by the owner/operat or of the development. Other methods would be appropriate for obtaining public roadway and p ark areas. The provision of public access concurrent with private development is not envisi oned as a problem since the type and form of development envisioned would be predicated upon public use and enjoyment.

Another consideration in the provision of public access, especi ally in areas adjacent to wetlands, is that the resource areas are protected from overuse. Achievi ng consistency with this section of the Coastal Act (30210) is really a matter of design, habitat buffers, and location of the access way.

Lateral accessways, especially a long the shoreline of Paradise Marsh, should be set back a sufficient distance to ensure protection of the marsh . . However, closer proximity to the marsh can be achieved through the uti lization of controlled access po ints. Overall, access ways should be provided and identified in accordance with the coastal access standards adopted by the Coastal Commission and Coastal Conservancy.

A final point on public access has to do with prescriptive rights. In brief, prescriptive rights deals with the legal doctrine of implied dedication, which grants the right of pass and repass over private property to the public if they have not been restricted from pa ssing over that property for a specified number of years. Prescriptive rights may be considered where appropriate, especially, if development does not occur in the near future and if access is not acquired as a condition of development. However, there are no areas in the National City coastal zone where prescriptive rights have been determined to exist. New development, however , should be reviewed to determine that it will not interfere with desirable public access that may be established on or across private property. In addition, it would be in the public inter est to provide for controlled access with appropriately designed development, whether public or private.

16 POLICY RECOMMENDATIONS

1. New public shoreline accessways shall be designated to and alon g Paradise Marsh and the Sweetwater River Channel as generally shown in Figure No. 4.

2. Public accessways as designated in Condition Number One shall b e provided in conjunction with new development and protected through public access easements or other suitable means of conveyance.

1. In the event that new development is not forthcoming, it is the City’s policy toIn order to provide new public shoreline accessways, the City will seek the assistance of the Coastal Conservancy, or other appropriate agency, to acquire, plan, and finance public shoreline access.

2. The precise location, design and identification of public accessways shall be consistent, to the maximum degree feasible, with the coastal access standards prep ared jointly by the Coastal Commission, resource agencies, and the Coastal Conservancy.

3. As indicated in the General Plan, it is the City’s policy that the Bayshore Bikeway continue its development south of Bay Marina Drive

2.4.Alternative modes of access to N ational City’s Bayfront shall b e actively encouraged.

Specifically, the trail systems proposed as a part of the Army Corps Sweetwater River Flood Control Channel project, which would provide linkage from National City’s Bayfront to inland areas, are supported.

3.5.All new development shall incorporate adequate on-site parking to accommodate the parking demand generated. The number of required parking spaces for ne w development shall be determined during the implementation phase of the Local Coastal Program, but shall be, at a minimum, consistent with the schedule of parking requirements o f the Municipal Code. (Appendix III).

4.6.A new access road located westerly and parallel to the Paradise Marsh would extend southerly from the vicinity of Harrison Avenue at 24th StreetBay Marina Drive to the National City Boat Launching Facilities and future marine oriented, commercial/and or recreational uses. A buffer shall be provided between the roadway and the marsh. A Specifi c Plan shall be prepared to identify desirable buffering between the marsh and roadway, loc ated in the upland area west of Paradise Marsh. It should also proposed landscaping or othe r design elements to provide visual linkage and identity for the Paradise Marsh area and appropriate visual separation from the industrial area to the west and freeway to the east.

New development shall not interfere with desirable public access that may exist or be established by public use on or across private property., i.e., prescriptive rights. Desirable public access shall include access to natural or constructed coastal, recreational resources, except where necessary to

17 protect fragile coastal resources or public safety, or where adequately provided for in another area.

Development projects shall be reviewed to determine evidence of public use.

CHAPTER 1V

RECREATION

COASTAL ACT POLICIES

Sections 30212.5, 30213, 30220-30223, and 30256(c) require the provision of public and low-cost recreation and visitor-serving facilities, and the protection of coastal water and land areas that are suitable for recreational use. Also, visitor-serving commercia l uses designed to enhance public opportunities for coastal recreation are assigned a higher prio rity than other private residential or general commercial development. As previously discussed, the Balanced Plan creates new low- cost visitor serving amenities for the public ; s u c h a s a : A dry boat storage facility, RV Park, expanded park spaces, boating finger piers, and improved access to the bay.

EXISTING CONDITIONS

As mentioned in the previous section on access, the majority of National City’s Bayfront is either under the jurisdiction of the United States Navy or the Unified Port District. In the case of the Navy lands, public access and recreational use is prohibited. The majority of the Port's holdings are developed with large scale industrial marine uses. The only provision for public recreation within the general area is the launching ramp and park provided by the Port. Approximately 7 acres of land area are devoted to this recreational use. The Port Master Plan reports that continued heavy use of the launching ramp and park is anticipated, and that the area is plagued with problems of vandalism and crime.The District has developed recreational opp ortunities in Pepper Park, the Aquatic Center, and the Pier 32 Marina. While all of these are within the Dist rict’s jurisdiction, they do offer recreational opportunities and public access to both National City residents and the general public.

Also, as referenced in the section on Public Access, unauthoriz ed off-road vehicle activity has been taking place on the undeveloped tidelands located east of the launching ramp and park. The ORV activity has also extended into areas within National City' s jurisdiction around the Paradise Marsh, and the "D" Street fill in Chula Vista. Because of surveillance problems and intrusion into sensitive resource areas, the Port District has erected a fence around the perimeter of the area.

The only area within National City's portion of the Bayfront that is suitable for recreational use are the lands around Paradise Marsh. These lands are now privately owned and are not developed for any public recreational use. The City of National City has lon g recognized the potential of the Paradise Marsh area, and has examined this potential in both the General Plan and precise planning documents.

EXISTING PLANNING AND ZONING

A discussion of the General Plan designations and policies relative to the recreational potential of the Paradise Marsh is presented in the preceding section on Public Access. Rather than duplicate

18 that discussion, the primary proposals of the Sweetwater River Flood Control Channel plans will be examined.

SWEETWATER RIVER PLANS

ARMY CORPS-FLOOD CONTROL CHANNEL

The recreation element of the Army Corps of Engineers' Sweetwater River Flood Control Channel Plan calls for bicycle, equestri an and pedestrian trails along the length of the channel on levees that would connect with the National City Bayfront and the Coun ty's Sweetwater Regional Park.

A bicycle staging area is proposed to be located in the vicinity of the existing boat launching ramp, and would provide easy access to the Bay Route Bikeway. Also proposed are shoreline access and recreational features along the northern shore of the channel i n the area easterly of the launching ramp.

SAN DIEGO COUNTY - SWEETWATER REGIONAL PARK

The purpose of mentioning the County’s Sweetwater Regional Park is to highlight the potential of linking three recreational areas together: National City's Bayf ront, Army Corps' Flood Control Channel, and the County’s Regiona l Park. Such linkage is espec ially significant in terms of providing an access to and from inland areas and offering a high quality recreational experience.

ANALYSIS

DEMAND

To quote from the California Coastal Plan,

"The California coast provides an almost endless variety of rec reational opportunities for people to play, to be refreshed, and to be inspired: wide sandy beaches for cooling off from the heat of the city, rocky head lands for exploring; high bluff s for watching the ever- changing ocean; waters for swimming, boating, surfing, and fish ing; and tide pools, sea caves, and coastal wetlands for nature study. In short, the co ast is a major provider of recreation important to the quality of life in California."

Even with the many public and co mmercial recreational opportuni ties and facilities which exist along the coast, a shortage of f acilities persists for almost e very popular recreational activity.

According to the Coastal Plan, a reason for this situation is t hat 85% of California’s population lives within 30 miles of the o cean. Although the exact demand for specific types of recreational facilities is difficult to project, studies universally indicat e a continued high demand for the traditionally popular coastal activities such as fishing, sight seeing, beach and general day use throughout the southern portions of the state.

These same findings are particularly true for the San Diego coast. The CPO Coastal Access Study conservatively estimated that part icipation in recreational activities at coastal areas will grow by at least 55% over the next 20 years. The study also shows that the activities pursued by the highest

19 number of participants are sunbathing, walking and swimming. Whereas sunbathing, walking and swimming are the most popular coa stal recreational activities, the two activities which probably have the greatest unmet demand are beach camping and boating. San Diego County’s Regional Park Implementation Study states that the greatest unmet recrea tion need is for beach camping, and projected that, in 1980, 10% to 15% of the demand for overnight facilities would be met. With respect to boating, the Port District projected that available slip sites might be exhausted by 1985.

Of particular importance to National City is the fact that ther e is a pent-up demand for coastal recreation opportunities throughout the state and San Diego. B ecause the South Bay has comparatively fewer recreational areas than other coastal areas in the San Diego Region, it could be deduced that there is even a larger unmet demand for coastal recreation in the South Bay. Not only is there demand, but the activities which are most popular or in greatest demand are those which are especially suitable to National City’s Bayfront.

ENVIRONMENTAL CONSTRAINTS.

When discussing, in specific term s, the recreational developmen t of National City’s Bayfront in accordance with Coastal Act policy, the market, traffic usage, acc ess, and other environmental constraints must first be considered. The Environmental Impact Report of 2022 considered these factors in developing the Balanced Plan development program. Th e Balanced Plan was a careful balance between maritime - related industrial and the crea tion of new recreational facilit ies and uses. the environmental constraints must first be considered. In other words, what areas should be preserved, and what areas should be developed?

As explained in the Marsh Prese rvation discussion, the preservation of coastal wetland areas is a paramount objective of the Coastal Act. It is the position of both the U.S. Fish and Wildlife Service and the State Department of Fish and Game, that Paradise Creek Marsh is tidal marsh, and is an important and inseparable part of the Sweetwater Marsh complex. Any new recreational uses should be passive in nature. The obvious conclusion, based upon the Coastal Act and the mitigation plans for the Sweetwater River Flood Control Channel to acquire the Paradise Marsh, is that development in the marsh for intensive recreation cannot be considered. Both of theseBoth features are within federal ownership and are protected by existing regulations.

Realistically, restoration will be required to turn Paradise Ma rsh into a natural attraction. One factor that will have a positive influence is the construction of the Sweetwater River Flood Control Channel. Not only should the flood control channel improve water circulation to Paradise Marsh, but as a mitigation it is also proposed that the connection to the marsh be reconditioned. Another possible avenue to follow would be the involvement of the Coast a l C o n s e r v a n c y . A s i m i l a r restoration program is now underway for the San Dieguito Lagoon in Del Mar. Through funding by the Conservancy, a restoration plan for San Dieguito Lagoon was prepared. The Conservancy also funded the preparation of t he engineering studies to accom plish the restoration work. Joint efforts with the Bayfront Conservancy Trust should also be cons idered. Enhancement of the Paradise Marsh could have seconda ry, beneficial effects to the Chula Vista Bayfront and Nature Interpretive Center.

20 With respect to the recreational potential of the marsh and its surrounding lands, a passive concept conducive to preservation should be observed. A logical separation between passive recreational uses and more active commercial recreational uses would be the SD&AE spur line that runs to the west of Paradise Marsh. To ensure that the area will be utiliz ed by the public, it is proposed that accessways be sited along the edges of the marsh in a controlle d manner. It is also proposed that one or two viewing platforms be allowed adjacent to the wetland area in order to facilitate the observation of the wetland’s flora and fauna. Such development would be consistent with Section 30233(c) which allows nature study activities to be located in wetland areas.

Beyond the SD&AE spur line, areas can begin a transition to a more active use. While no active play fields are proposed, landscaped areas that are suitable fo r picnicking and Frisbee throwing, etc., would be appropriate.

As a design element that would provide separation and a functio nal element that would provide access, a new road is proposed. As discussed in the Access section, the road would intersect 24th Street between the AT&SF and SD&AE railroad tracks and would ru n parallel with the tracks to the point at which it would turn or branch to the west and would provide access to 32nd Street and the Boat Launch facilities. Thi s new road would provide better access to the area since it would bypass and eliminate the potential conflict with industrial traffic along Tidelands Avenue and 24th Street. Of equal importance, the road would open the area for recreational development. The road would also improve visual access and identity of the Paradise M arsh area. Specific roadway improvements will be determined by review of development projec ts. A Specific Plan will need to address traffic circulation and roadway improvements in conj unction with development plans for the tourist commercial area west of Paradise Marsh.

The area located west of the railroad spur, designated for tourist commercial and recreational use, within the jurisdiction of National City is approximately 30 ac res, including 23 acres owned by the Santa Fe Land Company, the SD&AE railroad and SDG&E right-o f-ways. However, additional vacant land totaling 15 acres, under the jurisdiction of the Port District, lies adjacent to the west. The Port’s Master Pla n designates the area for comme rcial recreation and Public Park.

It is important to emphasize that the development of this area should be closely coordinated with the Port during the project planning phase. Also, to ensure a well-integrated and quality development, the concurrent development of both the National Ci ty parcel and the Port District parcel should be encouraged.

Although the tourist commercial recreation designation covers a broad range of uses, one or two anchor uses should be sought for the area. Particularly approp riate for the area would be an overnight use and a boating relate d use, the two activities whi ch the greatest unmet demand.

Desirable forms of overnight use include hotel or motel facilit ies, and/or a recreational vehicle park/campground complex. Such uses, in a close proximity to th e Port’s launching ramp and the Army Corps’ proposed recreational features, would have apparent possibilities. Development of a marina on adjacent Port District property may be appropriate. With the proposed extension of the channel for the flood control project, increased boat usage will become even more desirable.

Other boating related facilities that would be appropriate incl ude a dry-storage area and a sales/service establishment. Again, available space for boat s torage near San Diego Bay is at a premium and the situation is only going to become tighter. A s tacked or tiered dry-storage area,

21 similar to that at Perez Cove on Mission Bay, would be a desirable use at the National City location.

With an overnight use and boating use serving as anchors, it ca n be expected that other related uses such as eating establishments and specialty shops will be attracted to the area.

When assessing the potential for recreational development along National City’s Bayfront, there are several additional factors which should not be ignored. One factor is the proximity to the 24th Street MTDB station. Although it is over a mile away and probably beyond comfortable walking distance, the station has a park ing lot and provides direct ser vice to such destinations as Tijuana, Seaport village, and downtown Sa n Diego, Another consideration is the numerous bicycle trails which are being proposed in the area. Using National City as a starting point, bicyclists could easily reach the Bay Route Bikeway and the Sweetwater River Cha nnel Bikeway. A final consideration is that the development of the area, especially with overnight uses, will do much to solve the problems of crime and vandalism in the area.

The 24th Street Bay Marina Drive trolley station and freeway access (to I-5 and State RouteRt. 54) at 24th StreetBay Marina Drive provide opportunities for tourist commercial development in th e area north of Paradise Marsh, currently developed with meat pac king facilities and parking lots.

Streetscape and roadway improveme nts, or separated pedestrian f acilities would be needed to improve pedestrian access from the trolley station under I-5 to the area.

Tourist commercial development at 24th StreetBay Marina Drive north of Paradise Marsh would provide a gateway to National City’s Bayfront as well as to the Port. It would provide facilities such as restaurants, hotel or motel and other complementary uses to those intended at the Bayfront itself, west of Paradise Marsh. It should be developed to enco urage bicycle and pedestrian users since it is within close proximity to both the trolley station and the recreational area along the Sweetwater River Channel.

POLICY RECOMMENDATIONS

1. The National City Bayfront shall be designated for tourist commercial and recreational use, as indicated in the Land Use Plan ( See Figure 2). 1). Using the SD&AE railroad as a point of demarcation, consistent with the wetland area proposed for acqu isition by the Army Corps of Engineers, the area located to the east, including Paradise Marsh and surrounding lands, shall be designated suitable for passive recreational uses only. The areas to the west and to the north of the Marsh shall be designated for tourist commercial and rec reational uses. Wetland resources located west of the railroad,Bayshore Bikeway which are not proposed for public acquisition, shall be protected from incompatible development, consistent wi th marsh preservation policies.

2. The passive recreational area would accommodate the preservatio n of Paradise Marsh, along with the provision of public acce ssways and landscaped areas. Public access would be provided and managed consistent with the public access componen t of the LCP and the maintenance of wetland resource values. Beyond this area, a tr ansition to more active uses could begin. Landscaped areas suitable for picnicking and gene ral recreation may be appropriate.

22 3. In order to meet specific recreational market demands and provide an attraction for secondary uses, overnight uses and boating uses shall be assigned the hig hest commercial development priority for the commercial recreational areas. For the area west of Paradise Marsh, appropriate uses, as described in the Balanced Plan , include marina development, hotel/motel and restaurant facilities, recreati onal vehicle park/campground, dr y-storage and boat service facility, and/or public park areas. For the area north of Paradise Marsh, hotel/motel facilities, restaurants and other tourist commercial use would be appropria te. The intensity of development shall be reviewed for impacts on traffic circulatio n. A Specific Plan shall be prepared to address traffic circulation and roadway and other improvements, in conjunction with development plans for the tourist commercial area west of Paradise Marsh. The Specific Plan shall determine the location of roadway improvements, base d on resource protection standards, i.e., consistency with marsh preservation policies.

Tourist commercial development in the above referenced areas shall be consistent with existing or currently planned road capacities to the north and south of the proposed tourist commercial area, including the planned extension of Harrison Avenue and the Tidelands Avenue crossing proposed in the City of Chula Vista Bayfront LCP. The intensity of development shall also be reflective of the constraints placed on these roadways by the M arsh Preservation policies of this Plan. Approval of these land uses shall not be considered precedent for increasing the capacity of the roads to the north and south of the tourist commercial area.

4. A higher quality project and a better design should result from such coordination and a more viable development will likely be attracted to the area.

4. As previously denoted in the Balanced Plan and in order to develop the tourist commercial and recreational area west of Paradise Marsh coordination with the Port District for concurrent development of Port District lands shall continue to be encouraged.

5. To enhance the recreational pote ntial and attractiveness of the National City waterfront, the restoration and protection of Paradise Marsh continues to be imperative and a continued City policy.of Paradise Marsh is a desirable program. A feasible restorat ion program shall be determined with the potential assistance of the Coastal Conserv ancy, or other appropriate agencies, to finance, plan, and implement such a restoration program. The program shall also involve coordination with the B ayfront Conservancy Trust in its efforts to finance, plan and implement a restoration program, including access and recreational features. .

6. To ensure that the recreational potential of the area is maximized, development shall take into account the proximity to the MTDBMTS ’s “San Diego Trolley System”, the Bayshore Route Bikeway, and the Sweetwater Rive r Flood Control Channel’s recre ational areas and trails systems, as well as recreational uses planned for the adjacent Chula Vista Bayfront and other waterfront development on San Diego Bay.

24 CHAPTER V

MARSH PRESERVATION

COASTAL ACT POLICIES

Sections 30230, 30231, and 30236 require the preservation, enhancement, and restoration of water and marine resources including co astal waters, streams, wetland s, estuaries, and lakes. Sections 30233 and 30235 establish conditions under which diking, dredgi ng, filling and the use of shoreline structures may and may not occur. Section 30233 (c) limits dredging related to maritime industries and facilities, minor public facilities, restorative measures, and other marine dependent uses. in the 19 priority wetlands identified by the Department of Fish and Game to minor public facilities, restorative meas ures, and nature study. Section 30240 provides for the protection of environmentally sensitive habitat areas by restricting uses within or adjacent to such areas.

EXISTING CONDITIONS

The Paradise Creek Marsh in southwest National City consists of two areas comprising a total of

29.8 areas, as described in the Working Paper on Paradise Marsh Biological Resources. The main area, 26.1 acres is size, is located west of Interstate 5 (I-5) , within a 40-acre area designated as Open Space Wetland Preserve (OSR) in the Land Use Plan. A seco nd area of approximately 3.7 acres lies east of I-5 and is connected to the main area by a culvert. It is designated as OSR in the Land Use Plan. Paradise Creek, partly in a meandering original channel and partly in a new channelized straight course, leads from the northeast corner of the main area to join the Sweetwater River south of the National City-Chula Vista border. Because o f the Sweetwater River’s connection to San Diego Bay and the low elevation of the area, the marsh is subjected to tidal action.

The main area is bounded on the east by I-5, on the west of the Bayshore Bikeway by San Diego and Arizona Eastern railroad tracksMarina Way, and on the north by medium manufacturing along 24thTwenty-FourthBay Marina Drive Street . The southern boundary of the subject area is the National City-Chula Vista city line, but the wetland extends 1,800 more feet (20 more acres) south to the junction of the Paradise Creek channel with the Sweetwater River. This main area contains a large 9.4-acre section of coast al salt marsh represented by t he Cordgrass, Saltwort, and Pickle weed habitats. The salt marsh surrounds a small intertidal fla t and is itself surrounded by slopes leading to higher upland sites. O n each side of a newly dredge d channel are large, flat expanses of fill which support a salt pan with occasional patches of vegetation.

The secondary area is bounded on the east by Hoover Avenue, on the north by light manufacturing properties along West Thirtieth Street, and on the south by more light industry. The Metropolitan Transit Development Board’s transit line is the west boundary. About one acre of coastal salt marsh and an equal area of salt pan lie within the area. Above and north of this area is a terrace of disturbed upland, most likely a former roadbed. Slopes lead up from here to the building sites at the north edge.

Paradise Creek originally flowed into the Paradise Marsh area, then west into San Diego Bay.

Presently, Paradise Creek enters the main area from a culvert at the northeast corner of the marsh.

25 Before entering the marsh, the creek runs in a channelized bed nearly 4,000 feet long. It drains approximately 1.5 square miles of upland National City. Almost half of its length within the marsh is the original meandering channel; the remaining length is a s traight channel leading to the Sweetwater River. At the National City-Chula Vista border, the channel is about 28 feet wide.

The sides are steep and the almost flat bottom is under about t wo feet of water at low tide of -1.5 feet. There are many small tidal creeks connected to the meand ering part of the creek and a few incipient tidal creeks along the straight part. Another stream flows from a storm drain at Hoover Street, through the second marsh area and a culvert, and then joins Paradise Creek.

Historically, the wetlands of California have been subjected to severe alteration by mansignificant development. In 1900, California had 381,000 acres of wetlands, and south ern California, from Santa Barbara County to San Diego County, had 26,000 acres. California’s coastal wetlands have been reduced to 126,000 acres, a 67 percent reduction. Southern California’s wetlands have been reduced by a similar percentage to 8,500 acres. Within the sli ghtly larger Southern California boundaries, between Morro Bay and Ensenada, Mexico, three of the original 28 sizeable estuaries have been destroyed, ten drastic ally modified, and 15 moderatel y modified, leaving none untouched. San Diego Bay has lost an even higher percentage of its wetlands; it has 360 acres of salt marsh plus 600 acres of tidal flats remaining from an original 2,450 acres and 1,200 acres - an overall loss of 74 percent.

The land surrounding the marsh has been heavily impacted by man through industry, major highways, dredge, and historic fill operations. and fill operations, parks and all-terrain vehicle (ATV) activity. The marsh itself has been impacted by ATV, pedestrian activity and rubbish dumping. These man-induced impacts can be traced back to 1888 when a pier was built at the end of Twenty-Fourth Street. The open area to the west of the marsh was filled in 1946. Construction of the 1,960-acre Twenty-Fourth Street Terminal began in 1967. The area between Paradise Creek and San Diego Bay was filled in 1968, and the channel was dredg ed between Paradise Creek and the Sweetwater River. The land around the dredged channel is, for the most part, bare fill. The D Street fill in Chula Vista was formed in 1969, covering an area of 108 acres. It has eroded on its western edge, depositing sediment into a 26-acre tidal flat, degrading the tidal flat habitat. Due to creation of the Twenty-Fourth Street Marine Terminal, the dredg ing of the Twenty-Fourth Street channel and filling of some wetland area, another channel was dredged in 1969 to divert Paradise Creek south into the Sweetwater River.

Today, Paradise Creek is a remnant of a formerly extensive marsh system. It once joined with the Sweetwater River Marsh to create a continuous estuarine area all along National City’s shoreline, and extended inland beyond National City Boulevard. It is now reduced to 29+ acres and is separated from the Sweetwater Marsh by the D Street fill. Stil l, the Sweetwater-Paradise Marsh complex is the highest quality marsh remaining in San Diego Bay.

EXISTING PLANNING AND ZONING

The Natural Setting Section of t he National City’s Updated Gene ral Plan contains several policy statements recommending the preservation of Paradise Marsh. For example:

26 Policy F. The City will preserve open space as necessary and de sirable to conserve natural resources, to provide adequate recreation, and to protect public health and safety.

Policy H. The City will support efforts by the Coastal Commission and Army Corps of Engineers state and federal resource agencies related to preserving valuable natural habitats in the Paradise Marsh and Sweetwater River areas.

Implementation Policy 9. Seek imp lementation of the adopted Local Coastal Program’s Land Use Plan, regarding preservation and upgrading enhancing of natural resources in the Paradise Marsh and Bayfront areas of the cCoastal zZone in National City.

National City’s Combined General Plan/Zoning Map designates the Paradise Marsh as Open Space Reserve (OSR). The secondary area of the marsh, that which is located east of I-5, is also designated as Open Space Reserve. The designation is applied p rimarily to implement the Local Coastal Plan, regarding preservation of open space wetland area s and passive use of the land for limited nature study purposes.

The Paradise Marsh area is also located within the Floodway Fringe (FF-1). This zone is applied to those areas of special flood hazard designated as Floodway Fringe on the “Flood Boundary and Floodway Map” of the Federal Flood Insurance Study. Before development can proceed within a special flood hazard area, a Flood Hazard Development Permit must be obtained concurrently with routinely required development permits. The FF-1 zone establis hes the development standards with which development must comply to receive the Flood Hazard Development Permit.

Another project that would impact the Paradise Marsh area is th e joint Army Corps/Caltrans Sweetwater River Flood Channel - Highway 54 Proj ect. The Paradise Marsh would be acquired as mitigation for the construction of the flo od control channel. Also, the connection between the marsh and the flood control channel woul d be restored to improve tidal flow.

ANALYSIS

RESOURCE VALUE

The value of the Paradise Marsh includes, but is not limited to, the following:

1. Through photosynthesis of algal species, the marsh provides an oxygen supply for the waters of San Diego Bay, necessary for survival of fish species and na tural pollution impact abatement.

2. Flushing of plant and animal detritus from the marsh provide s organic matter important for food chains in the bay and protection from sea level rise.

3. The marsh acts as a nursery for at least nine fish species, including several important sport fish species.

27 4. The wetland habitats are extremely important wildlife areas, supporting a very high diversity of bird species. These include a number of sensitive species, i.e., Belding’s Savannah Sparrow, and potentially the Light-footed Clapper Rail. The wetlands al so are an important stopover point for migratory species along the Pacific Flyway.

Potential uses for the wetlands, if preserved, are:

1. Basic scientific research, na ture study, or educational uses;

2. Passive recreation (i .e., bird watching);

3. A possible source for applied research into the use of marsh sp ecies to introduce salt- tolerant genes into economically important plants (in agricultu re), through selective cross- breeding.

IMPACT ON MARSH

The biological resources of the Paradise Creek Marsh have been affected by both past and current impacts. Past impacts to the marsh, which changed is character and size, were reduction in total area of wetlands, landfill activities, and channel alteration o f Paradise Creek. Current, ongoing impacts to the biological resources include off-road vehicle ac tivity, rubbish disposal, and sedimentation and pollutant deposition from urban runoff.

The most adverse of these impacts is by off-road vehicle activi ty, especially in the southern salt- pan habitat. There is also evidence of refuse and commercial w aste dumping along the northern and western margins of the salt marsh from the meat packing pla nt and railroad easement. The secondary area, to the east of I-5, has been degraded to a grea t extent by landfill, erosion, and vehicular activity. Preservation of the Paradise Marsh will require reduction of the current impacts of off-road vehicles, rubbish and commercial waste dumping into the marsh, and, at a minimum, maintenance of current sedimentation and total dissolved solids in runoff at or below present levels.

PRESERVATION CONSIDERATIONS

One technique ofmitigation measure for preserving wetlands commonly referred to is the provision of a buffer area between the wetland and development. The Coas tal Commission and other resource agenciesgenerally recommend s that development be set back 100 feet from the delineatedlandward edge of a wetland. The 100-foot-wide buffer may be increased or decreased in consultation with the Department of Fish and Game.resource agencies. The purpose of the 100- foot buffer is to ensure that the type and scale of development will not significantly degrade the adjacent habitat area. The distinction must be made, however, that the application of the 100-foot buffer assumes that the area surrounding the wetland is substantially undeveloped. With respect to Paradise Marsh, the wetland is almost entirely surrounded by existing industrial development and transportation corridors , including lumber storage yards , automobile storage, , and I-5 , and State Route 54 rights-of-ways.. , slaughter houses, steel fabricating plant, I-5, and rights -of-way for the AT&SF and SD&AE Railroads. In most locations, this existing development lies

28 immediately adjacent to the landward edge of the wetlands. In such situations, the Commission’s guidelines recommend that new d evelopment observe an appropriat e setback based on unique characteristics of the property. It should also be noted that the marsh areas recommended and required for acquisition as mitigation for the Sweetwater River Flood Control Channel/Rt. 54 freeway projects were determined to include necessary buffers for protection of wetlands.

In order to preserve the marsh, it is essential that the marsh be open to tidal flushing. Salt marshes need nitrogen, and preliminary fertilizer experiments have indi cated that a marsh could be more productive if more nitrogen were available. One important source of nitrogen is ammonium from the ocean via tidal flushing. For example, in the Tijuana estu ary, flushing can supply 1.0 - 2.16g nitrogen per square meter per yea r (28 percent of the nitrogen required for vascular plants, 10 percent of that required by vasc ular and algal plants combined) . Another source of nitrogen is mineral recycling within the marsh itself, partly through decom position. Also, tidal flushing exports about 30 percent of the marsh’s net primary productivit y to the ocean. For example, organic carbon leaves the Tijuana estuary at the rate of 35-105g carbon per square meter per year, mostly in the dissolved form. Since little particulate organic carbon (i.e., carbon in detritus) leaves, it is assumed that the detritus is consumed within the marsh and is a partial source of nutrients.

Lowered tidal flushing has seve ral possible effects. In years of high rainfall, it could lead to increased production, as happened in Los Penasquitos Lagoon in 1978. Less organic matter is lost to the ocean and is available for recycling. Soil nutrients re main high. Higher production by vascular plants initially appears to be an advantage, but algal productivity can suffer due to shading and may upset the balance of detritus versus grazer-based food chains. Detritus-feeders consume broken plant parts where grazers feed on the algal mats that grow between the vascular plants.

In years of low rainfall, lower tidal flushing can lead to hyper-salinity of the soil, which can reduce productivity, leading possibly to the elimination of some species. For example, Cordgrass cannot tolerate either high salinity or widely fluctuating salinities, and a population of Light-footed Clapper Rails would disappear from an area if it were deprived of Cordgrass for its nesting sites.

It has been hypothesized that Los Penasquitos Lagoon lost its C ordgrass between 1942 and the 1970’s due to altered tidal circulation.

As mentioned previously, the essential measure necessary to guarantee the preservation of Paradise Marsh is the maintenance of tid al flushing. As long as the mar sh is kept open to tidal flushing, and as long as the major input of freshwater continues to be runoff from the upstream areas rather than industrial discharge, the existing water quality will be maintained at acceptable levels. Other management alternatives, such as implementing increased street sweeping programs or sediment control measures in selected sub-basins, do not appear to be necessary on the basis of the data and results presently available.

RESTORATION CONSIDERATIONS

As proposed, the Sweetwater River Flood Control Channel would h ave an overall beneficial impact upon the biological resources of Paradise Marsh. The rea son for this, in addition to the preservation of the marsh itself through acquisition, is the re storation of the marsh’s primary

29 connection channel. The intended result of these actions is to increase the rates of tidal flushing, thereby improving the productivity of the marsh.

Consideration of restoration activities should definitely not be limited to the connection channel.

Improving the tidal inundation of the main marsh itself would r esult in a more productive habitat and an increased number and diversity of wildlife utilizing the marsh. In addition, the marsh could become an aesthetic asset of National City's Coastal Zonecoastal zone.

In general, restoration of the a rea would entail removal of som e of the fill from the present high salt-pan to the south of the mar sh itself and in the secondary area to the east of I-5, and re - channelization of these two areas. It would be desirable to complete these actions in conjunction with construction of the Sweetwater River Flood Control Channel project in order to minimize disruptions to the wetland and wildlife.

POLICY RECOMMENDATIONS

1. The wetlands of the Paradise Creek Marshes well as the secon dary area of Paradise Marsh, east of I-5, including salt marsh, freshwater marsh, salt-pan, channel, and mudflat habitats, are valuable and sensitive biological resources, and shall be p r e s e r v e d . T h e p l a n designation for these areas shall be OPEN SPACE/WETLAND PRESERV E; t . The boundaries of the “Open Space Wetland Preserve” areas include t he marsh area required for acquisition by the Army Corps of Engineers for the Sweetwat er River flood control improvements, marsh area within Caltrans right-of-way easterly of the SDG&E rights-of- way, and the secondary area of Paradise Marsh east of the I-5 f reeway. The Sweetwater River area, south of 35th Street , designated for industrial and commercial use ;, and the wetlands located west of the railroad, which are not proposed f or public acquisition, also contain valuable biological resour ces which shall be preserved under an overlay zone or other appropriate, implementing regulation which shall be defin ed in the implementation plan. The overlay zone or implementing regulation shall include requirements for mapping all wetlands not included in the “Open Space Wetland Reserve” l and use designation, execution of open space easements over identified resources and their buffers in conjunction with new development and a determination of appropriate buffers for any new development.

2. In order to preserve Paradise Marsh ,; the wetlands located west of the Bayshore Bikeway;, ; railroad, which are not pr oposed for public acquisition ; the secondary area of Paradise Marsh, east of I-5; and the Sweetwater River south of 35th Stre et shall be subject to the following policies:

 Alteration shall be limited to marine- dependent uses, minor incidental public facilities, restoration measures, and nature study. Consistent with the provisions of Section 30233, the diking, dredging and filling of wetlands, open waters, estuaries and lakes shall be permitted only where there is no feasible le ss environmentally damaging alternative, and where feasible mitigation measures ha ve been provided to minimize adverse environmental effects, and shall be limited to the following:
incidental public service purposes , restoration purposes, and n ature study. There

30 shall be no alteration of Paradise Marsh, the wetlands located west of the railroad which are not proposed for public acquisition, as well as of th e secondary area of Paradise Marsh, east of I-5, and the Sweetwater River south of 35th Street, except as determined by a marsh restoration program which has been app roved by the California Coastal Commission.

 The dumping of rubbish or commercial waste into the marsh areas shall be prohibited.

 The intrusion of off-road vehicles and unauthorized pedestrian traffic into the marsh areas shall be discouraged.

 the Department of Fish and Game. A buffer area less than 100 f eet wide may be permitted, depending upon the analysis of the specific site pro posed for development. Examples which may demonstrate that a lesser dist ance would be acceptable include but are not limited to the type and size of development, proposed buffer improvements such as landscaping or fencing, and existin g site characteristics such as a grade differential between a marsh ar ea and adjacent upland area, existing development in the area, and parcel size and configuration.

Consistency with buffers required as part of the Sweetwater Riv er Channel/Rt. 54 project shall also be considered in order to determine appropri ate buffers less than 100 feet wide. The buffers shall be determined with the concur rence of the State Department of Fish and Game.
 A buffer area shall be established for new development adjacent to wetlands. A 100 ft. distance from the edge of the wetland shall generally provi de an acceptable buffer. The required distance may be increased or decreased based on consultation with state and federal resource agencies.

3. To enhance the habitat and aesthetic value of Paradise Marsh , the wetlands located west of the railroad, which are not pr oposed for acquisition, as well a s the secondary area of Paradise Marsh, east of I-5, and the Sweetwater River south of 35th Street, feasible restoration activities shall be encouraged. Feasible restorati on activities shall be determined with the potential assistance of the Coastal Conservancy, or other public agency or private group, including the Bayfront Conservancy Trust, to finance, plan, implement and manage a restoration program. The recommended elements for a restoration program include:

 A public access and information program that would be designed to allow observation of the marsh, while controlling in trusion into the marsh itself . A component of the access program should be an interpretive nature trail along the western margins of Paradise Marsh, which could connect with an observation platform.

 The removal of all rubbish and debris from the marsh through a volunteer effort, or the California Conservation Corps.

31  The dredging of Paradise Marsh, consistent with a marsh restoration program, prepared in consultation with the California Department of Fish and Game and approved by the California Coastal Commission, possibly concurrent with the con struction of the Sweetwater River Flood Control Channel, to improve tidal flow a nd flushing.

Dredging shall be restricted to existing tidal channels.

 The encouragement of a scientific research program.

4. Proposed new development, including roadways, located adjace nt to the wetlands of Paradise Marsh, the wetlands located west of the railroad which are not proposed for public acquisition, the secondary area of Paradise Marsh, east of I-5, and the Sweetwater River south of 35th Street, shall be d esigned to discourage the intrusion of pedestrians, vehicles, or domestic animals into the marsh through physical barriers su ch as fencing and/or landscaping with appropriate non-invasive species. In associat ion with new development or remodeling of existing development contiguous with the wetla nds, including roadways, drainage shall be directed off-site toward the Sweetwater River Flood Control Channel, or to existing street drains, whenever possible, or channeled into a settling area before entering the marsh. Potential increase in the rate of storm-water runoff, which may result from new development, including roadways, adjacent to wetlands, shall be controlled by detention basins or other means to avoid impacts of erosion and sedimentation on wetlands. The size, design and placement of such sedimentation control devices shal l be developed in consultation with the State Department of Fishstate and federal resource agencies and Game prior to or concurrent with the commencement of construction an d shall be installed and maintained by the developer, or any successors in interest.

5. Wetlands in private ownership, which may be located in the C T, C and M, as well as OSR designated areas, shall be protected from development through the application of an overlay zone or other appropriate, imple menting regulation proposed in P o l i c y # 1 . N e c e s s a r y protective measures, including adequate buffers, regulations regarding the design and siting of structures, etc., and open space easements shall be determined during review of proposals for development, by application of criteria to be specified in the LCP Implementation Plan.

6. Landscaping in areas adjacent to wetlands shall include plants only which are not invasive of wetlands.

7. Specific erosion control measures shall be approved, incorpo rated into development, be in place at the initial phase of work, monitored and maintained in conjunction with all grading activities, consistent with Section X (B) (4) (k) of the Implem entation Plan, during the period of November 1 to April 1 of each year for all properties which drain directly to marsh and wetland areas. These propert ies shall include all properti es located in the following areas:

All properties between 35th Str eet and the southern City limits;

All properties in the area lying between 33rd Street, Hoover A venue, 30th Street, and the MTDB San DiegoMTS Trolley lLine;

32 All properties in the City’s jurisdiction located westerly of Highway I-5 and south of 24th StreetBay Marina Drive.

( N O T E ) : T h e p r e c e d i n g h a s b e e n l a r g e l y p a r a p h r a s e d f r o m t h e w ork conducted by Regional Environmental Consultants (RECON), on the biological resources of Paradise Marsh. RECON’s report is incorporated as Appendix II of this Land Use Plan. Al l r e f e r e n c e s f o r t h e M a r s h Preservation section are in RECON’s report, and are not duplica ted in the reference list for the overall Plan.

34 CHAPTER VI

VISUAL RESOURCES

COASTAL ACT POLICIES

Section 30251 of the Coastal Act calls for the protection of the scenic and visual qualities of coastal areas, and, where feasible, to restore and enhance visual quality in visually degraded areas.

EXISTING CONDITIONS

The industrial character of National City’s Bayfront generally does not provide generally scenic values commonly associated with the natural resources of the Coastal Zonecoastal zone .

Nonetheless, coastal industrial areas are essential to the econ omy of the City and region.

Recreational facilities were added on the National City waterfront in the early 2000 s w i t h t h e construction of the National City Marina. The Balanced Plan includes the expansion of the existing Pepper Park, adds a dry boat storage facility, RV Park, and pro vides for future hotel projects. At the same time, it allows the marine- dependent industries to continue and to expand. city and region, and their physical form and functional activit y can foster public interest. While such areas do not usually provide for public viewing, observation opportunities can be educational and provide a different perspective to the varied functions of the coastal zone. As an example, a school excursion to the area would offer exposure to a number o f coastal related industrial activities and operations such as container terminals, lumber s torage, railroad transportation, resource recovery operations, and petroleum handling.

The Balanced Plan provides new s cenic areas, vista points, and public access corridors. Within National City, the most notable scenic resource is the Paradise Marsh and , under the Balanced Plan, the marsh osis fully protected along with its public vista points.

On the subject of coastal visual resources, the more commonly r eferred to elements are scenic areas, vista points, and public access corridors. Within Natio nal City, the most notable scenic resource is the Paradise Marsh. Although the area could not be considered pristine and urban development does intrude, the mar sh does provide visual open sp ace which is accentuated by its linkage with Sweetwater Marsh. The best and most accessible va ntage points to view the marsh are along I-5. The shorefront area adjacent to the Port Distri ct’s launching ramp offers vista opportunities of San Diego Bay. In fact, this area has been de signated a vista area in the Port’s Master Plan.

The only public access area to the bay itself is from the existing boat launching ramp. Direct access to the bay is preclude3d by the National City Marine Terminal operated by the Port District. Pasha Automotive is an automobile importer and exporter with many land areas surrounding the Marine Terminal being used as car storage areas. ABay Marina DriveBay Marina DriveThe areas north of the terminal are typical small industrial facilities, as well as and the Port’s maintenance center.

A discussion of the existing visual qualities of National City’s access corridors is in some respects irrelevant. The reason for this is that the only public access area (boat launching ramp) and the immediate access corridor to it (Tidelands Avenue south of 24th Street) are under the jurisdiction

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 B
City-owned parcels proposed to be rezoned 2022-26 LCPA

EXHIBIT C
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 PROGRA M (LCP) AMENDMENT TO R EFLECT 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, at a duly advertised public hearing held on March 21, 2023, the City Council continued the item to their meeting on April 4, 2023; and WHEREAS, the City Council considered the staff report provided for Case File No. 2022-26 LCPA , which is maintained by the City and i ncorporated herein by reference, along with any other evidence presented at said public hearing on April 4, 2023; and

WHEREAS, at said hearing the City Council accepted the findings of the Balanced Plan Environmental Impact Report and adopted by reference the Mitigation Monitoring and Reporting Program; 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 essen tial 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 Counci l supports the following findings:

1. The amendments to the Local Coastal Program 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 be cause 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 transien t 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 Ac t, Division 20 of the Public Resources Code.

Section 2: Based on the findings 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 Cit y 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 4th day of April, 2023.

__________________________
Ron Morrison, Mayor
ATTEST:
_____________________________
Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

_____________________________
Barry J. Schultz, City Attorney

AGENDA REPORT

Department: Community Development
Prepared by: Martin Reeder, AICP – Planning Manager
Meeting Date: Tuesday, April 4, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Authorizing the sale of real properties known as APNs: 559-117-04, 559-117-05, 559-117-06, 559-117-07, and 559 -117-12 & declaring that the properties are no longer needed for City purposes & that such properties are non-exempt under the Surplus Land Act

RECOMMENDATION:

Adopt the Resolution of the City Council of the City of National City, California, authorizing the sale of real properties known as APNs: 559 -117-04, 559-117-05, 559-117-06, 559-117-07, and 559-117-12 and declare the properties as no longer needed for City purposes and that s uch properties are non-exempt under the Surplus Land Act.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Background
The Surplus Land Act requires the Council to declare surplus land to be either exempt or non - exempt land. Exemptions under the Surplus Land Act are narrowly tailored, and the subject properties do not fall within any exemptions under the Act. For non -exempt land, the City must first offer the properties to affordable housing agencies, recreation agencies, tribal governments, and affordable home developers. The notices are called “Notices of Availability” and are sent to over 600 hundred developers and agencies throughout the State.

The subject parcels of the Council action are located at 830 and 835-839 West 23rd Street, 2300 Cleveland Avenue, and 801 Bay Marina Drive, with Interstate 5 to the east of the site and Bay Marina Drive to the south. The parce ls of land total approximately 1.44 acres and are currently zoned as Medium Manufacturing (MM). The parcels are located in the Coastal Zone and as such, subject to the requirements of the California Coastal Act as implemented by the City’s Local Coastal Program (“LCP”).

The parcels were included in the Port of San Diego Balanced Plan environmental review process and will be subject to an amendment to the City’s LCP. This action is consistent with the City’s adoption of the Port of San Diego’s certified Balanced Plan Environmental Impact Report.

Processing public land through the Surplus Land Act is highly time consuming and complex. In addition to the noticing process, there are specific wait periods and negotiation periods prescribed by the Act.

Analysis
The Surplus Land Act (CA Gov. Code Section 54230) was amended in 2019 and became effective on January 1, 2020. In April 2021, the California Housing and Community Development Agency (“HCD”) issued Surplus Land Guidelines. The intent of the Surplus La nd Act is to increase affordable home opportunities when governmental agencies surplus their lands. This process can take over nine months to complete.

If approved by Council, the adopted resolution will be transmitted to HCD for their review. Then a “Notice of Availability” will be sent to the home developers and agencies. There is then a mandatory 60 day wait period for the City to receive responses from developers or agencies.

Should the City receive a “Notice of Interest” from developers or agencies, it must then enter into a 90-day negotiation period with those who provided a Notice of Interest.

The City can reject any offer that does not comply with its reasonable terms. ( Surplus Land Act Guidelines 2021 Sec. 202 (b)(4)(A)). For example, the City may condition the sale on receiving fair market value, that the development be consistent with the Coastal Act, and that the developer or agency comply with any reasonable land restrictions. These conditions are included in the Notice of Availability.

Zoning and the Balanced Plan
As noted above, these parcels were included in the Balanced Plan and were evaluated in the recently certified Environmental Impact Report by the Port of San Diego. There, the City proposed to change the cur rent zoning from “Medium Industrial” to “Tourist Commercial.” This rezoning effort will be formalized in a Local Coastal Program Amendment which will allow the property to be developed for hotel and similar visitor serving uses.

Affordable housing would not be consistent with this zoning determination and it is likely that any affordable home development will not be consistent with Coastal Act regulations. And while a City’s zoning determinations do not supersede the requirements of the Surplus Lands Act, the CA California Coastal Act is not superseded by the Surplus Lands Act. And as a result, an affordable home development may be denied by the Coastal Commission. One of the conditions that will be included in the Notice of Availability is that any develo per or agency must first receive a consistency determination by the Coastal Commission in order to successfully purchase the property.

Summary/Action
In order to allow the properties to be developed for hotel and similar visitor serving uses, as encouraged by the City’s Strategic Plan (Economic Development), the City Council must determine that the subject properties, APNs 559 -117-04, 559-117-05, 559-117-06, 559-117-06, 559-117-12, are “Non-Exempt Surplus Lands” under the Surplus Lands Act Guidelines and are no longer needed for City uses and adopt a resolution and its Findings as required by the Surplus Lands Act.

FINANCIAL STATEMENT:

Approval of this item would result in the eventual sale of these parcels at a value to be determined and would provide a long term benefit under the City’s economic development program.

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 AUTHORIZING THE SALE OF REAL PROPERTIES KNOWN AS APNS : 559-117-04, 559-117-05, 559 -117-06, 559 -117-07, 559 -117-12 AND DECLARING THE

PROPERTIES ARE NO LONGER NEEDED FOR CITY PURPOSES AND THAT SUCH PROPERTIES ARE NON-EXEMPT UNDER THE SURPLUS LAND ACT.

WHEREAS, the City owns certain real property assets located at 830 and 835-839 West 23rd Street, 2300 Cleveland Avenue, and 801 Bay Marina Drive, with Interstate 5 to the east of the site and Bay Marina Drive to its South, known as APNs: 559-117-04, 559- 117-05, 559-117-06, 559-117-07, 559-117-12 and is comprised of approximately 1.44 acres; and

WHEREAS, these subject properties are no-longer needed for City purposes and can better serve the City’s redevelopment efforts as part of the Balanced Plan which was recently approved by the Port of San Diego; and

WHEREAS, prior to the disposition of these proper ties the Surplus Lands Act requires that these properties first be offered to affordable home developers or housing agencies, unless otherwise exempt; and

WHEREAS, these subject propert ies are non -exempt properties and are to be processed under the Surplus Lands Act; and

NOW THEREFORE, THE CITY COUNCIL OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER As FOLLOWS:

Section 1: The Findings of Fact are as follows:

1. The subject properties would support the planning goals contained in the Balanced Plan in creating new jobs and recreational uses for the community of National City.

2. The subject properties are within close proximity to San Diego Bay where coastal access has been historically impeded. Having the ability to develop the property for recreational purposes better meets the planning goals of the City, but nonetheless these properties must first be offered to affordable home developers and other agencies.

3. While the current zoning does not afford housing opportunities on the site, the Surplus Lands Act supersedes local zoning determinations.

4. The subject property is no longer needed or useful for City purposes.

5. 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 these properties are no longer needed for City uses and that the properties are non-exempt under the Surplus Lands Act Guidelines.

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 4th day of April, 2023

________________________
Ron Morrison, Mayor

ATTEST:

__________________________
Shelley Chapel, 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, April 4, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Authorizing 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 the property is exempt under the Surplus Land Act.

RECOMMENDATION:

Adopt the Resolution of the City Counc il of the City of National City, California, Authorizing 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 the property is 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 process, 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 al 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:

Approval of this item will enable the eventual sale of this property at a value to be determined and for uses that will further economic development within the City.

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 AUTHORIZING THE SALE OF REAL PROPERTY KNOWN AS APN: 559-118-02

AND DECLARE THE PROPERTY IS NO LONGER NEEDED FOR CITY PURPOSES AND THAT THE PROPERTY IS 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 Cleveland Avenue 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 property 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 of 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 4th day of April, 2023

________________________
Ron Morrison, Mayor

ATTEST:

__________________________
Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

___________________________
Barry J. Schultz, City Attorney

AGENDA REPORT

Department: Housing Authority
Prepared by: Marta Rios, Housing Programs Manager
Meeting Date: Tuesday, April 4, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Public Hearing and Resolution approving the Section 8 Housing Choice Voucher Program Fiscal Year 2023-2024

RECOMMENDATION:

Conduct the public hearing, receive public input, and adopt a Resolution entitled, “Resolution of the Community Development Commission–Housing Authority of the City of National City, California, approving the Streamlined Annual Public Housing Agency Plan for the Housing Choice Voucher Program for Fiscal Year 2023-2024 and authorizing the submittal of the Plan to the U.S.

Department of Housing and Urban Development.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The U.S. Department of Housing and Urban Dev elopment (“HUD”) in response to the Quality Housing and Work Responsibility Act of 1998 requires housing authorities to prepare a Section 8 Housing Choice Voucher Program Public Housing Agency Plan. The Public Housing Agency Plan concept is based on the consolidated planning process used for HUD's community development programs. Like the Consolidated Plan required by HUD for jurisdictions using federal funds for housing and community development, the PHA Plan provides a planning mechanism by which the National City Housing Authority Section 8 and Emergency Housing Voucher Programs can examine its long-range needs and short -term needs. Specifically, the PHA Plan identifies the needs of the families that it serves and develops both long-term strategies through a Five-Year Public Housing Authority Plan and short-term strategies through a Streamlined Annual Public Housing Authority Plan for addressing the needs.

The Streamlined Annual Public Housing Authority Plan provides details about the immediate operations of the Section 8 Program and identifies strategies for the National City Housing Authority to manage operational and participant concerns, program needs and services. The Streamlined Annual Public Housing Authority Plan for Fiscal Year 2023-2024 was made available for public review and comment on the National City Section 8 Program webpage, www.nationalcityca.gov/section8, and at two locations at City Hall for a period of 45 days starting on February 10, 2023. There was no public comment received during the public r eview and comment period.

FINANCIAL STATEMENT:

The Housing Authority will provide 1163 total housing vouchers in Fiscal Year 2023-2024 with an annual housing subsidy value of $13.7 million and a total program budget of $15.4 million.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Housing and Community Development

ENVIRONMENTAL REVIEW:

This action does not constitute a project under the California Environmental Quality Act (“CEQA”) Guidelines Section 15378(b)(2).

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A- Public Hearing Notice with Proof of Publication Exhibit B- Streamlined Annual PHA Plan for Fiscal Year 2023-2024 Exhibit C- Resolution

EXHIBIT- A

NOTICE OF PUBLIC HEARING
Com
munity Development Commission-Housing Authority of the City of National City Fiscal Year 2023-2024 Streamlined Annual Public Housing Agency Plan (PHA) NOTICE IS HEREBY GIVEN that the Board of Commissioners of the Community Development Commission-Housing Authority of the City of National City will hold a public hearing on April 4, 2023, at 6:00 p.m., in the National City Council Chambers located at 1243 National City Boulevard, National City, California. The purpose of the public hearing is to gather input on the Fiscal Year 2023 -2024 Streamlined Annual PHA Plan. The Streamlined Annual PHA Plan will also be released for a 45 -day public review and comment period on or about February 10, 2023.

The PHA Plan is a comprehensive guide to the Section 8 Housing Choice Voucher Program (HCV) policies, programs, operations, and strategies for meeting local housing needs and goals. The Streamlined Annual Plan is submitted to HUD every year. The Section 8 HCV Administrative Plan is also subject to review as part of the Streamlined Annual PHA Plan and governs the Housing Authority’s administration of its Section 8 HCV Program.

The
referenced and supporting documents will be available for public review after February 10, 2023 at the following locations and on the City of National City website:

CDC, Housing Authority
of the City of National City
Section 8–Housing Choice Voucher Program
140 E. 12th Street, Suite B
National City CA 91950
City of National City – City Clerk
1243 National City Blvd
National City CA 91950
Written comments may be submitted prior to the public hearing and during the 45-day comment period ending on or about April 4, 2023, to:

CD
C, Housing Authority of the City of National City
Section 8 - Housing Choice Voucher Program
Attn: Marta Rios, Housing Programs Manager
140 E. 12th Street, Suite B National City CA 91950
Phone: (619) 336-4259 Fax: (619) 477-3747
DAT
ED: January 24, 2023
Date of Publication:

February 10, 2023
1

FEB. 10, 2023 - THE STAR-NEWS - PAGE 13
CLASSIFIEDS 441-1440 THE STAR
★
NEWS

NOTICE OF PUBLIC HEARING BY THE

PLANNING COMMISSION OF THE CITY OF

CHULA VISTA, CALIFORNIA

NOTICE IS HEREBY GIVEN THAT THE PLAN-
NING COMMISSION of the City of Chula Vista ,
CA, has received an application for a Design Re-
view Permit for Stirling at Cota Vera, consisting of
272 market-rate townhomes:

CONSIDERATION DATE: February 22, 2023
LOCATION: City Council Chambers
276 Fourth Ave, Chula Vista, CA 91910
TIME: 6:00 p.m.

PROJECT NUMBER: DR22-0008
APPLICANT: Cota Vera Townhomes, LLC
SITE ADDRESS : Parcel D of Otay Ranch Vil-
lage Eight West Sectional Planning Area, North
and east of the intersection of La Media Parkway
North and Main Street West
PROJECT DESCRIPTION : Design Review per-
mit for 272 market-rate rental townhome units
and associated
amenities, open space and parking. The Project
is located on an existing, previously graded, va-
cant 18.3-acre site within the Otay Ranch Village
Eight West Sectional Planning Area, zone d
Neighborhood Center (NC) with a General Plan
designation of Residential Medium High (RMH) .

ENVIRONMENTAL STATUS: The Director of
Development Services has reviewed the pro-
posed project for compliance with the California
Environmental Quality Act (“CEQA”) and has de-
termined that the Project was adequately covered
in previously certified Final Environmental Im-
pact Report (FEIR 10-03; SCH #2010062093 ,
Resolution No. 2013-269), for the Otay Ranch
Village Eight West SPA Plan, dated December
17, 2013.

HOW TO SUBMIT COMMENTS IN PERSON: At-
tend the meeting at the date, time and location
set forth above and submit a speaker slip. When
the item is called you will be given the opportun-
ity to address the Commission from the podium .

Each speaker will be given up to 3 minutes if
speaking on an item that is not on the agenda
and 5 minutes for an item that is on the agenda .

HOW TO SUBMIT COMMENTS IN WRITING :

Options to submit written comments in writing in
advance of the hearing are as follows: (1) Mail
comments to the City Clerk Kerry Bigelow, Attn :

Janice Kluth, 276 Fourth Avenue, Chula Vista ,
CA 91910 (mailed comments must be received
by 5 p.m. on February 21, 2023, to be distributed
to Commissioners and considered part of the re-
cord of the proceeding); (2) Email comments to
Janice Kluth at [email protected] (emailed
comments must be received by 5 p.m. on Febru-
ary 21, 2023, to be distributed to Commissioners
and considered part of the record of the proceed-
ing); (3) Provide comments via the online eCom-
ment portal for this meeting at: www.chulav-
istaca.gov/virtualmeetings (recommend using
Google Chrome browser). The commenting peri-
od will be open shortly after the agenda is pub-
lished for the hearing and will remain open until
one hour prior to the hearing. Comments re-
ceived after the times set forth above will not be
considered by the Planning Commission.

If you have any questions regarding the project ,
or are have difficulty submitting a comment ,
please contact Janice Kluth at jkluth@chulav-
istaca.gov or at (619) 691-5022 for assistance .

Please include the project number noted above in
all correspondence.

If you wish to challenge the City’s action on this
application in court, you may be limited to raising
only those issues you or someone else raised at
the public hearing, or in written correspondence
delivered to the City at or prior to the public hear-
ing, as described in this notice. A copy of the ap-
plication and the accompanying documentation
and plans are on file and available for inspection
and review by contacting Janice Kluth. Within ten
days after the decision is rendered, the applicant
or other interested person may appeal the de-
cision of the Planning Commission to the City
Council by submitting an appeal form and the re-
quired fee to the City Clerk’s office. Please notify
Janice Kluth if you wish to receive a copy of the
Planning Commission’s decision.

COMPLIANCE WITH AMERICANS WITH DIS-

ABILITIES ACT (ADA)
The City of Chula Vista, in complying with the
American with Disabilities Act, requests individu-
als who require special accommodation to ac-
cess, attend and/or participate in a City meeting ,
activity or service request such accommodation
at lease 48 hours in advance, for meetings, and 5
days for scheduled services and activities .

Please contact Patricia Salvacion for specific in-
formation at (619) 476-5391. California Relay
Service is available for the hearing impaired by
dialing 711, at least forty-eight hours in advance
of the meeting.

CV127644 2/10/2023

NOTICE OF PUBLIC HEARING BY THE

PLANNING COMMISSION OF THE CITY OF

CHULA VISTA, CALIFORNIA

NOTICE IS HEREBY GIVEN THAT THE PLAN -
NING COMMISSION of the City of Chula Vista ,
CA, is considering amendments to Chula Vist a
Municipal Code Sections 19.58.022 (Accessor y
Dwelling Units) and 19.58.023 (Junior Accessor y
Dwelling Units).

CONSIDERATION DATE: February 22, 2023
LOCATION: Chula Vista City Council Cham -
bers
276 Fourth Avenue, Chula Vista, CA 91910
TIME: 6:00 p.m.

APPLICANT: City of Chula Vista
SITE ADDRESS: Citywide
PROJECT DESCRIPTION: Consideration o
f
amendments to Chula Vista Municipal Cod e
(“CVMC”) Sections 19.58.022 (Accessory Dwell -
ing Units) and 19.58.023 (Junior Accessor y
Dwelling Units). These updates will help clarif y
development regulations and comply with Stat e
Law.

ENVIRONMENTAL STATUS: The Director o f
Development Services reviewed the proposed le -
gislative action for compliance with the Californi a
Environmental Quality Act (“CEQA”) and determ -
ined that the action qualifies for the “commo n
sense” exemption under State CEQA Guideline s
Section 15061(b)(3). The action involves up -
dates and modifications to the CVMC related t o
state law compliance and clarification of previ -
ously-adopted text, regarding ADUs and JADUs .

The action of updating and modifying the CVM C
with these changes will not result in a material in -
tensification of uses or a change in developmen t
potential within the City above what already i s
permitted under the existing land use and zonin g
policies of the CVMC that are being updated .

Based on an analysis of the nature and type o f
these changes to the CVMC, there is a certaint y
that there is no possibility that the amendment s
may have a significant effect on the environment .

HOW TO SUBMIT COMMENTS IN PERSON: At-
tend the meeting at the date, time and locatio n
set forth above and submit a speaker slip. Whe n
the item is called you will be given the opportun -
ity to address the Commission from the podium .

Each speaker will be given up to 5 minutes t o
make their comments.

HOW TO SUBMIT COMMENTS IN WRITING :

Options to submit written comments in writing i n
advance of the hearing are as follows: (1) Mai l
comments to the City Clerk Kerry Bigelow, Attn :

Christopher Mallec, 276 Fourth Avenue, Chul a
Vista, CA 91910 (mailed comments must be re -
ceived by February 21, 2023, to be distributed t o
Commissioners and considered part of the re -
cord of the proceeding); (2) Email comments t o
Christopher Mallec, AICP, at cmallec@chulav -
istaca.gov (emailed comments must be receive d
by February 21, 2023, to be distributed to Com -
missioners and considered part of the record o f
the proceeding); (3) Visit the online eCommen t
p o r t a l f o r t h i s m e e t i n g a t :
www.chulavistaca.gov/virtualmeetings (recom -
mend using Google Chrome browser). The com -
menting period will be open shortly after th e
agenda is published for the hearing and will re -
main open until one hour prior to the hearing .

Comments received after the times set fort h
above will not be considered by the Plannin g
Commission.

If you have any questions regarding the project ,
or are have difficulty submitting a comment ,
please contact Christopher Mallec, AICP at (619 )
409-5420 or email [email protected] v
mailto:for assistance.

If you wish to challenge the City’s action on thi s
application in court, you may be limited to raisin g
only those issues you or someone else raised a t
the public hearing, or in written correspondenc e
delivered to the City at or prior to the public hear -
ing, as described in this notice. A copy of the ap -
plication and the accompanying documentatio n
and plans are on file and available for inspectio n
and review on the City’s website. The item is als o
subject to review by the City Council, who is th e
final decision maker to approve or deny the pro -
posed changes.

COMPLIANCE WITH AMERICANS WITH DIS-

ABILITIES ACT (ADA)
The City of Chula Vista, in complying with th e
American With Disabilities Act, requests individu -
als who require special accommodation to ac -
cess, attend and/or participate in a City meeting ,
activity or service request such accommodatio n
at least 48 hours in advance for meetings and 5
days for scheduled services and activities .

Please contact Patricia Salvacion for specific in -
formation at (619) 691-5101Service for the hear -
ing impaired is available at 585-5647 (TDD).

CV127663 2/10/2023

NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that the Chula Vista
Elementary School District (“District”) is seeking
sealed bids from qualified construction contract-
ors for construction of the following public-works
project (“Project”): Experienced firms that can
perform repairs to asphalt playground, parking
and drive areas included but not limited to as-
phalt patching, seal coating, striping, grinding and
replacement of damaged areas in accordance
with this Bid No: 22/23-4 Asphalt Patch and Re-
pair
PLACE FOR SUBMITTING BIDS : Bids must be
submitted to the District at the following location
(“Place for Submitting Bids”):

Chula Vista Elementary School District
Attn: Shaun Gabriels, Maintenance Manager
84 East J Street
Chula Vista, CA 91910
BID DEADLINE: Bids must be received at the
Place for Submitting Bids not later than 11:00 am
on Thursday, March 10, 2023 (“Bid Deadline”).

BID DOCUMENTS : The Bid Documents, avail-
able on February 10, 2023 may be downloaded ,
at no cost, by requesting the link via email from
Shaun Gabriels [email protected]
REQUIRED BID SECURITY : Each bid must be
submitted with bid security as described in the In-
structions For Bidders.

CONTRACTOR LICENSE : The class or classes
of California contractor licenses required to bid
on and perform the Work are: C-12 (Earthwork
and Paving).

PRE-BID CONFERENCE : A non-mandatory site
walk will be conducted Friday, February 24 ,
2023, at 9:00 am. Walk will begin at Chula Vista
Elementary School District Office in front of the
Facilities Department at 84 East J St., Chula
Vista, CA 91910. Building 700 – Facilities
AWARD OF CONTRACT: The award of the Con-
tract will be based on the following method of de-
termining the lowest bid: Lowest responsible bid
received for the Combined Total Pricing of as-
signed schools and Matrix Total (Base Bid), as
shown on the Bid Form.

SURETY BONDS : As described in the General
Provisions, the successful bidder must provide a
Performance Bond and a separate Payment
Bond, each in an amount equal to 100% of the
total Contract Price, and each issued by a Cali-
fornia-admitted surety as defined in Code of Civil
Procedure Section 995.120.

LABOR LAW: The Project is a “public work”
project that is subject to, among other laws ,
Labor Code Sections 1720 through 1861, inclus-
ive. As described in the Instructions For Bidders ,
each contractor (including subcontractors) must
be registered with the California Department of
Industrial Relations (“DIR”) in accordance with
Labor Code Section 1725.5, and bidders must
provide evidence of registration for themselves
and their subcontractors. Each worker on the
Project must be paid not less than the applicable
prevailing rates of per-diem wages in the locality
in which the Work is to be performed for each
craft or type of worker needed to execute the
Contract (“Prevailing Wages”). A copy of the ap-
plicable rates of Prevailing Wages is on file and
available for review at the Place for Submitting
Bids, and a copy will be posted at the Project
Site. The Project is subject to compliance monit-
oring and enforcement by the DIR. The success-
ful bidder will be required to post all job-site no-
tices required by DIR regulations and other ap-
plicable law. If so specified in the Special Provi-
sions, the District will conduct a mandatory con-
ference for the purpose of describing labor-law
requirements. If so specified in the Special Provi-
sions, the Project will be subject to a “project
labor agreement” or “PLA” as described in the In-
structions for Bidders.

RETENTION: Substitution of securities in lieu of
Retention, pursuant to Public Contract Code Sec-
tion 22300, will be permitted as provided in the
General Provisions.

PUBLICATION DATES: February 10, 2023; Feb-
ruary 17, 2023.

CV127654 2/10,17/2023

NOTICE OF PUBLIC HEARING
Community Development Commission-Housing
Authority of the City of National City Fiscal Year
2023-2024 Streamlined Annual Public Housing
Agency Plan (PHA)
NOTICE IS HEREBY GIVEN that the Board o f
Commissioners of the Community Development
Commission-Housing Authority of the City of Na-
tional City will hold a public hearing on April 4 ,
2023, at 6:00 p.m., in the National City Council
Chambers located at 1243 National Cit y
Boulevard, National City, California. The purpose
of the public hearing is to gather input on the
Fiscal Year 2023-2024 Streamlined Annual PHA
Plan. The Streamlined Annual PHA Plan will also
be released for a 45-day public review and com-
ment period on or about February 10, 2023.

The PHA Plan is a comprehensive guide to the
Section 8 Housing Choice Voucher Program
(HCV) policies, programs, operations, and
strategies for meeting local housing needs and
goals. The Streamlined Annual Plan is submitted
to HUD every year. The Section 8 HCV Adminis-
trative Plan is also subject to review as part of the
Streamlined Annual PHA Plan and governs the
Housing Authority’s administration of its Section 8
HCV Program.

The referenced and supporting documents will be
available for public review after February 10 ,
2023 at the following locations and on the City of
National City website:

CDC, Housing Authority
of the City of National City
Section 8–Housing Choice Voucher Program
140 E. 12th Street, Suite B
National City CA 91950 City of National City –
City Clerk
1243 National City Blvd
National City CA 91950
Written comments may be submitted prior to the
public hearing and during the 45-day comment
period ending on or about April 4, 2023, to:

CDC, Housing Authority of the City of National
City
Section 8 - Housing
Choice Voucher Program
Attn: Marta Rios, Housing Programs Manager
140 E. 12th Street, Suite B National City CA
91950
Phone: (619) 336-4259 Fax: (619) 477-3747
DATED: January 24, 2023 Date of Publication :

February 10, 2023
CV126994 2/10/2023

CITY OF NATIONAL CITY

NOTICE AND SUMMARY OF INTENT TO

ADOPT PROPOSED ORDINANCE
NOTICE IS HEREBY GIVEN that at a Regula r
Meeting held on Tuesday, February 7, 2023 th e
City Council of the City of National City intro -
duced a proposed ordinance for the first reading ,
which if adopted, would establish the compensa -
tion of the Mayor and City Council pursuant to the
provisions of Sections 36516, 36516.1, an d
36516.5 of the California Government Code .

The City Council will have the Second reading o f
this ordinance wherein they will consider its ad -
option at its Regular Meeting to be held on Tues-
day, February 21, 2023 at 6:00 p.m . via LIV E
WEBCAST in the City Council Chamber, 124 3
National City Boulevard, National City, California .

Written comments or testimony from the pub -
lic must be submitted via e-mail to clerk@na -
tionalcityca.gov by 4:00 P.M. on the day of the
City Council Meeting.

A full text copy of the proposed ordinance, an d
Regular Online Meeting of the City Council, wil l
be webcast and archived on the City’s website at :
www.nationalcityca.gov.

Shelley Chapel, MMC, Interim City Clerk
Published in the Star News February 10, 2023
CV127718 2/10/2023
NOTICE IS HEREBY GIVEN that Chula Vista
Elementary School District, acting by and through
its Governing Board, hereinafter referred to as
the “DISTRICT” will receive up to, but no later
than TWO O’CLOCK PM (2:00PM) on the 2nd of
March, 2023 the required prequalification docu-
ments for the forthcoming 2023 Calendar year.

They shall be addressed to the District’s Project
Construction Manager, (Balfour Beatty Construc-
tion), and received at the following location:

Chula Vista Elementary School District
Attn: Balfour Beatty Construction, Shawn O’Neil
84 East J Street
Chula
Vista, CA 91910
Prequalification Documents will be available via
Building Connected. Please contact Shaw n
O’Neil at [email protected], Jesus
Cruz at [email protected] and Carolina
Lopez at [email protected] for ac-
cess.

CV127310 2/3,10/2023
Legal Notices-STAR

NOTICE IS HEREBY
GIVEN the under-
signed intends to sell
the personal property
described below to en-
force a lien imposed on
said property pursuant
to Sections 21700-
21716 of the Business
& Professions Code,
Section 2328 of the
UCC, Section 535 of
the Penal Code and
provisions of the Civil
Code. Any vehicle s
sold will be under Sec -
tion 3071 of moto r
vehicle code.

The Online bidding
starts on February 15,
2023 and ends at
10:00 AM on Febru-
ary 27th 2023.Full ac-
cess to this auction can
b e v i e w e d a t
www.bid13.com. The
undersigned will be
sold by competitive bid-
ding at BID13 on or
after the 27th of Feb-
ruary 2023 at 10:00
AM or later, on the
premises where said
property has been
stored and which are
located at:

Sav-On Storage
3712 Main Street
Chula Vista, CA 91911
County of San Diego
State of California
Unit sold appear to
contain:

Clothing, tools, misc.
furniture, boxes and
bags
Belonging to:

UNI
T# A-18 Luis M.

Covarrubias
UNIT# A32-7, Bertha
Mendoza
UNIT# A41-1 Tony G.

Robledo
UNIT# C-24 Rita O.

Rivera
UNIT# C-40 Tiffany M.

Cager
UNIT# D-20 Eric Enci-
nas
UNIT# D-32 Billy J.

Miguel
U N I T # J - 2 5 L e a l
Romero Yoislandys
UNIT# J-39 Elizabeth
A. Fields
UNIT# K-82 Marco A.

Jimenez
Purchases must be
paid for at the time of
purchase in CASH
ONLY. All purchased
items sold as is and
must be removed at
the time of sale. Sale
subject to cancellation
in the event of settle-
ment between owner
and obligated party.

Bid 13 HST License
#864431754
C V 1 2 7 7 2 7
2 / 1 0 , 1 7 / 2 0 2 3
Legal Notices-STAR

NOTICE IS HEREBY
GIVEN the under-
signed intends to sell
the personal property
described below to en-
force a lien imposed on
said property pursuant
to Sections 21700-
21716 of the Business
&
Professions Code ,
Section 2328 of th e
UCC, Section 535 o f
the Penal Code and
provisions of the Civil
Code. Any vehicles
sold will be under Sec-
tion 3071 of motor
vehicle code.

The Online bidding
starts on February 15,
2023 and ends at
10:00 AM on Febru-
ary 27th 2023.Full ac-
cess to this auction can
b e v i e w e d a t
www.bid13.com. The
undersigned will be
sold by competitive bid-
ding at BID13 on or
after the 27th of Feb-
ruary 2023 at 10:00
AM or later, on the
premises where said
property has been
stored and which are
located at:

Sav-On Storage
3712 Main Street
Chula Vista,
CA 91911
County of San Diego
State of California
Unit sold appear to
contain:

Clothing, tools, misc.
furniture, boxes and
bags
Belonging to:

UNIT# A-18 Luis M.

Covarrubias
UNIT# A32-7, Bertha
Mendoza
UNIT# A41-1 Tony G.

Robledo
UNIT# C-24 Rita O.

Rivera
UNIT# C-40 Tiffany M.

Cager
UNIT# D-20 Eric Enci-
nas
UNIT# D-32 Billy J.

Miguel
U N I T # J - 2 5 L e a l
Romero Yoislandys
UNIT# J-39 Elizabeth
A. Fields
UNIT# K-82 Marco A.

Jimenez
Purchases must be
paid for at the time of
purchase in CASH
ONLY. All purchased
items sold as is and
must be removed at
the time of sale. Sale
subject to cancellation
in the event of settle-
ment between owner
and obligated party.

Bid 13 HST License
#864431754
C V 1 2 7 7 2 7
2 / 1 0 , 1 7 / 2 0 2 3
Legal Notices-STAR

FICTITIOUS

BUSINESS NAME
STATEMENT NO.
2023-9002091
GKS Business Ser-
vices Located at 359
Caminito Barcelona,
Chula Vista, CA 91914.

This business is re-
gistered by the follow-
ing: Gavina Cristina
Unzueta, 359 Caminito
Barcelona, Chula Vista,
CA 91914.

This business is con
-
ducted by: Individual
The first day of busi -
ness was: 01/01/202 3
S i g n a t u r e : G a v i na
C r i s t i n a U n z u e t a
Statement filed with th
e
Recorder/County Cler k
of San Diego Count y
on: 1/27/2023
CV127722
2/10,17,24,3/3/23

NOTICE IS HEREBY
GIVEN the under-
signed intends to sell
the personal property
described below to en-
force a lien imposed on
said property pursuant
to Sections 21700-
21716 of the Business
& Professions Code,
Section 2328 of the
UCC, Section 535 of
the Penal Code and
provisions of the Civil
Code. Any vehicles
sold will be under Sec-
tion 3071 of motor
vehicle code.

The Online bidding
starts on February 15,
2023 and ends at
10:00 AM on Febru-
ary 27th 2023.Full ac-
cess to this auction can
b e v i e w e d a t
www.bid13.com. The
undersigned will be
sold by competitive bid-
ding at BID13 on or
after the 27th of Feb-
ruary 2023 at 10:00
AM or later, on the
premises where said
property has been
stored and which are
located at:

Sav-On Storage
3712 Main Street
Chula
Vista, CA 91911
County of San Diego
State of California
Unit sold appear to
contain:

Clothing, tools, misc.
furniture, boxes and
bags
Belonging to:

UNIT# A-18 Luis M.

Covarrubias
UNIT# A32-7, Bertha
Mendoza
UNIT# A41-1 Tony G.

Robledo
UNIT# C-24 Rita O.

Rivera
UNIT# C-40 Tiffany M.

Cager
UNIT# D-20 Eric Enci-
nas
UNIT# D-32 Billy J.

Miguel
U N I T # J - 2 5 L e a l
Romero Yoislandys
UNIT# J-39 Elizabeth
A. Fields
UNIT# K-82 Marco A.

Jimenez
Purchases must be
paid for at the time of
purchase in CASH
ONLY. All purchased
items sold as is and
must be removed at
the time of sale. Sale
subject to cancellation
in the event of settle-
ment between owner
and obligated party.

Bid 13 HST License
#864431754
C V 1 2 7 7 2 7
2 / 1 0 , 1 7 / 2 0 2 3
Legal Notices-STAR

FICTITIOUS

BUSINESS NAME
STATEMENT NO.
2023-9002683
Economy Upholstery
Located at 3679 Main
Street, Chula Vista, CA
91911. This business is
registered by the fol-
lowing: Jose Madrigual
Montanez, 3679 Main
Street, Chula Vista, CA
91911.

This business is con-
ducted by: Individual
The first day of busi-
ness was: 01/01/2023
Signature: Jose Mad-
rigual Montanez
Statement filed with the
Recorder/County Clerk
of San Diego County
on: 2/03/2023
CV127712
2/10,17,24,3/3/23

FICTITIOUS

BUSINESS NAME
STATEMENT NO.
2023-9002091
GKS Business Ser-
vices Located at 35 9
Caminito Barcelona ,
Chula Vista, CA 91914 .

This business is re -
gistered by the follow -
ing: Gavina Cristin a
Unzueta, 359 Caminito
Barcelona, Chula Vista,
CA 91914.

This business is con-
ducted by: Individual
The first day of busi-
ness was: 01/01/2023
S i g n a t u r e : G a v i n a
C r i s t i n a U n z u e t a
Statement filed with the
Recorder/County Clerk
of San Diego County
on: 1/27/2023
CV127722
2/10,17,24,3/3/23
Legal Notices-STAR

FICTITIOUS

BUSINESS NAME
STATEMENT NO.
2023-9001406
SD 24 7 MoversLoc-
ated at 986 Broadway
Apt 102, Chula Vista,
CA 91911. This busi-
ness is registered by
the following: Andrew J
Packer, 986 Broadway
Apt 102, Chula Vista,
CA 91911.

This business is con-
ducted by: Individual
The first day of busi-
ness was: 01/18/2023
Signature: Andrew J
Packer
Statement filed with the
Recorder/County Clerk
of San Diego County
on: 1/20/2023
CV127706
2/10,17,24,3/3/23

FICTITIOUS

BUSINESS NAME
STATEMENT NO.
2023-9002683
Economy Upholster y
Located at 3679 Mai n
Street, Chula Vista, C A
91911. This business is
registered by the fol -
lowing: Jose Madrigua l
Montanez, 3679 Mai n
Street, Chula Vista, C A
91911.

This business is con-
ducted by: Individual
The first day of busi-
ness was: 01/01/2023
Signature: Jose Mad-
rigual Montanez
Statement filed with the
Recorder/County Clerk
of San Diego County
on: 2/03/2023
CV127712
2/10,17,24,3/3/23
Legal Notices-STAR

FICTITIOUS

BUSINESS NAME
STATEMENT NO.
2023-9001406
SD 24 7 MoversLoc-
ated at 986 Broadway
Apt 102, Chula Vista,
CA 91911. This busi-
ness is registered b y
the following: Andrew J
Packer, 986 Broadwa y
Apt 102, Chula Vista ,
CA 91911.

This business is con -
ducted by: Individual
The first day of busi -
ness was: 01/18/202 3
Signature: Andrew J
Packer
Statement filed with th
e
Recorder/County Cler k
of San Diego Count y
on: 1/20/2023
CV127706
2/10,17,24,3/3/23
Legal Notices-STAR

FICTITIOUS

BUSINESS NAME
STATEMENT NO.
2023-9002874
Auto Repairs ProLoc-
ated at 868 Elis St,
Chula Vista, CA 91911.

This business is re-
gistered by the follow-
ing: Sergio Lara, 929
Fucshia Ln, San Diego,
CA 92154.

This business is con-
ducted by: Individual
The first day of busi-
ness was: 02/07/2023
Signature: Sergio Lara
Statement filed with the
Recorder/County Cler k
of San Diego Count y
on: 2/07/2023
CV127702
2/10,17,24,3/3/23

FICTITIOUS

BUSINESS NAME
STATEMENT NO.
2023-9001406
SD 24 7 Movers Loc-
ated at 986 Broadwa y
Apt 102, Chula Vista,
CA 91911. This busi-
ness is registered by
the following: Andrew J
Packer, 986 Broadway
Apt 102, Chula Vista,
CA 91911.

This business is con-
ducted by: Individual
The first day of busi-
ness was: 01/18/2023
Signature: Andrew J
Packer
Statement filed with the
Recorder/County Clerk
of San Diego County
on: 1/20/2023
CV127706
2/10,17,24,3/3/23
Legal Notices-STARFICTITIOUS

BUSINESS NAME
STATEMENT NO.
2023-9002874
Auto Repairs Pro Loc-
ated at 868 Elis St ,
Chula Vista, CA 91911 .

This business is re-
gistered by the follow-
ing: Sergio Lara, 929
Fucshia Ln, San Diego ,
CA 92154.

This business is con-
ducted by: Individual
The first day of busi-
ness was: 02/07/2023
Signature: Sergio Lara
Statement filed with the
Recorder/County Clerk
of San Diego County
on: 2/07/2023
CV127702
2/10,17,24,3/3/23

EXHIBIT- A

Streamlined Annual
PHA Plan
(HCV Only PHAs)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMB No. 2577-0226
Expires 03/31/2024

Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, including changes to these policies, and informs HUD, families served by the PHA, and members of the public of the PHA’s mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families Applicability. The Form HUD-50075-HCV is to be completed annually by HCV-Only PHAs. PHAs that meet the definition of a Standard PHA, Troubled PHA, High Performer PHA, Small PHA, or Qualified PHA do not need to submit this form. Where applicable, separate Annual PHA Plan forms are available for each of these types of PHAs.

Definitions.
(1) High-Performer PHA – A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers, and was designated as a high performer on both the most recent Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP) assessments if administering both programs, or PHAS if only administering public housing. (2) Small PHA - A PHA that is not designated as PHAS or SEMAP troubled, that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceed 550.
(3) Housing Choice Voucher (HCV) Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP assessment and does not own or manage public housing.
(4) Standard PHA - A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceed 550, and that was designated as a standard performer in the most recent PHAS and SEMAP assessments. (5) Troubled PHA - A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined and is not PHAS or SEMAP troubled.

A. PHA Information.

A.1 PHA Name: National City Housing Authority PHA Code: CA116 PHA Plan for Fiscal Year Beginning: (MM/YYYY): 07/2023 PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above) Number of Housing Choice Vouchers (HCVs) 1131
PHA Plan Submission Type: Annual Submission Revised Annual Submission Availability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public.

A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally, the PHA must provide information on how the public may reasonably obtain additional information of the PHA policies contained in the standard Annual Plan but excluded from their streamlined submissions. At a minimum, PHAs must post PHA Plans, including updates, at the main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official website.

PHA Consortia: (Check box if submitting a joint Plan and complete table below) Participating PHAs PHA Code Program(s) in the Consortia Program(s) not in the Consortia No. of Units in Each Program
Lead HA:

Exhibit- B

B.

Plan Elements.

B.1

Revision of Existing PHA Plan Elements.

a) Have the following PHA Plan elements been revised by the PHA since its last Annual Plan submission?

Y N
Statement of Housing Needs and Strategy for Addressing Housing Needs.

Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions.

Financial Resources.

Rent Determination.

Operation and Management.

Informal Review and Hearing Procedures.

Homeownership Programs.

Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements.

Substantial Deviation.

Significant Amendment/Modification.

(b) If the PHA answered yes for any element, describe the revisions for each element(s):

B.2

New Activities. – Emergency Housing Voucher (32) total 07/2021

B.3

Progress Report. See Attachment.

Provide a description of the PHA’s progress in meeting its Mission and Goals described in its 5-Year PHA Plan. (SEE ATTACHMENT)

B.4

Capital Improvements. – Not Applicable

B.5

Most Recent Fiscal Year Audit.

(a) Were there any findings in the most recent FY Audit?

Y N N/A

(b) If yes, please describe:

C. Other Document and/or Certification Requirements.

C.1

Resident Advisory Board (RAB) Comments.

(a) Did the RAB(s) have comments to the PHA Plan?

Y N

(b) If yes, comments must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations.

C.2

Certification by State or Local Officials. See Attachment.

Form HUD 50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan.

C.3

Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan.

See Attachment.

Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed, must be submitted by the PHA as an electronic attachment to the PHA Plan.

C.4
Challenged Elements. If any element of the PHA Plan is challenged, a PHA must include such information as an attachment with a description of any challenges to Plan elements, the source of the challenge, and the PHA’s response to the public. (a) Did the public challenge any elements of the Plan?

Y N

If yes, include Challenged Elements.

Exhibit- B

D.

Affirmatively Furthering Fair Housing (AFFH).

D.1

Affirmatively Furthering Fair Housing (AFFH).

Provide a statement of the PHA’s strategies and actions to achieve fair housing goals outlined in an accepted Assessment of F air Housing (AFH) consistent with 24 CFR § 5.154(d)(5). Use the chart provided below. (PHAs should add as many goals as necessary to overcome fair housing issues and contributing factors.) Until such time as the PHA is required to submit an AFH, the PHA is not obligated to complete this chart. The PHA will fulfill, nevertheless, the requirements at 24 CFR § 903.7(o) enacted prior to August 17, 2015. See Instructions for further detail on completing this item.

Fair Housing Goal:

Describe fair housing strategies and actions to achieve the goal

Fair Housing Goal:

Describe fair housing strategies and actions to achieve the goal

Fair Housing Goal:

Describe fair housing strategies and actions to achieve the goal

Exhibit- B

Instructions for Preparation of Form HUD-50075-HCV
Annual PHA Plan for HCV-Only PHAs
___________________________________________________________________________

A. PHA Information. All PHAs must complete this section. (24 CFR §903.4)

A.1 Include the full PHA Name, PHA Code, PHA Type, PHA Fiscal Year Beginning (MM/YYYY), Number of Housing Choice Vouchers (HCVs), PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the public hearing and proposed PHA Plan.

PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. (24 CFR §943.128(a))

B. Plan Elements. All PHAs must complete this section. (24 CFR §903.11(c)(3))

B.1 Revision of Existing PHA Plan Elements. PHAs must:

Identify specifically which plan elements listed below that have been revised by the PHA. To specify which elements have been revised, mark the “yes” box. If an element has not been revised, mark “no."

Statement of Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income, very low-income and extremely low-income families and a brief description of the PHA’s strategy for addressing the housing needs of families who reside in the jurisdiction served by the PHA and other families who are on the Section 8 tenant-based assistance waiting lists. The statement must identify the housing needs of (i) families with incomes below 30 percent of area median income (extremely low-income); (ii) elderly families (iii) households with individuals with disabilities, and households of various races and ethnic groups residing in the jurisdiction or on the public housing and Section 8 tenant- based assistance waiting lists. The statement of housing needs shall be based on information provided by the applicable Consolidated Plan, information provided by HUD, and generally available data. The identification of housing needs must address issues of affordability, sup ply, quality, accessibility, size of units, and location. Once the PHA has submitted an Assessment of Fair Housing (AFH), which includes an assessment of disproportionate housing needs in accordance with 24 CFR 5.154(d)(2)(iv), information on households with individuals with disabilities and households of various races and ethnic groups residing in the jurisdiction or on the waiting lists no longer needs to be included in the Statement of Housing Needs and Strategy for Addressing Housing Needs. (24 CFR § 903.7(a)). “NO”

The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. (24 CFR §903.7(a)(2)(i)) Provide a description of the ways in which the PHA intends, to the maximum extent practicable, to address those housing needs in the upcoming year and the PHA’s reasons for choosing its strategy. (24 CFR §903.7(a)(2)(ii))

Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. A statement of the PHA’s policies that govern resident or tenant eligibility, selection and admission including admission preferences for HCV. (24 CFR §903.7(b)) “NO”

Financial Resources. A statement of financial resources, including a listing by general categories, of the PHA’s anticipated resources, such as PHA HCV funding and other anticipated Federal resources available to the PHA, as well as tenant rents and other income available to support tenant-based assistance. The statement also should include the non-Federal sources of funds supporting each Federal program, and state the planned use for the resources. (24 CFR §903.7(c)) “NO”

Rent Determination. A statement of the policies of the PHA governing rental contributions of families receiving tenant-based assistance, discretionary minimum tenant rents, and payment standard policies. (24 CFR §903.7(d)) “NO”

Operation and Management. A statement that includes a description of PHA management organization, and a listing of the programs administered by the PHA. (24 CFR §903.7(e)). “NO”

Informal Review and Hearing Procedures. A description of the informal hearing and review procedures that the PHA makes available to its applicants. (24 CFR §903.7(f)) “NO”

Homeownership Programs. A statement describing any homeownership programs (including project number and unit count) administered by the agency under section 8y of the 1937 Act, or for which the PHA has applied or will apply for approval. (24 CFR §903.7(k)) “NO”

Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements. A description of any PHA programs relating to services and amenities coordinated, promoted, or provided by the PHA for assisted families, including those resulting from the PHA’s partnership with other entities, for the enhancement of the economic and social self-sufficiency of assisted families, including programs provided or offered as a result of the PHA’s partnerships with other entities, and activities subject to Section 3 of the Housing and Community Development Act of 1968 (24 CFR Part 135) and under requirements for the Family Self-Sufficiency Program and others. Include the program’s size (including required and actual size of the FSS program) and means of allocating assistance to households. (24 CFR §903.7(l)(i)) Describe how the PHA will comply with the requirements of section 12(c) and (d) of the 1937 Act that relate to treatment of income changes resulting from welfare program requirements. (24 CFR §903.7(l)(iii)). “NO”

Substantial Deviation. PHA must provide its criteria for determining a “substantial deviation” to its 5-Year Plan. (24 CFR §903.7(r)(2)(i)) “NO”

Significant Amendment/Modification. PHA must provide its criteria for determining a “Significant Amendment or Modification” to its 5-Year and Annual Plan. “NO”

If any boxes are marked “yes”, describe the revision(s) to those element(s) in the space provided.

Exhibit- B

B.2 New Activities. This section refers to new capital activities which is not applicable for HCV-Only PHAs. 32 Emergency Housing Vouchers 7-2021

B.3 Progress Report. For all Annual Plans following submission of the first Annual Plan, a PHA must include a brief statement of the PHA’s progress in meeting the mission and goals described in the 5-Year PHA Plan. (24 CFR §903.11(c)(3), 24 CFR §903.7(r)(1)) SEE ATTACHMENT

B.4 Capital Improvements. This section refers to PHAs that receive funding from the Capital Fund Program (CFP) which is not applicable for HCV-Only PHAs. Emergency Housing Voucher funding – July 2021.

B.5 Most Recent Fiscal Year Audit. If the results of the most recent fiscal year audit for the PHA included any findings, mark “yes” and describe those findings in the space provided. (24 CFR §903.7(p)) “NO”

C. Other Document and/or Certification Requirements.

C.1 Resident Advisory Board (RAB) comments. If the RAB had comments on the annual plan, mark “yes,” submit the comments as an attachment to the Plan and describe the analysis of the comments and the PHA’s decision made on these recommendations. (24 CFR §903.13(c), 24 CFR §903.19) “NO”

C.2 Certification by State of Local Officials. Form HUD-50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. (24 CFR §903.15). Note: A PHA may request to change its fiscal year to better coordinate its planning with planning done under the Consolidated Plan process by State or local officials as applicable.

C.3 Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan. Provide a certification that the following plan elements have been revised, provided to the RAB for comment before implementation, approved by the PHA boa rd, and made available for review and inspection by the public. This requirement is satisfied by completing and submitting form HUD-50077 ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed.

Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed must be submitted by the PHA as an electronic attachment to the PHA Plan. This includes all certifications relating to Civil Rights and related regulations. A PHA will be considered in compliance with the certification requirement to affirmatively further fair housing if the PHA fulfills the requirements of §§ 903.7(o)(1) and 903.15(d) and: (i) examines its programs or proposed programs; (ii) identifies any fair housing issues and contributing factors within those programs, in accordance with 24 CFR 5.154; or 24 CFR 5.160(a)(3) as applicable (iii) specifies actions and strategies designed to address contributing factors, related fair housing issues, and goals in the applicable Assessment of F air Housing consistent with 24 CFR 5.154 in a reasonable manner in view of the resources available; (iv) works with jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement; (v) operates programs in a manner consistent with any applicable consolidated plan under 24 CFR part 91, and with any order or agreement, to comply with the authorities specified in paragraph (o)(1) of this section; (vi) complies with any contribution or consultation requirement with respect to any applicable AFH, in accordance with 24 CFR 5.150 through 5.18 0; (vii) maintains records reflecting these analyses, actions, and the results of these actions; and (viii) takes steps acceptable to HUD to remedy known fair housing or civil rights violations. impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with the local jurisdiction to implement any of the jurisdiction’s initiatives to affirmatively further fair housing; and assures that the annual plan is consistent with any applicable Consolidated Plan for its jurisdiction. (24 CFR §903.7(o)).

C.4 Challenged Elements. If any element of the Annual PHA Plan or 5-Year PHA Plan is challenged, a PHA must include such information as an attachment to the Annual PHA Plan or 5-Year PHA Plan with a description of any challenges to Plan elements, the source of the challenge, and the PHA’s response to the public.

D. Affirmatively Furthering Fair Housing (AFFH).

D.1 Affirmatively Furthering Fair Housing. The PHA will use the answer blocks in item D.1 to provide a statement of its strategies and actions to implement each fair housing goal outlined in its accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5) that states, in relevant part: “To implement goals and priorities in an AFH, strategies and actions shall be included in program participants' … PHA Plans (including any plans incorporated therein) …. Strategies and actions must affirmatively further fair housing ….” Use the chart provided to specify each fair housing goal from the PHA’s AFH for which the PHA is the responsible program participant – whether the AFH was prepared solely by the PHA, jointly with one or more other PHAs, or in collaboration with a state or local jurisdiction – and specify the fair housing strategies and actions to be implemented by the PHA during the period covered by this PHA Plan. If there are more than three fair housing goals, add answer blocks as necessary.

Until such time as the PHA is required to submit an AFH, the PHA will not have to complete section D., nevertheless, the PHA will address its obligation to affirmatively further fair housing in part by fulfilling the requirements at 24 CFR 903.7(o)(3) enacted prior to August 17, 2015, which means that it examines its own programs or proposed programs; identifies any impediments to fair housing choice within those programs; addresses those i mpediments in a reasonable fashion in view of the resources available; works with local jurisdictions to implement any of the jurisdiction’s initiatives to affirmatively further fair housing that require the PHA’s involvement; and maintain records reflecting these analyses and actions. Furthermore, under Section 5A(d)(15) of the U.S. Housing Act of 1937, as amended, a PHA must submit a civil rights certification with its Annual PHA Plan, which is described at 24 CFR 903.7(o)(1) except for qualified PHAs who submit the Form HUD-50077-CR as a standalone document.

This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a new section 5A to the U.S. Housing Act of 1937, as amended, which introduced the Annual PHA Plan. The Annual PHA Plan provides a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and members of the public for serving the needs of low- income, very low- income, and extremely low- income families.

Public reporting burden for this information collection is estimated to average 6.02 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number.

Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality Exhibit- B

A.1) PHA Information

Location where the public may obtain copies of the Annual PHA Plan:

Main Administrative office of the PHA:

National City Housing Authority
Section 8 Housing Choice Voucher Program
140 E 12th Street, Suite B
National City, CA 91950

Main Administrative o ffice of Local, County or State government:

City of National City - City Clerk Office
1243 National City Boulevard National City, CA 91950
www.nationalcityca.gov

B.3) PROGRESS REPORT

Mission and Goals

PHA Goal: Expand the supply of assisted housing.

Objective: Increase housing choices for families and individuals.

Progress: The National City Housing Authority continued its leasing process to maximize the number of families
assisted through the Housing Choice Voucher (HCV) and Emergency Housing Voucher (EHV) Programs.

PHA Goal: Improve the quality of assisted housing.

Objective: Provide replacement vouchers for HCV.

Progress: Once a family leaves the program, a replacement family is immediately available. Maintain safe, decent, sanitary units and improve quality of life for residents living in assisted units.

National City Housing Authority (NCHA) inspects each assisted unit at least once a year to make sure that residents are living in a unit that is decent, safe and sanitary. Due to COVID-19 NCHA has followed HUD’s safety guidance on Housing Quality Standard inspections, accepting written self-certifications from Owner and Tenant.

PHA Goal: Increase assisted housing choices

Objective: Maintain current number of vouchers within funding level.

Progress: Management closely monitors the utilization of vouchers and makes sure that there are within the funding level.

Exhibit- B

PHA Goal: Provide an improved living environment

Objective: Assists the local economy by increasing the occupancy rate and the amount of money flowing in the community.

Progress: The current occupancy rate is at 97%, thus, maximizing the number of families
being assisted which turns into more spending power for residents in the community.

PHA Goal: Promote self-sufficiency and asset development of families and individuals.

Objective: Increase the number and percentage of employed persons within the assisted units.

Progress: Continued referrals to the National City Collaborative and other supportive services to increase independence.

PHA Goal: Ensure equal opportunity and affirmatively further fair housing.

Objective: Promote equal housing opportunities.

Progress: Fair housing programs and resources are included in all issuance briefings.

PHA Goal: Deter and eliminate program fraud.

Objective: Take all steps necessary to prevent fraud, waste and mismanagement.

Progress: Continued tenant counseling and providing detailed understanding of the program at briefings, annuals and moves.

Exhibit- B

VAWA Atta
chment

On January 5, 2006, President Bush signed the Violence Against Women Act (VAWA) into law as Public Law 109-162.

Recently, Congress passed the Violence Against Woman Reauthorization Act of 2022 (VAWA 2022), which went into effect October 1, 2022. In response to VAWA, the National City Housing Authority (NCHA) has taken the following steps:

NCHA partners with the National City Collaborative (NCC) to provide services to individuals
and families caught in domestic violence. These services include: 24-hour crisis line, legal support, transitional housing program referrals, clinical counseling, support groups, domestic violence treatment program for people who abuse, youth education and prevention programs, and volunteer training.

NCHA refers child or adult victims of domestic violence, dating violence, sexual assault, or
stalking to NCC for assistance.

NCHA has revised many of its policies and procedures so as to enable child or adult victims of
domestic violence, dating violence, sexual assault, or stalking to obtain or maintain housing.

NCC provides numerous domestic violence prevention and intervention programs and classes.

Clients are referred when there is a belief that they may be victims of domestic violence, or potential victims.

VAWA Components in the Housing Choice Voucher Administrative Plan

VAWA policie
s are incorporated throughout the Housing Choice Voucher Administrative Plan.

Those policies are summarized below:

NCHA may deny assistance to applicants if any household member is currently engaged in, or has
engaged in violent criminal activity or criminal activity that may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents or persons residing in the immediate vicinity during the past five years. However, no applicant who has been a victim of domestic violence, dating violence or stalking will be denied assistance if they are otherwise qualified for the program.

NCHA may terminate a participant family's assistance if any household member has violated the
family's obligation not to engage in any violent criminal activity or criminal activity that may threaten the health, safety or right to peaceful enjoyment of the premises by other residents or persons residing in the immediate vicinity during participation in the HCV Program .

However, no Applicant who has been a victim of domestic violence, dating violence or stalking will have their assistance terminated if they are otherwise qualified for the program.

Any incident or incidents of actual or threatened domestic violence, dating violence or stalking will not be construed as a serious or repeated violation of the lease by the victim or threatened victim of that violence, and shall not be good cause for terminating the assistance, tenancy or occupancy rights of the victim.

Exhibit- B

NCHA may term
inate the assistance of an individual family member to remove a lawful occupant or tenant who engages in criminal acts or threatened acts of violence or stalking to family members or others without terminating the assistance or evicting victimized lawful occupants.

There is no limitation on the ability of the NCHA to terminate assistance for other good cause unrelated to the incident or incidents of domestic violence, dating violence or stalking, other than the victim may not be subject to a "more demanding standard" than non-victims.

NCHA will require certification by the victim of the victim status on such forms as the NCHA and/or HUD shall prescribe or approve.

When a family on the waiting list breaks up i nto two otherwise eligible families, only one of the new families may retain the original application date.

If the family breaks up into two otherwise eligible families while receiving assistance, only
one of the new families will continue to be assisted.

VIOLENCE AGAINST WOMEN ACT (VAWA) POLICY

Purpose and Applicability

The purpose of this policy is to implement the applicable provisions of the violence against
women and department of justice reauthorization act of 2022 and more generally to set forth the NCHA's policies and procedures regarding domestic violence, dating violence, and stalking, as hereafter defined.

The policy is gen
der-neutral, and its protections are available to males who are victims of domestic violence, dating violence, or stalking as well as female victims of such violence.

Goals and Objectives

This policy and the following goals and objectives:

Maintaining compliance with all applicable legal requirements imposed by VAWA; Ensuring the physical safety of victims of actual or threatened domestic violence, dating violence, or stalking who are assisted by NCHA; Providing and maintaining housing opportunities for victims of domestic violence, dating violence, or stalking; Creating and maintaining collaborative arrangements between NCHA, law enforcement authorities, victim service providers, and others to promote the safety and well-being of victims of actual and threatened domestic violence, dating violence and stalking, who are assisted by NCHA; and taking appropriate action in response to an incident or incidents of domestic violence, dating violence, or stalking, affecting individuals assisted by NCHA.

Exhibit- B

Other NCHA
Policies and Procedures

This Policy shall be referenced in and incorporated in and made a part of NCHA's Admission and Continued Occupancy Policy. To the extent any provision of this policy shall vary or contradict any previously adopted policy or procedure of NCHA, the provisions of this Policy shall prevail.

Definitions

As used in this Policy;

Domestic Violence
- The term "domestic violence" includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction.

Dating Violence
- means violence committed by a person - who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship, the type of relationship, the frequency of interaction between the persons involved in the relationship.

Stalking - means to follow, pursue, or repeatedly commit acts with the intent to kill, injure, harass, or intimidate another person; and (ii) to place under surveillance with the intent to kill, injure, harass or intimidate another person; and in the course of, or as a result of, such following, pursuit, surveillance, or repeatedly committed acts, to place a person in reasonable fear of death of, or serious bodily injury to, or to cause substantial emotional harm to -that person; a member of the immediate family of that person; or the spouse or intimate partner of that person.

Immediate Family Member - means, with respect to a person - a spouse, parent, brother, sister or child of that person, or an individual to whom that person stands in loco parentis; or any other person living in the household of that person and related to that person by blood or marriage.

Perpetrator
- means person who commits an act of domestic violence, dating violence or stalking against a victim.

ADMISSIONS AND SCREENING

Non-Denial of Assistance. NCHA will not deny admission to public housing to any person
because that person is or has been a victim of domestic violence, dating violence, or stalking, provided that such person is otherwise qualified for such admission.

Exhibit- B

TERMINA

TION OF TENANCY OR ASSISTANCE

VAWA Protections. Under VAWA, public housing residents have the following specifications, which will be observed by NCHA. An incident or incidents of actual or threatened domestic violence, dating violence, or stalking will not be considered to be a "serious or repeated" violation of the lease by the victim or threatened victim of that violence and will not be good cause for terminating the tenancy or occupancy rights of or assistance to the victim of that violence.

In additions to the foregoing, tenancy or assistance will not be terminated by NCHA as a result of criminal activity, if that criminal activity is directly related to domestic violence, dating violence or stalking engaged in by a member of the assisted household, a guest or another person under the tenant's control, and the tenant or an immediate family member is the victim or threatened victim of this criminal activity. However, the protection against termination of tenancy or assistance described in this paragraph is subject to the following limitations:

Nothing contained in this paragraph shall limit any otherwise available authority of NCHA or to terminate tenancy, evict, or to terminate assistance, as the case may be, for any violation of a lease or program requirement not premised on the act or acts of domestic violence, dating violence, or stalking in question against the tenant or a member of the tenant's household.

However, in taking any such action, the NCHA may apply a more demanding standard to the victim of domestic violence dating or stalking than that applied to other tenants.

Nothing
contained in this paragraph shall be construed to limit the authority of NCHA to evict or terminate from assistance any tenant or lawful applicant if the NCHA can demonstrate an actual and imminent threat to other tenants or to those employed at or providing service to the property, if the tenant is not evicted or terminated from assistance.

B. Removal of Perpetrator. Further, notwithstanding anything in paragraph Vl.A.2. or Federal,
State or local law to the contrary, HACNC, as the case may be, may bifurcate a lease, or remove a household member from a lease, without regard to whether a household member is a signatory to a lease, in order to evict, remove, terminate occupancy rights, or terminate assistance to any individual who is a tenant or lawful occupant and who engages in acts of physical violence against family members or others. Such action against the perpetrator of such physical violence may be taken without evicting, removing, terminating assistance to, or otherwise penalizing the victim of such violence who is also the tenant or a lawful occupant.

Such eviction, removal, termination of occupancy rights, or termination of assistance shall be effected in accordance with the procedures prescribed by law applicable to terminations of tenancy and evictions by NCHA.

VERIFICATION OF DOMESTIC VIOLENCE, DATING VIOLENCE OR STALKING Requirement for Verification. The law allows, but does not require, NCHA to verify that an incident or incidents of actual or threatened domestic violence, dating violence, or stalking claimed by a tenant or other lawful occupant is bona fide and meets the requirements of the applicable definitions set forth in this policy. NCHA shall require verification in all cases where an individual claims protection against an action involving such individual proposed to be taken by NCHA. Verification of a claimed incident or i ncidents of actual or threatened domestic violence, dating violence or stalking may be accomplished in one of the following three ways:

HUD-approved form
- by providing the NCHA a written certification, on a form approved by U.S.

Exhibit- B

Departme
nt of Housing and Urban Development (HUD), that the individual is a victim of domestic violence, dating violence or stalking that the incident or incidents in question must be described in reasonable detail as required in the HUD approved form, and the completed certification must include the name of the perpetrator.

Other documentation - by providing to NCHA documentation signed by an employee, agent, or volunteer of a victim service provider, an attorney, or a medical professional, from whom the victim has sought assistance in addressing the domestic violence, dating violence or stalking, or the effects of the abuse, described in such documentation. The professional providing the documentation must sign and attest under penalty of perjury (28 U.S.C. 1746) to the professional's belief that the incident or incidents in question are bona fide incidents of abuse meeting the requirements of the applicable definition(s) set forth in this policy. The victim of the incident or incidents of domestic violence, dating violence or stalking violence or stalking described in the documentation must also sign and attest to the documentation under penalty of perjury.

Police or court record - by providing to NCHA a Federal, State, tribal, territorial, or local police or court record describing the incident or incidents in question.

8. Time allowed to pr
ovide verification/failure to provide. An individual who claims protection against adverse action based on an incident or incidents of actual or threatened domestic violence, dating violence or stalking, and who is requested by NCHA, to provide verification, must provide such verification with14 business days (i.e., calendar days, excluding Saturdays, Sundays, and federally-recognized holidays) after receipt of the request for verification. Failure to provide verification, in proper form within such time will result in loss of protection under VAWA and this policy against a proposed adverse action.

C. Waiver of verification requirement. The Executive Director of NCHA may with respect to any specific case, waive the above-stated requirements for verification and provide the benefits of this policy based on the victim's statement or other corroborating evidence.

Such waiver may be granted in the sole discretion of the Executive Director. Any such waiver must be in writing. Waiver in a particular instance or instances shall not operate as precedent for, or create any right to, waiver in any other case of cases, regardless of similarity in circumstances.

CONFIDENTIALITY
Right of confidentiality. All Information (including the fact that an individual is a victim of
domestic violence, dating violence or stalking) provided to NCHA in connection with a verification required under section VII of this policy or provided in lieu of such verification where a waiver of verification is granted, shall be retained by the receiving party in confidence and shall neither be entered in any shared database nor provided to any related entity, except where disclosure is: Requested or consented to by the individual in writing, or required for use in a public housing eviction proceeding, as permitted in VAWA, or otherwise required by applicable law
B. Notification of rights. A ll tenants of public housing shall be notified in writing concerning their right to confidentiality and the limits on such rights to confidentiality.

Exhibit- B

Transfer to Ne
w Residence Application for transfer. “Emergency Transfer Plan for Victims of Domestic Violence”. In situations that involve significant risk of violent harm to an individual as a result of previous incidents or threats of domestic violence, dating violence, or stalking, NCHA will, if an approved unit size is available at a location that may reduce the risk of harm, approve transfer by a public housing to a different unit in order to reduce the level of risk to the individual. A tenant who requests transfer must attest in such application that the requested transfer is necessary to protect the health or safety of the tenant or another member of the household who is or was the victim of domestic violence, dating violence, or stalking and who reasonably believes that the tenant or other household member will be imminently threatened by harm from further violence if the individual remains in the present dwelling unit.

Action on Applications. NCHA will act upon such an application promptly.

No right to transfer. NCHA will make every effort to accommodate requests for
transfer when suitable alternative vacant units are available and the circumstances warrant such action.

COURT ORDERS/FAMILY BREAK-UP
Court Orders. It is NCHA's policy to honor orders entered by courts of competent jurisdiction affecting individuals assisted by NCHA and their property. This includes cooperating with law enforcement authorities to enforce civil protection orders issued for the protection of victims and addressing the distribution of personal property among household members in cases where a family breaks up.

B. Family Break-Up. Oth
er NCHA policies regarding family break-up are contained in NCHA’s Administrative Plan.

NOTIFICATION

NCHA shall provide written notification to applicants, tenants, concerning the rights and
obligations created under VAWA relating to confidentiality, denial of assistance and, termination of tenancy or assistance.

RELATIONSHIP WITH OTHER APPLICABLE LAWS

Neither VAWA nor this Policy implementing it shall preempt or supersede any provision of Federal, State or local law that provides greater protection than that provided under VAWA for victims of domestic violence, dating violence or stalking.

Exhibit- B

AMENDME
NT

This policy may be amended from time to time by NCHA as approved by the NCHA Board of Commissioners.

DEFINITION OF SUBSTANDARD DEVIATION AND SIGNIFICANT CHANGE OR

MODIFICATION

Substandard deviation;

The following actions would be considered a substantial deviation from the 5-year plan:

Change to the target population included in the adopted plan. Decisions to change the process for accepting applications to the Housing
Choice Voucher Program.

Decision to change Priority of Preference Criteria for the Housing Choice Voucher Program.

It will not be considered a substantial deviation from the plan:

- To choose another course of action not specifically spelled out in the plan to

meet the established goals.
- To meet goals of the program to assist low-and moderate-income population in a manner not discussed in the adopted plan.
- To increase or decrease the Payment Standard (PS) (within budget authority) based on, (1) in the case of an increase to the PS, unforeseen increases in rents or inability of tenants to rent units within the program rules or (2) in the case of decreases to the PS, reductions in the budget authority awarded by HUD.
- To make modifica tions to the Administrative Plan which improve the access to the program by applicants and participants or clarification of new issues in order to provide a consistent implementation of the rules. - To incorporate new procedures brought about by new regulations or clarification of regulations by HUD.

To make changes to parts of the plan, which are found to be inconsistent with regulations. To make changes required by statute or regulation that need to take place before a consultative process can take place. Changes in the Standard Operating Procedures that do not involve policy decisions.

Significant change or modification:

A significant change or modification is defined as discretionary changes in the plan or

policies of the housing authority that fundamental changes the mission, goals, objectives or plans of the agency which require the formal approval of the Board of Commissioners. Other similar circumstances will be treated as defined above. Those items which are considered a substantial deviation would require Board Approval at a Regular Meeting of the Housing Authority Board of Commissioners and submission to HUD at the next annual submission, where a report will be given of policies changed since the last submission of the Plan. Where feasible on discretionary issues, the Housing Authority will make an effort to consult with the Resident Advisory Committee Exhibit- B

prior to bringi
ng the issue to the Board.

SMALL AREA FAIR MARKET RENT (SAFMR)

The Small Area Fair Market Rent (SAFMR) Final Rule was published on November 16,

2016 and became effective on January 17, 2017. Under the final rule, the use of Small Area FMRs is required in the administration of the HCV Program for certain metropolitan areas, including San Diego-Carlsbad, CA MSA, beginning on October 1, 2017.

Although HUD has suspended the implementation of the SAFMR, it was reinstated effective January 1, 2018. The purpose of this rule is to establish a more effective means for HCV tenants to move into areas of higher opportunity and lower poverty by providing the tenants with a subsidy adequate to make such areas accessible and, consequently, help reduce the number of voucher families that reside in areas of higher poverty concentration.

National City FY2023 Payment Standards
Efficiency One-Bedroom Two-Bedroom Three-Bedroom Four-Bedroom $1,584 $1,740 $2,220 $3,036 $3,696

FY2023 SAFMR’s By Unit Bedrooms
Efficiency One-Bedroom Two-Bedroom Three-Bedroom Four-Bedroom $1320 $1,450 $1,850 $2,530 $3,080

Exhibit- B

Certification by State or Local U. S Department of Housing and Urban Development Official of PHA Plans Consistency Office of Public and Indian Housing with the Consolidated Plan or OMB No. 2577-0226 State Consolidated Plan Expires 3/31/2024
(All PHAs)
Certification by State or Local Official of PHA Plans
Consistency with the Consolidated Plan or State Consolidated Plan I, _________Carlos Aguirre________, the _________Housing Director__________________ Official’s Name Official’s Title

certify that the 5- Year PHA Plan for fiscal years __ 2021-2025____ and/or Annual PHA Plan for fiscal year _2023-2024______ of the ___National City Housing Authority__ is consistent with the PHA Name

Consolidated Plan or State Consolidated Plan including the Analysis of Impediments (AI) to Fair Housing Choice or Assessment of Fair Housing (AFH) as applicable to the

____________________________City of National City_____________________________ Local Jurisdiction Name

pursuant to 24 CFR Part 91 and 24 CFR §§ 903.7(o)(3) and 903.15.

Provide a description of how the PHA Plan’s contents are consistent with the Consolidated Plan or State Consolidated Plan.

The goals of the PHA Plan are aimed at meeting the priority housing needs outlined in the Consolidated Plan by expanding Housing Choice Voucher utilization to increase affordable housing to families earning less than 50% AMI. Its goal is also to increase availability of service- enriched housing.

I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penal ties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802)

Name of Authorized Official: Title:

CARLOS AGUIRRE HOUSING DIRECTOR

Signature: Date:

The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S.

Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality. This information is collected to ensure consistency with the consolidated plan or state consolidated plan.

Public reporting burden for this information collection is estimated to average 0.16 hours per year per response, including t he time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number.

Exhibit- B

Civil Rights Certification
(Qualified PHAs)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMB Approval No. 2577-0226
Expires 3/31/2024

Civil Rights Certification
Annual Certification and Board Resolution
Acting on behalf of the Board of Commissioners of the Public Housing Agency (PHA) listed below, as its Chairperson or other authorized PHA official if there is no Board of Commissioners, I approve the submission of the 5-Year PHA Plan , hereinafter referred to as” the Plan”, of which this document is a part, and make the following certification and agreements with the Department of Housing and Urban Development (HUD) for the fiscal year beginning ___July 1, 2023_______________ in which the PHA receives assistance under 42 U.S.C. 1437f and/or 1437g in connection with the mission, goals, and objectives of the public housing agency and implementation thereof:

The PHA certifies that it will carry out the public housing program of the agency in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d—4), the Fair Housing Act (42 U.S.C. 3601-19), S ection 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), title II of the Americans with Disabilities Act (42 U.S.C. 12101 et seq.), and other applicable civil rights requirements and that it will affirmatively further fair housing in the administration of the program. In addition, if it administers a Housing Choice Voucher Program, the PHA certifies that it will administer the program in conformity with the Fair Housing Act, title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, title II of the Americans with Disabilities Act, and other applicable civil rights requirements, and that it will affirmatively further fair housing in the administration of the program. The PHA will affirmatively further fair housing, which means that it will take meaningful actions to further the goals identified in the Assessment of Fair Housing (AFH) conducted in accordance with the requirements of 24 CFR § 5.150 through 5.180, that it will take no action that is materially inconsistent with its obligation to affirmatively further fair housing, and that it will address fair housing issues and contributing factors in its programs, in accordance with 24 CFR § 903.7(o)(3). The PHA will fulfill the requirements at 24 CFR § 903.7(o) and 24 CFR § 903.15(d). Until such time as the PHA is required to submit an AFH, the PHA will fulfill the requirements at 24 CFR § 903.7(o) promulgated prior to August 17, 2015, which means that it examines its programs or proposed programs; identifies any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with local jurisdictions to implement any of the jurisdiction’s initiatives to affirmatively further fair housing that require the PHA’s involvement; and maintains records reflecting these analyses and actions.

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tional C ity Housing Authority _____ ______CA 116____________________________________ PHA Name PHA Number/HA Code
I hereby certify that all the statement above, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) Name of Executive Director: BRAD RAULSTON Name of Board Chairperson: RON MORRISON

Signature Date Signature Date
The United States Department of Housing and Urban Development is authorized to collect the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit.

The information requested does not lend itself to confidentiality. The information is collected to ensure that PHAs carry out applicable civil rights requirements.

Public reporting burden for this information collection is estimated to average 0.16 hours per response, including the time f or reviewing instructions, searching existing data sources, gathering, and maintaining the data needed, and completing and reviewin g the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number.

Exhibit- B