National City City Council
September 5, 2023

CEQA Findings of Fact an Statement of Overriding Considerations

the State Clearinghouse and the Draft SPEIR was circulated to state agencies for review through the State Clearinghouse, Office of Planning and Research.

A Notice of Availability of the Draft SPEIR for review was mailed to organizations and parties expressing interest in the FGPU. Comments submitted to the City during the public review of the Draft SPEIR have received formal responses as required by CEQA. Those responses to comments have been incorporated into the Final SPEIR (Appendix A).

C. Decision Making Process
The FGPU will be formally heard before the City Council on June 6, 2023, when an ultimate disposition (approval/denial of the FGPU and certification of the Final SPEIR) will be determined.

IV. GENERAL FINDINGS
The City hereby finds as follows:
 Pursuant to CEQA Guidelines Sections 15050 and 15051, the City is the “lead agency” for the FGPU.
 The Draft SPEIR and Final SPEIR were prepared in compliance with CEQA, CEQA Guidelines, and any City Significance Determination Thresholds.  The City has independently reviewed and analyzed the Draft SPEIR and Final SPEIR, and these documents reflect the independent judgment of the City.  An MMRP has been prepared for the FGPU, which the City has adopted or made a condition of approval of the FGPU. That MMRP is incorporated herein by reference and is considered part of the Record of Proceedings for the FGPU.  The MMRP designates responsibility and anticipated timing for the implementation of mitigation measures. The City will serve as the MMRP Coordinator.  In determining whether the FGPU has a significant impact on the environment, and in adopting these Findings pursuant to Section 21081 of CEQA, the City has based its decision on substantial evidence and has complied with CEQA Sections 21081.5 and 21082.2 and CEQA Guidelines Section 15901(b).
 The impacts of the FGPU have been analyzed to the extent feasible at the time of certification of the Final SPEIR.
 The City reviewed the comments received on the Draft SPEIR and the responses thereto and has determined that neither the comments received nor the responses to such comments add significant new information regarding environmental impacts associated with the FGPU. The City has based its actions on full appraisal of all viewpoints, including all comments received up to the date of adoption of these Findings concerning the environmental impacts identified and analyzed in the Final SPEIR.

CEQA Findings of Fact an Statement of Overriding Considerations

The responses to comments on the Draft SPEIR, which are contained in the Final SPEIR, clarify and amplify the analysis in the Draft SPEIR.  The City has made no decisions that constitute an irretrievable commitment of resources toward the FGPU prior to certification of the Final SPEIR, nor has the City previously committed to a definite course of action with respect to the FGPU.  Digital copies of all the documents incorporated by reference in the Draft SPEIR and/or Final SPEIR are and have been available upon request at all times at the offices of the City, custodian of record for such documents or other materials.

Having received, reviewed, and considered all information and documents in the record, the City hereby conditions the FGPU and finds as stated in these Findings.

V. FINDINGS REQUIRED UNDER CEQA
CEQA Section 21002 provides that “public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available that would substantially lessen the significant environmental effects of such projects[...].” The same statute states that the procedures required by CEQA “are intended to assist public agencies in systematically identifying both the significant effects of proposed projects or programs and the feasible alternatives or feasible mitigation measures that will avoid or substantially lessen such significant effects.” CEQA Section 21002 goes on to state that “in the event [that] specific economic, social, or other conditions make infeasible such project alternatives or such mitigation measures, individual projects may be approved in spite of one or more significant effects.”
The mandate and principles announced in CEQA Section 21002 are implemented, in part, through the requirement that agencies must adopt findings before approving projects or programs for which EIRs are required. For each significant environmental effect identified in an EIR for a proposed project or program, the approving agency must issue a written finding reaching one or more of three permissible conclusions. The first such finding is that “changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR” (CEQA Guidelines Section 15091(a)(1)). The second permissible finding is that “such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency” (CEQA Guidelines Section 15091 (a)(2)). The third potential conclusion is that “specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR” (CEQA Guidelines Section 15091(a)(3)). CEQA Section 21061.1 defines “feasible” to mean “capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.” CEQA Guidelines Section 15364 adds another factor: “legal” considerations (see also Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 565).

CEQA Findings of Fact an Statement of Overriding Considerations

The concept of “feasibility” also questions of a particular alternative or mitigation measure promotes the underlying goals and core objectives of a project (see San Diego Citizenry Group v. County of San Diego (2013) 219 Cal.App.4th 1, 18; see also City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417). “[F]easibility’ under CEQA encompasses ‘desirability’ to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors” (Ibid).

The CEQA Guidelines do not define the difference between “avoiding” a significant environmental effect and merely “substantially lessening” such an effect. The City must therefore glean the meaning of these terms from the other contexts in which the terms are used. CEQA Section 21081, on which CEQA Guidelines Section 15091 is based, uses the term “mitigate” rather than “substantially lessen.” The CEQA Guidelines therefore equate “mitigating” with “substantially lessening.” Such an understanding of the statutory term is consistent with the policies underlying CEQA, which include the policy that “public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects” (CEQA Section 21002).

For purposes of these Findings, the term “avoid” refers to the effectiveness of one or more mitigation measures to reduce an otherwise significant effect to a less than significant level.

In contrast, the term “substantially lessen” refers to the effectiveness of such measure or measures to substantially reduce the severity of a significant effect, but not to reduce that effect to a less than significant level. These interpretations appear to be mandated by the holding in Laurel Hills Homeowners Association v. City Council (1978) 83 Cal.App.3d 515, 519-527, in which the Court of Appeal held that an agency had satisfied its obligation to substantially lessen or avoid significant effects by adopting numerous mitigation measures, not all of which rendered the significant impacts in question less than significant.

Although CEQA Guidelines Section 15091 requires only that approving agencies specify that a particular significant effect is “avoid[ed] or substantially lessen[ed],” these Findings, for purposes of clarity, in each case will specify whether the effect in question has been reduced to a less-than-significant level or has simply been substantially lessened but remains significant. Moreover, although CEQA Guidelines Section 15091, read literally, does not require findings to address environmental effects that an EIR identifies as merely “potentially significant,” these Findings will nevertheless fully account for all such effects identified in the Final EIR.

In short, CEQA requires that the lead agency adopt mitigation measures or alternatives, where feasible, to substantially lessen or avoid significant environmental impacts that would otherwise occur. Project modifications or alternatives are not required, however, where such changes are infeasible or where the exclusive jurisdiction and responsibility for modifying the project lies with some other agency (CEQA Guidelines, § 15091, subd. (a), (b), and (c)).

A. Legal Effects of Findings
To the extent that these Findings conclude that various design features incorporated into the program and mitigation measures outlined in the Final SPEIR are feasible and have not been

CEQA Findings of Fact an Statement of Overriding Considerations

modified, superseded, or withdrawn, the City hereby binds itself to implement these design features and mitigation measures. These Findings, therefore, constitute a binding set of obligations that will come into effect when the City formally approves the FGPU.

VI. MITIGATION MONITORING AND REPORTING PROGRAM
As required by Public Resources Code Section 21081.6 (a)(1), the City, in adopting these Findings, also concurrently adopts an MMRP. The program is designed to ensure that during project implementation, all responsible parties comply with the feasible mitigation measures identified below. The MMRP is described in the document entitled “Mitigation Monitoring and Reporting Program,” included as Section 3.4 of the Final SPEIR. The City will use the MMRP to track compliance with required mitigation measures. The MMRP will be available for the public to review by request during the mitigation compliance period, which is an ongoing following program approval and through buildout of future projects implemented under the conditions of the program.

The MMRP will serve the dual purpose of verifying completion of the mitigation measures for the program and generating information on the effectiveness of the mitigation measures to guide future decisions.

VII. SUMMARY OF IMPACTS
The Final SPEIR contains an environmental analysis of the potential impacts associated with project implementation. The Final SPEIR concludes that the FGPU would have less than significant impacts and require no mitigation measures associated with the following issue areas:
 Aesthetics (Issue 3-Visual Character and Visual Quality)  Air Quality (Issue 4 - Odors)
 Cultural and Tribal Resources (Issue 3 – Human Remains; Issue 4 – Tribal Cultural Resources)
 Hazards (Issue 1 – Transport, Use, and Disposal; Issue 3 – Within 1/3 Mile of an Existing or Proposed Skill, Issue 5 – Airport Land Use Compatibility Plan Safety Hazard or Excessive Noise)
 Land Use (Issue 2 – Conflict with Land Use Plan, Policy, Regulations) The Final SPEIR concludes that implementation of the project would result in significant direct impacts that would be mitigated to less than significant levels with respect to the following issue areas:
 Cultural and Tribal Resources (Issue 1-Historic Resources, 2-Archeological Resources) (Direct and Cumulative)
 Geology and Soils (Issue 6-Paleontological Resources) (Direct and Cumulative)

CEQA Findings of Fact an Statement of Overriding Considerations

 Hazards (Issue 4 -Hazardous Materials Sites) (Direct and Cumulative)  Noise (Issue 1-Ambient Noise and Issue 2-Ground Borne Vibration) (Direct and Cumulative)
The Final SPEIR concludes that implementation of the FGPU would result in significant and unavoidable impacts with respect to the following issue areas.  Air Quality (Issue 1-Air Quality Plan Implementation, Issue 2-Air Quality Standards Issue 3-Sensitive Receptors) (Cumulative)
VIII. FINDINGS RELATED TO LESS THAN SIGNIFICANT IMPACTS The City finds the characterization of impacts in the Final SPEIR with respect to issue areas identified as less than significant have been described accurately and would result in less than significant impacts as so described in the Final SPEIR. This finding applies to the impacts evaluated in the Final SPEIR and determined to be less than significant, as stated under VII, Summary of Impacts, and listed below:
 Aesthetics (Issue 3-Visual Character and Visual Quality)  Air Quality (Issue 4 - Odors)
 Cultural and Tribal Resources (Issue 3 – Human Remains; Issue 4 – Tribal Cultural Resources)
 Hazards (Issue 1 – Transport, Use, and Disposal; Issue 3 – Within 1/3 Mile of an Existing or Proposed Skill, Issue 5 – Airport Land Use Compatibility Plan Safety Hazard or Excessive Noise)
 Land Use (Issue 2 – Conflict with Land Use Plan, Policy, Regulations)

CEQA Findings of Fact an Statement of Overriding Considerations

IX. SIGNIFICANT EFFECTS AND MITIGATION MEASURES
A. Impacts Mitigated to Less than Significant Levels: Findings Pursuant to CEQA Guidelines Section 15091(a)(1)

1. Cultural and Tribal Cultural Resources
Significance Determinations Threshold 1: Historic Resources Pursuant to Issue 1, a significant impact would occur if the project would cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5.

Impact CUL-1 Historic Resources
The Planning Area has the potential to contain significant historical structures and/or sites.

The adoption of the FGPU would not directly result in physical construction that would impact historic resources. Future buildout under the FGPU and its associated construction activities have the potential to result in direct or indirect impacts to subsurface resources during grading and/or construction activities. Direct impacts to historical resources (historic structures) could result from the physical demolition, destruction, relocation, or alteration of these structures within the Planning Area. Additionally, as implementation of the FGPU would occur over the next 30 years, future development has the potential to impact buildings or structures that may be 50 years of age or older at the time site-specific projects are proposed and, therefore, those sites may need to be evaluated for historical significance at that time.

Mitigation
Impacts to historical resources would be mitigated through implementation of MM-CUL-1.

MM-CUL-1 Historic Properties Application Review
Applications for future development shall be reviewed by the building official or designee for non-discretionary building or demolition permits to determine if they involve any structure identified on the list of historic properties, per National City Title 18 Zoning Chapter

18.12.160 Historic Properties, (c) Review of Ministerial Permits, or if a structure is known to be 45 years or older. If a property proposed for demolition or significant alteration or conversion is determined to be on the historic properties list, the application must be reviewed in accordance with Municipal Code Title 15 Buildings and Construction Chapter

15.34 Historical Buildings, which addresses regulations governing the enlargement, alteration, repair, moving, removal, demolition, converging, occupancy, use, and maintenance of all historical buildings and/or structure.

All discretionary permits involving a historic resource, or a structure known to be 45 years or older shall be reviewed in compliance with the California Environmental Quality Act (CEQA). For any building/structure having its original structural integrity intact and potentially eligible for the National Register of Historic Places or the California Register of Historic Resources, a qualified professional architectural historian may be required to determine whether the affected building/structure is historically significant. The evaluation

CEQA Findings of Fact an Statement of Overriding Considerations

of historic architectural resources shall be based on criteria such as age, location, context, association with an important person or event, uniqueness, or structural integrity, as indicated in CEQA Guidelines section 15064.5. A historical resource report shall be submitted by the project applicant to the City of National City and shall include the methods used to determine the presence or absence of historical resources, identify potential impacts from the proposed project, evaluate the significance of any historical resources, and identify mitigation measures to protect the resource from loss of a characteristic designating it as historic.

Finding
Pursuant to State CEQA Guidelines Section 15091(a)(1), changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant effect as identified in the Final SPEIR to a level less than significant. Specifically, mitigation measure MM-CUL-1 is feasible and shall be required to be implemented.

Rationale
Implementation of MM-CUL-1 would reduce significant direct and cumulative impacts to historical resources to a less than significant impact. This mitigation measure would require that applications for future development to be reviewed by the building official or designee for non-discretionary building or demolition permits to determine if they involve any structure identified on the list of historic properties, per National City Title 18 Zoning Chapter 18.12.160 Historic Properties, (c) Review of Ministerial Permits, or if a structure is known to be 45 years or older. All discretionary permits involving a historic resource, or a structure known to be 45 years or older shall be reviewed in compliance with the California Environmental Quality Act (CEQA).

Implementation of the mitigation measure would require the identification of historic structures during project application review for both ministerial and discretionary projects, and applicable construction regulations or mitigation would be required to protect the resource. Therefore, impacts would be reduced to a level less than significant.

Significance Determinations Threshold 2: Archaeological Resources Pursuant to Issue 2, a significant impact would occur if the project would cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5.

Impact CUL-2: Archaeological Resources
Pursuant to Issue 2, a significant impact would occur if the FGPU would cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5.

The adoption of the FGPU would not directly result in physical construction that would impact archaeological resources. However, future development consistent with the FGPU may result in direct or indirect impacts to both known and unknown archaeological resources.

While a majority of the Planning Area is largely built out, with limited vacant and undeveloped land, construction activities such as grading and excavation could result in the accidental destruction or disturbance of previously unidentified archaeological sites.

CEQA Findings of Fact an Statement of Overriding Considerations

Mitigation
Impacts to archaeological resources would be mitigated through implementation of MMCUL-2, MM-CUL-3, and MM-CUL-4.

MM-CUL-2 Ground Disturbance Monitoring
Applications for future development located on a vacant/undeveloped site or on a site with proposed excavation into native soils, wherein the Planning Department has determined a potential for impacts to subsurface archaeological resources, shall be required to comply with the following mitigation framework:

An archaeological and/or Native American monitor shall be present during construction activities that involve subsurface grading and/or excavation involving the disturbance of native soils more than 3 feet in depth. The monitor(s) would ensure that important subsurface archaeological sites, which could underlie a redevelopment area, are not damaged or destroyed.

MM-CUL-3 Archaeological Survey and Report
Applications for future development located on a vacant/undeveloped project site, wherein the Planning Department has determined a potential for impacts to archaeological resources, shall be required to comply with the following mitigation framework:

As applicable by recommendation by the Planning Department, an archaeological field survey of the project site and a report summarizing the findings of the survey shall be completed by a qualified archaeologist. An archaeological resource report detailing the results of the record search and the field survey of the project area shall be submitted by the project applicant to the City of National City.

The archaeological resources report would be required prior to issuance of a permit to ensure that any resources are identified and mitigated prior to grading and construction.

MM-CUL-4 Unanticipated Discovery of Archaeological Resources In the event of an unanticipated discovery during construction, construction should stop on the site until a qualified archaeologist can survey the resource and determine potential impacts and preservation measures. Any archaeological resources that are found on an undeveloped project site would be identified, adequately documented in the field, and/or preserved, as recommended by a qualified archaeologist.

Finding
Pursuant to State CEQA Guidelines Section 15091(a)(1), changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant effect as identified in the Final SPEIR to a level less than significant. Specifically, mitigation measure MM-CUL-2, MM-CUL-3, and MM-CUL-4 is feasible and shall be required to be implemented.

Rationale
Implementation of MM-CUL-2, MM-CUL-3, and MM-CUL-4 would reduce significant direct and cumulative impacts to archaeological resources to a level less than significant. This

CEQA Findings of Fact an Statement of Overriding Considerations

mitigation measure would require ground disturbance monitoring for future development located on a vacant/undeveloped site or on a site with proposed excavation into native soils.

In addition, developments falling under these conditions would be required to complete an archaeological field survey of the project site and submit a report summarizing the findings of the survey by a qualified archaeologist. In the event of inadvertent discovery, construction on the site should stop until a qualified archaeologist can survey the resource and determine potential impacts and preservation measures. Implementation of the mitigation measure would ensure that should archaeological resources or tribal cultural resources be discovered, steps are taken to preserve, document, and record such resources. Because implementation of the mitigation measure would preserve archaeological resources and tribal cultural resources that may be unearthed during construction, impacts would be reduced to a level less than significant.

2. Paleontological Resources
Significance Determinations Threshold 1: Paleontological Resources Pursuant to Issue 1, a significant impact would occur if the FGPU would directly or indirectly destroy a unique paleontological resource or site or unique geologic feature.

Impact PAL-1 Paleontological Resources
As described in Section 4.4.4 of the Draft SPEIR, excavation and grading within portions of the Planning Area are assigned a high paleontological resource sensitivity could destroy undiscovered paleontological resources. Impacts to unknown resources would be significant.

Projected buildout and the associated construction activities, which are likely to occur under the FGPU could result in direct or indirect impacts to paleontological resources depending on the depth and quantity of ground disturbance proposed. Construction activities such as grading and excavation within paleontologically sensitive areas may result in the accidental destruction or disturbance of paleontological resources.

Mitigation
Impacts to paleontological resources would be mitigated through implementation of MMPALEO-1.

MM-PALEO-1: Paleontological Monitoring and Excavation Plan All proposed site-specific projects under the Focused General Plan Update (FGPU) shall be reviewed by the Planning Department for the potential to result in impacts to paleontological resources. A project may result in impacts to paleontological resources if it:
(a) Is situated above any area of moderate to high paleontological sensitivity (as defined in the 2022 FGPU Draft Supplemental Program Environmental Impact Report Chapter

4.4 Paleontology);
(b) Would result in greater than 1,000 cubic yards of excavation at 10 feet or greater of depth in an area of high sensitivity; or
(c) Would result in greater than 2,000 cubic yards of excavation at 10 feet or greater depth in an area of moderate sensitivity.

CEQA Findings of Fact an Statement of Overriding Considerations

Projects meeting the above criteria shall be subject to implementation of the following mitigation framework:
(a) A qualified paleontological monitor shall be present during ground disturbance. The monitor shall have the authority to stop and/or divert grading, trenching, or excavating within an appropriate radius of the find if a paleontological resource is encountered. (b) An excavation plan shall be implemented to mitigate the discovery. Excavation shall include the salvage of the fossil remains (simple excavation or plaster-jacketing of larger and/or fragile specimens); recording of stratigraphic and geologic data; and transport of fossil remains to laboratory for processing and curation.

Finding
Pursuant to State CEQA Guidelines Section 15091(a)(1), changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant effect as identified in the Final SPEIR to a level less than significant. Specifically, mitigation measure MM-PALEO-1 is feasible and shall be required to be implemented.

Rationale
Implementation of MM-PALEO-1 would reduce significant direct and cumulative impacts to paleontological resources to a level less than significant. This mitigation measure would require implementation of specific monitoring actions prior to start of construction, during construction, and upon completion of construction. Implementation of the mitigation measure would ensure that should paleontological resources be discovered, steps are taken to preserve, document, and record such resources. Because implementation of the mitigation measure would preserve paleontological resources that may be unearthed during construction, impacts would be reduced to a level less than significant.

3. Hazards and Hazardous Materials
Significance Determinations Threshold 4: Cortese List/Hazardous Sites Pursuant to Issue 4, a significant impact would occur if the project would be located on a site which is included on a list of hazardous material sites compiled pursuant to Government Code § 65962.5 and, as a result, would create a significant hazard to the public or the environment.

Impact HAZ-4 Cortese List
The Planning Area is largely urbanized, and infill development allowed under the FGPU has the potential to be developed on sites with existing soil or groundwater contamination. Any infill development proposed on a site listed on a hazardous waste database would be required to prepare all required hazardous waste and material assessments and plans (including the Hazardous Materials Questionnaire and Hazardous Materials Business Plan) to determine necessary avoidance, minimization, and/or mitigation measures prior to ground disturbance, thus reducing the potential in exposing the public to hazards during construction.

CEQA Findings of Fact an Statement of Overriding Considerations

Future development under the FGPU would require compliance with General Plan Safety Element Policies S-8.1 through S-8.3, which would require cleanup and remediation of these contaminated sites as a condition of reuse of the site.

Redevelopment of contaminated sites, or adjacent sites, with existing soil or groundwater contamination could pose a significant hazard to the public or the environment through releases of hazardous materials into the environment. Although the risk of significant hazard to the public or the environment from redevelopment of sites with existing soil or groundwater contamination can be reduced by conformance with existing policies and regulations, it cannot be completely eliminated and therefore would have a significant impact (Impact HAZ-1).

Mitigation
Impacts from development being located on a listed hazardous material site would be mitigated through implementation of MM-HAZ-1.

MM-HAZ-1 Environmental Site Assessment
Applications for site-specific developments under the Focused General Plan Update (FGPU) where the Planning Department has determined a potential impact to a site listed in a hazardous materials database, or to sites with potential but unknown hazardous material impacts, shall be required to comply with the following mitigation framework:

Projects shall be required to identify potential conditions that require further regulatory oversight and demonstrate compliance based on the following measures prior to issuance of any permits.
a) A Phase I Environmental Site Assessment (ESA) shall be completed in accordance with ASTM International Standards. If hazardous materials are identified that require remediation, a Phase II ESA and remediation effort shall be conducted in conformance with federal, state, and local regulations.
b) If the Phase II ESA identifies the need for remediation, then the following shall occur prior to the issuance of grading permits:
1) The applicant shall retain a qualified environmental engineer to develop a soil and/or groundwater management plan to address the notification, monitoring, sampling, testing, handling, storage, and disposal of contaminated media or substances (soil, groundwater). The qualified environmental consultant shall monitor excavations and grading activities in accordance with the plan. The groundwater management and monitoring plans shall be approved by the City of National City prior to development of the site.
2) The applicant shall submit documentation showing that contaminated soil and/or groundwater on proposed development parcels has been avoided or remediated to meet cleanup requirements established by appropriate local regulatory agencies (Regional Water Quality Control Board [RWQCB]/California Department of Toxic Substances Control [DTSC]/Department of Environmental Health [DEH]) based on the future planned land use of the specific area within the boundaries of the site

CEQA Findings of Fact an Statement of Overriding Considerations

(i.e., commercial, residential), and that the risk to human health of future occupants of these areas therefore has been reduced to below a level of significance. 3) The applicant shall obtain written authorization from the appropriate regulatory agency (RWQCB/DTSC/DEH) confirming the completion of remediation. A copy of the authorization shall be submitted to the City to confirm that all appropriate remediation has been completed and that the proposed development parcel has been cleaned up to the satisfaction of the regulatory agency. In the even that previous contamination has occurred on a site that has a previously closed case or on a site included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5, the DEH shall be notified of the proposed land use.

All cleanup activities shall be performed in accordance with all applicable federal, state, and local laws and regulations, and required permits shall be secured prior to commencement of construction to the satisfaction of the City and compliance with applicable regulatory agencies such as but not limited to the National City Municipal Code.

Finding
Pursuant to State CEQA Guidelines Section 15091(a)(1), changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant effect as identified in the Final SPEIR to a level less than significant. Specifically, mitigation measure MM-HAZ-1 is feasible and shall be required to be implemented.

Rationale
Implementation of MM-HAZ-1 would require development projects located on a site listed in a hazardous materials database, or a site with potential but unknown hazardous material impacts, to identify potential conditions that require further regulatory oversight and demonstrate compliance. As required, all cleanup activities would be performed in accordance with all applicable federal, state, and local laws and regulations, and required permits would be secured prior to commencement of construction to the satisfaction of the City and compliance with applicable regulatory agencies such as but not limited to the National City Municipal Code. Therefore, implementation of the mitigation measure would ensure that should hazardous materials be present on a site proposed for redevelopment, adequate remediation would be completed prior to approval of permits. Because implementation of the mitigation measure would reduce potential significant hazards to the public or the environment, impacts would be reduced to a level less than significant.

4. Noise and Vibration
Significance Determinations Threshold 1: Ambient Noise
Pursuant to Issue 1, a significant impact would occur if a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies, is generated.

CEQA Findings of Fact an Statement of Overriding Considerations

Impact NOI-1 and NOI-2 Ambient Noise
There is a high likelihood for construction activities to take place adjacent to existing noisesensitive receivers such as residential dwelling uses. Noise level changes would be greatest nearest the Focus Areas, where the greatest concentration of project-related traffic would occur and would diminish at greater distances from the Focus Areas of development.

Future development in and around the Focus Areas potentially would be exposed to changes in ambient noise from a variety of sources including vehicular traffic, stationary sources such as certain commercial uses and construction noise.

Mitigation
Impacts to ambient noise from the project would be mitigated through implementation of MM-NOI-1 and MM-NOI-2.

MM-NOI-1 Temporary Noise Sources (Construction)
Prior to the issuance of a permit to construct land uses associated with noise-sensitive receptors consistent with the Focused General Plan Update within 112 feet of a noisesensitive receptors, including, but not limited to, residential dwelling units, transient lodging, hospitals, nursing homes, facilities for long-term medical care, educational facilities, libraries, or churches, a Construction Noise Control Plan shall be submitted to the City of National City’s Community Development Department for review and approval. The plan shall demonstrate that all construction activity will not expose noise-sensitive land uses such as residences to noise levels that exceed 75 dBA Leq. The construction noise control plan can include, but is not limited to, the following:
 Ensure that construction equipment is properly muffled according to industry standards and is in good working condition.
 Place noise-generating stationary equipment and construction staging areas away from sensitive uses, where feasible.
 Implement noise attenuation measures to the extent feasible, which may include, but are not limited to, temporary noise barriers or noise blankets around stationary construction noise sources.
 Use electric air compressors and similar power tools rather than diesel-powered equipment, where feasible.
 Construction-related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than 5 minutes.  Project developers shall require by contract specifications that heavily loaded trucks used during construction be routed away from residential streets to the extent feasible.

Contract specifications shall be included in construction documents, which shall be reviewed by the City prior to issuance of a grading permit.  Prior to commencement of construction activities, at least one sign shall be installed near the project site entrance stating the allowable construction hours and workdays, as well as the phone number of the job superintendent. The sign shall be clearly conspicuous and legible from the public right-of-way and shall remain in place throughout construction. If the City or the job superintendent receives a complaint, the superintendent shall investigate, take appropriate corrective action, and report the action taken to the reporting party.

CEQA Findings of Fact an Statement of Overriding Considerations

MM-NOI-2 Permanent Stationary Noise Sources
Prior to the issuance of a permit to construct developments consistent with the Focused General Plan Update that would include outdoor mechanical equipment, the Planning Department shall require appropriate noise attenuation measures for heating, ventilation, and air conditioning (HVAC) equipment, including, but not limited to, (1) set back at least 30 feet from the nearest property line, (2) surrounded by walls or parapet walls that obstruct the line-of-sight to adjacent land uses, or (3) placed within a mechanical equipment room.

Where it may be demonstrated that other measures would reduce HVAC noise to levels below the limits specified in the Municipal Code, such measures may be substituted.

Finding
Pursuant to State CEQA Guidelines Section 15091(a)(1), changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant effect as identified in the Final SPEIR to a level less than significant. Specifically, mitigation measure MM-NOI-1 and MM-NOI-2 is feasible and shall be required to be implemented.

Rationale
Implementation of MM-NOI-1 and MM-NOI-2 would require development projects located within 112-feet of a noise sensitive receptor to develop and submit a Construction Noise Control to the City of National City’s Community Development Department for review and approval. The plan shall demonstrate that all construction activity will not expose noisesensitive land uses such as residences to noise levels that exceed 75 dBA Leq. In addition, any permanent noise source installations would be required be show attenuation as conditions of approval. Therefore, implementation of the mitigation measures would ensure impacts to ambient noise are minimized, and impacts would be reduced to a level less than significant.

Significance Determinations Threshold 2: Vibration
Pursuant to Issue 2, a significant impact would occur if excessive groundborne vibration or groundborne noise levels are generated by the project.

Impact NOI-3 Vibration
Future development consistent with the Specific Plan may require pile driving or blasting that would expose people to excessive groundborne vibration or noise levels. As project-level details are not available at this time, potential vibration impacts cannot be determined.

Future development consistent with the FGPU may require pile driving that would expose people to excessive groundborne vibration or noise levels (Impact NOI-3).

Mitigation
Impacts from vibration would be mitigated through implementation of MM-NOI-3.

CEQA Findings of Fact an Statement of Overriding Considerations

NOI-3 Vibration
Prior to the issuance of a permit to construct projects that are in the Planning Area that would include pile driving, the Planning Department shall require that a Noise and Vibration Impact Analysis be prepared. The Noise and Vibration Impact Analysis shall be prepared by a qualified professional. Wherein a potential impact-related groundborne noise or vibration is identified, the Planning Department shall require that the reduction measures be incorporated into project design.

Finding
Pursuant to State CEQA Guidelines Section 15091(a)(1), changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant effect as identified in the Final SPEIR to a level less than significant. Specifically, mitigation measure MM-NOI-3 is feasible and shall be required to be implemented.

Rationale
Implementation of MM-NOI-3 would require projects that would include pile driving to complete a Noise and Vibration Impact Analysis and to incorporate vibration reduction measures into the project design. With implementation of MM-NOI-3, vibration impacts would be reduced on a project specific basis to a level less than significant.

B. Impacts that can only be Mitigated to Less than Significant Levels by Another Jurisdiction: Findings Pursuant to CEQA Guidelines Section 15091(a)(2) No impacts that could only be mitigated to less than significant through the actions of another jurisdiction or public agency were identified in the Final SPEIR.

C. Impacts that would Remain Significant and Unavoidable Findings Pursuant to CEQA Guidelines Section 15091(a)(3)
This section identifies the significant unavoidable impacts that require a statement of overriding considerations to be issued by the National City City Council, pursuant to Section 15093 of the CEQA Guidelines, if the project is approved. Based on the analysis contained in the Final SPEIR, the following impacts have been determined to be significant and unavoidable:

1. Air Quality
Significance Determinations Threshold 1: Consistency with Air Quality Plans Pursuant to Issue 1, a significant impact would occur if conflict with or obstruction of the implementation of an applicable air quality plan would occur.

CEQA Findings of Fact an Statement of Overriding Considerations

Impact AQ-1 Consistency with Air Quality Plans
The FGPU would result in greater density, and overall future operational emissions associated with buildout of the FGPU would be greater than future emissions associated with buildout of the adopted General Plan land uses. Therefore, emissions of ozone precursors (reactive organic gases and nitrogen oxides) would be greater than what is accounted for in the San Diego County Regional Air Quality Strategy (RAQS). Thus, the FGPU would conflict with implementation of the RAQS.

Mitigation
Impacts from conflict with air quality plans would be mitigated through implementation of MM-AQ-1 but would be a significant impact until implementation of the mitigation measure is completed.

MM-AQ-1 Conflicts with Air Quality Plans
Within six months of the certification of the Final Supplemental Program Environmental Impact Report, the City of National City shall provide a revised land use map and housing and employment forecast for the Planning Area to the San Diego Association of Governments (SANDAG) to ensure that any revisions to the population and employment projections used by the San Diego Air Pollution Control District in updating the Regional Air Quality Strategy and State Implementation Plan will accurately reflect anticipated growth due to the proposed project.

Finding
Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations are required in, or incorporated into, the project, which will mitigate, in part, this significant air quality impact attributable to the project, as identified in the Final SPEIR. Specifically, mitigation measure MM-AQ-1 is feasible and shall be required to be implemented. However, until the anticipated growth is included in the emission estimates of the RAQS and the SIP, the direct and cumulative impacts of impact AQ-1would remain significant and unavoidable. Pursuant to Public Resources Code Section 21081(b), see Statement of Overriding Considerations, there are specific overriding economic, legal, social, technological, and other benefits of the project that outweigh the significant and unavoidable impacts.

Rationale
The FGPU would not be consistent with the RAQS and SIP and would result in a significant and unavoidable impact (Impact AQ-1) in the near-term. MM-AQ-1 requires that the City provide a revised land use map and housing and employment forecast to SANDAG to ensure that any revisions to the population and employment projects are considered in the update of the RAQS and the SIP. The provision of housing information would assist SANDAG in revising the population forecasts; however, until the anticipated growth is included in the emission estimates of the RAQS and the SIP, the direct and cumulative impacts would remain significant and unavoidable. It should be noted that the SDAPCD may revise an emission reduction strategy if the district demonstrates to CARB, and CARB finds, that the

CEQA Findings of Fact an Statement of Overriding Considerations

modified strategy is at least as effective in improving air quality as the strategy being replaced.

Significance Determinations Threshold 2: Air Quality Standards Pursuant to Issue 2, a significant impact would occur if the project would result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard.

Impact AQ-2 Air Quality Standards
The exact number and timing of individual development projects that would occur as a result of implementation of the FGPU are unknown at this time, and therefore project-level emission estimates cannot conclusively be determined at the program level. Because of the potential for multiple individual projects occurring simultaneously, construction emissions could exceed San Diego Air Pollution Control District screening thresholds. Subsequent development projects would need to analyze specific construction-related criteria air pollutant impacts to ensure that emissions remain below SDAPCD thresholds.

Operational source emissions would originate from traffic generated by buildout of the FGPU or as a result of future development consistent with buildout of the FGPU. At the program level, the analysis considers emissions from buildout of the FGPU in relation to the adopted General Plan to determine if the emissions would exceed the emissions estimates included in the RAQS. If such an exceedance occurs, then the FGPU would obstruct attainment or result in an exceedance of the NAAQS and CAAQS and could cause the temporary or permanent exposure of persons to unhealthy concentrations of pollutants. Therefore, the analysis evaluates the potential for future development within the FGPU area to result in, or contribute to, a violation of any air quality standard, based on a comparison of the total change in pollutant emissions projected to result from buildout of the adopted General Plan in the year 2050 to buildout of the FGPU in the year 2050, and determines whether the total change in emissions is significant.

The City’s process for evaluating discretionary projects includes environmental review and documentation pursuant to CEQA, as well as an analysis of those projects for consistency with the goals, policies, and recommendations of the General Plan. However, it is possible that for certain projects, adherence to the regulations may not adequately protect air quality, and such projects would require additional measures to avoid or reduce significant air quality impacts. Ministerial projects would not be subject to further CEQA review. Because operational emissions associated with buildout of the FGPU would be greater for all pollutants when compared to adopted land uses and the assumptions used to develop the RAQS, and because there could be certain projects that would not be able to reduce emissions below the thresholds, this impact would be potentially significant (Impact AQ-3).

Mitigation
Impacts from conflict with air quality standards would be reduced through implementation of MM-AQ-2A, M-AQ-2B and MM-AQ-3.

CEQA Findings of Fact an Statement of Overriding Considerations

MM-AQ-2A Air Quality Standards - Project-specific Construction Air Quality Impact Analysis
Proposed development projects that are subject to the California Environmental Quality Act (CEQA) and larger than the hypothetical 1.87-acre mixed-use scenario described herein shall have construction-related air quality impacts analyzed using the latest available CalEEMod model, or other analytical method determined in conjunction with the City of National City.

The results of the construction-related air quality impacts analysis shall be included in the development project’s CEQA documentation. If such analyses identify potentially significant regional or local air quality impacts based on the City’s emissions thresholds, the City shall require the incorporation of appropriate mitigation to reduce such impacts. Examples of potential mitigation measures are provided in MM-AQ-2B, below.

MM-AQ-2B Air Quality Standards - Construction Emissions Reduction Measures For individual construction projects greater than 5 acres that exceed the daily emissions thresholds established by the City of National City, best available control measures/ technology shall be incorporated to reduce construction emissions to the extent feasible. Best available control measures/technology shall include, but not be limited to, the following:
a) Minimizing simultaneous operation of multiple pieces of construction equipment; b) Use of more efficient, or low pollutant emitting equipment, e.g., Tier III or Tier IV rated equipment;
c) Use of alternative fueled construction equipment;
d) Dust control measures for construction sites to minimize fugitive dust such as:
i. Contractor(s) shall implement paving, chip sealing, or chemical stabilization of internal roadways after completion of grading.
ii. Dirt storage piles shall be stabilized by chemical binders, tarps, fencing, or other erosion control.
iii. A 15-mile per hour (mph) speed limit shall be enforced on unpaved surfaces. iv. On dry days, dirt and debris spilled onto paved surfaces shall be swept up immediately to reduce resuspension of particulate matter caused by vehicle movement. Approach routes to construction sites shall be cleaned daily of construction-related dirt in dry weather.
v. Haul trucks hauling dirt, sand, soil, or other loose materials shall be covered, or 2 feet of freeboard shall be maintained.
vi. Disturbed areas shall be hydroseeded, landscaped, or developed as quickly as possible and as directed by the County of San Diego and/or San Diego Air Pollution Control District to reduce dust generation.
vii. Grading shall be terminated if winds exceed 25 mph. viii. Any blasting areas shall be wetted down prior to initiating the blast. e) Minimizing idling time by construction vehicles.

MM-AQ-3 Air Quality Standards - Project-specific Operational Air Quality Impact Analysis

CEQA Findings of Fact an Statement of Overriding Considerations

Proposed development projects that are subject to the California Environmental Quality Act (CEQA) (non-ministerial) shall have long-term operational-related air quality impacts analyzed using the latest available CalEEMod model, or other analytical method determined in conjunction with the City of National City. The results of the operational-related air quality impacts analysis shall be included in the development project’s CEQA documentation.

If such analyses identify potentially significant regional or local air quality impacts based on the City’s thresholds, the City shall require the incorporation of appropriate mitigation to reduce such impacts. Examples of potential measures shall include, but not be limited to, the following:
 Install electric vehicle charging stations;
 Improve walkability design and pedestrian network;
 Increase transit accessibility and frequency by incorporating Bus Rapid Transit routes;
 Included in the San Diego Association of Governments Regional Plan; and/or  Limit parking supply and unbundle parking costs. Lower parking supply below Institute of Traffic Engineers rates and separate parking costs from property costs.

Finding
Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(3), changes or alterations are required in, or incorporated into, the project, which will mitigate, in part, this significant air quality impact attributable to the project, as identified in the Final SPEIR. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final SPEIR.

Specifically, the ability of future development to successfully implement the actions required to fully satisfy MM-AQ-2 and MM-AQ-3 cannot be guaranteed at this time, and impacts would remain significant and unavoidable. Pursuant to Public Resources Code Section 21081(b), see Statement of Overriding Considerations, there are specific overriding economic, legal, social, technological, and other benefits of the project that outweigh the significant and unavoidable impacts.

Rationale
As the implementation of these mitigation measures cannot be guaranteed at this time, the mitigation measures identified are considered infeasible. In addition, even if the mitigation measures were fully satisfied by a future development, it is possible that the development would still result in a significant impact related to violating air quality standards (Impact AQ-2). Thus, air pollutant impacts from construction and operation under the FGPU are considered significant and unavoidable at the program level.

Significance Determinations Threshold 3: Sensitive Receptors Impact AQ-3 Sensitive Receptors
Potential impacts to sensitive receptors may result from stationary or mobile sources in the vicinity of the receptor. Future development may site new sensitive receptors in proximity to land uses commonly associated with substantial air emissions, such as industrial uses.

CEQA Findings of Fact an Statement of Overriding Considerations

The FGPU zoning designations for parcels within 500 feet of I-5 are generally Industrial and Commercial/Industrial. CARB has identified DPM from heavy equipment and trucks as a TAC and estimates that DPM is responsible for 70 percent of total known cancer risk related to air toxics in California. Because traffic is responsible for the majority of DPM as well as several other carcinogens, CARB recommends caution when siting sensitive land uses near heavily traveled roadways. Parcels with a residential Specific Plan zoning designation that are entirely or partially within 500 feet of I-5 include the Focus Area 24th Street Transit Station. Therefore, future development consistent with FGPU may result in the exposure of sensitive receptors to substantial DPM concentrations from mobile sources. Impacts of the FGPU relative to DPM exposure would be significant (Impact AQ-4).

Mitigation
Impacts to sensitive receptors would be reduced through implementation of MM-AQ-4A and 4B.

MM-AQ-4A Sensitive Receptors - Health Risk Assessment
Prior to the issuance of building permits for any facility that would place sensitive receptors within 500 feet of Interstate 5, a health risk assessment shall be prepared that demonstrates that health risks would be below the level of significance.

MM-AQ-4B Sensitive Receptors – Enhanced Construction
Where a project consistent with the Focused General Plan Update would place sensitive receptors within 500 feet of Interstate 5, the City of National City shall require that buildings be equipped with ventilation systems that are rated at Minimum Efficiency Reporting Value of “MERV13” or better for enhanced particulate removal efficiency. The City Building Inspector shall verify the aforementioned requirements are included on plans submitted for approval of any Land Use and Building permits and shall verify compliance on-site prior to occupancy clearance. The property manager or responsible maintenance entity shall be trained in conducting regular inspections and replacements, and regular inspections and replacements shall be completed on the recommended basis by the system manufacturer.

Finding
Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(3), specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measure or project alternatives identified in the final EIR. Specifically, the ability of future development to successfully implement the actions required to fully satisfy MM-AQ4A and MM-AQ-4B cannot be guaranteed at this time, and impacts would remain significant and unavoidable. Pursuant to Public Resources Code Section 21081(b), see Statement of Overriding Considerations, there are specific overriding economic, legal, social, technological, and other benefits of the project that outweigh the significant and unavoidable impacts.

CEQA Findings of Fact an Statement of Overriding Considerations

Rationale
While implementation of MM-AQ-4A and MM-AQ-4B would reduce TAC impacts, the ability of future development to successfully implement the actions required to fully meet the health risk threshold cannot be guaranteed at this time. Thus, TAC impacts under the FGPU are considered significant and unavoidable at the program level.

X. FINDINGS REGARDING ALTERNATIVES
In accordance with Section 15126.6(a) of the CEQA Guidelines, an EIR must contain a discussion of “a range of reasonable alternatives to a project, or the location of a project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project and evaluate the comparative merits of the alternatives.” Section 15126.6(f) further states that “the range of alternatives in an EIR is governed by the 'rule of reason' that requires the EIR to set forth only those alternatives necessary to permit a reasoned choice.”
The objectives of the project are presented above.

The City Council must consider the feasibility of any alternatives to the FGPU, evaluating whether these alternatives could avoid or substantially lessen significant environmental effects while achieving most of the objectives of the program. The Final SPEIR includes an analysis of two alternative program scenarios: No Project (Adopted Plan) Alternative and the Alternate Project Location Alternative.

No Project (Adopted Plan) Alternative
The No Project (Adopted Plan) Alternative would see greater impacts than that of the FGPU in conflicting with land use plans, policies, and regulations and in GHG emissions. The No Project Alternative would not update the General Plan elements and CAP to be in compliance with recent State and local legislation and plans to reduce GHG emissions and achieve sufficient new local housing supply. The No Project Alternative would not include greater connections to transit from higher-density development within a 0.5-mile radius of highquality transit (and associated VMT reductions) and would not include updated CAP strategies that aim to reduce emissions from all sectors (energy, transportation, water, solid waste, etc.) In addition, it would not include the GHG reduction strategies included in the 2022 California Air Resources Board (CARB) Scoping Plan. Therefore, it would not be consistent with the GHG reduction goals of the 2022 CARB Scoping Plan.

The No Project Alternative would see a reduction in impacts related to air quality (consistency with air quality plans and exposing sensitive receptors to air quality impacts), as compared to the FGPU. This reduction would be due to new sensitive receptors not being exposed to substantial diesel particulate matter concentrations from mobile sources due to lack of the potential for future infill development within 500 feet of I-5. The No Project Alternative does not propose new redevelopment opportunities in this area. In addition, since existing regional air plans are based on the existing City forecasts, the No Project

CEQA Findings of Fact an Statement of Overriding Considerations

Alternative, which is based on the Adopted General Plan, would be consistent with the Regional Air Quality Standards (RAQS).

Although this Alternative sees reductions in some impacts as compared to the FGPU, the No Project Alternative would not fully address the following objectives of the FGPU:
 Update the City’s General Plan to integrate new State legislation and other regional and local regulatory changes into the City’s policies and programs. o The No Project Alternative would not update the General Plan to integrate new State legislation that has been adopted since 2011.  Develop a comprehensive circulation system that is safe and efficient for all modes of travel and that is coordinated with the regional system. o The No Project Alternative would not update the circulation system with the latest Regional Transportation Plan/Sustainable Communities Strategy update, 2021 San Diego Forward Regional Plan.
 Reduce greenhouse gas (GHG) emissions resulting from local government and community-wide activities within the City.
o The No Project Alternative would reduce GHG emissions, but as it was developed in 2011, the current adopted Climate Action Plan (CAP) would not maintain consistency with the State legislation adopted since then, which sets new GHG reduction goals (see Table CAP-1 Regulatory Framework in the 2022 CAP).

Alternate Project Location Alternative
The Alternate Project Location Alternative would incrementally reduce the project’s significant impacts requiring mitigation associated with air quality emissions on sensitive receptors and would have less impacts in conflicting with land use plans, policies, and regulations, and in ambient noise impacts compared to the FPGU. Incremental differences are due to a change from the proposed the 24th Street Transit Center Focus Area to the Alternate Site). The 24th Street Transit Center Focus Area’s proximity to the busy I-5 corridor has the potential to expose sensitive receptors to emissions from stationary or mobile sources in the vicinity. As detailed in the Draft SPEIR Chapter 4.2 Air Quality, Section

4.2.7.2 Mobile Sources, sensitive receptors within 500 feet of I-5 are likely to be subject to substantial diesel particulate matter concentrations from mobile sources. Since the Alternative Project Location Alternative would move density from the 24th Street Transit Center Focus Area away from this range of the I-5, it would result in less air quality impacts to sensitive receptors. The Alternative would result in incrementally less impacts relating to consistency with local policies since it would not propose new residential development within 500 feet of the centerline of a freeway (e.g., the 24th Street Transit Center Focus Area of the Proposed Project would be replaced by the Alternate Site), and therefore consistent with Adopted General Plan Policy HEJ-2.3. The Alternative would also have an incremental reduction in ambient noise impacts to sensitive receptors compared to the Proposed Project due to the location of the Alternate Site since freeways are sources of sustained vehicular noise that contributes to the ambient noise environment.

While the Alternate Project Location Alternative would incrementally reduce impacts as compared to the FGPU, the relocation of density from the 24th Street Transit Station to a set

CEQA Findings of Fact an Statement of Overriding Considerations

of parcels (“Alternative Site”) further from the I-5 would not place density in as close proximity to an existing transit station, therefore, incrementally reducing transit-oriented development in the City.

Despite this, the Alternate Location Alternative would meet all of the objectives of the Proposed Project, as the differences between the two are minor.

Finding
The City Council, having reviewed and considered the information contained in the Final SPEIR, finds pursuant to CEQA Guidelines Section 15091(a)(3) that the alternatives presented and considered in the Final SPEIR constitute a reasonable range of alternatives necessary that would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project to permit a reasoned choice among the options available to the City and/or the project proponent.

XI. FINDINGS REGARDING OTHER CEQA CONSIDERATIONS
A. Growth Inducement
Based on the discussion presented in Chapter 5.0 of the Draft SPEIR, the City finds that the FGPU would be growth inducing as it provides a land use framework that allows for additional housing over what is currently allowed within the Planning Area under the adopted General Plan. The FGPU would not remove an impediment to growth; rather, it would supplement the existing land use framework governing the area. An overall increase in commercial and industrial development would generate additional employment growth, while the anticipated increase in residential units within the Planning Area would help to foster economic growth within the City. As such, the FGPU can be considered to be a growthinducing project, intended to spur economic, population, and housing growth within the Planning Area.

B. Significant Irreversible Environmental Changes
Section 15126.2(c) of the State CEQA Guidelines requires an EIR to address any significant irreversible environmental changes that may occur because of project implementation.

Consistent with the analysis presented in Chapter 6.0 Cumulative Impacts of the Draft SPEIR, the City finds that implementation of the project would not result in significant irreversible impacts to non-renewable resources. Additionally, the City finds, consistent with the Final SPEIR, that the FGPU would not result in secondary impacts from environmental changes resulting from the adoption of the FGPU, nor would irreversible environmental changes potentially occur associated with future buildout due to mitigation.

XII. STATEMENT OF OVERRIDING CONSIDERATIONS
Pursuant to Public Resources Code Section 21081(b) and CEQA Guidelines section 15093(a) and (b), the City Council (City) is required to balance, as applicable, the economic, legal, social, technological, or other benefits, including region-wide or statewide environmental

CEQA Findings of Fact an Statement of Overriding Considerations

benefits, of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological or other benefits of the project, including region-wide or statewide environmental benefits, outweigh the unavoidable adverse environmental effects, those effects may be considered “acceptable” (CEQA Guidelines, §15093 (a)). CEQA requires the agency to support, in writing, the specific reasons for considering a project acceptable when significant impacts are not avoided or substantially lessened. Those reasons must be based on substantial evidence in the Final EIR or elsewhere in the administrative record (CEQA Guidelines, §15093(b)).

Courts have upheld overriding considerations that were based on a variety of policy considerations including, but not limited to, new jobs, stronger tax base, and implementation of an agency’s economic development goals, growth management policies, redevelopment plans, the need for housing and employment, conformity to community plan, and provision of construction jobs, See Towards Responsibility in Planning v. City Council (1988) 200 Cal App. 3d 671; Dusek v. Redevelopment Agency (1985) 173 Cal App. 3d 1029; City of Poway v City of San Diego (1984) 155 Cal App. 3d 1037; Markley v. City Council (1982) 131 Cal App.3d 656.

In accordance with the requirements of CEQA and the CEQA Guidelines, the City finds that the mitigation measures identified in the Final SPEIR and the Mitigation Monitoring and Reporting Program, when implemented, will avoid or substantially lessen many of the significant effects identified in the Draft SPEIR for the project. However, certain significant impacts of the FGPU are unavoidable even after incorporation of all feasible mitigation measures. These significant unavoidable impacts are to air quality. The Draft SPEIR provides detailed information regarding these impacts (see Final SPEIR Section 3.3.10Air Quality: Significance After Mitigation).

The City finds that all feasible mitigation measures identified in the Final SPEIR will be implemented as conditions of approval for each future development project consistent with the FGPU, and that the remaining significant unavoidable effects are outweighed and are found to be acceptable due to the following specific overriding economic, legal, social, technological, or other benefits based upon the facts set forth above, the Final SPEIR, and the record, as follows:

1. The City has identified the need to serve the residents of National City and the region; to meet projected increases in demand for housing opportunities; and to further become a resilient, transit-oriented development community by providing a framework for future development through 2050.

2. The FGPU will provide opportunities for infill development of new housing and commercial properties, specifically in proximity to transit corridors.

3. The FGPU provides guidance to improve vehicular, pedestrian, and bicycle connections and circulation.

4. The FGPU provides a framework to reduce citywide GHG emissions to meet state reduction targets.

CEQA Findings of Fact an Statement of Overriding Considerations

5. The FGPU provides guidance for smart growth that will encourage the development of complete neighborhoods that meet the community’s needs for sustainable and highquality living environments.

Considering all the factors, the City finds that there are specific economic, legal, social, technological, and other considerations associated with the FGPU that serve to override and outweigh the project's significant unavoidable effects and, thus, the adverse effects are considered acceptable. Therefore, the City hereby adopts this Statement of Overriding Considerations.

CEQA Findings of Fact an Statement of Overriding Considerations April 2023 9‐1
9 MITIGATION MONITORING AND REPORTING

PROGRAM
California Environmental Quality Act Section 21081.6, requires that a mitigation monitoring and reporting program be adopted upon certification of an environmental impact report to ensure that the mitigation measures are implemented for significant or potentially significant impacts. The mitigation monitoring and reporting program specifies what the mitigation is, the entity responsible for monitoring the program, and when in the process it should be accomplished.

Attachment 2

Draft Supplemental Program EIR ‐ Focused General Plan Update  9. Mitigation Monitoring and Reporting Program
April 2023 9‐2
Environmental Issue  Responsible Party  Deliverable  Complete by  Date Completed
Air QualityMM‐AQ‐1 Conflicts with Air Quality Plans: Within six months of the certification of the Final Supplemental Program Environmental Impact Report, the City of National City shall provide a revised land use map and housing and employment forecast for the Planning Area to the San Diego National Association of Governments to ensure that any revisions to the population and employment projections used by the San Diego Air Pollution Control District in updating the Regional Air Quality Standards and State Implementation Plan will accurately reflect anticipated growth due to the proposed project.

City  Revised land use map and
housing and employment forecast for the Planning Area
MM‐AQ‐2A Air Quality Standards ‐ Project‐specific Construction Air Quality Impact Analysis: Proposed development projects that are subject to the California Environmental Quality Act (CEQA) and larger than the hypothetical 1.87‐acre mixed‐use scenario contained herein shall have construction‐related air quality impacts analyzed using the latest available CalEEMod model, or other analytical method determined in conjunction with the City of National City. The results of the construction‐related air quality impacts analysis shall be included in the development project’s CEQA documentation. If such analyses identify potentially significant regional or local air quality impacts based on the City’s emissions thresholds, the City shall require the incorporation of appropriate mitigation to reduce such impacts.

Project Applicant  Construction‐related air
quality impacts analysis

Draft Supplemental Program EIR ‐ Focused General Plan Update  9. Mitigation Monitoring and Reporting Program
April 2023 9‐3
Environmental Issue  Responsible Party  Deliverable  Complete by  Date Completed
Examples of potential mitigation measures are provided in MM‐AQ‐2B, below.MM‐AQ‐2B Air Quality Standards ‐ Construction Emissions Reduction Measures: For individual construction projects greater than 5 acres that exceed the daily emissions thresholds established by the City of National City, best available control measures/technology shall be incorporated to reduce construction emissions to the extent feasible. Best available control measures/technology shall include, but not be limited to, the following: a) Minimizing simultaneous operation of multiple pieces of construction equipment;
b) Use of more efficient, or low pollutant emitting
equipment, e.g., Tier III or Tier IV rated
equipment;
c) Use of alternative fueled construction
equipment;
d) Dust control measures for construction sites to
minimize fugitive dust such as:i) Contractor(s) shall implement paving, chip sealing, or chemical stabilization of internal
roadways after completion of grading.
ii) Dirt storage piles shall be stabilized by
chemical binders, tarps, fencing, or othererosion control. iii) A 15‐mile per hour (mph) speed limit shall
be enforced on unpaved surfaces.

Project Applicant  Conditions of Approval?

Draft Supplemental Program EIR ‐ Focused General Plan Update  9. Mitigation Monitoring and Reporting Program
April 2023 9‐4
Environmental Issue  Responsible Party  Deliverable  Complete by  Date Completed
iv)  On dry days, dirt and debris spilled onto
paved surfaces shall be swept up immediately to reduce resuspension of particulate matter caused by vehicle movement. Approach routes to construction sites shall be cleaned daily of construction‐related dirt in dry weather. v)  Haul trucks hauling dirt, sand, soil, or other
loose materials shall be covered, or 2 feet of freeboard shall be maintained. vi)  Disturbed areas shall be hydroseeded,
landscaped, or developed as quickly as possible and as directed by the County of San Diego and/or San Diego Air Pollution Control District to reduce dust generation. vii)  Grading shall be terminated if winds exceed
25 mph.
viii)  Any blasting areas shall be wetted down
prior to initiating the blast.
e)  Minimizing idling time by construction vehicles.

MM‐AQ‐3 Air Quality Standards ‐ Project‐specific Operational Air Quality Impact Analysis: Proposed development projects that are subject to the California Environmental Quality Act (CEQA) (non‐ministerial) shall have long‐term operational‐related air quality impacts analyzed using the latest available CalEEMod model, or other analytical method determined in conjunction with the City of National City. The results of the operational‐related air quality impacts analysis shall be included in the development project’s CEQA documentation. If Project Applicant   Long‐term operational‐related
air quality impact analysis

Draft Supplemental Program EIR ‐ Focused General Plan Update  9. Mitigation Monitoring and Reporting Program
April 2023 9‐5
Environmental Issue  Responsible Party  Deliverable  Complete by  Date Completed
such analyses identify potentially significant regional or local air quality impacts based on the City’s thresholds, the City shall require the incorporation of appropriate mitigation to reduce such impacts. Examples of potential measures shall include, but not be limited to, the following:  Install electric vehicle charging stations;  Improve walkability design and pedestrian network;
 Increase transit accessibility and frequency by
incorporating Bus Rapid Transit routes;
 included in the San Diego Association of
Governments Regional Plan; and/or
 Limit parking supply and unbundle parking
costs. Lower parking supply below Institute of Traffic Engineers rates and separate parking costs from property costs.

MM‐AQ‐4A Sensitive Receptors ‐ Health Risk Assessment:  Prior to the issuance of building permits for any facility that would place sensitive receptors within 500 feet of Interstate 5, a health risk assessment shall be prepared that demonstrates that health risks would be below the level of significance.

Project Applicant  Health risk assessment
MM‐AQ‐4B Sensitive Receptors – Enhanced Construction: Where a project consistent with the Focused General Plan Update would place sensitive receptors within 500 feet of Interstate 5, the City of National City shall require that buildings be equipped with ventilation systems that are rated at Project Applicant, City Building Inspector
Approved plans

Draft Supplemental Program EIR ‐ Focused General Plan Update  9. Mitigation Monitoring and Reporting Program
April 2023 9‐6
Environmental Issue  Responsible Party  Deliverable  Complete by  Date Completed
Minimum Efficiency Reporting Value of “MERV13” or better for enhanced particulate removal efficiency. The City Building Inspector shall verify the aforementioned requirements are included on plans submitted for approval of any Land Use and Building permits and shall verify compliance on site prior to occupancy clearance. The property manager or responsible maintenance entity shall be trained in conducting regular inspections and replacements, and regular inspections and replacements shall be completed on the recommended basis by the system manufacturer. Cultural Resources and Tribal Cultural ResourcesMM‐CUL‐1 Historic Properties Application Review:Applications for future development shall be reviewed by the building official or designee for non‐discretionary building or demolition permits to determine if they involve any structure identified on the list of historic properties, per National City Title 18 Zoning Chapter 18.12.160 Historic Properties, (c) Review of Ministerial Permits, or if a structure is known to be 45 years or older. If a property proposed for demolition or significant alteration or conversion is determined to be on the historic properties list, the application must be reviewed in accordance with Municipal Code Title 15 Buildings and Construction Chapter 15.34 Historical Buildings, which addresses regulations governing the enlargement, alteration, repair, moving, removal, demolition, converging, Building official or designee
Reviewed development proposal

Draft Supplemental Program EIR ‐ Focused General Plan Update  9. Mitigation Monitoring and Reporting Program
April 2023 9‐7
Environmental Issue  Responsible Party  Deliverable  Complete by  Date Completed
occupancy, use, and maintenance of all historical buildings and/or structure.  All discretionary permits involving a historic resource, or a structure known to be 45 years or older shall be reviewed in compliance with the California Environmental Quality Act (CEQA). For any building/structure having its original structural integrity intact and potentially eligible for the National Register of Historic Places or the California Register of Historic Resources, a qualified professional architectural historian may be required to determine whether the affected building/structure is historically significant. The evaluation of historic architectural resources shall be based on criteria such as age, location, context, association with an important person or event, uniqueness, or structural integrity, as indicated in CEQA Guidelines section 15064.5. A historical resource report shall be submitted by the project applicant to the City of National City and shall include the methods used to determine the presence or absence of historical resources, identify potential impacts from the proposed project, evaluate the significance of any historical resources, and identify mitigation measures to protect the resource from loss of a characteristic designating it as historic. MM‐CUL‐2 Ground Disturbance Monitoring: Applications for future development located on a vacant/undeveloped site or on a site with proposed excavation into native soils, wherein the Planning Archaeological and/or Native American monitor
Monitor contract

Draft Supplemental Program EIR ‐ Focused General Plan Update  9. Mitigation Monitoring and Reporting Program
April 2023 9‐8
Environmental Issue  Responsible Party  Deliverable  Complete by  Date Completed
Department has determined a potential for impacts to subsurface archaeological resources, shall be required to comply with the following mitigation framework: An archaeological and/or Native American monitor shall be present during construction activities that involve subsurface grading and/or excavation involving the disturbance of native soils more than 3 feet in depth. The monitor(s) would ensure that important subsurface archaeological sites, which could underlie a redevelopment area, are not damaged or destroyed. MM‐CUL‐3 Archaeological Survey and Report: Applications for future development located on a vacant/undeveloped project site, wherein the Planning Department has determined a potential for impacts to archaeological resources, shall be required to comply with the following mitigation framework: As applicable by recommendation by the Planning Department, an archaeological field survey of the project site and a report summarizing the findings of the survey shall be completed by a qualified archaeologist. An archaeological resource report detailing the results of the record search and the field survey of the project area shall be submitted by the project applicant to the City of National City. The archaeological resources report would be required prior to issuance of a permit to ensure that any resources are identified and mitigated prior to grading and construction.

Qualified archaeologist
Archaeological field survey

Draft Supplemental Program EIR ‐ Focused General Plan Update  9. Mitigation Monitoring and Reporting Program
April 2023 9‐9
Environmental Issue  Responsible Party  Deliverable  Complete by  Date Completed
MM‐CUL‐4 Unanticipated Discovery of Archaeological Resources: In the event of an unanticipated discovery during construction, construction should stop on the site until a qualified archaeologist can survey the resource and determine potential impacts and preservation measures. Any archaeological resources that are found on an undeveloped project site would be identified, adequately documented in the field, and/or preserved, as recommended by a qualified archaeologist.

Qualified archaeologist
Work Plan
PaleontologyMM‐PALEO‐1 Monitoring: All proposed site‐specific projects under the Focused General Plan (FGPU) shall be screened by the Planning Department for the potential to result in impacts to  paleontological resources. A project may result in impacts to paleontological resources if it:   (a) Is situated above any area of moderate to high paleontological sensitivity (as defined in the
2022 FGPU Supplemental ProgramEnvironmental Impact Report Chapter 4.4 Paleontology);
(b) Would result in greater than 1,000 cubic yards
of excavation at 10 feet or greater of depth inan area of high sensitivity; or (c) Would result in greater than 2,000 cubic yards
of excavation at 10 feet or greater depth in anarea of moderate sensitivity.

Planning Department, Qualified paleontological monitor
Reviewed site plan;  Contract with qualified paleontological monitor;  Excavation Plan

Draft Supplemental Program EIR ‐ Focused General Plan Update  9. Mitigation Monitoring and Reporting Program
April 2023 9‐10
Environmental Issue  Responsible Party  Deliverable  Complete by  Date Completed
Projects meeting the above criteria shall be subject to implementation of the following mitigation framework:  (a) A qualified paleontological monitor shall be present during ground disturbance. The monitor shall have the authority to stop and/or divert grading, trenching, or excavating within an appropriate radius of the find if a paleontological resource is encountered. (b) An excavation plan shall be implemented to
mitigate the discovery. Excavation shall include the salvage of the fossil remains (simple excavation or plaster‐jacketing of larger and/or fragile specimens); recording of stratigraphic and geologic data; and transport of fossil remains to laboratory for processing and curation.

Hazards and Hazardous MaterialsMM‐HAZ‐1 Environmental Site Assessment: Applications for site‐specific developments under the Focused General Plan Update (FGPU) where the Planning Department has determined a potential impact to a site listed in a hazardous materials database, or to sites with potential but unknown hazardous material impacts, shall be required to comply with the following mitigation framework: a) Projects shall be required to identify potential conditions that require further regulatory oversight and demonstrate compliance based on the following measures prior to issuance of any permits. A Phase I Environmental Site Project Applicant  Phase I Environmental Site
Assessment (ESA) Phase II ESA, as applicable

Draft Supplemental Program EIR ‐ Focused General Plan Update  9. Mitigation Monitoring and Reporting Program
April 2023 9‐11
Environmental Issue  Responsible Party  Deliverable  Complete by  Date Completed
Assessment (ESA) shall be completed in accordance with ASTM International Standards. If hazardous materials are identified that require remediation, a Phase II ESA and remediation effort shall be conducted in conformance with federal, state, and local regulations. b) If the Phase II ESA identifies the need for
remediation, then the following shall occurprior to the issuance of grading permits:1) The applicant shall retain a qualified environmental engineer to develop a soiland/or groundwater management plan toaddress the notification, monitoring,sampling, testing, handling, storage, and disposal of contaminated media or
substances (soil, groundwater). Thequalified environmental consultant shall monitor excavations and grading activities
in accordance with the plan. The
groundwater management and monitoring
plans shall be approved by the City ofNational City prior to development of thesite. 2) The applicant shall submit documentation
showing that contaminated soil and/orgroundwater on proposed development parcels has been avoided or remediated tomeet cleanup requirements established byappropriate local regulatory agencies(Regional Water Quality Control Board [RWQCB]/California Department of Toxic

Draft Supplemental Program EIR ‐ Focused General Plan Update  9. Mitigation Monitoring and Reporting Program
April 2023 9‐12
Environmental Issue  Responsible Party  Deliverable  Complete by  Date Completed
Substances Control [DTSC]/Department of Environmental Health [DEH]) based on the future planned land use of the specific area within the boundaries of the site (i.e., commercial, residential), and that the risk to human health of future occupants of these areas therefore has been reduced to below a level of significance. 3) The applicant shall obtain written
authorization from the appropriateregulatory agency (RWQCB/DTSC/DEH)confirming the completion of remediation.A copy of the authorization shall besubmitted to the City to confirm that allappropriate remediation has beencompleted and that the proposed development parcel has been cleaned up tothe satisfaction of the regulatory agency. Inthe even that previous contamination has occurred on a site that has a previouslyclosed case or on a site included on a list ofhazardous materials sites compiledpursuant to Government Code Section65962.5, the DEH shall be notified of theproposed land use.

All cleanup activities shall be performed in accordance with all applicable federal, state, and local laws and regulations, and required permits shall be secured prior to commencement of construction to the satisfaction of the City and compliance with applicable regulatory agencies

Draft Supplemental Program EIR ‐ Focused General Plan Update  9. Mitigation Monitoring and Reporting Program
April 2023 9‐13
Environmental Issue  Responsible Party  Deliverable  Complete by  Date Completed
such as but not limited to the National City Municipal Code. Noise MM‐NOI‐1 Prior to the issuance of a permit to construct land uses associated with noise‐sensitive receptors consistent with the Focused General Plan Update within 112 feet of a noise‐sensitive receptors, including, but not limited to, residential dwelling units, transient lodging, hospitals, nursing homes, facilities for long‐term medical care, educational facilities, libraries, or churches, a Construction Noise Control Plan shall be submitted to the City of National City’s Community Development Department for review and approval. The plan shall demonstrate that all construction activity will not expose noise‐sensitive land uses such as residences to noise levels that exceed 75 dBA Leq. The construction noise control plan can include, but is not limited to, the following:  Ensure that construction equipment is properly muffled according to industry standards and isin good working condition.  Place noise‐generating stationary equipment
and construction staging areas away fromsensitive uses, where feasible.  Implement noise attenuation measures to the
extent feasible, which may include, but are notlimited to, temporary noise barriers or noiseblankets around stationary construction noisesources.

Project Applicant  Conditions of Approval  Prior to the issuance of a permit to construct

Draft Supplemental Program EIR ‐ Focused General Plan Update  9. Mitigation Monitoring and Reporting Program
April 2023 9‐14
Environmental Issue  Responsible Party  Deliverable  Complete by  Date Completed
 Use electric air compressors and similar power
tools rather than diesel‐powered equipment, where feasible.  Construction‐related equipment, including
heavy‐duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than 5 minutes.  Project developers shall require by contract
specifications that heavily loaded trucks used during construction be routed away from residential streets to the extent feasible. Contract specifications shall be included in construction documents, which shall be reviewed by the City prior to issuance of a grading permit.

Prior to commencement of construction activities, at least one sign shall be installed near the project site entrance stating the allowable construction hours and workdays, as well as the phone number of the job superintendent. The sign shall be clearly conspicuous and legible from the public right‐of‐way and shall remain in place throughout construction. If the City or the job superintendent receives a complaint, the superintendent shall investigate, take appropriate corrective action, and report the action taken to the reporting party. MM‐NOI‐2 Prior to the issuance of a permit to construct developments consistent with the Focused General Plan Update that would include outdoor mechanical equipment, the Planning Department shall require appropriate noise Project Applicant  Construction Noise Control
Plan
Prior to the issuance of a permit to construct

Draft Supplemental Program EIR ‐ Focused General Plan Update  9. Mitigation Monitoring and Reporting Program
April 2023 9‐15
Environmental Issue  Responsible Party  Deliverable  Complete by  Date Completed
attenuation measures for heating, ventilation, and air conditioning (HVAC) equipment, including, but not limited to, (1) set back at least 30 feet from the nearest property line, (2) surrounded by walls or parapet walls that obstruct the line‐of‐sight to adjacent land uses, or (3) placed within a mechanical equipment room. Where it may be demonstrated that other measures would reduce HVAC noise to levels below the limits specified in the Municipal Code, such measures may be substituted.MM‐NOI‐3 Noise and Vibration Impact Analysis: Prior to the issuance of a permit to construct projects that are in the Planning Area and would include pile driving, the Planning Department shall require that a Noise and Vibration Impact Analysis be prepared. The Noise and Vibration Impact Analysis shall be prepared by a qualified professional. Wherein a potential impact‐related groundborne noise or vibration is identified, the Planning Department shall require that the reduction measures be incorporated into project design.

Project Applicant  Noise and Vibration Impact
Analysis
Prior to the issuance of a permit to construct

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CITY OF NATIONAL CITY

NOTICE OF PUBLIC HEARING

CERTIFICATION OF THE SUPPLEMENTAL PROGRAM ENVIRONMENTAL

IMPACT REPORT FOR THE FOCUSED GENERAL PLAN UPDATE
NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing to Certify the Final Supplemental Program Environmental Impact Report (SPEIR) with the Selection of the Alternate Project Location Alternative, and Adopting Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program for the City of National City Focused General Plan Update. To view the documents, visit the City of National City or at www.nationalcityca.gov/fgpu.

One environmental document, the SPEIR, was prepared to analyze the Focused General Plan Update (FGPU) and related documents. The SPEIR includes the adoption of the Housing Element, the Land Use Element, Transportation Element, Safety Element, Zoning Map, and Climate Action Plan which have been updated. The Downtown Specific Plan, Westside Specific Plan, and Municipal Code have been updated for consistency, as well. Additionally, new Objective Design Standards and Floor Area Ratio Bonus Regulations have been created to comply with State legislation and streamline the housing approval process. The FGPU will have a separate public hearing on the same date and time.

DATE & TIME OF MEETING: Tuesday, September 5, 2023, 6:00 p.m.

LOCATION: City of National City, 1243 National City Blvd.

TO SUBMIT PUBLIC COMMENT:

Appear in person at the above-described meeting or submit your concerns in writing to the City Clerk at [email protected] before 4 PM on September 5, 2023. For more information, visit:
https://www.nationalcityca.gov/government/city-clerk/public-comments If you challenge the matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Council at or prior to the public hearing. If you have special needs requiring assistance at the meeting, please call the City Clerk’s Office at (619) 336-4228 at least 24 hours prior to the meeting so that accommodations can be arranged.

Shelley Chapel, MMC,
City Clerk
Published in the Star News, Friday, August 25, 2023

AGENDA REPORT
Department: Housing Authority
Prepared by: Carlos Aguirre, Acting Deputy City Manager & Director of Housing Meeting Date: Tuesday, September 5, 2023
Approved by: Ben Martinez, Interim City Manager
SUBJECT:

Focused General Plan Update
RECOMMENDATION:

Conduct a Public Hearing and Adopt the Resolutions and Ordinances Entitled:
1) “Resolution of the City Council of the City of National City, California, Approving the Focused General Plan Update and its Related Land Use Map Including Minor Text and Map Amendments, and Replacing the 2011 Land Use, Transportation, and Safety Elements, and Climate Action Plan;” and
2) “Resolution of the City Council of the City of National City, California, Amending the Downtown Specific Plan;” and
3) “An Ordinance of the City of Council of the City of National City, California, Adopting the Westside Specific Plan Amendment and Amending the Zoning Text and Map of the Westside Specific Plan;” and
4) “An Ordinance of the City Council of the City of National City, California, Adopting Municipal Code Chapter 18.49 to Provide Objective Design Standards for Housing Development, Adopting Chapter 18.50 to Provide a Floor Area Ratio Bonus Program, Adopting Amendments to Chapters 18.29 (Overlay Zones) to Create a Mixed-Use Overlay Zone to Allow Residential Development on Certain Parcels Zoned CL and CS, and Amending the Municipal Code to Revise Title 18;” and
5) “Resolution of the City Council of the City of National City, California, Approving the Update to the Bicycle Master Plan.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

On August 21, 2023, the Planning Commission recommended approval of the FGPU and the Climate Action Plan, the Downtown Specific Plan Amendment, the Westside Specific Plan Amendment, the Municipal Code Amendments, and the Bicycle Master Plan Update.

EXPLANATION:

BACKGROUND
The City’s General Plan serves as the guiding document for achieving the community’s vision for the future. Since the last update in 2011, new State legislation and other regional and local changes have taken effect. As result, in March 2020, National City initiated the Focused General Plan Update (FGPU) to support housing-related goals, comply with changes in State legislation, update per City planning studies, and coordinate growth through a holistic process. To follow the adoption of the Housing Element on August 3, 2021, the Land Use Element, Transportation Element, Safety Element, Zoning Map, and Climate Action Plan have been updated. The Downtown Specific Plan, Westside Specific Plan, and Municipal Code have been updated for consistency, as well. Additionally, new Objective Design Standards Floor Area Ratio Bonus Regulations have been created to comply with State legislation and streamline the housing approval process. One environmental document, a Supplemental Program Environmental Impact Report (SPEIR), was prepared to analyze these actions.

The goals, policies, and actions in the General Plan will guide development in National City through the horizon year 2050. These documents will supersede the current Land Use Element, Transportation Element, and Safety Element of the City of National City General Plan, which were last updated in 2011, and portions of the current Municipal Code.

Outreach Summary
The FGPU is the product of approximately two (2) years of analysis and outreach. Due to the COVID-19 pandemic and consistent with official public health guidance, outreach activities were shifted from in-person events to virtual platforms. To address potential barriers to participation and maximize reach, a variety of media and activities were used to share information and gather input. These activities were outlined in the project’s Community Engagement Plan and on the project’s website (www.nationalcityca.gov/fgpu).

Mailers announcing the project and opportunities to get involved were sent to all registered addresses in National City in the summer of 2020 and spring of 2021 in both English and Spanish.

Since the project kickoff in March 2020, the project team has conducted a total of seven webinars to gather public input. Of these webinars, six were conducted in English with live Spanish interpretation and one was conducted primarily in Spanish. The combined total attendance over the course 7 of these webinars has been 159 participants (an average of approximately 22 participants per session). An interactive survey was prepared and circulated to the public using the MetroQuest platform; a total of 201 responses were collected. These activities were supplemented with telephone office hours staffed by English- and Spanish-speaking staff.

Meetings with stakeholders, including community organizations and developers, were also conducted.

Events and notices were marketed via the City’s email listserv, FGPU stakeholder list, and the City’s social media sites to share the dates and times of outreach events and opportunities to get involved. Additionally, an interactive map link was made available on the project’s website from November 14, 2021, to June 30, 2022, to collect input through an on-going basis on the proposed land use changes, as well.

FOCUSED GENERAL PLAN UPDATE
To address changes in State legislation, a changing regional context, a forecasted future growth, and implement the City’s 2021 Housing Element, National City conducted a FGPU. The FGPU includes updates to policies and supporting updates to codes, ordinances, and development standards. Specifically, the FGPU includes policy updates to the following Elements and the Climate Action Plan (CAP), last updated in 2011, which are addressed in detail later in this section:
 Land Use Element
 Transportation Element
 Safety Element
 Housing Element*
 CAP
*The Housing Element was adopted by the City Council on August 3, 2021, covering the planning period from April 2021 to April 2029 (6th Cycle). On November 10, 2021, the California Department of Housing and Community Development (HCD) provided a letter certifying the Housing Element.

The FGPU considers separate recent planning documents, including the 24th Street Transit Oriented Development Overlay (TODO) study, Downtown Specific Plan, Westside Specific Plan, Harbor District Specific Plan, and INTRAConnect. Recommendations from these predecessor planning studies have been carried forward to all components of the FGPU. In addition, the General Plan will be expanded to include the annexation of approximately 50- acres of the unincorporated community of Lincoln Acres into the City of National City, which was completed in 2020.

A resolution authorizing approval of the FGPU (Land Use Element, Transportation Element, Safety Element, and CAP) is included in Attachment 2.

Land Use Element Update
The Land Use Element designates the general distribution, location, and extent of uses of land for housing, businesses, industry, open space, etc. This element identifies and designates where future development and redevelopment should be directed and it is intended to balance growth and change with preserving and improving well-established residential neighborhoods and commercial and industrial cores, and overall quality of life. Community character is also integrated in this element to ensure that the physical forms, patterns, and aesthetic features of future development and redevelopment advance the City’s desire for a higher quality of life and a more sustainable future.

The Land Use Element update includes revisions to policies to incentivize housing development in an integrated way with circulation network improvements. Based on the existing conditions analysis, community feedback, recent planning studies, and housing-related needs, a series of goals and policies were updated to guide land use and zoning changes across National City to accomplish this goal. These land use policy updates intend to:
 Foster an integrated development pattern.
 Improve development opportunities in areas served by transit and facilitate the creation of 10-minute neighborhoods based on National City’s prior INTRAConnect (2020) study.

 Support the City’s CAP and other sustainability goals.  Prioritize increasing housing in areas that have access to transit and resources.  Stimulate the production of additional housing units to meet housing-related needs.

Transportation Element Update
The Transportation Element guides the City’s decision-making related to the movement of people and goods. This Element considers the evolving need for mobility through the development of an integrated multimodal circulation network that accommodates both local and regional trips, and supports public transit, walking, bicycling, vehicular traffic and parking. It also identifies the general location and extent of existing and proposed major roadways, transportation routes, terminals, air and water ports, and pedestrian and bikeway facilities.

The Transportation Element update builds on the focused studies and plans that were completed since it was last updated in 2011, including integrating findings from the SMART Foundation Plan (2014), Downtown Specific Plan (2017), INTRAConnect (2020), Homefront to Waterfront Connectivity Study (2020), and Bicycle Master Plan (2010). Traffic modeling was completed to inform the development of the update to the Transportation Element to ensure that the proposed network adequately accommodates anticipated growth in the region and includes the annexation of approximately 50 acres of the unincorporated community of Lincoln Acres.

Goals and policies within the Transportation Element were revised to provide more effective language. The following policies were removed from this Element to streamline and consolidate interrelated policies and provide the City with flexibility for multimodal improvements:
 Policy C-1.4: Require new development and redevelopment to apply universal design standards.
 Policy C-9.6: Keep abreast of bicycle facility innovations in other cities and regions, and seek to incorporate these into the bicycle network.

The Transportation Element update adds additional community corridors/districts to the circulation network to better connect multimodal resources into a complete network so that residents and visitors can access key destinations (such as schools, commercial centers, public facilities, homes, and the waterfront) through the city safely and easily by any mode. In addition, the Transportation Element Update incorporates TODO Network recommendations, including:
 Road diets on 24th Street, 30th Street, and Hoover Avenue  Closure of 19th Street under Interstate 5 (I-5)
 Conversion of one-way to two-way traffic on 18th Street under I-5  Signal at National City Boulevard and 22nd Street
The Transportation Element Update expands upon the existing community corridors typology and identifies two new typologies specific to pedestrians: walkable retail corridors and pedestrian safety corridors. Both typologies are focused on pedestrian improvements to improve the pedestrian experience and pedestrian safety. Walkable retail corridors are located along existing and planned commercial corridors. Pedestrian safety corridors are located along existing and planned residential corridors. Additionally, roads and sub-communities in National City that have a prevalence of speeding issues were identified. To address this, a new typology has been defined, the Traffic Calming District or Traffic Calming Corridor, and recommendations are provided for locations for additional traffic-calming investments by the City. Proposed

improvements from the Transportation Element would be implemented via the Capital Improvement Plan through the horizon year (2050).

Safety Element Update
The Safety Element addresses the potential short- and long-term risks of fires, floods, earthquakes, landslides, climate change, hazards, emergency services and disaster response, and other locally relevant safety issues. This Element establishes goals and policies that work to protect the community from risks of injury, loss of life and property, and environmental damage associated with natural and human-caused hazards such as wildfires, geologic and seismic hazards, flooding, hazardous materials, military installations, and brownfields. It includes mapping of known seismic and geologic hazards, along with areas subject to flooding and fire risk. This element also includes methods to reduce criminal behavior through environmental design and response objectives related to police and fire operations and emergency services.

The Safety Element update reflects changes in State legislation, including:
 SB 379: Requires Safety Element updates to include climate adaptation and resilience strategies
 SB 1000: Requires the identification of environmental justice communities  SB 1035: Requires that the Safety Element be revised no less than every eight years.

The 2018 General Plan Guidelines from the State Office of Planning and Research mandate that the Safety Element complement the San Diego County Multi-Jurisdictional Hazard Mitigation Plan, last updated in 2018, and include a comprehensive hazard mitigation and emergency response strategy. Information in the Safety Element Update has been updated to be consistent with information about the city, provided in the 2018 San Diego County Multi-Jurisdictional Hazard Mitigation Plan. In addition, the proposed policies address methods to minimize risks and ways to minimize economic disruption and recovery following an incident.

The Safety Element update includes the addition of a set of feasible implementation measures for climate change adaptation and resilience, including a vulnerability assessment and measures to address vulnerabilities that are increasingly impacting California communities.

Climate Action Plan
CAP addresses the major sources of greenhouse gas (GHG) emissions in National City and sets forth a detailed and long-term strategy that the City and community can implement to achieve GHG emissions reduction targets. The CAP would also be utilized for tiering and streamlining of future development in National City pursuant to CEQA Guidelines 15152 and 15183.5.

The FGPU includes a comprehensive update to the 2011 CAP by updating the 2009 GHG emissions inventory to 2018 as its baseline year and forecasting emissions for 2030 and 2050, consistent with Executive Order B-30-15 and SB 32. The CAP update would account for new policies stemming from the General Plan update that are expected to expand the City’s housing capacity and implement mobility improvements in select corridors. Updates to the Land Use and Transportation Elements are expected to yield revised projected vehicle miles traveled estimates, which will result in updated GHG emissions projections and reductions from transportation sources included in the adopted 2011 CAP. The 2022 CAP update accounts for existing plans, programs, and activities that the City has already completed or implemented to reduce emissions and revises, removes, or expands upon 55 emission-reducing strategies from the 2011 CAP to

improve GHG reductions in the residential, commercial/industrial, transportation, solid waste, and water and wastewater sectors.

SPECIFIC PLAN AMENDMENTS
The Downtown Specific Plan and Westside Specific amendments include updated policies, development standards (allowed uses, densities, FARs, heights, etc.), design guidelines, and parking requirements to encourage housing production. The updated policies aim to streamline housing production for all income categories and align with updates to the Zoning Code and General Plan. Amendments to these specific plans center on specific conformance with recently adopted plans and those being concurrently revised through the updates to the General Plan, as well as State legislation, and do not serve to create new plans.

Downtown Specific Plan Amendment
No Focus Areas fall within the boundaries of the Downtown Specific Plan boundary. The amendments to the Downtown Specific Plan as part of the FGPU include updates to sections referencing the General Plan’s goals and policies, additions of references to the objective design standards, parking requirements, clarifications to regulations where residential uses are involved, and providing clarification that in cases where the procedures of the Specific Plan and Municipal Code conflict, the Municipal Code shall prevail.

A resolution authorizing approval of the amendments to the Downtown Specific Plan is included in Attachment 3.

Westside Specific Plan Amendment
The Westside Specific Plan would allow transitional and supportive housing as a permitted use in the MCR-1 and MCR-2 zones and group homes as a permitted use in the RS-4, MCR-1, and MCR-2 zones in the Westside Specific Plan, in accordance with State law. Additionally, portions of the 16th Street Focus Area, which is within the boundaries of the Westside Specific Plan boundary, fall within the proposed Mixed-Use Overlay, as described above. This overlay allows for multi-family residential development in areas zoned for commercial and institutional uses and near transit. This overlay is optional and does not propose a change in the underlying zoning to these parcels.

A resolution recommending approval of an ordinance authorizing approval of the amendments to the Westside Specific Plan is included in Attachment 4.

MUNICIPAL CODE UPDATE
As part of the 6th Cycle 2021–2029 Housing Element implementation, National City’s Municipal Code Title 18 must be updated to comply with Housing Element policies and recent State housing legislation, and address minor language and conformance discrepancies throughout. The Municipal Code update also includes the incorporation of Objective Design Standards and the Floor Area Ratio Bonus Regulations. All updates aim to ease local impacts of the statewide housing crisis by facilitating easier housing development, encouraging deed-restricted affordable housing construction, or allowing for a variety of housing types.

A resolution recommending approval of the ordinance authorizing approval of the updates to the Municipal Code is included in Attachment 5.

Legislative Compliance
In the past five years, the State of California has passed a significant number of bills related to housing that require municipalities to allow specified types of housing in certain zones and to process housing development applications meeting specified criteria using certain streamlined processes, subject to definitive timelines. Like many other municipalities throughout the State, National City’s Municipal Code was not in compliance with this legislation. The Housing Element update thus identified a program to update the City’s Municipal Code to be in compliance with all State housing legislation. As part of the FGPU, the Municipal Code would be updated to comply with legislation such as SB 35, SB 330, AB 101, AB 2162, AB 1397, AB 68, etc.

In addition to ensuring legislative compliance, the Municipal Code update implemented feedback from stakeholders gathered during engagement efforts for the Housing Element update. This feedback included adding language and requirements from the State Density Bonus program directly into the Municipal Code to encourage the use of the program. National City staff had identified smaller amendments to the Municipal Code that would correct language discrepancies, facilitate easier use, and address conformance issues. These amendments were also incorporated into the Municipal Code update.

Objective Design Standards
To incentivize the production of housing in National City, Object Design Standards were incorporated into the Municipal Code to provide architectural and design requirements aimed at streamlining the approval process for qualifying multi-unit residential developments based on zoning, General Plan land use designations, and percentages of residential use designated square footages. These architectural and design requirements support high-quality development, including site design, building design, façade and articulation, building equipment and service areas, fence and walls, pedestrian access, outdoor/common spaces, landscaping, parking, bicycle parking, and lighting. The Objective Design Standards only apply to multi-family projects located on a site that is zoned for residential use or residential mixed-use development or on a site that has a General Plan designation allowing residential use or a mix of residential and nonresidential uses. These standards will serve as the minimum requirements and will be mandatory for any eligible project for which a streamlined approval process is requested under State law provisions that reference objective design standards.

Floor Area Ratio Bonus Regulations
To incentivize the construction of new context-sensitive development that would assist the City in meeting first and foremost the residents’ needs for new affordable housing opportunities, as well as the State’s RHNA allocation, Floor Area Ratio Bonus Regulations were incorporated into the Municipal Code. The Floor Area Ratio Bonus Regulations, also known as the House National City Opt-In Density Bonus Program, intend to help create new, transit-supportive development by strategically placing new development in areas near job centers and schools with the greatest access to mobility choices to reduce reliance on automobiles. Additionally, this program is intended to create new commercial and retail spaces along the commercial corridors.

The Floor Area Ratio Bonus Regulations emulate AB 2372 by ensuring that properties are afforded the opportunity to achieve higher densities than currently allowed under zoning. This is

intended to produce additional housing units and other community benefits, such as new deedrestricted affordable housing, context sensitive design to address pollution issues, enhanced rules for relocation, first right to return, and tenant displacement.

These regulations will use a method of calculation known as Floor Area Ratio (FAR) to calculate the number of residential units for a residential or mixed-use project in exchange for a certain percentage of the new units as deed-restricted affordable housing targeted to National City residents. These new regulations would remove the residential unit cap set forth by the traditional dwelling units per acre (du/ac) calculation to bring greater flexibility when planning a new development project in close proximity to transit. For purposes of this program, two FAR tiers (Tier 1 and Tier 2) would apply and would supersede the du/ac maximums allowed by the base zones.

Tiers 1 and 2 include FARs of 2.5 and 4.0. The following base zones are included as part of this program: MCR-1, MCR-2, MXC-1, MXC-2, MXD-1, MXD-2, RM-1, RM-2, RM-3, and MXT. The mixed-use overlays would also be included.

BICYCLE MASTER PLAN UPDATE
The Bicycle Master Plan Update will include the incorporation of changes from the General Plan elements, as described above, and other recently completed planning documents, such as the Harbor Drive Corridor Study, the INTRAConnect Plan, and the TODO Study. This update revises the citywide bicycle network to guide the City in planning for a more connected, safe, and accessible network. Design guidelines will be updated to align with current best practices and City plans. The plan will recommend programs related to furthering bicycling education, bicycling encouragement, enforcement, and evaluation. The plan also will include estimated network costs and resources to fund construction.

A resolution authorizing approval of the updates to the Bicycle Master Plan is included in Attachment 6.

SUMMARY
The FGPU will guide development and conservation in National City through 2050. The goals, policies, and actions that will be reflected in the Land Use Element, Transportation Element, Safety Element, rezoning of parcels, the Municipal Code, the specific plan amendments, the CAP, and the Bicycle Master Plan will allow National City to address changes in State legislation, accommodate forecasted future growth in a changing regional context, and implement the City’s 2021 Housing Element. These updates, along with future rezoning of parcels in focus areas, will support National City’s housing-related goals, foster economic development, encourage mixeduse and infill development, promote alternate modes of transportation, and achieve GHG emissions reduction targets.

FINANCIAL STATEMENT:

Not Applicable
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Housing and Community Development

ENVIRONMENTAL REVIEW:

This is a project under CEQA and requires full environmental review and the preparation of an environmental impact report. CCR 15362.

PUBLIC NOTIFICATION:

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

Published in The Star News, on City Website and Posted on Bulletin Boards at City Hall.

ORDINANCE:

First Reading and Adoption
EXHIBITS:

Exhibit A – Focused General Plan Update and Climate Action Plan Resolution Exhibit B – Downtown Specific Plan Resolution
Exhibit C – Westside Specific Plan Ordinance
Exhibit D – Title 18 Amendments Ordinance
Exhibit E – Bicycle Master Plan Resolution
Exhibit F – Focused General Plan Update and CAP
Exhibit G – Downtown Specific Plan Amendment
Exhibit H – Westside Specific Plan Amendment
Exhibit I – Title 18 (Redline)
Exhibit J – House National City Informational Guide (Floor Area Ratio Bonus Regulations) Exhibit K – Bicycle Master Plan Update
Exhibit L - PowerPoint Presentation
Exhibit M – Public Notice

RESOLUTION NO. 2023 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,

APPROVING THE FOCUSED GENERAL PLAN UPDATE AND ITS RELATED LAND USE MAP INCLUDING MINOR TEXT AND MAP AMENDMENTS, AND REPLACING THE 2011 LAND USE, TRANSPORTATION, AND SAFETY ELEMENTS, AND CLIMATE ACTION PLAN.

WHEREAS, Section 65300 et seq. of the California Government Code requires each city to prepare and adopt a comprehensive, long-term general plan for the physical development of the city; and
WHEREAS, the City’s current General Plan was last comprehensively updated in 2011; and
WHEREAS, commencing in March 2020, the City initiated a multi-year focused update to the General Plan by approving a work plan and budget, hiring consultants, and conducting public workshops; and
WHEREAS, the City has held visioning and outreach workshops, office hours, and public meetings on multiple occasions including but not limited to August 24, 2020, August 25, 2020, August 26, 2020, August 27, 2020, August 28, 2020, and August 29, 2020; March 23, 2021, March 24, 2021, March 25, 2021, and March 30, 2021; and December 9, 2021, December 13, 2021, and December 15, 2021; for the Focused General Plan Update; and WHEREAS, on August 3, 2021, the City Council adopted the 2021-2029 Housing Element of the General Plan, and this Element is hereby incorporated in its entirety without amendment as part of the Focused General Plan Update; and
WHEREAS, the Planning Commission and City Council received periodic briefings to consider public and agency input, to receive information relevant to the specific topics addressed in the General Plan Update, and to provide direction and guidance to staff and the consultant team regarding policies and land use designations for development of the General Plan and its land use diagram (map); and
WHEREAS, the City Council considered public input on the draft General Plan Elements at duly advertised meetings on January 26, 2021 and June 20, 2023; and WHEREAS, notices of the Focused General Plan Update were mailed to affected public entities and agencies in compliance with State law (Government Code Sections 65302(g)(7), 65302.5, 65302.7, 65352, 65352(a)(9)), and in accordance with Government Code Sections 65352.3 the City contacted California Native American tribes that are on the contact list maintained by the Native America Heritage Commission to invite those tribes to consult on the proposed Focused General Plan Update; and
WHEREAS, the City released the Public Review Focused General Plan, including the Land Use, Transportation, and Safety Elements in their entirety on February 17, 2023, and invited

comments by the public and affected agencies as required by law from February 17, 2023, through April 3, 2023; and
WHEREAS, the City determined that a Supplemental Program Environmental Impact Report (SPEIR) should be prepared to analyze the potential environmental impacts and identify any necessary mitigation measures for the Focused General Plan Update project; and WHEREAS, a Notice of Preparation (NOP) of an SPEIR for the project was circulated on March 19, 2022, to trustee and responsible agencies, the State Clearinghouse, and the public; and
WHEREAS, a SPEIR “scoping” meeting was held virtually on April 6, 2022, and public and agency comments on the NOP related to the SPEIR analysis were presented or submitted during the scoping meeting and related 30-day comment period; and WHEREAS, during the 30-day public review period for the NOP, which ended on April 18, 2022, written comment letters were received on the NOP, and the NOP comments are provided in Appendix A of the Draft SPEIR; and
WHEREAS, the SPEIR evaluated potential impacts and alternatives at a program-level for the Focused General Plan Update project pursuant to the requirements of CEQA; and WHEREAS, a Notice of Availability (NOA) of the Draft SPEIR was published on the City’s website and in the Star News as required by law, and circulated to the State Clearinghouse, all relevant agencies, and interested parties for a 45-day public comment period, commencing on February 17, 2023, and ending on April 3, 2023; and
WHEREAS, a total of twenty-two (22) written comments were received during the public review period on the draft Focused General Plan Update, and eight (8) written comments were received on the Draft Programmatic EIR, and pursuant to state law and the CEQA Guidelines, written responses to those comments when required have been prepared and included as part of the public record; and
WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 2023-16, on August 21, 2023, on file with the Office of the City Clerk and incorporated by this reference, recommending approval of the Focused General Plan Update; and WHEREAS, a notice of the City Council public hearing to consider adoption of the Focused General Plan Update was published in the Star News, a newspaper of general circulation on August 25, 2023, and was posted in the Star News and on the City of National City website, in accordance with City policies and Government Code Section 65090; and WHEREAS, the City Council held a duly advertised public hearing on September 5, 2023, to consider the adoption of the Focused General Plan Update and the Final Programmatic EIR prepared for the project, at which time all interested persons were given an opportunity to be heard; and

WHEREAS, the City Council has reviewed and considered all evidence in the record submitted in connection with the Focused General Plan Update and the Programmatic Environmental Impact Report, including the staff report, public testimony, and other documents and evidence that are the City administrative record for these actions.

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

Section 1: The testimony and evidence presented to the City Council at the Public Hearing held on September 5, 2023, support the following findings:

1. The City Council has considered the administrative record and all public comment received on the Focused General Plan Update, and utilized its independent judgment in acting on the information contained in this resolution.

2. In accordance with Government Code Section 65302 and other applicable provisions of State law, the Focused General Plan Update has been prepared in compliance with state law and local ordinance.

3. The 2021-2029 Housing Element and attachments are incorporated into the Focused General Plan Update without amendment.

4. The City has conducted extensive public outreach efforts in the development of the Focused General Plan Update, and public input has been considered prior to the adoption of the Focused General Plan Update.

Section 2: The City Council does hereby adopt the Focused General Plan Update and related Land Use Map, incorporating the minor modifications to the Land Use Diagram consistent with the certified Supplemental Program Environmental Impact Report and the Draft Focused General Plan Update as attached to the staff report as Exhibit F.

Section 3: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolution.

PASSED and ADOPTED this 5th day of September, 2023.
_________________
Ron Morrison, Mayor
ATTEST:
_____________________________
Shelley Chapel, City Clerk
APPROVED AS TO FORM:
_____________________________
Barry J. Schultz, City Attorney

RESOLUTION NO. 2023 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING THE DOWNTOWN SPECIFIC PLAN.

WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the Downtown Specific Plan, Chapter 18.12.150 (B); and
WHEREAS, on August 21, 2023, a noticed public hearing was held by the National City Planning Commission and all persons interested were given the opportunity to appear and be heard before the Planning Commission; and
WHEREAS, the Planning Commission has regularly and duly certified its report to the City Council of National City and has recommended approval of amending the Downtown Specific Plan; and
WHEREAS, a public hearing was held by the City Council on September 5, 2023, and at said public hearing, all persons interested were given the opportunity to appear and be heard before the City Council.

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

Section 1. Findings.

1. That the proposed amendment is consistent with the General Plan because the Specific Plan Amendment proposes updates to sections referencing the General Plan’s goals and policies, additions of references to the objective design standards, parking requirements, clarifications to regulations where residential uses are involved, and providing clarification that in cases where the procedures of the Specific Plan and Municipal Code conflict.

2. That the proposed amendment has been reviewed to be in compliance with the California Environmental Quality Act (CEQA) as the Amendment to the Downtown Specific Plan was examined as part of the 2023 Focused General Plan Update Supplemental Program Environmental Impact Report, CEQA Findings and Traffic memorandums.

Section 2. That the City Council hereby adopts the Downtown Specific Plan, as amended and as attached to the staff report as Exhibit G.

Section 3. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolution.

PASSED and ADOPTED this 5th day of September, 2023.
_____________________________
Ron Morrison, Mayor
ATTEST:
_____________________________
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
_____________________________
Barry J. Schultz, City Attorney

ORDINANCE NO. 2023-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,

ADOPTING THE WESTSIDE SPECIFIC PLAN AMENDMENT ANDAMENDING THE ZONING TEXT AND MAP OF THE WESTSIDE SPECIFIC PLAN.

WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the Westside Specific Plan, Chapter 18.12.150 (B), including the Zoning Text and Map; and WHEREAS, the Zoning Text and Map is proposed to include the addition of the MixedUse Overlay to allow multi-family residential development in areas zoned for commercial and institutional uses and near transit; and
WHEREAS, on August 21, 2023, a noticed public hearing was held by the National City Planning Commission and all persons interested were given the opportunity to appear and be heard before the Planning Commission; and
WHEREAS, the Planning Commission has regularly and duly certified its report to the City Council of National City and has recommended approval of amending the Westside Specific Plan; and
WHEREAS, pursuant to a published 10-day notice of the adoption of said ordinance, a public hearing was held by the City Council on September 5, 2023, and at said public hearing, all persons interested were given the opportunity to appear and be heard before the City Council.

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

Section 1: That the City Council hereby approves the amendment to the Westside Specific Plan in accordance with the following findings:

1. That the proposed amendment is consistent with the General Plan, because the the Westside Specific Plan proposes updates to sections referencing the General Plan’s goals and policies, additions of references to objective design standards and parking requirements, updates the development standards and allowed uses, and the addition of the Mixed-Use Overlay to allow multi-family residential development in areas zoned for commercial and institutional uses and near transit.

2. That the proposed amendment and zoning text and map amendments have been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA); the Amendment to the Westside Specific Plan has been examined as part of the 2023 Focused General Plan Update Supplemental Program Environmental Impact Report, CEQA Findings and Traffic memorandums.

Section 2: That the Westside Specific Plan and Zoning Map are amended as set forth in Exhibit H attached to the staff report.

Section 3: This ordinance shall take effect and be enforced thirty (30) days following its adoption by the City Council.

Section 4: The City Clerk shall certify to the adoption of this Ordinance and shall publish in accordance with the law.

INTRODUCED at a regular meeting of the City Council of the City of National City, held on this 5th day of September, 2023.

PASSED and ADOPTED this ____ day of _________, 2023
_______________________________
Ron Morrison, Mayor
ATTEST:
____________________________
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Barry J. Schultz, City Attorney

ORDINANCE NO. 2023-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADOPTING MUNICIPAL CODE CHAPTER 18.49 TO PROVIDE OBJECTIVE DESIGN STANDARDS FOR HOUSING DEVELOPMENT, ADOPTING CHAPTER 18.50 TO PROVIDE A FLOOR AREA RATIO BONUS PROGRAM, ADOPTING AMENDMENTS TO CHAPTER 18.29 (OVERLAY ZONES) TO CREATE A MIXED-USE OVERLAY ZONE TO ALLOW RESIDENTIAL

DEVELOPMENT ON CERTAIN PARCELS ZONED CL AND CS, AND AMENDING THE MUNICIPAL CODE TO REVISE TITLE 18.

WHEREAS, the City of National City proposes an amendment to Title 18 of National City’s Municipal Code for the purpose of revising and updating chapters 18.10, 18.11, 18.12, 18.20,

18.21, 18.22, 18.24, 18.25, 18.26, 18,29, 18.30, 18.41, 18.42, 18.43, 18.44, 18.45, 18.48, and

18.60, and adopting chapters 18.49 and 18.50 (Attachment 1 of this Ordinance); and WHEREAS, the amendments made by this ordinance are intended to ensure compliance with recent California State housing legislation, including but not limited to SB 35, SB 330, AB 101, AB 2162, AB 1397, and AB 68; and
WHEREAS, the Housing Accountability Act, Government Code Section 65589.5, restricts the City of National City’s ability to deny or reduce the density of all housing development projects, including residential development, transitional and supportive housing, and residential mixed-use development, that are consistent with objective design and development standards; and WHEREAS, Senate Bill (SB) 35, Government Code Section 65913.4, establishes a developer-initiated process to streamline the approval process for housing developments meeting specific criteria, including affordable housing and labor requirements; and WHEREAS, the City of National City seeks to adopt objective standards to facilitate and accommodate development at the density permitted on the site and proposed by the development in accordance with State and Local Law; and
WHEREAS, the amendments include implementation of the 6th Cycle 2021 – 2029 Housing Element; and
WHEREAS, the 2021-2029 Housing Element approved by the City Council on August 3, 2021, contains Housing Element Program 10, which provides that the City of National City will adopt Objective Design Standards for multifamily residential development projects; and WHEREAS, the Floor Area Ratio Bonus Regulations (House National City Opt-In Density Bonus Program) is an opt-in program that allows new development on Tiers 1 and 2 to request increased Floor Area Ratios (FARs) through FAR bonuses, emulating AB 2372 by ensuring that properties are allowed to achieve higher densities than currently allowed under zoning; and

WHEREAS, the amount and type of requested FAR Bonus shall comply with provisions listed in the General Plan; and
WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 2023-19, on August 21, 2023, on file with the Office of the City Clerk and incorporated by this reference, recommending approval of said Ordinance; and WHEREAS, the California Environmental Quality Act (CEQA) Guidelines Section 151833- Projects Consistent with a Community Plan, General Plan, or Zoning, allows a streamlined environmental review process for projects that are consistent with the development densities established by existing zoning, community plan or general plan policies for which an Environmental Impact Report (EIR) was certified; and
WHEREAS, on September 5, 2023, the City Council of the City of National City held a duly noticed public hearing on the proposed amendment to Title 18 of the Municipal Code, at which was presented the staff report and evidence in the record to support the findings required by the National City Code Section 18.12.140 (A); and
WHEREAS, based on the totality of the record and evidence described and referenced in this Ordinance, the City Council finds that the proposed text amendments are consistent with the purposes of the General Plan, Municipal Code, and Specific Plans.

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

Section 1: Findings. Based upon the substantial evidence presented at the public hearing on September 5, 2023, including written and oral staff reports and public written and oral testimony, and on the record from the Planning Commission public hearing, in accordance with City of National City Municipal Code, the City Council of the City of National City approves the Municipal Code (Title 18) Amendments in accordance with the following findings:

1. The proposed amendments ensure and maintain internal consistency with all of the objectives, policies, general plan land uses, programs and actions of all elements of the general plan.

2. The proposed amendments would not be detrimental to the public convenience, health, safety or general welfare of the city by promoting the health, safety and welfare of the City through the listed goals and policies included within each element, the proposed Code Amendments are consistent with National City’s 6th Cycle 2021-2029 Housing Element and would not be detrimental to the public convenience, health, safety or general welfare of the city.

3. The proposed amendment is in compliance with the provision of the California Environmental Quality Act (CEQA). A Supplemental Program Environmental Impact report

was prepared for the project in conformance with CEQA Guidelines Sections 15163 and15168.

Section 2: That Title 18 (Zoning) of the National City Municipal Code is hereby amended as set forth in Attachment 1 attached to this Ordinance.

Section 3: This Ordinance shall take effect and be enforced thirty (30) days following its adoption by the City Council.

Section 4: The City Clerk shall certify to the adoption of this Ordinance and shall publish in accordance with the law.

INTRODUCED at a regular meeting of the City Council of the City of National City, held on this 5th day of September, 2023.

PASSED and ADOPTED this _____ day of __________, 2023
_______________________________
Ron Morrison, Mayor
ATTEST:
______________________
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
___________________________
Barry J. Schultz, City Attorney

Title 18 ZONING1
Chapters:

DIVISION 1. GENERAL

PROVISIONS
Chapter 18.10 UNDERSTANDING THE LAND USE CODE

18.10.010 Purpose.

A. Purposes of This Title.

1. Promote and protect the public health, safety, welfare and general prosperity of the city;

2. Implement the general plan;

3. Encourage the most desirable and appropriate use of land for open space, residential, commercial, industrial, institutional, and other purposes, including the most desirable mix and intensity of uses and density of population throughout the city;

4. Ensure the orderly and adequate provision of infrastructure, facilities, and services such as streets, sidewalks, water, sewer, schools, and other public improvements;

5. Encourage the most appropriate use and occupancy of buildings;

6. Promote good planning and design;

7. Provide standards that include: the use and intensity of use of structures and land for residential, commercial, industrial, institutional, or other purposes; population density; the location, height, bulk and size of buildings and other structures; yards, courts, and other private and public open spaces; parking and loading; signs; the division of land; and grading. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.10.020 Applicability.

A. Limitations on Land Use. Except as otherwise provided:

1. No building or part thereof or other structure shall be erected, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designated or intended to be used for any purpose or in any manner other than those uses listed in this title as permitted in the zone in which such building, land, or premises is located.

2. No building or part thereof or structure shall be erected, nor shall any existing building be altered, enlarged or rebuilt or moved into any zone, nor shall any open space be encroached upon or reduced in any manner, except in conformity with the standards and regulations of this title.

B. Application of Provisions. The provisions of this title shall apply to all structures or land owned, operated or controlled by any person, corporation, or governmental agency, unless specifically excepted by ordinance or by applicable state or federal regulations.
(Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

1Editor's note(s)—Ord. No. 2012-2372, adopted Feb. 7, 2012, repealed Title 18Editor's note(s)— and enacted a new title as set out herein. The former Title 18Editor's note(s)— pertained to similar subject matter. For a complete derivation, see the Disposition of Ordinances.

18.10.030 Authority, relationship to the general plan, specific plans, and design guidelines.

A. Statutory Authority. This title is adopted pursuant to the provisions of the Planning Law, Title 7 of the Government Code of the state.

B. Relationship to the General Plan. The Land Use Code is the primary tool used to implement the goals and policies contained within the general plan. All matters governed by this title shall substantially conform to the purposes, intent or provisions of the general plan. Any recommendations for zone changes, if found to be not in conformance with the general plan and its phrasing, should not be permitted unless it is also found that the general plan is in error or in need of change. In this situation, the general plan must also be amended to maintain consistency between the general plan and zoning.

C. Relationship to Specific Plans. Specific plans are designed to meet the requirements of the State Government Code and National City's General Plan. All uses, buildings, or structures located within a specific plan area shall comply with the provisions of the applicable specific plan. Where such provisions conflict with zoning regulations, the requirements of the adopted specific plan shall take precedence over the Land Use Code. In instances where the specific plan is silent, the Land Use Code shall prevail.

D. Relationship to Design Guidelines. The city's design guidelines are intended to supplement the general design and development regulations located in Division 4 of this Land Use Code. Conformance to the design guidelines is strongly encouraged, but not mandatory. The design guidelines represent the city's preferences and provide examples of appropriate, quality design that positively contribute to the character of the community, but they are not intended to preclude alternatives or restrict imagination. In the event there is a conflict between Division 4 of this Land Use Code and the design guidelines, the regulations in Division 4 shall prevail.
(Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.10.040 Responsibility for administration.

This Land Use Code shall be administrated by: the city council, the planning commission, and the city manager or his/her designee in compliance with Title 18 of the Municipal Code. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.10.050 Interpretation of land use code provisions.

A. Purpose. This section provides rules for resolving questions about the meaning or applicability of any part of this title. The provisions of this section are intended to ensure the consistent interpretation and application of the requirements of this Land Use Code and the General Plan.

B. Rules of Interpretation.

1. Authority. The city manager or his/her designee shall have the responsibility and authority on a staff level to interpret the meaning and applicability of all provisions and requirements of this title.

2. Language.
a. Terminology. When used in this title, the words "shall," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive.

The present tense includes the past and future tenses; and the future tense includes the present.

The singular number includes the plural number, and the plural the singular, unless the natural

construction of the word indicates otherwise. The words "include," "includes," and "including" mean "including but not limited to …."
b. Number of Days. Whenever a number of days is specified in this title, or in any permit, condition of approval, or notice issued or given as provided in this title, the number of days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the city is not open for business, except as otherwise provided for by other state and federal laws, regulations, and agencies.
c. Number of Months. Whenever a time limit in this title is specified in months, the number of months shall be deemed to be consecutive months.

3. Calculations and Rounding. Where provisions of this Land Use Code require calculations to determine applicable requirements, any fractional/decimal results of the calculations shall be rounded as provided by this section.
a. Residential Density and Number of Lots/Parcels. For example, the RS-1 zoning district allows a minimum lot area of ten thousand square feet for new subdivisions. Therefore, a parcel of thirtyeight thousand square feet could be subdivided into a maximum of three parcels, if approved by the review authority (38,000/10,000 = 3.8, which would be rounded down to three). Refer to Section 18.10.060(C) for rules regarding fractions.

4. Conflicting Requirements. Any conflicts between requirements of this title, or between this title and other regulations, shall be resolved as follows.
a. Land Use Code Provisions. In the event of any conflict between the provisions of this title, the most restrictive requirement shall control.
b. Development Agreements or Specific Plans. In the event of any conflict between the requirements of this title and standards adopted as part of any development agreement or specific plan, the requirements of the development agreement or specific plan shall control. c. Other Regulations. In the event of any conflict between requirements of this Land Use Code and other regulations of the city, the most restrictive requirement shall control as determined by the city.
d. Private Agreements. It is not intended that the requirements of this Land Use Code shall interfere with, repeal, abrogate or annul any easement, covenant, or other agreement that existed when this Land Use Code became effective. This Land Use Code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than an applicable private agreement or restriction, without affecting the applicability of any agreement or restriction. The city shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement. e. General Plan. See Section 18.10.030(B).

5. Internal Cross-References. When a provision of this Land Use Code refers to a requirement elsewhere, the subject of the cross reference is assumed to be another chapter, section, or subsection of this title, or another provision within the same section or chapter, unless the title of another document is provided.

6. Zoning Map Boundaries. See Chapter 18.20 (Zoning Map).

7. Allowable Uses of Land. See Chapters 18.21 through 18.26 for allowable land uses by zoning district.

C. Procedures for Interpretations.

1. Whenever the requirements of this title are subject to interpretation generally, or as applied to a specific case, the city manager or his/her designee shall issue a determination or refer the matter to the planning commission for interpretation.

2. Request for Interpretation. The request for an interpretation or determination shall be filed with the city and shall include all information required by the city.

3. Referral of Interpretation. The city manager or his/her designee has the option of forwarding any determination of the meaning or applicability of any provision of this title directly to the planning commission for consideration.

4. Findings, Basis for Interpretation. The issuance of an interpretation shall include findings stating the basis for the interpretation. The basis for an interpretation may include technological changes or new industry standards. The issuance of an interpretation shall also include a finding documenting the consistency of the interpretation with the General Plan, and any applicable specific plan.

5. Record of Interpretations.
a. Interpretations shall be written and quote the provisions of this title interpreted, and the applicability in the particular or general circumstances that caused the need for interpretations; and
b. This title shall be amended to reflect interpretations made as soon as is practical. Until an amendment can occur, the city manager or his/her designee shall maintain a complete record of all interpretations indexed by the number of the chapter or section that is the subject of the interpretation.
(Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.10.060 Rules of measurement.

A. Purpose. The purpose of this section is to explain how various measurements referenced in this title are to be calculated.

B. Applicant Responsibility. For all calculations, the applicant shall be responsible for supplying drawings illustrating the measurements that apply to a project. These drawings shall be drawn to scale and of sufficient detail to allow easy verification upon inspection by the city.

C. Fractions. When calculating a maximum requirement, round down to nearest whole number. When calculating a minimum requirement, round up to nearest whole number.

D. Measuring Distances.

1. Measurements are the Shortest Distance. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the closest or shortest distance between the two objects.

2. Distances are Measured Horizontally. Distances are measured along a horizontal plane unless otherwise specified.

3. Measurements Involving a Structure. Measurements involving a structure are made to the closest wall of the structure, unless otherwise specified.

4. Measurements Between Uses. When measuring the distance between two different uses, the measurement is calculated from closest lot line to lot line.

E. Measuring Height.

1. General. Height shall be considered the vertical distance from the highest point of any structure to the ground level directly below, except as otherwise provided in this section.

2. Measuring Building Height on Sloped Lots. Height shall be measured from any point on top of the building to a line directly below which connects to opposite perimeter walls, or other perimeter support systems, at the lower of natural or finished grade. All parts of a building, except for allowed projections specifically listed in this Land Use Code, shall comply with maximum height limits.

3. Measuring the Height of Buildings Located Near Retaining Walls. If any portion of a building lies within the setback area of a lot and the base of the retaining wall is at a lower elevation than the building, the height of the building shall be calculated from the base of the retaining wall (at the lower of natural or finished grade) rather than from the base of the building wall.

4. Measuring the Height of Combined Fences and Retaining Walls. When a fence is constructed on top of or within one foot of the face of an above-ground retaining wall, and located in a required yard, the height of the fence shall be measured from the top of the fence to the midpoint height of the retaining wall.

F. Measuring Lot Width and Depth.

1. Lot Width. Minimum lot width shall be measured at the front setback line, or from the front property line is there is no required setback, as determined by the zoning of the parcel.

2. Lot Depth. Lot depth is measured along an imaginary straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear property line or to the most distant point on any other lot line where there is no rear lot line.

G. Determining Floor Area. Floor area is the horizontal area (expressed in square feet) of all floors included within a building or buildings, according to the following rules:

1. Included in Floor Area. Floor area is deemed to include:
a. The floor of atrium and lobby areas.
b. Enclosed and roofed storage and equipment spaces.
c. Enclosed and roofed halls, stairways, and elevator shafts. d. Enclosed and roofed porches and balconies.
e. Portions of basements and attics that meet building code height requirements for living space. f. The actual floor space of mezzanines, interior balconies, and lofts.

2. Excluded from Floor Area. Floor area does not include:
a. Unenclosed balconies, decks, porches, and stairs.
b. Substandard height portions of attics and basements. c. The area within a building adjacent to, and in an imaginary horizontal plane with, interior balconies, mezzanines, or lofts.

H. Determining Floor Area Ratio. Floor area ratio (FAR) is the ratio of the floor area of all principal and accessory buildings on a lot to the lot area. To calculate FAR, floor area is divided by lot area, and typically expressed as a decimal. For example, if the floor area of all buildings on a lot totals twenty thousand square feet, and the lot area is ten thousand square feet, the FAR is expressed as 2.0.

I. Determining Lot Coverage. Lot coverage is the ratio of the footprint of all structures on a lot to the lot area, typically expressed as a percentage. The footprints of all principal and accessory structures, including garages, carports and roofed porches, shall be summed in order to calculate lot coverage. The following structures shall be excluded from the calculations:

1. Unenclosed and unroofed structures; porches, landings, balconies, and stairways less than three feet in height.

2. Unenclosed and unroofed decks less than eighteen inches in height.

3. Eaves and roof overhangs projecting up to four feet from a wall.

4. Trellises and similar structures that do not have solid roofs.

5. Swimming pools and hot tubs that are not enclosed in roofed structures.

6. Trash enclosures.

7. Solar collectors.
(Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.10.070 Reasonable Accommodations.

A. Purpose and Intent. It is the purpose of this section to provide reasonable accommodations in the City’s zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling.

B. Definitions. The following terms as used in this section shall, unless the context clearly indicates otherwise, have the following meanings:

1. “Applicant” means a person, business, or organization making a written request to the city for reasonable accommodation in the strict application of the City’s zoning and land use laws, rules, policies, practices and/or procedures.

2. “Director” means the Community Development Director.

3. “Disabled person” or “person with a disability” means an individual who has a physical or mental impairment that limits one or more of that person’s major life activities; anyone who is regarded as having such impairment; or anyone who has a record of having such an impairment. Such an impairment shall not include an individual’s current, illegal use of a controlled substance.

4. “Fair Housing Laws” means the “Federal Fair Housing Act,” the Americans with Disabilities Act, and the “California Fair Employment and Housing Act,” as these statutes now exist or may be amended from time to time, and each Act’s implementing regulations.

5. “Reasonable accommodation” means any deviation requested and/or granted from the strict application of the City’s zoning and land use laws, rules, policies, practices and/or procedures.

C. Authority of the Planning Director. The Planning Director is hereby designated to approve, conditionally approve, or deny, without public hearing, all applications for a reasonable accommodation.

D. Procedure for Application Review.

1. Applicant. A request for a reasonable accommodation may be made by any person with a disability, his or her representative, or a developer or provider of housing for individuals with a disability.

2. Application. An application for a reasonable accommodation shall be made on a form provided by the Planning Department. No fee shall be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits. If an individual needs assistance in making the request for reasonable accommodation, the City will provide assistance to ensure that the process is accessible.

3. Other Discretionary Permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit.

4. Required Submittals. An application for a reasonable accommodation shall include the following:
a. Documentation that the applicant is: (i) a person with a disability, (ii) applying on behalf of one or more persons with a disability, or (iii) a developer or provider of housing for one or more persons with a disability;
b. The name and address of the individual(s) requesting the reasonable accommodation; c. The name and address of the property owner(s);
d. The address of the property for which accommodation is requested; e. A description of the reasonable accommodation requested by the applicant; f. An explanation of how the specific reasonable accommodation requested by the applicant is necessary to provide one or more persons with a disability an equal opportunity to use and enjoy the residence;
g. Where applicable, documentation that the requested accommodation is designed and constructed pursuant to the California Code of Regulations to allow access, circulation and full use of the building and facilities by persons with disabilities.

5. The planning director may request additional information from the applicant if the application does not provide sufficient information for the City to make the findings required in subsection E.

E. Basis for Approval or Denial of a Reasonable Accommodation.

1. Findings. The written decision shall be based on the following findings, all of which are required for approval:
a. The requested accommodation is requested by or on behalf of one or more persons with a disability protected under the Fair Housing Laws;
b. The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling;
c. The requested accommodation will not impose an undue financial or administrative burden on the City;
d. The requested accommodation will not result in a fundamental alteration in the nature of the City’s zoning program;
e. The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.

2. In determining whether the requested reasonable accommodation is necessary to provide one or more disabled persons an equal opportunity to use and enjoy a dwelling, pursuant to subsection (E)(1)(b), the City may consider, but is not limited to, the following factors:
a. Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability;
b. Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation; c. In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants;
d. In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.

3. In determining whether the requested reasonable accommodation would require a fundamental alteration in the nature of the City’s zoning program, pursuant to subsection (E)(1)(d), the City may consider, but is not limited to, the following factors:
a. Whether the requested accommodation would fundamentally alter the character of the neighborhood;
b. Whether the accommodation would result in a substantial increase in traffic or insufficient parking;
c. Whether granting the requested accommodation would substantially undermine any express purpose of either the City’s general plan or an applicable specific plan; d. In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.

4. Rules While Decision is Pending. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

F. Notice of Decision.

1. The Planning Director shall issue a written determination to approve, conditionally-approve, or deny a request for a reasonable accommodation. The Planning Director may elect to forward the matter to the Planning Commission for consideration of the application.

2. Appeals of the Director’s action shall be made in accordance with Section 18.12.060.

G. Expiration, Time Extension, Violation, Discontinuance, and Revocation.

1. Expiration. Any reasonable accommodation approved in accordance with the terms of this Section shall expire within twenty-four months from the effective date of the approval, or at an alternative time specified as a condition of the approval, unless:
a. A building permit has been issued and construction has commenced; b. A certificate of occupancy has been issued;
c. The use is established; or

d. A time extension has been granted.

2. Time Extension.
a. The Planning Director may, upon an application being filed prior to expiration and for good cause, grant a time extension of up to three one-year extensions of time. Each extension of time shall be granted in one-year increments only. Upon granting of an extension, the Planning Director shall ensure that conditions of the administrative approval comply with all current development code provisions.
b. Notice. Notice of the Planning Director’s decision on a time extension shall be provided in writing.

All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process.
c. Appeal of Determination. A time extension for a reasonable accommodation shall be final unless appealed to the City Council within fourteen calendar days of the date of mailing of the determination. An appeal shall be made in writing and shall be noticed and heard pursuant to the procedures established in Section 18.12.060 of this code.

3. Discontinuance. If the disabled persons for whom the reasonable accommodation was originally granted vacate the residence to which the reasonable accommodation applies, the reasonable accommodation shall remain in effect only if the Planning Director determines that: (a) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the Municipal Code; or (b) the accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The planning director may request that the applicant, or his or her successor-in-interest, provide documentation that subsequent occupants are persons with disabilities.

Failure to provide such documentation within thirty days of the date of a request by the city shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodation.

4. Revocation. Any reasonable accommodation approved in accordance with the terms of this code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith.

H. Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The Planning Director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval.

Chapter 18.11 NONCONFORMING USES, STRUCTURES, AND PARCELS

18.11.010 Purpose.

Within the zones established by this title, there exist uses, structures and lots which were lawful before the Land Use Code was adopted or amended, but which would be prohibited under the terms of this title or future amendment to this title. It is the intent of this title to permit these nonconforming uses to continue until they are terminated, but not to encourage their expansion. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building where a building permit has been issued prior to the effective date of the Land Use Code, provided such permit construction is diligently carried to completion.
(Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.11.020 Continuance.

Any lawful nonconforming use existing at the time of adoption of the Land Use Code may be continued, provided such use is continually maintained and occupied. A nonconforming use in either a conforming building or a nonconforming building, structure, or portion of either shall neither be extended to any portion of the building or structure not so used nor be enlarged or extended to any other portion of the lot not actually so occupied at the time said use became nonconforming, except as otherwise provided in this chapter. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.11.030 Enlargements and alterations.

A. Changes to Nonconforming Uses. No existing building or premises designed, arranged, intended, or devoted to a use not permitted in the zone in which such building or premises is located shall be enlarged, extended, reconstructed or structurally altered, except:

1. Work done in any period of twelve months on ordinary structural alterations or replacements of walls, fixtures or plumbing not exceeding twice the building's assessed value, according to the assessment thereof by the county assessor for the fiscal year in which such work is done, shall be permitted.

2. These provisions shall not prevent the expansion, increase in capacity, modernization or replacement of such public utility buildings, structures, equipment, and features as are used directly for the delivery of or distribution of the service; provided, however, that all setback requirements of the zone in which the site is located shall be maintained and there shall be no enlargement of the site.

3. A single-family detached dwelling may be reconstructed or remodeled in accordance with the standards of the existing structure, i.e., in the same building location on the lot, the same size of the existing structure, and the same height as the existing structure; however, different materials and architectural details may be used.

4. A nonconforming use located in the Westside Specific Plan area that substitutes another nonconforming use in compliance with Section 18.11.040 may expand, enlarge, reconstruct, or structurally alter the footprint of the existing building or structure for that substituted nonconforming use up to twenty percent within the existing parcel in which it is located, subject to first obtaining a conditional use permit.
(Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.11.040 Substitution of nonconforming uses.

A. Conversion of Nonconforming Uses. A nonconforming use may not be converted to any use except to a specifically permitted use in the zone of the parcel on which it is located; except that conversion of a lawful nonconforming use to a nonconforming use found by the planning commission to be a lawful nonconforming use on another site within the same zone may be allowed where a conditional use permit therefore has been approved; provided, that this shall in no way extend the abatement provisions contained in this chapter. The exception stated in this paragraph of allowing a conversion of a lawful nonconforming use to another nonconforming use within the same zone does not apply to nonconforming uses located within the Westside Specific Plan area.

B. Nonconforming Uses Located Within the Westside Specific Plan Area.

1. A nonconforming use located on a parcel or parcels located within the Westside Specific Plan may not be converted to any use except to a specifically permitted use in the zone of the parcel or parcels on which it is located, except as follows:
a. A nonconforming use may be converted to any use which is specifically permitted in the allowable uses for any of the zones identified in Appendix A of the Westside Specific Plan.

2. A nonconforming use that converts to another nonconforming use from Appendix A may enlarge and alter their footprint to the extent allowed in Section 18.11.030.

C. Nonconforming Uses in the CA Zone. In the CA zone where there exists commercial retail shopping facilities which became nonconforming at the time of the adoption of the Land Use Code, such facilities may continue to lease commercial space to uses typical of such facilities but not otherwise permitted in the CA zone. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.11.050 Partially destroyed structures.

A. Nonconforming Buildings or Structures that Become Damaged. A nonconforming building or structure which is damaged or destroyed by fire, explosion, or natural disaster may be restored and the occupancy or use of such structure or part thereof existing at the time of such partial destruction may be continued or resumed provided:

1. Such restoration results in an equal or lesser degree of nonconformity;

2. The total cost of such restoration for structures other than single-family detached dwellings does not exceed one-half the replacement cost of the structure at the time of such damage (the replacement cost will be calculated by the department of building and housing);

3. Such restoration is started within a period of one year and is carried out diligently to completion;

4. Such damage or destruction of structures is not intentionally caused by the owner. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.11.060 Religious institutions.

Religious Institutions of a permanent nature which became nonconforming at the time of adoption of the Land Use Code may be continued, reconstructed, structurally altered, extended or enlarged subject to plans approved by the planning commission for any reconstruction, alteration, extension or enlargement and provided such reconstruction, alteration, extension or enlargement conforms with all other provisions of this title; and provided, further, that said extension, reconstruction, alteration or enlargement shall not be extended to additional property beyond the parcel(s) upon which the nonconforming use exists. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.11.070 Single-family dwellings.

A. Nonconforming Single-Family Dwellings. Single-family dwellings which became nonconforming uses at the time of adoption of the Land Use Code or of amendments to the code may be continued, reconstructed, structurally altered, extended or enlarged in conformance with the following:

1. Enlargement or extension of a single-family detached dwelling shall conform to the standards of the zone which applies to the property. If a proposed enlargement or extension, except in the coastal zone,

results in more than two thousand five hundred square feet of floor area and/or more than four bedrooms, parking facilities shall be provided for the increase but not for any existing deficiency in such facilities. Parking facilities required as a result of this section may be provided in a garage, carport, or surface space.

2. No increase in parking over that previously provided shall be required for reconstruction of a nonconforming single-family residential use destroyed or partially destroyed by natural disaster, but may be permitted, in conformance to development standards of the zone which applies to the property.
(Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.11.080 Nonconforming parking facilities.

A. Use Made Nonconforming by Off-Street Parking Requirements.

1. Any use, excluding a single-family detached dwelling, which is nonconforming only because of changes made in the off-street parking requirements by the adoption of the Land Use Code, or any amendment thereto, may be expanded, increased or modified, or converted to a conforming use, and no addition to or change in the off-street parking facilities shall be required except as identified below.

2. If the existing off-street parking facilities are not sufficient to comply with the requirements of this title after such expansion, increase or modification, additional parking facilities shall be added.

3. The capacity of said facilities shall equal the difference between the off-street parking facilities this title would require for such use as expanded, increased or modified, and the off-street parking facilities as required for such use before said expansion, increase or modification.

4. This shall not apply to entertainment and public assembly type uses which shall provide the full amount of parking otherwise required.

5. Any additional off-street parking facilities provided under these conditions shall be developed pursuant to the provisions of Chapter 18.45 (Off-Street Parking and Loading).

6. Any modification of off-street parking requirements permitted by this section shall not be construed to extend the termination date of the subject nonconforming use, as specified by this title. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.11.090 Nonconforming signs.

A. Nonconforming Sign Regulations.

1. In cases where the area of signs existing as a lawful nonconforming use on a property exceeds the total allowable area for permitted signs, no additional signs shall be permitted on the property. If the size or configuration of a parcel or building is changed by the subdivision or splitting of the property or alterations to the building or parcel, property identification signs and outdoor advertising signs on the resulting properties shall be required to conform to the sign regulations applicable to the newly created parcel or parcels, at the time such change becomes effective.

2. In the event a use of any site or building is vacated, terminated or abandoned, for any reason, for a period of more than one ninety consecutive days, the owner or person in possession of the property shall be responsible for the removal of all signs on the property, building or wall, or for having the copy thereon painted out, immediately upon notice from the city.

3. Nonconforming signs shall be removed or made conforming when the business or property changes occupancy or ownership.
(Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.11.100 Termination.

A. Violation of Title. Any of the following violations of this title shall immediately terminate the right to operate a nonconforming use, except as otherwise provided in this title:

1. Changing a nonconforming use to a use not permitted in the zone;

2. Increasing or enlarging the area, space, or volume occupied by or devoted to such nonconforming use;

3. Addition to a nonconforming use of another use not permitted in the zone.

B. Discontinuance. A nonconforming use or structure shall become discontinued, except when extended as otherwise provided in this title, when it is:

1. Succeeded by a conforming use;

2. Discontinued and not re-established within a period of twelve or more consecutive calendar months;

3. Discontinued and not re-established within a period of eighteen or more nonconsecutive calendar months in a twenty-four-month period.

C. Termination by Operation of Law. The following conditions will result in a termination of nonconforming signs.

1. Termination by Abandonment. Any nonconforming sign, the use of which is discontinued for a period of ninety days, regardless of any intent to resume or not to abandon such use, shall be deemed to be abandoned and shall not thereafter be re-established. Any period of such discontinuance caused by government actions, strikes, material shortages or forces of nature, and without any contributing fault by the nonconforming user, shall not be considered in calculating the length of discontinuance for purposes of this section.

2. Termination by Change of Business. Any nonconforming sign advertising or relating to a business on the premises on which it is located shall be terminated upon any change in the ownership or control of such business.

3. Termination by Damage or Destruction. Any nonconforming sign damaged or destroyed, by any means, to the extent of thirty-five percent of its replacement cost new shall not be restored but shall be terminated.

4. Termination by Going Out of Business/Closure of Business. No sign that is accessory to a principal nonconforming use or structure shall continue after such principal use or structure shall have ceased or terminated, unless it shall thereafter conform to all the regulations of the zoning district in which it is located.

5. Termination Due to Lack of Repair. Failure to keep a nonconforming sign in good repair within one year after notification by the city shall constitute abandonment and subject to termination.

D. Affirmative Termination by Amortization.

1. The city council of the City of National City may order a nonconforming use to be terminated within a reasonable amount of time, upon recommendation of the planning commission. The planning commission shall conduct a public hearing after ten days' written notice to the nonconforming user. If

the nonconforming user has not made a substantial investment in furtherance of the use, or if the investment can be substantially utilized or recovered through a currently permitted use, the order may require complete termination of the nonconforming use within a minimum of one year after the date of the order. If the nonconforming user has made a substantial investment in furtherance of the use, or if the investment cannot be substantially utilized or recovered through a currently permitted use, the order may require the complete termination of the nonconforming use within a longer reasonable amount of time. Nonconforming uses that are determined to be an imminent threat to the public health or safety may be terminated immediately, pursuant to Chapter 1.36 of this Municipal Code. In making its recommendation to terminate a nonconforming use and in recommending a reasonable amount of time in which to terminate, the planning commission shall consider:
a. The total cost of land and improvements;
b. The length of time the use has existed;
c. Adaptability of the land and improvements to a currently permitted use; d. The cost of moving and reestablishing the use elsewhere; e. Whether the use is significantly nonconforming;
f. Compatibility with the existing land use patterns and densities of the surrounding neighborhood; g. The possible threat to public health, safety, or welfare; and h. Any other relevant factors.

The term "nonconforming use" when used in this section shall include nonconforming uses, nonconforming structures, and nonconforming lots, consistent with the intent of this title.

This amortization section does not apply to any lawful nonconforming residential uses.

Failure to comply with the city council's order to terminate a nonconforming use shall constitute a violation of this chapter and is a public nuisance subject to abatement in accordance with Chapter 1.36 of this Code.

2. That a notice of exemption shall be filed indicating that this amendment to the Municipal Code is exempt from the California Environmental Quality Act, because it can be said with certainty that there is no possibility that the action will have a significant effect on the environment as it does not have a direct effect on any property or environmental consequence.

E. Unlawful Uses and Structures. Uses and structures that did not comply with the applicable provisions of this Land Use Code or prior planning and zoning regulations when established are violations of this code and are subject to the provisions of Title 1 of the Municipal Code (Administration and Enforcement). This section does not grant any right to continue occupancy of property containing an illegal use or structure. The activity shall not be allowed to continue unless/until permits or entitlements required by this Land Use Code and the Municipal Code are first obtained.
(Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.11.110 Exemptions.

A. Historic Structures. Nonconforming structures of historical significance may be altered or enlarged with a building permit approval granted by the city manager or his/her designee, without conforming to current setback provisions; provided the historic structure:

1. Has been certified to be an historic resource by the city, county, or state, or in the National Register of Historic Places; or

2. Is to be altered or enlarged as an authentic replica of the original structure.

B. Single-family Dwellings. Single-family dwellings are exempt from the provisions of Section 18.11.100 as follows:

1. Height. An existing single-family dwelling that is nonconforming only because it exceeds the height limit of the applicable zone, shall not be required to comply with the provisions of this title.

2. Setbacks. Where a single-family dwelling or a detached accessory structure, is nonconforming only by reason of substandard setbacks, the provisions of this title shall not apply; provided that any structural alteration of a nonconforming structure shall not increase the degree of nonconformity, and any enlargements shall comply with the setback requirements of the applicable zoning district.

3. Parking. A single-family dwelling that is nonconforming with respect to the parking requirements of this Land Use Code is exempt from requirements of this title that would otherwise require compliance with the parking requirements of this Land Use Code.

C. Destroyed Nonconforming Dwelling Units.

1. Where the city manager or his/her designee determines that a nonconforming single- or multi-family dwelling unit has been involuntarily damaged or destroyed by accident (e.g., fire, explosion, etc.) or natural disaster (e.g., earthquake, etc.), the unit may be reconstructed or replaced with a new structure using the same development standards applied to the damaged or destroyed structure (e.g., building footprint, building height, density standards, number of dwelling units, setbacks, and floor area); provided:
a. The applicant provides documentation, satisfactory to the review authority, supporting the claim that the damage or destruction occurred involuntarily;
b. No expansion of the gross floor area or number of dwelling units occurs; c. The replacement structure:
i. Is in compliance with the current building code; and ii. Would not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the immediate vicinity of the replacement structure; d. A building permit is issued no later than twelve months after the date of destruction, and construction is diligently pursued to completion.

2. If the preceding requirements are not met, the replacement structure shall comply with all of the regulations of the applicable zoning district in effect on the date of application for the required building permit.

D. Seismic Retrofitting. Alterations, reconstruction, or repairs otherwise required by law (e.g., city adopted building, electrical, plumbing codes) shall be allowed. Reconstruction required to reinforce unreinforced masonry structures or to comply with building code requirements shall be allowed without cost limitations; provided, the retrofitting and code compliance are limited exclusively to compliance with earthquake safety standards and other applicable building code requirements.

E. Nonconforming Upon Annexation. Nonconforming uses or structures, or both, which are lawfully existing at the time the property on which they are located is annexed to the city, and which do not conform to the regulations of the subject zoning district following annexation, shall be deemed legal nonconforming uses or structures, or both, and shall, upon annexation, be subject to the provisions of this chapter.

F. Nonconforming Due to a Lack of a conditional use permit.

1. Conformity of Uses Requiring Conditional Use Permits. A use that becomes nonconforming only because it is a use that would be required by this Land Use Code to have conditional use permit

approval shall be deemed conforming, but only to the extent that it previously existed prior to adoption of the Land Use Code (e.g., maintain the same site area boundaries, hours of operation, etc.).

2. Previous Conditional Use Permits in Effect. A use that was authorized by a conditional use permit prior to adoption of this Land Use Code, but is identified in this Land Use Code as a use that is not allowed in its current location, may continue, but only in compliance with the original conditional use permit.

G. Previous Permits. A use or structure which does not conform to the current regulations of the subject zoning district, but for which a building permit, or a permit or entitlement approved in compliance with this Land Use Code, was issued and work substantially completed before the applicability of this Land Use Code, may be completed; provided, the work is diligently pursued to completion. Upon completion these uses or structures, or parts thereof, shall be deemed to be legal nonconforming and shall thereafter be subject to the provisions of this chapter.

H. Development Standards. The requirements of this title relating to yards, building and structure height, area, and off-street parking requirements, for any use for which a Conditional Use Permit is required, shall be observed, except where the Planning Commission and/or City Council finds that specific alterations and/or exemptions with reference to such requirements are reasonable and are required to be made. Such findings shall be made only at the same time the permit is approved.

I. Public Acquisition. Nonconforming due to public acquisition. Whenever any structure or parcel is rendered nonconforming within the meaning of this chapter by reason of a reduction in a required parcel area, reduction of off-street parking facilities, or setbacks occurring solely by reason of dedication to, or purchase by, the city for any public purpose, or eminent domain proceedings, which result in the acquisition by the city or any agency authorized for the eminent domain proceedings of a portion of the property, the structure or parcel shall not be deemed nonconforming within the meaning of this chapter. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012)
Chapter 18.12 PERMITS AND APPLICATIONS

18.12.005 Residential Development
All housing development projects, as defined in section 18.50.010 shall be subject to the following provisions:

A. An application for a housing development project that will require the demolition of residential dwelling units shall not be approved unless the project will create at least as many residential dwelling units as will be demolished.

1. An application for a housing development project that will require the demolition of occupied or vacant protected units shall not be approved unless all of the following apply:
(a) The project will replace all existing or demolished protected units. (1) If a protected unit is or was, within the five-year period preceding the housing development project application, subject to a form of rent or price control, and is or was occupied by persons or families above lower income, the City shall require:
(i) The replacement units shall be made available at affordable rent or affordable housing cost to, and occupied by, low-income persons or families. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years.
(b) The housing development project will include at least as many residential dwelling units as the greatest number of residential dwelling units that existed on the project site within the last five years.

(c) Any existing residents will be allowed to occupy their units until six months before the start of construction activities with proper notice.
(d) The housing development project applicant agrees to provide both of the following to the occupants of any protected units:
(1) Relocation benefits to the occupants of those affordable residential rental units. (2) A right of first refusal for a comparable unit available in the new housing development affordable to the household at an affordable rent, or an affordable housing cost.

B. If the planned housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the application was deemed complete, the Planning Commission may deny or approve with the condition that the project be developed at a lower density, only with the written findings that the project:

1. Would have a specific, adverse impact on public health of safety; or

2. There is no method to mitigate or avoid the adverse impact.

C. If a planned housing development project is not in compliance with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision, the Planning Division shall provide the applicant with written documentation identifying the reasons for noncompliance:

1. Within 30 days of determination that the development application is complete if the project contains 150 or fewer units; or

2. Within 60 days of determination that the development application is compete if the project contains more than 150 units.

3. If the Planning Division does not provide the above required documentation, the housing development project shall be deemed compliant with applicable plans, programs, policies, ordinances, standards, requirements, and other similar provisions.

D. If a planned housing development project proposes at least 20 percent of its units as lower-income units and is located on a parcel included in the site inventory of the currently adopted Housing Element, the project is subject to by right approval provided that the parcel meets one of the following requirements:

1. The parcel is a non-vacant site that has been included in at least one prior housing element cycle; or

2. The parcel is a vacant site that has been included in two or more consecutive planning periods.

E. If a planned housing development project is approved on a parcel identified in the currently adopted Housing Element with fewer units than shown in the Housing Element, the Planning Division shall either make written findings supported by substantial evidence that the Housing Element’s remaining sites have sufficient capacity to accommodate the remaining unmet Regional Housing Needs Assessment (RHNA) allocation for National City by each income level, or within 180 days identify and make available sufficient sites to accommodate the remaining unmet RHNA allocation for each income category for the current planning period.

F. A planned housing development project shall not be disapproved on the basis that approval of the planned housing development would trigger the identification or zoning of additional adequate sites to accommodate the remaining RHNA allocation for National City for the current planning period.

G. Protected unit defined. A protected unit means any of the following:

1. Residential dwelling units that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income within the past five years.

2. Residential dwelling units that are or were subject to any form of rent or price control through a public entity’s valid exercise of its police power within the past five years.

3. Residential dwelling units that are or were occupied by lower or very low-income households within the past five years.

4. Residential dwelling units that were withdrawn from rent or lease in accordance with Government Code Chapter 12.75 within the past 10 years.

18.12.010 Permit application and review.

An application for a permit or other land use matter shall be filed with the planning division in accordance with the following provisions:

A. Authority to File an Application. The following persons are deemed to have the authority to file an application:

1. The record owner of the real property that is the subject of the permit or other matter;

2. The property owner's authorized agent; or

3. Any person who can demonstrate a legal right, interest, or entitlement to use the real property subject to the application;

4. The application of a redeveloper who is seeking to redevelop the property involved, and who is a party to an existing disposition and development agreement with the community development commission.

B. Applications—Acceptability of Signatures. If signatures of persons other than the owners of the property making the application are required or offered in support of, or in opposition to, an application, they may be received as evidence of notice having been served upon them of the pending application, or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the city as represented by the planning commission and the city council.

C. Application Form and Submittal Items. The city manager or his/her designee shall prescribe the form in which applications are made for administrative or discretionary approvals and maintain a list specifying the materials and information to be submitted with each application for a permit or other matter filed in accordance with the Land Use Code. The list may be revised as needed to comply with revisions to local, state, or federal law, regulation, or policy.

D. Submittal Requirements. The application shall be made on a form provided by the city manager or his/her designee and shall be accompanied by the materials, information, fees, and deposits that are required on the date the application is filed, unless otherwise specified by the Land Use Code or state law.

E. Evaluation. The application shall be deemed complete when the department processing the application has determined that the application includes all of the information, materials, fees, and deposits required. The city may, in the course of processing the application, request that the applicant clarify, simplify, or provide in alternate format or medium, the information required for the application.

1. The Planning Division shall notify the applicant for a housing development project in writing no later than 30 days after the application has been received if it is complete. If the application is incomplete, the planning division shall provide the applicant a list of required items that were not complete. (a) The housing development project applicant may appeal this decision and the Planning Division shall provide a process through which to do so. If the Planning Division determines an application for a development project is incomplete, the applicant must submit the information required to

complete the application within 90 days of receiving notification from the City that the application is incomplete. If the applicant does not adhere to this deadline, the application will be deemed expired.
(b) If the written determination of application completeness is not made within 30 days of the housing development project permit application receipt, the application shall be deemed complete. If the applicant appeals the decision, the Planning Division shall provide a final written determination no later than 60 days after receipt of the written appeal. (c) If a final written determination is not made within 60 days of receipt of the written appeal, the application shall be deemed complete.

F. Filing Fee. All filing fees required to be paid upon the filing of any application shall be set forth from time to time by city council resolution.

G. Applications—Filing. Applications filed pursuant to this title shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records, and there shall be attached thereto and permanently filed copies of all notices and actions, with certificates and affidavits of applicable posting, mailing or publication.

H. Applications—Withdrawal. Any applicant may withdraw an application at any time, provided the withdrawal is in writing and notification of public hearing has not been mailed. Any public hearing for which notification has been given shall be convened, at which time withdrawal of the application may be acknowledged and filed.
(Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.12.020 Decision processes for planning applications.

Applications for permits or other matters identified in this Land Use Code shall be acted upon in accordance with one of the decision processes depicted in Table 18.12.020 (Decision Processes for Planning Applications).

Table 18.12.020 is provided for convenience of reference only and does not define, describe, or limit the scope, meaning, or intent of any provision of the Land Use Code. This table describes the city's processes only and does not describe other decision processes that may be required by other agencies, such as the state coastal commission. Subdivision procedures are identified in Title 17.

TABLE 18.12.020
Decision Process for Planning Applications
Application Type Role of Review Authority
Planning Division Planning
Commission
City Council
Ministerial Applications
Interpretations
(See Section 18.10.050 (C))
Decision Appeal Appeal
Minor site plan review Decision Appeal Appeal
Minor use permit Decision Appeal Appeal
Home occupation permit Decision Appeal Appeal
Sign permit Decision Appeal Appeal
Discretionary Applications
Conditional use permit Recommend Decision Appeal
Variance Recommend Decision Appeal
Planned development permit Recommend Decision Appeal
General plan amendment Recommend Recommend Decision

Zoning ordinance amendment Recommend Recommend Decision Zoning map amendment Recommend Recommend Decision
(Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.12.030 Ministerial decision process.

A. Purpose. Ministerial review is conducted at the staff level and is intended to ensure compliance with the regulations established in the Land Use Code.

B. Decision. An application for an administrative permit may be approved, conditionally approved, or denied by a staff person designated by the city manager without a public hearing.

C. Notice of Application. A notice of application is only required for minor use permits pursuant to Section

18.12.080.

D. Notice of Decision.

1. The designated staff person shall mail notice of the decision to:
a. The applicant.
b. Any person who requested notice of the approval or denial of the application from the staff person.

2. Such notice shall contain a brief statement of the reason or reasons for the approval or disapproval.

E. Appeal to the Planning Commission. The decision of the designated staff person is final and conclusive unless, within thirty days after mailing the notice of decision, the applicant or other interested party files a written letter of appeal with the planning division in accordance with Section 18.12.060(B).

F. Appeal to the City Council. The decision of the planning commission shall become effective and final thirty days following such action unless, within such period of time the applicant or other interested party files a written letter of appeal with the planning division in accordance with Section 18.12.060(C).

G. Streamlined Ministerial Review.
a. Eligible development projects may be processed through a streamlined ministerial review process.

Eligibility requirements for such projects and the applicable streamlined ministerial review process are detailed in Government Code Section 65913.4, as amended. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.12.040 Discretionary decision process.

A. Purpose. A discretionary permit is a permit or permit modification granted following determinations that require the exercise of judgment and deliberation, as opposed to merely determining that the permit request complies with a set of standards.

B. Decision. As identified in Table 18.12.020, depending on the permit type, the decision to approve or deny a discretionary permit or action is either made by planning commission or the city council.

1. Any housing development project for very low-, low- or moderate-income households or an emergency shelter may not be denied or conditionally approved in a manner which renders it infeasible unless the Planning Commission makes written findings based on a preponderance of evidence as to one of the considerations outlined Government Code Section 65589.5(d).

C. Environmental Review. All discretionary decisions by the planning commission and city council require findings prescribed in the California Environmental Quality Act and ordinances adopted pursuant thereto, in addition to all other requirements.

D. Planning Commission Decision.

1. When a discretionary application is to be decided by the planning commission pursuant to Section

18.12.020, a hearing shall be held in accordance with Section 18.12.050.

2. The Planning Commission shall approve or deny housing development projects consistent with California Government Code Section 65950, as amended.

3. Waiver of Appeal Period. Before the close of the public hearing, an applicant may request that the appeal period be waived in accordance with Section 18.12.060(D). Notwithstanding any action of the planning commission to grant a waiver of appeal, the city council may set the matter for a hearing.

4. If the appeal period is not waived, the decision of the planning commission shall become effective and final thirty days following such action, unless, within such period of time the applicant or other interested party files a written letter of appeal with the planning division requesting an appeal before the city council.

5. Within such thirty days, a copy of the planning commission resolution granting or denying such application shall be transmitted to the city council unless an appeal is filed. If no appeal is filed, the city council may set the matter for a public hearing.

E. City Council Decision.

1. When a discretionary action is to be decided by the city council pursuant to Section 18.12.020, a hearing before the planning commission shall occur first in accordance with Section 18.12.050.

2. Once the planning commission has made a recommendation on the action, a hearing shall be scheduled before the city council pursuant to Section 18.12.050.

3. The city council's decision is final and effective upon the rendering of the decision.

F. Expiration.

1. If a discretionary permit is not exercised within the time permitted by this chapter, such permit shall be deemed null and void. The exercise of such rights shall be commenced within the time permitted by the resolution granting such permit. If no time is specified, then for all purposes such time for the exercise of right shall be deemed to be a period of one year from and after the adoption of the resolution granting such permit.

2. The granting body, upon good cause shown by the applicant, may extend the time permitted by this chapter for the exercise of such rights, for a period of not to exceed one year.

3. An additional extension of time may be granted by the granting body where the applicant, after a public hearing, which shall be noticed as provided in Section 18.12.050 (Noticing and Public Hearings), shows, to the reasonable satisfaction of such body, that the exercise of such rights was prevented by causes outside of the applicant's control. Such time extensions shall be for reasonable periods of time, not exceeding one year for each such extension.

4. Requests for extensions of time within which to exercise the rights under a discretionary permit shall be made prior to the expiration date thereof. Such requests shall be in writing and, where the planning commission is the granting body, shall be filed with the secretary of the commission. Where the city council is the granting body, such written requests shall be filed with the planning division. Upon the filing of such a written request, the time for the exercise of rights under the permit shall be deemed automatically extended until the granting body determines whether or not the request is to be

granted, but in no event shall such automatic extension be for a period longer than thirty days, except as hereinafter provided.

5. Where the granting body is the city council, if no action is taken upon such request within a period of thirty days after the filing thereof, the same shall be deemed denied.

6. Where the granting body is the planning commission, and the commission either denies the request or fails, within a period of thirty days, to take action thereon, the same shall be deemed denied, unless within ten days after such request has been denied by the commission, or within ten days after the expiration of the thirty-day period, an appeal is filed, in writing, with the planning division.

7. Where an appeal is taken from the commission's action or inaction, the expiration date for the permit shall be automatically extended for a period of thirty days after the filing of such written appeal with the planning division. If the Council fails to act upon the request within said thirty-day period, the same shall be deemed denied.

G. Violations. The following shall be considered violations of Title 18:

1. Commencement or continuation of an activity which requires approval of a discretionary permit pursuant to this title, not including lawful nonconforming uses, established prior to enactment of regulations that require a discretionary permit for the activity.

2. Any violation of a condition of approval of a discretionary permit. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.12.050 Noticing and public hearings.

A. Public Hearing Defined. A public hearing is a noticed public session to receive original evidence or testimony on applications regulated by this title. These are held by the planning commission and city council.

B. Scheduling. For all proposals to be heard by the planning commission, the city manager or his/her designee shall set the date for public hearing and give the required notice. For all appeals of planning commission decisions and all other matters requiring public hearings by the city council, the city clerk shall set dates for public hearings and give required notices. The date of the hearings shall be not less than ten days nor more than forty-five days from the time of the filing of such verified application or the adoption of a resolution or the making of a motion to set the public hearing. If a planned housing development project complies with applicable general plan and zoning standards and the application is complete, no more than five public hearings may be conducted, and a decision to approve or deny the project shall be reached at one of the five hearings. For these purposes, a hearing does not include a hearing to review a legislative approval required for a planned housing development project.

C. Notice—Generally. Notice of time and place of public hearings shall be given in the following manner:

1. A notice of any public hearing upon a proposed amendment to this title, or to the zoning map, shall be given by at least one publication in a newspaper of general circulation in the city not less than ten days before the date of the public hearing.

2. Notice of public hearing to consider a variance, conditional use permit, planned development permit, or reclassification of any property shall be given by mailing a written notice not less than ten days prior to the date of such hearing to the applicant, and to owners of property within a radius of three hundred feet of the exterior boundaries of the property to be changed, using for this purpose the name and address of such owners and properties, as shown on the latest adopted San Diego County tax roll, and other persons on request.

3. In the event that the number of owners to whom notice may be sent pursuant to this section is greater than one thousand, notice may be given at least ten days prior to the hearing by either of the following procedures:
a. By placing a display advertisement of at least one-fourth page in a newspaper having general circulation within the area affected by the proposed ordinance or amendment; or b. By placing an insert with any generalized mailing sent by the city to property owners in the area affected by the proposed ordinance or amendment, such as billings for city services.

D. Notice—Additional Requirement for Conditional Use Permits for the Sale of Alcoholic Beverages. In addition to notice required pursuant to this section, written notice for a public hearing on a conditional use permit for the sale of alcoholic beverages shall be provided as specified in Section 18.30.050 of this title.

E. Notice—Required Wording. Such public notice of hearings on zone reclassifications, amendments, variances, planned development permits, or conditional use permits shall consist of the words "Notice of Proposed Change of Zone Boundaries or Classification" or "Notice of Proposed Variance," "Notice of Proposed Planned Development Permit," or "Notice of Proposed conditional use permit," as the case may be, setting forth the description of the property under consideration, the nature of the proposed change or use, and the time and place at which the public hearing, or hearings, on the matter will be held.

F. Hearing Rules. The planning commission may establish rules governing the conduct of its proceedings.

G. Continuation of Hearing. If, for any reason, testimony on any case set for public hearing cannot be completed on the date set for such hearing, the person presiding at such public hearing may, before adjournment or recess thereof, publicly announce the time and place at which the hearing will be continued, and no further notice is required.

H. Testimony. A summary of all pertinent testimony offered at public hearings held in connection with an application filed pursuant to this title and the names of persons testifying shall be recorded and made a part of the permanent files of the case.

I. Planning Commission Recommendation.

1. For applications requiring a final decision by the city council, the planning commission shall first hold a public hearing on the matter. For such hearing, the commission shall recommend to the city council approval or denial of the request, including the reasons for the recommendation.

2. Upon receipt of the recommendation from the planning commission, the city council shall hold a public hearing.

3. The city council may approve, modify, or disapprove of the recommendation of the planning commission; provided that any modification of the proposed amendment by the city council not previously considered by the planning commission during its hearing shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within forty days after the reference shall be deemed to be approval of the proposed modification.

J. Hearing Body Decision. The hearing body responsible for making a final determination on a matter pursuant to Section 18.12.020, be it the planning commission or city council, shall announce its findings by formal resolution, and said resolution shall recite, among other things, the facts and reasons which, in the opinion of the hearing body, make the granting or denial of the permit or action necessary to carry out the provisions and general purpose of this title, and shall order that the permit or other action be granted, denied, or modified subject to such conditions or limitations that it may impose.

K. Notice of Decision. Not later than seven days following the adoption of a resolution ordering that a permit or other action be granted or denied, a copy of said resolution shall be mailed to the applicant and to any other parties requesting notice of the action. The resolution shall also be filed with the city clerk.

L. Effective Date of Decision.

1. The decision of the planning commission shall become effective and final thirty days following the adoption of the resolution, unless, within such period of time, the applicant or other interested party files a written letter of appeal. Within such thirty days, the planning commission resolution shall be transmitted to the city council who may set the matter for a public hearing.

2. If the appeal period is waived in accordance with Section 18.12.060(D), then the decision of the planning commission shall become effective and final immediately upon adoption of the resolution.

3. The decision of the city council shall become effective and final immediately upon adoption of the resolution.

M. Refiling Procedure. Where an application has been denied by a hearing body and that action has become final, no new application for substantially the same request shall be accepted for a period of one year after the effective date of the denial, unless that hearing body specifies in its decision that the denial is without prejudice.
(Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.12.060 Appeals.

A. Effect of Filing. The filing of a notice of appeal pursuant to this section stays all proceedings until a decision on the appeal is rendered.

B. Appeal of Staff Decisions.

1. Whenever a permit or other action has been denied at a staff level, an aggrieved person may file a written appeal with the planning division within thirty days after the mailing of a notice of decision.

2. The planning division, upon receipt of an appeal, shall set the matter for a hearing before the planning commission as soon as is practical in accordance with the public hearing procedures outlined in Section

18.12.050. The appealing party shall be given at least ten days’ notice of the time and place of such hearing.

3. At the time set for such hearing, the planning commission shall give the appealing party a reasonable opportunity to be heard on the matter and may require reports from any city department. After the hearing, the planning commission shall affirm, disaffirm, or modify the decision appealed.

4. A nonrefundable fee in such amount as the city council shall from time to time establish shall be paid at the time of filing the appeal.

C. Appeal of Planning Commission Decisions.

1. Whenever a permit or other action has been denied by the planning commission, an aggrieved person may file a written appeal with the planning division within 30 days after the public hearing in which such decision was rendered.

2. The planning division shall notify the city clerk of the appeal and the city clerk shall notice and schedule a public hearing before the city council in accordance with Section 18.12.050. The appealing party shall be given at least ten days’ notice of the time and place of such hearing.

3. At the time set for such hearing, the city council shall give the appealing party a reasonable opportunity to be heard on the matter and may require reports from any city department. After the hearing, the city council shall affirm, disaffirm, or modify the decision appealed. The decision of the city council shall be final and conclusive.

4. A nonrefundable fee in such amount as the city council shall from time to time establish shall be paid at the time of filing the appeal.

D. Waiver of Appeal Period. For permits and actions to be decided by the planning commission, before the close of the public hearing, an applicant may request that the appeal period be waived. The planning commission shall grant the request only after determining for the record that there are no interested persons who object to the waiver and that the applicant has waived all rights to appeal. If the appeal period is waived, the planning commission's decision becomes effective immediately upon adoption of the resolution. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.12.070 Site plan review.

A. Purpose. Site plan review is a ministerial action established to ensure compliance with the Land Use Code and to attach conditions as necessary to ensure such compliance.

B. Applicability and Requirements. Prior to or concurrently with the submission of building plans for plan check or application for issuance of a building permit for any building to be erected in any zone wherein site plan review is required by this title, accurately dimensioned architectural drawings and plot plans for all proposed construction shall be submitted to the planning division for approval. The site plan or plot plan shall contain any specific information required by the city manager or his/her designee necessary to determine compliance with the Land Use Code. A nonrefundable fee in such amount as the city council shall from time to time establish by resolution shall be paid to the finance officer at the time of filing.

C. Plan Review.

1. The planning division shall review all plans submitted and shall endorse its approval on a copy thereof, if it determines that the plan shows:
a. Compliance with this title and all other applicable city ordinances; b. Desirable site layout and design;
c. Utility of open areas;
d. Adequate landscaping;
e. Compatibility with neighboring property;
f. Compliance with the General Plan or an adopted specific plan; g. Incorporation of any mitigation measures stipulated in a certified environmental impact report or negative declaration for the project, if applicable.

2. If the department determines that the plans thus submitted do not conform or adequately provide for one or more of such provisions, it shall endorse its disapproval thereof, together with a statement of the provisions of this chapter with which such plans do not conform.

3. When referred to the engineering department, fire department, building department, or other city agency by the planning division, such departments shall evaluate such plans as to compliance with all applicable city ordinances and standards and may require additional plans to be submitted and approved prior to final approval of such plans. The conditions of approval of development plans by the

planning division may include the recommendations of other city department heads required to be made by the terms of this chapter.

D. Issuance of Permit. No building permit, certificate of occupancy, or any other permit listed shall be issued until the approvals required by this section have been obtained.

E. Preliminary Site Plan Review.

1. Site plans may be submitted for preliminary review prior to submission of building plans for plan check, or application for issuance of a building permit for any building to be erected in any zone wherein site plan review is required by title.

2. A fee in such amount as the city council shall from time to time establish by resolution shall be paid to the finance officer at the time of submittal, which amount will be deducted from the building permit fee paid at the time building permits are issued.
(Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.12.080 Minor use permits.

A. Purpose. Minor use permits provide a ministerial process for reviewing land use activities that are allowed in the applicable zoning district but require administrative review in order to evaluate the compatibility of the proposed use with surrounding uses and the suitability of the use to the site.

B. Applicability. A minor use permit is required to authorize proposed land uses identified by Division 2 (Zoning Districts and Allowable Land Uses) as being allowable in the applicable zoning district subject to the approval of a minor use permit.

C. Notice of Application.

1. The designated staff person shall mail notice of the application no later than ten days after an application has been deemed complete to:
a. The applicant.
b. The owners of any real property, as shown on the latest equalized property tax assessment roll of the San Diego County Assessor, located within three hundred feet of the boundary of the property that is the subject of the application.

D. Contents of the Notice of Application.

1. The notice of application shall include the following information:
a. A general description of the proposed project, including, when applicable, the type of permit requested, project name, square footage of proposed construction, and number of residential units proposed.
b. The location and size of the property that is the subject of the application. c. The name, telephone number, and city address of the designated staff person to contact for additional information.
d. An explanation that a minor use permit is an administrative process whereby the decision to approve, conditionally approve, or deny the proposed development will be made by the planning division without a public hearing.
e. An explanation of the process to appeal the decision.

E. Requests for Notice of Decision. Persons who wish to receive notice of the approval or denial of the application may request this information from the staff person. The request must be received no later than ten business days after the date on which the notice of application is mailed.

F. Application Requirements. An application for a minor use permit shall contain any specific information required by the city manager or his/her designee necessary to determine compliance with the Land Use Code. It is the responsibility of the applicant to provide evidence in support of the findings required by this section. A nonrefundable fee in such amount as the city council shall from time to time establish by resolution shall be paid to the finance officer at the time of filing.

G. Findings and Decision. The planning division may approve or deny an application for a minor use permit. The designated staff person shall record the decision and the findings on which the decision is based. The planning division may approve a minor use permit only after first finding all of the following:

1. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Land Use Code;

2. The proposed use is consistent with the General Plan and any applicable specific plan;

3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity;

4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints; and

5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located.

H. Issuance of Permit and Duration.

1. Upon the approval of an application, the planning division shall authorize the issuance of a minor use permit, with or without conditions, and one copy of which shall be forwarded to:
a. The applicant;
b. The building official;
c. Any other department or agency the planning division considers affected by the issuance of the permit; and
d. The division files for permanent retention.

2. Minor use permits shall be in effect for the duration of the use, or for a time period specified in the conditions of approval, or until the time a revocation of the permit is effectuated on the basis of noncompliance with the terms of the permit.

I. Conditions of Approval. In approving a minor use permit, the planning division may impose any conditions deemed reasonable and necessary to ensure that the approval would comply with the findings required by this section.
(Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.12.090 Home occupation permits.

A. Purpose. A home occupation permit is a ministerial process to ensure that an occupation conducted within a dwelling is compatible with the character of the area in which the dwelling is located and that it is clearly a secondary use to the primary residential use of the dwelling.

B. Applicability. Home occupations are permitted in residential zones as identified in Section 18.21.020 provided that they first receive a home occupation permit.

C. Application Requirements.

1. An application for a home occupation permit shall contain any specific information required by the city manager or his/her designee necessary to determine compliance with the Land Use Code.

2. It is the responsibility of the applicant to provide evidence in support of the findings required by this section.

3. Any applicant for a home occupation permit who is not the legal owner of the subject real property shall provide a written statement from the legal owner consenting to the application.

4. A nonrefundable fee in such amount as the city council shall from time to time establish by resolution shall be paid to the finance officer at the time of filing.

D. Findings and Decision.

1. The planning division may approve or deny an application for a home occupation permit. The designated staff person shall record the decision and the findings on which the decision is based. The planning division may approve a home occupation permit only after first finding all of the following:
a. There is no display of merchandise;
b. No stock in trade nor commodity is sold upon the premises; c. The home occupation shall not result in the reduction of required off-street parking; d. Home occupations, except for urban agricultural uses permitted by Section 18.30.240 (Urban Agriculture), shall be conducted within an enclosed structure on the premises; e. No person other than the resident is engaged in the home occupation on the premises; f. The resident shall not rent space to others in association with a home occupation; g. All sales of products and the performance of all service or work that requires the presence of a partner, employee, or customer shall take place off the premises; h. No mechanical equipment is used except that which is normally necessary for housekeeping purposes;
i. No signs or advertising for the home occupation is placed on the premises and other advertising does not identify the address of the premises;
j. Materials or products associated with the home occupation are stored in an enclosed structure on the premises and shall not exceed one thousand cubic feet for the entire premises or any more restrictive limitations by the building or housing division or county health department. k. Only one vehicle for business-related purposes is permitted on the premises or on any adjacent residentially zoned area. This vehicle may not exceed a one ton carrying capacity and may not be a tow truck.

l. The home occupation shall be consistent with permitted residential uses, shall not create any conditions that amount to a public nuisance, and shall not be detrimental to the neighborhood by causing increased noise, traffic, lighting, odor, or by violating any applicable laws or ordinances;
m. A business license is procured.

2. Additional stipulations can be placed on the permit by the city manager or his/her designee.

E. Issuance of Permit and Duration.

1. Upon the approval of an application, the planning division shall authorize the issuance of a home occupation permit and one copy of which shall be forwarded to:
a. The applicant;
b. Any other department or agency the planning division considers affected by the issuance of the permit; and
c. The division files for permanent retention.

2. The occupation shall be limited to those activities specifically described on the permit, and subject to the conditions described in this section or as stipulated on the permit;

3. A home occupation permit shall be in effect for the duration of the home occupation unless a revocation of the permit is effectuated.

4. If it is determined or found by the city manager or his/her designee that the home occupation authorized causes a disturbance or nuisance to the abutting neighborhood, it shall be reviewed by the planning commission and may be declared null and void, and any business license issued shall be subject to cancellation.
(Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.12.100 Sign permit.

A. Purpose. The purpose of a ministerial sign permit is to ensure conformance with the sign and outdoor advertising display regulations in Division 4 and any applicable master sign program or specific plan.

B. Applicability. A sign permit is required for the installation or alteration of any sign, except those specifically exempt by this section.

C. Exemptions from a Sign Permit.

1. The following signs may be installed without a sign permit, provided that they meet the requirements listed below:
a. Maintenance of a sign that does not involve structural or electrical changes; b. Interior signs; except for theater lobby signs;
c. Public utility and safety signs that are required by law; d. Signs that are required by law, other than public utility and safety signs, provided that they do not exceed the minimum dimensions required by the law;
e. Signs required by the fire department to designate fire lanes;

f. Temporary real estate signs that are not illuminated. Only one such sign is permitted to face on each street adjacent to the property. Such signs may be single- or double-faced and are limited in size to four square feet or less on property in residential zones, and ten square feet or less on property in commercial zones;
g. Nameplate identification signs and combination name plates and address signs with letters that do not exceed three inches in height, are not illuminated, and do not exceed four square feet in area;
h. Construction site signs that are not illuminated;
i. Window signs;
j. Tablets, memorials, and cornerstones that are built into the walls of a building, and provide information such as the name of the building and the date of construction; k. Incidental residential signs that provide warnings such as "no parking," "watch dogs," "private property," and "security service" that are not illuminated, do not exceed one square foot in area each, and do not project over a public right-of-way. No more than three of these signs shall be allowed per premises;
l. Bulletin boards, provided they do not exceed sixteen square feet in area, do not project over a public right of way, and are not illuminated.

D. Application Requirements. Applications for sign permits shall contain any specific information required by the city manager or his/her designee necessary to determine compliance with the Land Use Code. A nonrefundable fee in such amount as the city council shall from time to time establish by resolution shall be paid to the finance officer at the time of filing.

E. Building Division Review. If placement of a sign requires a building permit, the building division will review the plans for compliance with California Building Code requirements.

F. Decision and Findings.

1. The planning division may approve or deny an application for a sign permit. The designated staff person shall record the decision and the findings on which the decision is based. The sign permit may be approved once the following findings are made:
a. The proposed sign is architecturally and aesthetically compatible with the major structures on the subject site and adjacent sites and is compatible with the character of the neighborhood and general environment;
b. Granting the application is in conformance with the goals, policies, and objectives of the General Plan and the purpose and intent of any applicable specific plan, and the purposes of this Land Use Code and would not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and the same zoning district; and c. Granting the application would not be detrimental or injurious to property or improvements in the vicinity of the subject site, or to the public health, safety, or general welfare.

G. Issuance of Permit and Duration.

1. The sign permit may be issued after all approvals have been obtained and all required fees have been paid.

2. If the work authorized under a sign permit has not been completed within six months after date of issuance, the permit shall become null and void.

3. Before the expiration date of a sign permit, a permittee may submit a written application for an extension of time. The city manager or his/her designee may extend a sign permit for a period not exceeding six months if the city manager or his/her designee determines that, based on evidence provided by the permittee, circumstances beyond the control of the permittee prevented completion of the work.

4. A sign permit may not be extended more than two times.

5. Upon successful completion and inspection of the work authorized under a sign permit, the sign permit shall be in effect for the duration of the use for which the sign is intended, or for a time period specified in the permit, or until the time a revocation of the permit is effectuated based on noncompliance with the terms of the permit. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.12.110 Conditional use permits.

A. Purpose. The granting of a conditional use permit is a discretionary action that authorizes permitted uses subject to specific conditions because of the unusual characteristic or need to give special consideration to the proper location of said uses in relation to adjacent uses, the development of the community, and to the various elements of the General Plan. It is the purpose of this chapter to set forth the findings necessary for such discretionary action.

B. Applicability. A conditional use permit is required to authorize proposed land uses identified by Division 2 (Zoning Districts and Allowable Land Uses) as being allowable in the applicable zoning district subject to the approval of a conditional use permit.

C. Application Requirements. An application for a conditional use permit shall contain any specific information required by the city manager or his/her designee necessary to determine compliance with the Land Use Code. It is the responsibility of the applicant to provide evidence in support of the findings required by this section. A nonrefundable fee in such amount as the city council shall from time to time establish by resolution shall be paid to the finance officer at the time of filing.

D. Conditional Use Permits Defined. "Conditional use permits," as the term is used in this section, shall be the same as those conditional use permits described in Section 65901 of the Government Code.

E. Findings and Decision.

1. The planning commission may approve or deny a conditional use permit through a public hearing process. Before any conditional use permit is granted, the applicant shall show the existence of the following facts:
a. The proposed use is allowable within the applicable zoning district pursuant to a conditional use permit and complies with all other applicable provisions of the Land Use Code; and b. The proposed use is consistent with the General Plan and any applicable specific plan; and c. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity; and d. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. e. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located; and

f. The proposed project has been reviewed in compliance with the California Environmental Quality Act.

2. The decision of the planning commission is appealable to the city council in accordance with Section

18.12.060.

F. Conditions. Conditions may be imposed upon the granting of any conditional use permit so as to render the proposed use as compatible as possible with other uses in the immediate surrounding area, and to accomplish the purpose of this chapter.

G. Acceptance of Conditions. Before any conditional use permit granted pursuant to the provisions of this chapter shall become effective, the applicant shall file a written statement, in the form to be prescribed by the city attorney, with the planning division, acknowledging and accepting all of the conditions, if any, imposed upon such conditional use permit.

H. Revocation.

1. Conditional use permits may be subject to revocation in the time and manner as set forth in this section. Whenever the city manager or his/her designee finds that any of the following facts exist, with reference to a conditional use permit, he/she may recommend to the planning commission or city council, whichever body granted the permit, that the conditional use permit be revoked:
a. That the conditional use permit was obtained by fraud; or i. That the use authorized by such conditional use permit has ceased, or has been suspended, for any reason, for a period of six months or more; or
ii. That the conditional use permit is being exercised in a manner contrary to any law or conditions of approval imposed upon such conditional use permit; or
iii. That any use or uses pursuant to such conditional use permit is being, or has been, exercised in a manner detrimental to public peace, health, safety, or welfare, or in a manner to constitute a public nuisance.
b. Upon receipt of such recommendation, the granting body shall expeditiously set and conduct a public hearing upon such matter after having given notice in the manner set forth in Section

18.12.050. At the time and place of such hearing, the body conducting such hearing shall determine whether any one of the facts, set forth in Section 18.12.110(H)(1)a are present. If, as a result of the evidence produced at such hearing, the body conducting the hearing determines that any one of such facts are present, it shall revoke the conditional use permit. c. If the revocation proceeding is conducted before the planning commission, the decision of the commission shall be subject to an appeal to the city council in the time and manner as set forth in Section 18.12.060. In the absence of such appeal from a commission decision, its decision shall be final and conclusive. The action of the city council, either upon an appeal or as a conducting body, shall be final and conclusive for all purposes.

I. Modification. Any condition imposed upon the granting of a conditional use permit may be modified or eliminated, or new conditions may be added; provided that the original granting body, the commission or the council, first conducts a public hearing thereon, in the same manner as required for the granting of the same. No such modification shall be made unless the commission or council finds that such modification is necessary to protect the public interest and/or adjacent or abutting properties; or, in case of deletion of an existing condition, that such action is necessary to permit reasonable operation and use under the conditional use permit.
(Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.12.120 Variances.

A. Purpose. Variances are discretionary actions meant to provide adjustments in the application of this title to avoid practical difficulties and unnecessary hardships with respect to a particular piece of property which is not enjoying the privileges commonly enjoyed by other properties in the same vicinity and zone. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site, or because of the location of existing structures on the site, or from setbacks or building lines, or from geographic, topographic, or other physical conditions on the site or in the immediate vicinity.

B. Applicability. A variance may be considered for any applicant who is trying to establish a use that is expressly permitted in the zone that governs his/her property, but a hardship associated with the land deprives the property of privileges enjoyed by other properties in the vicinity within the same zone and prevents the applicant from being able to fully comply with the development standards of this Land Use Code.

C. Application Requirements. An application for a variance shall contain any specific information required by the city manager or his/her designee necessary support of the findings required by this section. A nonrefundable fee in such amount as the city council shall from time to time establish by resolution shall be paid to the finance officer at the time of filing.

D. Development Standards. Except for the provision(s) of this title which are the subject of a zone variance approval, all other provisions of this title shall apply.

E. Findings and Decision. Before any zone variance is granted by the planning commission through a public hearing process, the applicant shall show compliance with the following:

1. Variances from the terms of this title shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

2. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

3. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property.

F. Conditions of Approval. Conditions of approval may be attached to the granting of a variance to render such variance compatible with adjacent uses and properties and in accord with the general intent and purpose of this title, and to prevent the granting of a special privilege inconsistent with the limitations placed upon other properties and uses similarly situated.

G. Acceptance of Conditions. Before any zone variance granted pursuant to the provisions of this chapter shall become effective, the applicant shall file a written statement, in the form to be prescribed by the city attorney, with the planning division, acknowledging and accepting all of the conditions, if any, imposed upon such zone variance.
(Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.12.130 Planned development permits.

A. Purpose. The purpose of these procedures is to:

1. Establish a review process for development that allows an applicant to request greater flexibility from the strict application of the regulations than would be allowed through a variance process;

2. Encourage imaginative and innovative planning to achieve a more preferable development than what would be achieved by strict conformance with the regulations;

3. Ensure, through the imposition of conditions of approval, a more efficient use of open space, separation of pedestrian and vehicular traffic, increased project amenities, compatibility with the surrounding neighborhood, and conformance to the achievable capacity of community utilities and improvements.

4. Consider a planned development as a comprehensive unit rather than an aggregation of separate buildings on unrelated lots.

B. Applicability. A planned development shall consist of not less than one acre and the area must be under one ownership or the subject of an application filed jointly by all the owners of the property included.

C. Application Requirements. An application for a planned development permit shall contain any specific information required by the city manager or his/her designee necessary to support the findings required by this section. A nonrefundable fee in such amount as the city council shall from time to time establish by resolution shall be paid to the finance officer at the time of filing.

D. Dwelling Units. If a planned development contains residential units, the number of residential units shall not exceed the number otherwise allowed unless a density bonus is approved consistent with the provisions of Government Code Section 65915. In no case shall the right-of-way of any public or private street, sidewalk, public or semi-public parking area, or adjacent pedestrian walk be included in the allowable lot area per dwelling unit. Two or more dwelling units may be attached or combined into a single structure.

E. Special Lot Sizes, Setback, and Height Requirements.

1. Reductions in lot sizes may be approved, provided that acceptable land is designated as permanent open space and/or usable recreation space. The land area of each permanent open space area shall equal or exceed the total of all lot reductions.

2. Special setback and height requirements may be established for a planned development based on design and relation of buildings to each other and the surrounding areas.

F. Development Regulations. Reductions in lot sizes may be approved, provided that acceptable land is designated as permanent open space and/or usable recreation space. The land area of each permanent open space area shall equal or exceed the total of all lot reductions.

G. Findings and Decision. A planned development permit may be approved or conditionally approved by the planning commission through a public hearing process only if all of the following findings are made:

1. The proposed development is consistent with the General Plan;

2. The proposed development will not be detrimental to the public health, safety, and welfare;

3. The proposed development will comply with the regulations of the Land Use Code;

4. The proposed development, when considered as a whole, will be beneficial to the community;

5. Any proposed deviations pursuant to this section are appropriate for this location and will result in a more desirable project than would be achieved if designed in strict conformance with the development regulations of the applicable zone.

6. The proposed project has been reviewed in compliance with the California Environmental Quality Act.

H. Conditions of Approval. Conditions of approval may be attached to the granting of a planned development permit to render such planned development compatible with adjacent uses and properties and in accord with the general intent and purpose of this title.

I. Acceptance of Conditions. Before any planned development permit granted pursuant to the provisions of this chapter shall become effective, the applicant shall file a written statement, in the form to be prescribed by the city attorney, with the planning division, acknowledging and accepting all of the conditions, if any, imposed upon such zone variance.
(Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.12.140 Zoning amendments.

A. Purpose. The zoning map or Land Use Code may be amended whenever public necessity, general welfare, convenience, or sound planning principles require.

B. Initiation. Zoning amendments may be initiated by:

1. The application of an owner or the agent of such owner seeking an amendment, supplement to, or change of the regulations prescribed for his property, or the reclassification of his property;

2. The application of an entity authorized to exercise the power of eminent domain over property subject to amendment;

3. The application of a redeveloper who is seeking to redevelop the property involved, and who is a party to an existing disposition and development agreement with the community development commission;

4. Minute action of the city council;

5. Minute action of the planning commission.

C. Application. Any person desiring to initiate a zoning change shall address his/her request on a form prescribed by the city manager or his/her designee. A nonrefundable fee in such amount as the city council shall from time to time establish by resolution shall be paid to the finance officer at the time of filing.

D. Decision. No decision on a zoning amendment shall be rendered by the planning commission or city council until they have, respectively, found that the amendment, if adopted, would be consistent with the General Plan and has been reviewed in compliance with the California Environmental Quality Act.

E. All zoning code or land use designation amendments shall be made in accordance with Government Code Section 66300, as amended.
(Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.12.150 General plan and specific plan amendments.

A. Purpose. The General Plan Map, General Plan, and any specific plan may be amended whenever public necessity, general welfare, convenience, or sound planning principles require, in the manner prescribed in Sections 65350 through 65362, and 65450 through 65457 of the Government Code of the state.

B. Initiation. Amendments to the General Plan Map, General Plan, or any specific plan may be initiated by:

1. The application of an owner or the agent of such owner seeking an amendment, supplement to, or change of the regulations prescribed for his/her property, or the redesignation of his/her property.

2. The application of an entity authorized to exercise the power of eminent domain over property subject to amendment;

3. The application of a redeveloper who is seeking to redevelop the property involved, and who is a party to an existing disposition and development agreement with the community development commission;

4. Minute action of the city council;

5. Minute action of the planning commission.

C. Application. Any person desiring to initiate a change in the General Plan Map, General Plan, or any specific plan shall address his/her request on a form prescribed by the city manager or his/her designee. A nonrefundable fee in such amount as the city council shall from time to time establish by resolution shall be paid to the finance officer at the time of filing.

D. Decision. The planning commission shall recommend approval, approval with modifications, or denial of the application through a public hearing pursuant to Section 18.12.050. The city council, after receiving such recommendation, shall hold a public hearing pursuant to Section 18.12.050 and render a final decision.

E. Limitations on General Plan Amendments. General Plan amendments shall occur no more frequently than four times during any calendar year unless otherwise specified in Government Code Section 65358. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.12.160 Historic properties.

A. Intent and Purpose. It is the intent and purpose of this section to protect, preserve and, where damaged, restore National City's historic resources by:

1. Establishing a procedure whereby properties of historical significance are identified and appropriate notice is provided in the event demolition, significant alteration, or conversion is proposed.

2. Protecting the educational, cultural, economic, and general welfare of the public, while employing regulations that are consistent with sound historical preservation principles and the rights of private property owners.

B. Designation of Historic Properties.

1. A list of historic properties shall be maintained and periodically updated.

2. Changes to the historic properties list may be initiated by resolution of the city council or on the verified application of the owner(s) of the property to be designated or their authorized agents. a. For a planned housing development project, the Planning Commission shall determine whether the site of the proposed housing development project is a historic site at the time the application for the housing development is complete. The determination shall remain valid during the pendency of the housing development project for which the application was made unless any archaeological, paleontological, or tribal cultural resources are encountered during construction.

3. Any application or resolution that proposes changes to the historic properties list shall be accompanied by an evaluation of the historic character of the property and shall be reviewed by the planning division.

4. The planning division, after reviewing such application for completeness, shall notify the historical society of the proposed changes to the historic properties list. Any comments or recommendations provided by the historical society must be received within twenty days of the notice of proposed changes.

5. Once the planning division has completed review of the application and considered any comments or recommendations from the historical society, it shall prepare a report and recommendation to the planning commission.

6. The planning commission shall hold a public hearing on the proposal and shall provide a recommendation to the city council.

7. The city council shall hold a public hearing and may approve, modify and approve, or deny the proposed changes to the historic properties list.

C. Review of Ministerial Permits.

1. The building official or designee shall review each request for a non-discretionary building or demolition permit to determine if it involves any structure identified on the list of historic properties. If a property proposed for demolition or significant alteration or conversion is determined to be on the historic properties list, the building official or designee shall withhold issuance of the permit for a period of thirty days.

2. The building official shall immediately notify the planning division and the city council of the pending permit.

3. Within five days, the planning division shall provide notice to the historical society of the pending permit and may request comments and recommendations. Any comments or recommendations provided by the historical society must be received within twenty days of the notice of pending permit.

4. Once the planning division has reviewed the permit application and considered any comments or recommendations from the historical society, it shall provide a recommendation to the city council.

The recommendation may include approval of the permit, no recommendation, recommendation that the permit be denied, or a request for additional time to evaluate the permit.

5. The city council, at its sole discretion, may approve the permit, deny the permit if a finding is made that such permit may result in an adverse effect on the public welfare, or withhold the issuance of the permit until such time as all alternative measures are thoroughly evaluated.

D. Review of Discretionary Permits. All discretionary permits involving a historic resource shall be reviewed in compliance with the California Environmental Quality Act. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012)
DIVISION 2. ZONING DISTRICTS

AND ALLOWABLE LAND USES
Chapter 18.20 ZONING MAP

18.20.010 Purpose.

This section identifies the zones that apply to property within the city and adopts the city's zoning map.

National City is organized into zones that implement the General Plan, which are identified on the zoning map. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.20.020 Zones and zoning map.

A. Official Zoning Map. The official zoning map of the city is a zoning regulation within the context of and adopted pursuant to this title.

B. Zone Boundaries—Determination in Cases of Uncertainty. The location of zone boundaries may be determined by the rules for interpretation pursuant to this title.

C. Zone Boundary Changes—Procedure. Changes in the boundaries of the zones shall be made by ordinance adopting an amended official zoning map.

D. Pre-Zoning of Unincorporated Lands.

1. Areas outside of city limits, but within National City's sphere of influence are unincorporated lands and governed by the County of San Diego until such time as those areas are annexed into the city. These areas have been pre-zoned with city zones to identify the regulations that would apply once the land is annexed into the city.

2. Pre-zone changes may be initiated and heard, in the manner provided for zone changes in this title, prior to the effective date of annexation to be effective upon annexation.

E. Effect of Specific Plans. Lands within an adopted specific plan are governed by the zoning regulations of that specific plan. If the requirements of any specific plan are either more restrictive or less restrictive than the zoning regulations of this title, the requirements of the specific plan shall take precedence. If the specific plan is silent with regard to a development standard that is addressed within the provisions of this title, the provisions of this title shall apply. Specific plans referred to in this title shall be adopted in compliance with the procedural requirements of the California Government Code.

F. Zone Classifications Established. The following zone classifications are established and applied to the city as shown on the official zoning map.

TABLE 18.20.020
Zone Classifications
Zone
Classification
Symbol
Zone Classification General Plan Land Use Designation
Residential
RS-11 Large Lot Residential Very Low Density Residential RS-21 Small Lot Residential Low Density Residential
RS-31 Medium-Low Density Multi-Unit
Residential
Medium Density Residential
RS-41 Residential Single-Family Specific Plan (Westside) RM-11 Medium Density Multi-Unit Residential Medium Density Residential RM-21 High Density Multi-Unit Residential High Density Residential RM-31 Very High Density Multi-Unit
Residential
Very High Density Residential
Commercial
CA Commercial Automotive Commercial and Services
CL Limited Commercial Specific Plan (Westside)
CS Service Commercial Commercial and Services
CT Tourist Commercial Specific Plan (Harbor District Specific Plan Area)
Mixed-Use
MCR-11 Mixed Commercial-Residential Specific Plan (Westside) MCR-21 Mixed Commercial-Residential
(Smart Growth Area)
Specific Plan (Westside)
MXC-11 Minor Mixed Use Corridor Medium Mixed Use
MXC-21 Major Mixed Use Corridor High Mixed Use
MXD-11 Minor Mixed Use District MediumMixed Use
MXD-21 Major Mixed Use District High Mixed Use
MXT1 Mixed-Use Transition Lower Mixed-Use
Industrial
IL Light Industrial Light Industrial

IM Medium Industrial Industrial
IH Heavy Industrial Industrial
Institutional
I Institutional Institutional
Open Space
OS Open Space Open Space
OSR Open Space Reserve
Military
M Military Military Reservation
San Diego Unified Port District
UPD Port Master Plan San Diego Unified Port District
Specific Plan
SP1 Specific Plan Specific Plan
1ADUs and JADUs permitted subject to Sections 18.30.380 and 18.30.390 (Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.20.030 Prohibited land uses.

Land uses not specifically allowed in a zone are prohibited in that zone; in addition, the following are specifically prohibited.

A. In all zones, no structure of a temporary nature shall be used as a residence, neither temporarily nor permanently, including:

1. Boats (except in marinas).

2. Camper shells (except in recreational vehicle parks).

3. Mobilehomes (except in mobilehome parks).

4. Recreational vehicles (except in recreational vehicle parks).

5. Shacks.

6. Sheds.

7. Shipping containers.

8. Storage units.

9. Tarpaulins.

10. Tents (except in recreational vehicle parks).

11. Trailers (except in recreational vehicle parks).

12. Buildings or structures of a temporary nature.

B. In all zones, the following shall not be used for temporary or permanent sleeping areas, with the exception of those that have been converted into an accessory dwelling unit as stipulated in Section 18.21.050:

1. Attics.

2. Basements.

3. Cellars.

4. Decks.

5. Game rooms.

6. Garages.

7. Nonresidential buildings.

8. Patios.

9. Porches.

10. Rooftops.

C. In all zones, outdoor storage is prohibited except as specifically allowed by the zone.

D. In all zones, outdoor storage or parking of the following is prohibited unless specifically allowed by the zone:

1. Boats within any required front, side, exterior, or street setback.

2. Camper shells within any required front, side, exterior, or street setback.

3. Mobile homes (except in mobile home parks).

4. Recreational vehicles within any required front, side, exterior, or street setback.

5. Trailers within any required front, side, exterior, or street setback. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012)
Chapter 18.21 RESIDENTIAL ZONES

18.21.010 Purpose.

This section lists the land uses allowed within the residential zones. The purposes of the individual residential zones and the manner in which they are applied are as follows:

A. Large Lot Residential (RS-1). The purpose of the RS-1 zone is to provide for areas of single-family detached residences on large lots (ten thousand square feet minimum and a density of up to five dwelling units per acre).

B. Small Lot Residential (RS-2). The purpose of the RS-2 zone is to provide for areas of single-family detached residences on small lots (five thousand square feet minimum and a density of six to nine dwelling units per acre).

C. Medium-Low Density Residential (RS-3). The purpose of the RS-3 zone is to provide for low-rise, medium-low density (10 to 15 units per acre) single-family attached and multiple family residential areas. The RS-3 zone is intended to retain characteristics found in the single-family zones, such as private yards and patios and privately maintained open space.

D. Residential Single-Family (RS-4). The purposes of the RS-4 zone are to provide for areas of single-family attached and detached homes on minimum lot sizes of two thousand five hundred square feet; and provide for small lot single-family development within the Westside Specific Plan area. The RS-4 zone permits one attached or detached single-family dwelling for each full two thousand five hundred square feet of lot area provided there is no more than one single-family residence for each two thousand five hundred square feet of lot area. It also allows for the continuation of the existing mixture of housing types and encourages infill with single-family zones on vacant properties and where existing parcels may be further subdivided as provided herein.

E. Medium Density Multi-Unit Residential (RM-1). The purpose of the RM-1 zone is to provide for low-rise, medium density (sixteen to twenty-three dwelling units per acre) multiple family residential areas. The RM-1 zone is a transitional zone between higher density residential uses and lesser intensity single-family areas.

F. High Density Multi-Unit Residential (RM-2). The purpose of the RM-2 zone is to provide for low- to mid-rise, high density (twenty-four to forty-eight dwelling units per acre) multiple family residential.

G. Very High Density Multi-Unit Residential (RM-3). The purpose of the RM-3 zone is to provide for mid- to highrise, very high density (forty-nine to seventy-five dwelling units per acre) multiple family residential. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.21.020 Allowed land uses and permit requirements.

A. Residential Land Uses.

1. Table 18.21.020 identifies the uses of land allowed in each residential zone.

2. Table 18.21.020 does not apply to the RS-4 zone. See Appendix A, Land Use Table, within the Westside Specific Plan for the list of permitted uses in the RS-4 zone.

3. Within the RS-4 zone, existing multi-family and duplexes may continue as a permitted use. Existing churches and religious services may continue as a permitted use whereas new churches and religious facilities and expansions to existing churches and religious facilities are permitted pursuant to approval of a conditional use permit. Parks and open space are permitted uses.

TABLE 18.21.020
Allowed Land Uses
Residential Zones
Land Use Permit Required By District Specific Use
RS- Regulations
1 RS2 RS3 RM1 RM2 RM3
Accessory structure
(incidental to primary use
and not a second unit)

P P P P P P
Animal husbandry C — — — — — Section 8.32
Bed and breakfast inn
(B&B)
C C C C C C Section 18.30.290
Family day care home,
small
P P P P P P Section 18.30.080
Family day care home,
large
P P P P P P Section 18.30.080
Convalescent
services/hospice (in home
care only)

P P P P P P
Dormitory (Accessory to a
school)
— — — — C C

Dwelling unit, single
detached

P P P P P P
Dwelling unit, single
attached
— — P P P P
Dwelling unit, multiple — — P P P P
Home occupation
(accessory use)
P P P P P P Section 18.12.090
Neighborhood corner
store
M M M M M M Section 18.30.260
Open space reserves P P P P P P
Parks, passive recreation P P P P P P
Parks, active recreation C C C P P P
Plant nursery C — — — — —
Public assembly C C C C C C
Public safety facility C C C C C C
Rectory (accessory to
religious facility)

C C C C C C
Renewable energy
infrastructure (accessory)
P P P P P P Section

18.30.210/18.30.300;
California Building
Code
Rooming or boarding
house (accessory)

C C C C C C
Second unit (accessory) P P P P P P
Transitional / supportive
housing

C C P P P P
Utility facilities, minor P P P P P P
Utility facilities, major C C C C C C
Urban agriculture P P P P P P Section 18.30.240
P Permitted
C Conditional use permit
M Minor use permit (ministerial)
— Not permitted
(Ord. No. 2012-2372, Exh. B-1, 2-7-2012; Ord. No. 2019-2464, § 2, 11-5-2019)

18.21.030 Accessory uses.

A. Home Occupations. A home occupation permit granted by the planning division pursuant to Section

18.12.090 (Home Occupation Permits) shall be required. The home occupation shall comply with the provisions included within the definition as provided in the glossary.

B. Roomers and Boarders. In a dwelling unit occupied as a private residence, one or two rooms may be rented and table board provided for a maximum of two paying guests in all residential zones. Renting to more than two paying guests in a private residence is considered a rooming or boarding house and is subject to approval of a conditional use permit.

C. Limitations on Accessory Uses and Structures.

1. Accessory uses and structures are prohibited without a permissible main building.

2. Each accessory structure is allowed no more than one half bath unless it has been converted into an accessory dwelling unit as stipulated in Section 18.30.380.

D. Recreational Facilities. Recreational facilities serving a multi-unit residential development may be permitted.

Typical facilities include:

1. Swimming pools, gymnasiums/fitness centers, and hut tubs/spas;

2. Tennis, badminton, volleyball, croquet, and similar courts;

3. Playgrounds, sitting areas, and picnic/barbeque areas. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.21.040 General development standards.

Development standards for residential zones are set forth in Table 18.21.040.

Table 18.21.040
Development Standards
Residential Zones
Development Requirement By Zoning District
RS-1 RS-2 RS-3 RS-4 RM-1 RM-2 RM-3
Minimum setbacks, Primary structure
Front 20' 20' 15' 10'/
15(a)
15' 10' 10'
Side—Interior 5' 5' 5' 3/0(b) 5' 5' 5'
Side—Exterior 10' 10' 5' 10'(a) 5' 5' 10'
Rear 25' 25' 10' 15' 5' 5' 5'
Minimum setbacks, Accessory structure
Front 20' 20' 15' 10/
15'(c)
15' 10' 10'
Side—Interior 5' 5' 5' 3' 5' 5' 5'
Side—Corner 5' 5' 5' 10' 5' 5' 5'

Development Requirement By Zoning District
RS-1 RS-2 RS-3 RS-4 RM-1 RM-2 RM-3
Rear 5' 5' 5' 3' 5' 5' 5'
Detached building
separation
5' 5' 5' 6' 5' 5' 5'
Number of detached
buildings
3 per
full
5,000
ft2 of
lot
area
3 per
full
5,000
ft2 of
lot
area
3 per
full
5,000
ft2 of
lot
area
3 Minimum lot area 10,000
SF
5,000
SF
5,000
SF
2,500
SF
5,000
SF
5,000
SF
5,000
SF
Minimum separation
of primary structures
10 feet
if sidebyside;
15 feet
if
fronttoback
10 feet
if sidebyside;
15 feet
if
fronttoback
10 feet
if sidebyside;
15 feet
if
fronttoback
10 feet
if sidebyside;
15 feet
if
fronttoback
Minimum street
frontage
(Standard)
60' 50' 50' 25' 50' 50' 50'
Minimum street
frontage
(lots on the bulb of a
cul-de-sac)
36' 36' 36' 15' 36' 36' 36'
Maximum density One
du per
lot
One
du per
lot
One
du per
2,900
SF of
lot
area
One
du for
each
2,500
SF of
lot
area
One
du per
1,900
SF of
lot
area
One
du per
900 SF
of lot
area
One
du per
580 SF
of lot
area
Minimum usable
open space
N/A N/A N/A N/A See Section 18.41.040
Maximum lot
coverage
75% 75% 75% N/A 75% 75% 75%

Development Requirement By Zoning District
RS-1 RS-2 RS-3 RS-4 RM-1 RM-2 RM-3
Maximum height,
primary structure
35' 35' 35' 35' 45' 65' 95'
Maximum stories,
primary structure
2 2 3 3 4 6 9
Maximum height,
accessory structure
35' 35' 35' 35' 45' 65' 95'
Shall not exceed the
number of stories or
height of the primary
structure.

Shall not exceed the
allowed maximum height
of accessory structures in
adjacent zone within 100-
feet of the adjacent zone.

Maximum area
(total), accessory
structures—
Excluding up to 400
SF of covered
parking and area
dedicated to an ADU
10% of
lot size
(d)
10% of
lot size
(d)
10% of
lot size
(d)
None None None None
Notes:
(a) Stoops and porches may extend into the front yard up to the front property line or in the case of a corner parcel, to the side property line. Garages shall maintain a fifteen-foot front yard setback. (b) A zero foot minimum side yard, for one side yard on the parcel, is permitted provided that there is a six-foot separation to the adjacent residential structure and that there is a minimum three-foot side yard setback on the opposite side.
(c) Except for stoops and porches, accessory structures shall not be located in the front yard setback. Porches or stoops should be at least six feet deep.
(d) No single accessory structure shall have a footprint greater than that of half of the primary structure excluding area dedicated to an ADU.
(Ord. No. 2012-2372, Exh. B-1, 2-7-2012; Ord. No. 2017-2438, § 2, 10-3-2017) Chapter 18.22 COMMERCIAL ZONES

18.22.010 Purpose.

A. Purposes. The general purposes of commercial zones are to:

1. Provide areas in which business may be conducted, goods sold and distributed, public and private services rendered, and such other activities provided which are related to the function of commercial development;

2. Ensure compatibility of the various commercial areas with adjacent land uses;

3. Implement the General Plan by concentrating the locations of intensive commercial uses.

B. Commercial Automotive (CA). The purpose of the commercial automotive (CA) zone is to provide for automobile and truck sales and services and sales and services that support such uses. Uses may also include alternative fuel vehicle sales, services and related supplies, and rental car facilities.

C. Limited Commercial (CL). The purposes of the limited commercial (CL) zone are to:

1. Provide for small scale, limited convenience retail shopping facilities at the neighborhood level, typically including food and convenience stores, small retail and service shops, professional offices, and artisan activities such as studios, galleries, production space, and small performance venues. The sale of all merchandise shall be retail only.

2. Ensure that the character of the CL zone will be compatible with and will complement the surrounding residential area.

D. Service Commercial (CS). The purpose of the service commercial (CS) zone is to provide for intensive commercial activities; specialized service establishments; wholesaling, and distribution uses that operate in a clean and quiet manner; and supporting and complimentary uses.

E. Tourist Commercial (CT). The purpose of the CT zone is to provide areas catering specifically to the needs of automobile-oriented trade, such as transient accommodations and services, certain specialized retail outlets, commercial amusement enterprises and compatible residential development. (Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.22.020 Allowed land uses and permit requirements.

Table 18.22.020 identifies the uses of land allowed in each commercial zone. This table does not apply to the CL zone. For a list of allowable uses in the CL zone, please refer to Appendix A of the Westside Specific Plan.

TABLE 18.22.020
Allowed Land Uses
Commercial Zones
Land Use Zone Specific Use
CA CS Regulations
Auto towing dispatch (accessory to service station) P
Alcohol, sales for off-site consumption (accessory to retail sales)
C Section

18.30.050
Alcohol, sales for on-site consumption (accessory to eating place)
C Section

18.30.050
Car wash, automatic and full service P
Car wash, manual C
Civic, fraternal, community, and cultural facilities C
Commercial recreation, indoor C
Commercial recreation, outdoor C
Convenience store (accessory to service station) M Section

18.30.190
Eating place, dine-in (accessory) P
Eating place, dine-in P
Eating place, drive-thru/take-out C

Games of skill or amusement, maximum of four machines
(accessory)
P
Gasoline service station C Section

18.30.190
Goods and services, retail P
New automobile and truck sales, leasing, and rentals P
Offices P
Off-street parking and loading facilities (accessory) P Open space reserves P
Parking garage P
Pawn shops C Section

18.30.330
Payday lenders C Section

18.30.320
Public assembly C
Public safety facilities P
Research and development P
Recycling facility, small (accessory) P Section

18.30.170
Recycling facility, mobile C Section

18.30.170
Renewable energy infrastructure (accessory) P Section

18.30.210/

18.30.300;
CBC
Sale of vehicle parts and accessories when provided by new vehicle dealership on contiguous property
P
Sale or rental of campers, camper trailers, vacation trailers, self-propelled mobile homes, boats, and other sporting and pleasure equipment which is substantial in size. This activity must be incidental to the principal activity of the automobile and/or truck dealership
P
Service and repair of trucks and automobiles when provided by new vehicle dealer on contiguous property
P
Storage building (accessory) P
Tattoo parlors and body piercing establishments C Section

18.30.310
Telecommunications facilities C Section

18.30.220
Used auto and truck sales when part of a new vehicle
dealership and located on contiguous land
P
Utility facilities, minor P
Utility facilities, major C
Vehicle body and paint shop C Section

18.30.060
Vehicle, outdoor storage (a) C Section

18.30.160
Vehicle parts and accessories sales P
Vehicle, repair or service (minimum 7,500 square foot lot) P

Vending machines (accessory) P Section

18.30.150(E)
Warehouse and distribution facility P
Wrecked vehicle storage, maximum 60 days (accessory) P
P Permitted
C Conditional use permit
M Minor use permit
— Not permitted
(Ord. No. 2012-2372, Exh. B-1, 2-7-2012)

18.22.030 Accessory uses.

A. Commercial Uses in Hotels and Motels. Accessory uses and services incidental to the principal use may be permitted; and accessory businesses intended for the convenience or necessity of the guests of the principal use, including bars, cafes, restaurants, lunchrooms, coffee shops, gift shops, florists, barbershops, beauty shops, news and tobacco shops, travel and car rental agencies, business centers, valet service (agency for laundering, cleaning, and pressing of clothing), letting of space for professional offices, operated in conjunction with the uses permitted in this section and not as a separate enterprise, and located on the same premises may be permitted, provided there shall be no entrance to such accessory uses except from the lobby or the interior of a principal building or buildings or patio.

B. Storage Buildings and Garages. Storage buildings and garages incidental to principal uses on the same premises are permitted.

C. Sale of Gasoline. The sale of gasoline may be permitted as an accessory use in any zone where gasoline service stations are permitted, subject to the issuance of a conditional use permit.

D. Auctions. Auctions, in conjunction with used furniture or antique sales, may be permitted subject to the issuance of a conditional use permit.

E. Games of Skill or Amusement.

1. In the commercial and mixed-use zones, games of skill or amusement, as an incidental or accessory use, shall be limited to four machines per establishment, two of which may be multiple-player machines.

2. Bowling alleys shall be limited to thirty games of skill or amusement as an incidental use. All such machines shall be located in the main concourse of the facility within the line-of-sight of a supervising adult employed by the business proprietor, whom shall be continuously present at all times that machines are being used.

3. The use of games of skill or amusement as an incidental or accessory use may be permitted within an existing establishment only if a conditional use permit is granted.

4. Limitations on location of games of skill and amusement. a. No games of skill and amusement accessible for use by minors shall be maintained, operated, conducted or used, nor kept for such purposes, in or on the premises of any establishment whose primary business is the sale of alcoholic beverages. This shall not prohibit the operation of amusement machines in a bona fide establishment with an on-sale liquor license or restaurants which are not licensed to sell alcoholic beverages.