National City City Council
September 5, 2023

Westside Specific Plan
Chapter 1 - Introduction
March 2010
6 Central Vision:

Reestablish the Westside as a safe, healthy, and vibrant neighborhood where people engage in community life.

Guiding principles:

1. Respect and encourage single-family homes and small residential development.

2. Improve environmental health conditions for residents in the area.

3. Limit uses adjacent to Paradise Creek to restoration, passive recreation, and open space.

4. Enhance pedestrian safety and promote the walkability of the community.

The vision and guiding principles together serve as the framework for the development goals, programs, and standards established in this Specific Plan. Achieving this vision involves returning residential-turned-industrial properties to homes. The addition of markets, schools, churches, and open spaces will enrich the neighborhood. Paradise Creek, through habitat restoration, the educational park, and compatible land uses on adjacent properties, will become an important source of neighborhood pride and enjoyment.

While this vision accommodates phasing out businesses that currently conflict with and disrupt residents’ daily living, compatible commercial, office, and retail activities will be allowed on the perimeter of the residential core, including strategic areas adjacent to I-5, Mile of Cars Way, and National City Boulevard. In addition, small neighborhood-oriented markets will be allowed in the residential core. A successful neighborhood also relies on a safe and efficient pedestrian environment where people enjoy walking from their homes to community activity centers, schools, shopping, parks, and transit.

Implementation strategies specific to the conservation and educational opportunities of Paradise Creek Educational Park include the following:

1. Support continued enhancement and restoration of Paradise Creek within the Specific Plan Area in recognition of its environmental and aesthetic values.

2. Maintain buffers around the creek within the Specific Plan Area to protect water quality and natural habitat for wildlife.

3. Explore opportunities for expanding visitor and interpretive uses along the creek.

4. Design new development to incorporate measures that will reduce runoff pollutants draining into the creek.

5. Improve the pedestrian and bicycle connection along Paradise Creek.

6. Create additional neighborhood park space for more active recreational uses.

Westside Specific Plan
Chapter 1 - Introduction
March 2010
7 7. Expanding the Paradise Creek Educational Park north to W. 18th Street and south to W. 22nd Street within the Specific Plan Area and include habitat restoration and extend the pedestrian trail.

8. If redevelopment occurs on properties traversed or abutted by the northern channelized segment of Paradise Creek, consider restoring the creek to natural habitat consistent with downstream portions within the Paradise Creek Educational Park.

1.2 Planning Process
A series of well-attended community workshops served as the forum for exploring issues and building consensus on a planning framework. Four workshops and three City Council meetings, which included Spanish translated materials and live Spanish/English interpretation, were conducted.
 Workshop #1, February 16, 2005:

The purpose of the workshop was to allow an opportunity for the participants to identify concerns and recognize opportunities.
 Workshop #2, August 31, 2005:

The participants reviewed suggested Guiding Principles, offered input on ideas and plan components. Alternatives for several different land use plans were explored.

Participants provided feedback on alternatives for Paradise Creek, residential development densities, land use plans, and desirable types of commercial land uses (See Appendix A)
 Workshop #3, March 29, 2006:

The participants reviewed the revised Guiding Principles plus provided input on preferred building heights. The Environmental Health Coalition presented ideas for neighborhood revitalization.
 Workshop #4, September 20, 2006:

The participants provided feedback on the draft land use concept map.  Council Workshop, November 20, 2007:

The City Council provided staff with direction on changes to the draft land use concept map.
 Council Update, March 4, 2008:

Staff provided an update to Council on the status of preparing the Environmental Impact Report (EIR) for the Specific Plan. Council provided staff with direction on modification to the map boundaries, height limits, and transportation oriented development concepts.

Westside Specific Plan
Chapter 1 - Introduction
March 2010
8  Council Update, March 18, 2008:

Council provided additional clarification on the map boundary changes and land use direction of March 4, 2008.
 Environmental Impact Report, Notice of Preparation (NOP) , July 30, 2008:

Presentation by the consultant team preparing the Environmental Impact Report Over the course of the preparation of the Specific Plan, a number of reports and efforts were undertaken including the following:
 Market Analysis for the Westside Study Area (December 17, 2004), Socioeconomic Analysis for Westside Study Area (December 20, 2004), and Projections of Market Demand for Land Uses in the Westside Study Area (May 11, 2005)  Draft Limited Site Reconnaissance and Regulatory Records Database Review for Hazardous Materials (October 18, 2004)
 Draft Existing Conditions Analysis (summarized in Chapter 2, Opportunities and Constraints).
 Transportation Oriented Design Study conducted by the Technical Advisory Committee of Urban Land Institute (completed June 2008)

1.3 Purpose and Intent
The Westside Specific Plan has been prepared to address future development and redevelopment patterns in the Project Area and to set forth amortization guidelines for incompatible uses. Under the Sections 65450 through 65457 of the California Government Code and the State General Plan Guidelines, a specific plan may be used to implement a general plan and its policies/programs. Specific plans must be consistent with the applicable elements of the jurisdiction’s general plan. Specific plans may be used to develop policies, programs and regulations to implement the General Plan.

California Government Code Section 65451(a) defines the following requirements of a specific plan:

1. The distribution, location, and extent of the uses of land, including open space within the area covered by the plan.

2. The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan.

3. Standards and criteria by which development will proceed, and standards for conservation, development, and utilization of natural resources, where applicable.

4. A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out paragraphs (1), (2), and (3).

Westside Specific Plan
Chapter 1 - Introduction
March 2010
9 Pursuant to Section 65451(b), a specific plan shall include a statement of the relationship of the specific plan to the general plan.

1.4 Applicable Plans and Policies
The Specific Plan interfaces with twothree City documents that direct and regulate land use and development: the General Plan and, Land Use Code, and Redevelopment Plan for the National City Redevelopment Project. The Downtown Specific Plan (DSP) is also related; while not directly applicable to lands within the Westside Specific Plan Area, the DSP establishes the development vision and urban form for the adjacent downtown area.

1.4.1 General Plan
The General Plan, most recently updated in 19962023, establishes a citywide “blueprint” for future growth and development. The General Plan sets forth land use designations and policies in the areas of urban development, housing, economic development, and public services and facilities with relevancy for future development in the Westside. The land use designation for the Westside depicted on the Combined General Plan/Zoning Map is primarilyis primarily Light Manufacturing-Residential. Kimball School, Paradise Creek, and the Public Works Yard are designated as Civic Institutional – Open Space.

The area south of Mile of Cars Way is Light Manufacturing – Planned Development. The existing development reflects single-family and multi-family residences and industrial and office uses for the area south of W. 24th Street.

The following General Plan policies and implementation actions have implications for future land use, public improvements, and development in the Westside neighborhood, helping to establish the framework for this Specific Plan.

Overall Urban Framework (Chapter II)
 Encourage the preparation and implementation of specific plans to guide development in areas that have particular importance due to their location, characteristics, or potential for new development. Examples of such places include:

The block in the MLR zone between 18th and 19th Streets, east of Harding and west of Wilson Avenues, required by adopted ordinance for commercial or industrial building. (St. Anthony’s Church site) (Implementation Action 4, pp. 14).  The City should encourage and participate in efforts to remove or relocate uses that are incompatible with surrounding properties (Implementation Action 8, pp. 15).

Natural Setting (Chapter III)
 Wetlands and natural environmental habitat will continue to be protected from development. (pp 19)
Housing (Chapter IV)
 To promote a higher rate of homeownership, the infilling of vacant lots with singlefamily homes will be encouraged (Production Policy X, pp. 26).

Westside Specific Plan
Chapter 1 - Introduction
March 2010
10  Continue to evaluate residential neighborhoods for preservation or need for change. (Other Implementation Action 16, pp. 34).
 Continue to evaluate older commercial and industrial uses for the possibility of replacement with housing (Other Implementation Action 17, pp 34).

Economic Development (Chapter V)
 Consider further controls on manufacturing uses in the Westside neighborhood, such as additional standards or restrictions on where new businesses should be located (Implementation Action 21, pp 41).
 Consider program actions to relocate existing businesses from areas where they may be determined incompatible with existing residential use (Implementation Action 22, pp 41).

Public Services and Facilities (Chapter VI)
 Efforts for restoration of Paradise Creek (particularly in the area southwest of Kimball School) shall be encouraged (Recreation Policy J, pp 44).  The City will identify and implement necessary and desired pedestrian improvements with a special emphasis on providing safe access for schools, parks, shopping districts, and other appropriate facilities (Transportation and Circulation Policy R, pp 44).
 The presence of hazardous materials in National City will be monitored to protect the health and safety of City residents. (Public Safety Goal BB, pp 45)  Encourage efforts to obtain grants for park and recreation proposals, including Paradise Creek restoration. (Recreation Implementation 15, pp 50)  Encourage pedestrian-oriented design. (Recreation Implementation 35, pp 52)  Update the comprehensive drainage study completed for the City and monitor the need for drainage improvements, including consideration of the following: (1) Correction of flooding near National City Boulevard and 18th Street; and (2) Correction of flooding near 24th Street and I-5 (Other Services and Facilities Implementation Action 63, pp 55).

Housing Element (Adopted August 2021December 2007)
 Encourage the development of a diverse housing stock that can meet the needs of National City residents of all ages, abilities, and incomes. (Goal 1, p. 113)  Encourage and facilitate the construction of new housing consistent with the City’s RHNA allocation. (Goal 2, p. 113)
 Conserve the affordability of the existing housing stock and pursue strategies to address displacement. (Goal 3, p. 114)
 Enhance the quality of National City’s existing neighborhoods. (Goal 4, p. 114)  Promote and implement fair housing practices and equal access to housing opportunities for all income levels. (Goal 5, p. 114)

Westside Specific Plan
Chapter 1 - Introduction
March 2010
11  Support programs for housing vulnerable and special needs populations. (Goal 6, p. 114)  Promote an economically viable, environmentally conscious, and socially equitable land use and development pattern. (Goal 7, p. 115)
 Encourage the development of residential units in National City’s mixed-use corridors and districts. (Program 22, p. 125)
 Encourage the development of lower- and moderate-income units, especially on sites identified in the site inventory. Prioritize capital improvements in these areas. (Program 23, p. 126)
Maintain and enhan`ce the quality of existing residential neighborhoods in National City (Housing Goal 1, pp 6-2).
 Explore and encourage opportunities for fulfilling some of National City’s affordable housing goals in the Westside (Old Town) Specific Plan Area (Policy 4.15, pp. 6-4).  Study the Land Use Code and existing land uses in the City to determine which neighborhoods would be appropriate for flexible development standards (parking, height, set-back, and yard requirements, etc.) (Housing Program 14, pp 6-13).

Westside Specific Plan
Chapter 1 - Introduction
March 2010
12  The City will continue to explore opportunities within the Downtown and Westside (Old Town) Specific Plans for achieving affordable housing goals within the 2005- 2010 planning cycle (Housing Program 18, pp. 6-14).

1.4.2 Land Use Code
The Land Use Code (LUC), Title 18 of the Municipal Code sets forth the specific use and development regulations for properties throughout the city. The provisions of the Land Use Code apply to the Specific Plan Area and supplement the regulations stated in the Specific Plan. In such cases where the Westside Specific Plan standards and LUC standards conflict, the Specific Plan standards apply per Section 18.10.100. In the Specific Plan, the most notable customized regulations for the Westside are the creation of new Residential (RS-4), Mixed Residential Commercial, and Mixed Office Commercial (MCR-1 and MCR-2) zones and an expanded Limited Commercial (CL) zone to implement the community vision. Design standards and guidelines are established for these new zones (Chapter 3).

1.4.3 Redevelopment Plan
The Westside neighborhood falls within the boundaries of the 1995 Redevelopment Plan and is therefore subject to the overall Plan. Of the adopted redevelopment goals (See pp 4-5), the following are most relevant to Westside:
 Eliminate and prevent the spread of blight including: underutilized properties and deteriorating buildings, incompatible and uneconomic land uses, deficient infrastructure and facilities, obsolete structures, and other economic deficiencies in order to create a more favorable environment for commercial, office, industrial, residential, and recreational development.
 Expand the commercial base of the Project Area.
 Improve public facilities and infrastructure.
 Recycle and/or develop underutilized parcels to accommodate higher and better economic uses while enhancing the City’s financial resources.  Implement design and use standards to ensure high aesthetic and environmental quality, and provide unity and integrity to developments within the Project Area.  Promote rehabilitation of existing housing stock.
 Increase, improve, and preserve the community’s supply of housing affordable to very low, low, and moderate income households.

The goals support the overall intent of the Westside plan. Regulation of land use within the Redevelopment Project area is subject to the General Plan and LUC.

Westside Specific Plan
Chapter 1 - Introduction
March 2010
13 1.4.41.4.3 Downtown Specific Plan
The Downtown Specific Plan (February 20172005) calls for reinforcing downtown as the heart of the City. The central theme of the revitalization effort is to create a momentum of new development that will generate a mix of office, retail, entertainment, educational, and high-density residential uses. Significant new activity is planned around National City Boulevard and 8th Street, envisioned as downtown’s “grand boulevards.” Civic life – anchored by Kimball Park, the Education Village, Brick Row, and the new City Library – plays an important role in downtown’s future. Buildout of 4,1009,448 residential units are recognized in the Specific Plan. From 2013 to 2021, 239 housing units were approved in the Downtown Specific Plan area. As of the drafting of this Westside Specific Plan, another 969 housing units are entitled or pending entitlement. As of 2009, 1,339 units were approved including 307 units complete (170 unit condo conversion and two newly constructed condominium units totaling 137 units). Overall, these proposed projects range in height from 5 stories to over 2022 stories and when completed will create a strong skyline for National City. This intense development will border the eastern and northern edges of Westside from 16th Street to Civic Center Drive.

1.5 Relationship to the California Environmental Quality Act An Environmental Impact Report (EIR) pursuant to CEQA provides an analysis of the potential impacts of this Specific Plan and recommends appropriate mitigation measures as policies and features of the plan.

The Westside Specific Plan assesses the implications of an assumed program of residential, commercial, office, and mixed use development. When specific development proposals are submitted to the City for property within the Specific Plan area, the City will determine whether or not the environmental effects of the proposed project are addressed in the Project EIR. If the City finds that the proposed project would not result in any additional environmental impacts that were considered in the EIR, no new environmental analysis would be required.

1.6 Plan Organization
This Specific Plan consists of seven chapters addressing the following:

Chapter 1 Introduction:

Chapter 1 explains the overall purpose of Specific Plan, documents the history and planning process, states the Vision and Guiding Principles, describes its relationship to other City development policy and regulatory documents, and identifies the Specific Plan organization.

Chapter 2 Opportunities and Constraints:

Chapter 2 gives a “snap shot” of the neighborhood planning context, including history, land use, circulation, economic, and environmental conditions, in addition to opportunities for improvements and development, based on research and analysis conducted for the Specific Plan.

Westside Specific Plan
Chapter 1 - Introduction
March 2010
14 Chapter 3 Land Use:

Chapter 3 provides for the development framework of the Westside community, including location and types of land uses, zoning districts, and strategy for addressing incompatible businesses.

Chapter 4 - Design Guidelines and Standards
Chapter 4 sets development standards and design guidelines to ensure attainment of neighborhood design goals and objectives as development proceeds.

Chapter 5 - Circulation and Parking:

Chapter 5 defines the “Community Corridors”, focused roadway and pedestrian improvements, addresses neighborhood circulation and traffic safety correlated with neighborhood centers, parks, and transit. Parking supply – both on- and off-street –is also addressed.

Chapter 6 Infrastructure and Public Services:

Chapter 6 addresses the provision of municipal water, wastewater, and stormwater systems plus addresses availability of public services.

Chapter 7 - Implementation:

Chapter 7 details the steps necessary for implementation of the Specific Plan.

Westside Specific Plan
Chapter 2 – Opportunities and Constraints
March 2010
15 Chapter 2 Opportunities and Constraints
Preparation of the Westside Specific Plan involved extensive research cataloging existing land uses, characterizing each parcel, and evaluating the probability of hazardous materials use. Theise existing conditions analysis provides a basis for understanding constraints and creating opportunities for future development while maintaining community identity.

2.1 Location
The Westside Specific Plan Area is comprised of approximately 100 acres and roughly 460 parcels. The project area is bordered by W. Plaza Boulevard to the north, Interstate 5 to the west, W. 24th Street/Mile of Cars Way to the south, and Roosevelt Avenue to the east, as shown in Figure 2.1. Its central location, adjacent to downtown National City, places it within a ¼ mile of Kimball Park, the Civic Center, and the new public library.

The San Diego trolley station at W. 24th Street, contained within the plan boundaries, offers trolley service to the U.S. Mexico border, 10 miles to the south and to the Santa Fe Depot in downtown San Diego, 5 miles to the north. San Diego Bay borders National City, just west of I-5. The industrial, maritime and naval facilities along the waterfront include some of the largest employers in National City, such as Naval Station San Diego, Dixieline Lumber, Pasha Services, and Knight & Carver Yacht Center. The new National City Marina and Pepper Park are adjacent to Sweetwater Channel, to the south.

2.2 History
The Kimball brothers purchased a 26,630 acre Mexican Land Grant in 1866 which was to become National City, the second oldest city in San Diego County, incorporating in 1887. In 1903, the Otay Railroad was constructed passing through downtown National City along National City Boulevard. Development of the area known as Old Town occurred around this period. Residential development – mostly homes on small lots – soon became occupied by the families of waterfront, farm and railroad workers. The district was complete with local markets and churches, and residents enjoyed proximity to downtown National City and the train depot, providing access and commerce links to the region.

The San Diego and Arizona Eastern railroad groundbreaking on September 7, 1907 opened the way for the development of areas bordering the railroad including the Westside. Development of the Westside consisted of primarily modest homes on small lots. A few markets, churches, and eventually Kimball School were established to support the community. In the 1920’s, National City was sold as the place “Where Rail and Water Meet” (National City, Kimball’s Dream by Leslie Trook, National City Chamber of Commerce, 1992).

Westside Specific Plan
Chapter 2 – Opportunities and Constraints
March 2010
16

Westside Specific Plan
Chapter 2 – Opportunities and Constraints
March 2010
17 Growth continued to occur during World War I due to the area’s proximity to the bayfront and downtown San Diego. In the 1960s, acting on the belief that the Westside was ripe with potential as a new industrial district, City leaders established zoning allowing for light manufacturing. Comprehensive redevelopment with industrial uses was never realized, in part due to the challenges of assembling small parcels. As a result, a mix of smallerscale uses, such as auto repair, paint and body shops, steel fabrication, plating, and warehouses, became intermixed with residences. With the 1996 General Plan revisions, the area was rezoned to light manufacturing – residential (MLR).

2.3 Existing Land Use
Today, the Westside continues to function as a mixed residential–industrial community.

With a 2004 population estimate of 1,457 residents with 421 single and multi-family households, the neighborhood remains active. Kimball School, St. Anthony’s Church, and Manuel Portillo Youth Center (formerly Casa de Salud) contribute to the strong community ties felt by many residents. While the vast majority of the neighborhood is developed, there are a variety of underutilized parcels plus a few vacant parcels dispersed throughout the neighborhood.

Today, auto services, light manufacturing, and warehouses are interspersed throughout the community on small parcels averaging 5,700 square feet (Figure 2.2). Substantially larger lots with office, commercial, and industrial uses dominate south of Paradise Creek The negative effects of the more intense uses – overflow parking, car and truck traffic, noise, and public safety concerns related to hazardous materials storage and use – have resulted in concern that many of these uses are not compatible with a residential neighborhood. The proximity of hazardous materials near residences and Kimball School increases the risk of catastrophic accidents. The pubic concerns related to hazardous material exposure and potential risk to human health, as well as traffic, parking, noise, and air quality concerns has accelerated the preparation of the Specific Plan.

As reflected in Table 2.1, land designated for commercial and industrial uses account for approximately 49% percent of the total Specific Plan Area while residential uses equate to 25% of the plan area and there is only 7% vacant land.

Westside Specific Plan
Chapter 2 – Opportunities and Constraints
March 2010
18

Westside Specific Plan
Chapter 2 – Opportunities and Constraints
March 2010
19 Table 2.1
Acreage by Existing Land Uses
Current Use
Land Use Type Acres Percent Residential
(du)
Residential 25.0 25.0 329
Commercial 3.0 3.0 11
Commercial Auto Related 6.0 6.0 1
Office 9.0 9.0 4
Industrial 24.0 24.0 39
Industrial Auto Related 7.00 7.0 23
Civic Institutional 14.0 14.0 1
Open Space Reserve (OSR) 5.0 5.0 0
Undeveloped / Vacant 7.0 7.0 13
Total 100.0 100% 421
Du – dwelling units
In spite of the industrial presence, the neighborhood still retains a central community focus. Both Kimball School and St. Anthony’s Church continue to provide services for community interaction in the heart of the neighborhood. Paradise Creek, extending through the Westside, is a remnant tidal channel associated with San Diego Bay that runs diagonally through the southern portion of the Plan area. The traditional street grid system allows for convenient walking within the neighborhood and to nearby destinations such as downtown and Kimball Park. The 24th Street Trolley Station in the southern portion of plan area, offers rail service to San Diego, Mexico, and east San Diego County. These features serve to enhance the community.

Westside Specific Plan
Chapter 2 – Opportunities and Constraints
March 2010
20 2.4 Circulation
Westside is immediately adjacent to I-5 and in close proximity to I-15 to the north and SR-54 to the south. Connections to I-5 on and off-ramps at W. 24th Street/Mile of Cars Way and Civic Center Drive, and off-ramps at Plaza Boulevard and West 8th Street, provide convenient regional access for drivers.

The San Diego Trolley has two stations in National City, one at 24th Street within the plan boundary and the other at 8th Street, just to the northwest. Two major roadways, National City Boulevard, and 24th Street/Mile of Cars Way extend both north-south and east-west along the project boundary. Three underpasses directly connect the plan area to the waterfront area.

Plaza Boulevard, Civic Center Drive, Wilson Avenue, Hoover Avenue, and West 18th Street are the most frequently used roadways within the neighborhood.

Table 2.2
Roadway Classifications
Classification and Definition Roadway
Arterial
Major roadways providing east west circulation,
access to major destination points, typically
four driving lanes, often with synchronized
signals to help traffic flow.

Mile of Cars Way/
West 24th Street
National City Boulevard
Collector
Roadways directing traffic in/out of
neighborhoods or business districts usually
onto arterials but sometimes to other collectors.

Serve as alternate routes to arterials (two to
four driving lanes).

Plaza Boulevard
Civic Center Drive
West 18th Street
Wilson Avenue
Hoover Avenue
NeighborhoodLocal
Low-capacity, low-speed roadways providing
access to individual properties within
neighborhoods, usually two driving lanes.

All Other Roadways
Source: National City General Plan, 1996

Westside Specific Plan
Chapter 2 – Opportunities and Constraints
March 2010
21 Several north-south alleys stretch between the blocks, but many are not continuous block to block. The most consistent alley system is located mid-block between Wilson and Harding Avenues, from Civic Center Drive to W. 18th Street.

As shown in Figure 2.3, operations at many intersections within the Specific Plan Area are managed using stop signs and yield signs. Traffic flows reasonably well through the street system and there appear to be no significant points of congestion with the possible exception of Kimball School during morning drop-off and afternoon pick-up.

Further discussion of the Circulation network is contained in Chapter 5 Circulation and Parking Management.

2.4.1 Transit
Convenient transit via the San Diego Trolley and San Diego Metropolitan Transit System (SDMTS) bus service provides Westside residents, visitors, and employees with excellent options. The 24th Street Trolley Station is located in the southern portion of the neighborhood and bus stops are distributed at key intersections (Figure 2.3). A second trolley station lies two blocks north of the neighborhood at W. 8th Street and Harbor Drive, on the opposite side of I-5. While it is within reasonable walking distance of the northern portion of the Westside, traffic speeds of vehicles exiting the freeway discourage some pedestrians from walking to the transit station at W. 8th Street.

Bus service throughout National City is offered by SDMTS with service to downtown San Diego to the north and Chula Vista and the border crossing at Tijuana, Mexico, to the south. Direct bus service to the trolley station is offered along W. 18th Street. Many buses are equipped to handle bicycle transportation as well. Further discussion of transit availability is contained in Chapter 5, Circulation and Parking Management.

2.4.2 Pedestrian and Bicycling
A traditional grid system provides opportunities for walking and bicycling. It is just a short walk to Kimball School, Manuel Portillo Youth Center, Paradise Creek Educational Park, and the 24th Street Trolley Station, Rroughly a ¼ mile or a five -minute walk; residents are able to walk to the City Hall, City Library, Kimball Park, the Martin Luther Kin Community Center, Southwestern Community College, and downtown.

The City is in the process of preparingupdating aits Bicyclekeway Master Plan, which establishes a network of bike routes linking to regional cycling systems and destinations. Some of these facilities cross the Westside neighborhood (see Figure 2- 2). Bicycle lanes (Class II) are proposedcan be found along W. 18th Street, and Wilson Avenue, Coolidge Avenue, Hoover Avenue, and Civic Center Drive.

Additionally, W. 24th Street. Bicycle Routes (Class III) are found proposed along Plaza Boulevard and Mile of Cars Way.Civic Center Drive and Roosevelt from W. 8th Street to W. 18th Street.

WalkSanDiego, conducted a walk audit inon August 20, 2005. WalkSanDiego is a nonprofit organization dedicated to enhancing the livability of communities by making walking a safe and viable choice for people of all abilities. Westside residents identified ideas and priorities for improving the neighborhood pedestrian environment during this workshop. The walk audit revealed that there was interest in walking to transit, school,

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Chapter 2 – Opportunities and Constraints
March 2010
22 church, and shopping however, due to the condition of the sidewalks and the lack landscaping to

Westside Specific Plan
Chapter 2 – Opportunities and Constraints
March 2010
23 improve the walking experience, the desire to walk was lessened. Further discussion of the pedestrian and biking opportunities is contained in Chapter 5, Circulation and Parking Management.

2.5 Open Space and Recreation
The Specific Plan identifies opportunities for passive and active open around the area of Paradise Creek and Kimball School. A multi-family development is being planned for the areas both east and west of the creek and within the Public Works Yard. As these plans progress, pathways, active and passive recreation will be incorporated in the plan (Chapter 3, Transit Oriented Development).

As redevelopment progresses in the Plan Area, additional open space areas may be created such as small pocket parks or by combining open space requirements for more than one development in order to gain larger recreation areas.

Kimball School, on the south side of W. 18th Street, provides active sports activities for its elementary students. Active recreational and organized sport activities are also offered at Kimball Park, just across National City Boulevard to the east, between E. 12th Street and E. 16th Street. Contained within Kimball Park are playing fields, a playground, a skate park, and a community center. Completed in 2004, a City Library was constructed along the southwest corner of the Park. The old library, adjacent to the Martin Luther King Community Center, is being refurbished as a culture and arts center.

2.6 Paradise Creek
Paradise Creek is recognized as a valuable wetland resource by the City and is proposed to be preserved within an open space easement for its entire length in the plan area. The watercourse flows northeast to southwest in the eastern portion of the Westside (see Figure 2.3) providing drainage for a 1,190-acre watershed into the Paradise Marsh, then the Sweetwater River and ultimately San Diego Bay.

The creek serves as a valuable resource from water quality, wildlife habitat, and aesthetic perspectives. Over time the stream has degraded due to polluted runoff, sedimentation, trash, and invasive, nonnative species. Nevertheless, the creek corridor supports functioning southern coastal marsh habitat in bands ranging from 6 to 20 feet on either side of the open water stream. Healthy stands of cordgrass, pickleweed, and other wetland plants grow in and along the water’s edge. A variety of bird species including the great blue heron, common egret, black phoebe, and willet, are prevalent within the creek corridor. The creek is also an important “filter” for pollutants that enter the watercourse from upstream commercial and industrial uses.

Paradise Creek is recognized by the State Water Resources Control Board (SWRCB) as an Environmental Sensitive Area (ESA). ESAs are areas in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and development. The SWRCB designates ESAs as a development category to be subject to the Standard Urban Stormwater Mitigation Plan (SUSMP) and stipulates threshold development size and/or alteration criteria that will trigger the requirements.

Westside Specific Plan
Chapter 2 – Opportunities and Constraints
March 2010
24 The threshold criteria are either the creation of 2,500 square feet of impervious surface or increasing the imperviousness of a proposed project site by 10 percent above its natural condition. Development projects subject to SUSMP requirements must consider alternative site design approaches and institute source controls (i.e., methods to keep pollutants out of contact with stormwater), structural treatment devices, or stormwater best management practices.

A wetland delineation was conducted previously for a
portion of Paradise Creek that was affected by the
Paradise Creek Educational Park (Tierra
Environmental Services, 2000). That delineation
concluded that, despite its disturbed, linear nature and location within an urbanized setting, Paradise Creek is a regional wetland resource of moderate to high
ecological value.

2.6.1 Educational Park
Kimball School teachers and Westside residents took
notice of both Paradise Creek’s environmental value
and the deteriorating state of its ecosystem. This led
to the grass-roots effort to create the Paradise Creek
Educational Park, which encompasses approximately 4
acres. After nearly a decade of research, planning,
grant acquisitions, and cleanup, the park officially
opened in spring 2007. The park includes:
 1,500 linear feet of restored Paradise Creek and
upland habitat (southern coastal marsh)
 Interpretive trail system including elevated boardwalks over wetland areas  Outdoor learning lab and amphitheatre adjacent to Kimball School Closely aligned with the park is the community-based nonprofit Paradise Creek Educational Park, Inc. (PCEPI). The PCEPI was formed in 1999 to provide educational opportunities for students, residents, and visitors. PCEPI interpretive programs have included bird watching, bike trips, scientific study, and environmental education, particularly in conjunction with Kimball School.

The City will continue to collaborate with community members and resource agencies to explore opportunities for expanding the Paradise Creek Educational Park. Priority will be given to expanding restoration efforts and extending the trail system in the creek corridor within the Specific Plan Area. While priority should be given to the unchanneled creek corridor from approximately W. 18th Street south to W. 22nd Street, “daylighting” the channelized portion north of W. 18th Street could be considered in the future by removing the concrete channel and recreating a natural streambed.

Success of the Paradise Creek Educational Park and potential restoration of the remaining creek corridor in part relies on increasing compatible uses on the adjacent banks. In past years, the community has had concerns about industrial uses releasing

Westside Specific Plan
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March 2010
25 hazardous materials that potentially contaminate runoff draining into Paradise Creek.

Reducing industrial uses around the creek and park area will help contribute to the success of restoration efforts.

2.7 Historic Resources
Westside is one of the oldest neighborhoods in National City. Of the 329 residential structures over 164 were constructed between 1909 and 1962. A number of additional structures were constructed prior to 1909, but no records exist for those units. Several of these historic structures include three churches, the First Christian Spiritualist Church located at 1206 Coolidge Avenue, St. Anthony’s of Padua Church at 1816 Harding Street, and the Roman Catholic Church at 410 W. 18th Street.

Many of the structures have been compromised by additions and alterations not consistent with its architectural style and by overall deterioration. A historic structure may be considered historically or culturally significant if it meets the criteria for listing on the California Register of Historical Resources (Pub. Res. Code Section 5024.1, Title 14 CCR, Section 4852). This criteria includes a determination that the resource:

1. Is associated with events that have made a significant contribution to the broad patterns of California history, and cultural heritage;

2. Is associated with the lives of persons important in our past;

3. Embodies the distinctive characteristics of a type, period, region or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or

4. Has yielded, or may be likely to yield, information important in prehistory or history.

The City has protected many historic structures throughout the city by identifying them on a historic sites list. Listing on the historic sites list requires Council approval and demolition of any resource on the list would require Council approval as well. To date, no properties in Westside have been designated for listing on the historic sites list. Further evaluation to determine the historic significance of the structures over 50 years old may be warranted.

2.8 Hazardous Materials Assessment and Emission
Many of the industrial businesses, such as auto body and paint, auto service, metal shops, construction, and manufacturing operations use and store hazardous materials.

A comprehensive Hazardous Materials Assessment for the neighborhood was prepared by Environmental Business Solutions. The assessment focused on businesses reported to have hazardous materials and petroleum products in significant concentrations, or where there was the potential for exposure and risk due to contaminant migration (e.g., soil vapor inhalation or groundwater ingestion). This assessment did not address nuisance issues related to industrial uses, which are also an important consideration in planning the future land use mix in Westside.

The Hazardous Materials Assessment involved a regulatory records database review and limited site reconnaissance. Observations of possible use and storage conditions of hazardous materials were made for those businesses reported to use and store

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26 hazardous materials and/or petroleum products, generate hazardous waste, and/or have aboveground or underground storage tanks. The records search indicated various reports of handling and disposal violations.

Due to access constraints (access agreements with the site owners are not practicable for a planning area of this size and the hazardous materials consultant did not have access to site buildings and improvements), the site reconnaissance was limited in nature and not conducted in accordance with the American Society for Testing and Materials standard. Despite these constraints, each facility observed was given a category number based on the general observations made during the reconnaissance.

These categories are summarized in Table 2.3.

The Hazardous Materials Assessment should only be considered a general characterization of hazardous materials issues within Westside since there was limited access. Comprehensive conclusions regarding the safety and hazards on individual properties is not available at this level of study. Additional site-specific hazardous materials investigations will be necessary to determine the appropriate management and cleanup steps for individual properties. In addition, because the use and management of hazardous materials are unique to individual businesses, it is not possible to categorize one type of use as being a more prominent hazardous materials emitter or to draw specific conclusions about which specific land use types are most problematic.

However, due to the number of businesses that store, accumulate, transport, or dispose of hazardous materials, there is a cumulative impact on the community, which is problematic in itself.

2.8.1 Hazardous Materials Regulations
When there is potential for hazardous materials contamination, based on historic and existing land use activity, adjacent land use activity, and information contained in the Hazardous Materials Assessment form (Appendix C) Phase I Environmental Site Assessments (ESAs) must be conducted. These site assessments require permits and inspections from the County of San Diego’s Dept. of Environmental Health (DEH) and the Regional Water Quality Control Board (RWQCB).

If the Phase I ESA indicates that contamination is likely present on the property, then additional investigation and possibly remediation will be required by the City. In addition, if contamination is identified on a proposed project site, depending on the nature of the contamination, a health risk assessment may be required to assess whether workers and the general public will be protected from exposure to hazards. When the investigation and remediation activities are completed to the satisfaction of the DEH, they will issue a closure letter indicating that further investigation and remediation of the site is not required, based on current site conditions.

The Polanco Redevelopment Act, California Health and Safety Code Section 33459 et seq., in broad terms, provides the National City Redevelopment Agency with the authority to take "any action necessary" to remedy or remove a release of hazardous substances on, under, or from any property within an identified redevelopment area, such as Westside. Such action may include acquiring reports on environmental conditions at the property, issuing demands for cleanup and abatement, acquiring the property through use of eminent domain, and performing necessary remediation at the

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27 property (including the recovery of costs and fees associated with such remediation).

The Polanco Act also permits the Redevelopment Agency to contract with third parties to acquire and/or undertake cleanup of property. One of the primary benefits of the Polanco Act is that, upon completion of remediation under an approved remediation plan, the statute provides eligible parties with immunity from environmental liability for issues addressed in the cleanup plan. Parties eligible to receive such immunity include the Redevelopment Agency and any party that (1) enters into an agreement with a redevelopment agency for redevelopment of the property, (2) purchases the property after a party has entered a redevelopment agreement with a redevelopment agency, or (3) provides financing to either of the developers of the property.

An important indicator of the types of businesses that generate and use the largest amount of hazardous materials is the presence of businesses that have active Hazardous Materials Business Plans, as required by the County of San Diego (DEH).

Table 2.3
Observation Categories from Hazardous Materials Assessment Category Description
Likelihood of a
Recognized
Environmental
Condition1
1 Not sufficient information to assess the
likelihood of a recognized environmental
condition.

Inconclusive
2 Hazardous materials, wastes, or petroleum
products not observed.

Low
3 Use, storage, and/or generation of
hazardous materials/wastes and/or
petroleum products was observed and
features of concern were not observed.

Low to Moderate
4 Use, storage, and/or generation of
hazardous materials/wastes and/or
petroleum products was observed and
features of concern were observed.

Moderate
5 Facilities where groundwater monitoring
wells were observed.

Moderate to High
1 Recognized environmental conditions include the presence or likely presence of hazardous substances or petroleum products on a property that indicate an existing release, a past release, or a material threat of release of any hazardous substances or petroleum products into structures on the property or into the ground, groundwater, or surface water on the property.

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28 The majority of the Hazardous Materials Business Plans have been issued for the following types of businesses:
 Automotive body and repair shops
 Machine shops
 Welding and ironworks operations
 Fabrication Shops
 Laboratories
In addition, the San Diego Air Pollution Control District (SDAPCD) requires a permit to operate any business that may emit air contaminants from nonvehicular sources.

Hazardous air emissions, particularly emissions from automotive body and paint shops, have been cited by the community as the existing environmental condition that is most problematic from a health and safety perspective.

Based upon review of existing permits on file with the County and the SDAPCD and a general comparison with on-the-ground uses and conditions, it is very likely that there are businesses that may not be complying with existing hazardous materials permit regulations. For example, records of auto body and paint shops that currently have Hazardous Materials Business Plans on file with the County were compared to observed auto body and paint businesses. Through these observations, it was determined that several existing automotive repair, service, and detail shops are operating without a Hazardous Materials Business Plan. While it could be possible that some of these businesses do not use or store materials in quantities requiring a permit from the County, it is reasonable to conclude that some businesses are not complying with existing regulations. This suggests that greater enforcement of requirements for Hazardous Materials Business Plans could help alleviate some concerns about public health.

2.9 Market Demand Projections
An important consideration in planning the Westside’s future is the market support for privately initiated new development. Appendix B contains studies by Economic Research Associates documenting the market demand analysis and development projections prepared for the Specific Plan. Projections for new residential, industrial, office and retail development are summarized in Table 2.4.

In summary, the Westside is in a position to capture a share of subregional demand for multiple land uses because of it’s:
 Accessibility and visibility to I-5,
 Proximity to job concentrations in National City, western Chula Vista, downtown San Diego, and the waterfront, and
 Inherent neighborhood attributes.

New residential development perhaps has the strongest potential due to the regional housing shortage and the opportunity for multiple product types that are affordable to the

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29 market. Speculative, multi-tenant office potential is limited because of regional competition and the City’s positioning of downtown National City. However, certain sites in the study area, especially near the 24th Street Trolley Station, may be attractive to some institutional users. Potential demand exists for light industrial space for small businesses given the diminishing supply of this type of space in the region’s central areas, even though the consumer and business base is growing.

Table 2.4
Projected Potential Market Demand for New Development1
Potential Incremental
Market Demand Total
Land Use 2004-2010- 2010-2020- 2020-2030- 2004-2030-
Housing (units) 113 175 192 480
Industrial (sf) 95,756 130,718 156,383 382,857
Office (sf) 2,781 5,605 6,699 15,085
Total Retail (sf) 35,933 63,889 72,482 172,304
Community-serving
retail 11,562 20,435 23,147 55,144
General
merchandising 14,888 26,542 30,136 71,566
Building materials 9,482 16,912 19,199 45,593
1 Based on moderate demand scenarios.
sf = square feet
Source: Economic Research Associates, 2005
Infill residential and mixed-use development within the core blocks of the Specific Plan would tend to be smaller if the existing neighborhood scale, character, and traditional building stock are to be maintained. In these areas, development absorption over time would tend to fall at the lower end of the forecast ranges due to limited land availability and land costs.

2.10 Opportunities Summary
A summary of development and neighborhood improvement opportunities are identified below.

1. Downtown revitalization, specifically development of the Education Village, Park Village, and Marina Gateway Plaza just to the west of I-5 creates a catalyst for new development within and around downtown, including Westside. These developments and the further redevelopment of downtown such as the 61-unit Centro condominium project under construction across from City Hall will bring in

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30 local, service-oriented commercial and retail uses that can serve Westside, with increased quality and a variety of services.

2. Even with development in the downtown, some service commercial uses will be needed, such as a small grocery, restaurants/dining, a beauty salon and barbershop, within the Westside.

3. Adjacency to the 24th Street Trolley Station provides excellent transit-oriented development opportunities in the southern portion of the site.

4. The Westside contains economically “soft” properties, including significant vacant and underutilized properties, that provide transition and revitalization opportunities.

5. Relocation of the existing Public Works Yard, owned by the City of National City, on West 22nd Street. Its location within walking distance to the 24th Street Trolley Station makes it an excellent candidate for high-density affordable residential development with some mixed-used development with services for the affordable housing.

6. Westside is located within the City’s redevelopment boundaries, offering special financing mechanisms and redevelopment opportunities.

7. Viable opportunities for new housing to current and future residents at affordable prices should be explored.

8. The existing street grid system can be utilized to strengthen pedestrian connections and enhance street scenes with enhanced landscaping, light standards, and sidewalks.

9. Pedestrian connections should include a pedestrian or multi-purpose trail along Paradise Creek that can eventually connect to off-site portions of the creek, such as Kimball Park to the north and Sweetwater Marsh/Pepper Park to the south.

10. The creation of neighborhood “anchors” should be explored as centers of activity which build on existing community centers, such as St. Anthony’s of Padua and other churches, Paradise Creek Educational Park, Manuel Portillo Youth Center, and Kimball School.

11. Variation in topography along Paradise Creek can be utilized to make more interesting and better-connected places, and also to develop podium construction with 100 percent below-grade parking.

12. There is the opportunity to create smaller parks in the neighborhood that are easily accessed and convenient to the elderly and young populations.

13. Support healthy lifestyles among residents through increasing opportunities for regular physical activity by creating walking and biking opportunities.

14. Enhance the area around Paradise Creek by developing active and passive recreation uses and preserve habitat.

15. Encourage the development of parks and open space as part of new development to create a network of pedestrian walkways connecting to the transit station, churches,

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31 schools, and adult schools in order to meet the needs of the growing community for open space.

16. Provide adequate lighting for streets, parks, recreation facilities, sidewalks and bike paths to promote their use.

17. Promote access to healthy foods through opportunities such as farmers’ markets.

18. Replacing industrial uses with non polluting commercial and/or residential uses.

19. Close the extension of Hoover Road north of the creek adjacent to the east side of Kimball School to expand Paradise Creek Educational Park and/or install a playground.

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32 Chapter 3 Land Use

3.1 Introduction
This Chapter sets forth the types of land uses to be accommodated within the plan area and outlines a combination of strategies that will be used to help achieve the community’s goals. The current zoning for this area is Light Manufacturing/Residential which permits low intensity, industrial activities, along with office and single-family residences and Open Space Reserve which encompass Kimball School, the public works yard, unimproved roadways, Paradise Creek and Paradise Creek Educational Park.

As the area has a variety of transportation opportunities (trolley, transit and freeway access) within ¼ mile of the residences and businesses, the area is ideal for mixed-use development, as well as preservation of existing single-family residences and low-scale multi-family development. These areas offer both employment and residential opportunities such as a “transit-oriented development” or “smart growth development.” The Plan allows for the retention and preservation of existing single-family residences, the enhancement of uses considered appropriate for the neighborhood, and also provides specific land uses for future development. The land uses reflect the input and guidance offered by the community during public workshops, the Code Compliance Committee, as well as other comments received during development of the Specific Plan. This chapter sets forth the types, locations, and intensities of land uses permitted within the Westside. It outlines strategies that will be used to help achieve the community’s goals and vision for the Plan area.

In recognition of the benefits of commercial uses for creating jobs and supporting the City’s fiscal stability, substantial amounts of property in the Westside neighborhood are dedicated to commercial, office, and retail businesses. The Specific Plan strategically locates businesses in areas with the greatest market potential and access in addition to limiting impacts on residential life. Commercial and office development paralleling I-5 will benefit from freeway accessibility and visibility while also buffering the residential areas from freeway-generated pollutants and noise.

Redevelopment is expected to occur within the 20-year horizon of the plan. Typically, changes may occur as follows:
 Developers acquire several parcels and remove existing uses to develop larger mixed-use type developments.
 Uses considered nonconforming when the Plan is adopted are slowly phased out since those uses would be subject to the provisions of Section 18.108, Nonconforming uses.
 Incompatible land uses may be subject to the amortization process (Section

18.108.230).
 Existing housing stock is demolished due to disrepair or inability to upgrade to current standards and then replaced.

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33 3.2 Community Character Goals
The Vision and Guiding Principles from Chapter 1 set eight goals for future development in the Westside:

Goal 3.1 Preserve and enhance residential characteristics of Westside.

Goal 3.2 Encourage single-family residential development that is compatible with the neighborhood’s traditional architecture, scale, and massing.

Goal 3.3 Limit new building heights to fivetwo and three stories within the residential, mixed-commercial residential and mixed-use commercial office land uses, while limiting the height of the Transit Oriented Development to threefive stories within limited commercial uses.

Goal 3.4 Encourage retail and commercial uses that increase neighborhood activity and engagement as well as create a living environment where people can walk for goods, services, recreation, and transit.

Goal 3.5 Reduce co-location of housing and businesses that use, store, or generate hazardous materials through amortization of those businesses.

Goal 3.6 Buffer new residential development from freeway emissions and noise.

Goal 3.7 Reduce impacts to Paradise Creek through development that is sensitive to the habitat.

Goal 3.8 Encourage new businesses and the conversion of existing nonconforming business to non-impactive uses that are compatible with the environment and community goals.

Goal 3.9 Actively pursue partnerships to construct 200 affordable housing units throughout the plan area and to concentrate efforts towards meeting these affordable housing goals on parcels surrounding Paradise Creek.

Goal 3.910 Ensure that the open space near the creek is preserved within an open space easement and passive and active park amenities are installed adjacent to the natural areas of open space.

3.3 Implementing Strategies
The following programs will implement the goals for planning for land use:

Strategy 3.1 All existing and future land use and development in the Specific Plan Area shall conform to land use designations, zoning, design guidelines, and programs reflected in this Specific Plan.

Strategy 3.2 Preserve, restore, or reuse potentially eligible historic property(ies), if feasible, prior to renovation or demolition.

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34 Strategy 3.3 Relocate above ground utilities to below ground for new development pursuant to Chapter 18.64 of the National City Land Use Code. The City may consider adopting an in-lieu fee for future under grounding to allow for a systematic approach to under grounding upon completion of a cost analysis.

Strategy 3.4 Efforts shall be made to cease nonconforming and impactive, harmful and/or toxic uses within the Westside utilizing the amortization process.

Removal of automotive body and paint businesses shall be prioritized, with special considerations given to the most sensitive receptors (e.g. schools), and a schedule for amortization prepared.

Strategy 3.5 Implement land uses contained in Appendix A by encouraging nonconforming uses to substitute other non-conforming uses consistent with Appendix A which would be allowed to expand.

Strategy 3.6 Provide a mechanism to allow industrial uses that are considered acceptable to continue to expand within their existing parcel boundaries by no more than 20% of gross leased area.

Strategy 3.7 All existing business owners and all new business owners who store, generate, transport, and/or dispose of hazardous materials/and/or waste shall provide copies of appropriate Hazardous Materials Business Plans, Risk Management and Prevention Plans, and regulatory agency permits/approvals on an annual basis prior to the issuance of a business license or at the time of business license renewal. An update of the status of compliance for all businesses within the plan area will be provided on an annual basis to the City Council.

Strategy 3.8 Phase I Environmental Site Assessments (ESAs) shall be conducted in accordance with the Dept. of Environmental Health and the Regional Water Quality Control Board, prior to development activity when there is the potential for hazardous materials contamination based on historic and existing land use activity, adjacent land use activity, and information contained in the Hazardous Materials Assessment form (Appendix C).

Strategy 3.9 Require dedication of open space easements for parkland adjacent to Paradise Creek, including passive and active recreation, trails, and habitat restoration.

3.4 Land Use Plan
One of the primary concerns voiced by the community during public workshops is the impact of auto body shops and other industrial uses on air quality, traffic, and noise. As part of this plan, auto paint and body shops would no longer be permitted uses and would become non-conforming uses, potentially subject to National City Municipal Code Section 18.108 (Ordinance 2286).

Within the Westside Specific Plan Area, there are existing industrial uses that are nonimpactive, sometimes not typically considered industrial that may be compatible with the

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35 Westside vision. It may be desirable that these uses continue as non-conforming uses.

For those industrial uses that are impactive or less compatible, this plan seeks to encourage such non-conforming uses to substitute other uses per Appendix A and consistent with NC Municipal Code Section 18.108.100 (Substitution of Non-conforming Uses).

At the direction of the City Council and as part of the Westside planning effort, a Code Compliance Committee was formed in 2008 to address issues related to noncompliant businesses within the Westside; specifically those businesses that do not have the appropriate licenses and permits to operate. As part of that effort, the Code Compliance Committee embarked on an effort to develop criteria for businesses that would be acceptable to remain as good neighbors or acceptable substitution of non-conforming uses.

In order to determine those uses identified in Appendix A, the specific issues of the community needed to be identified. At a workshop of the Code Compliance Committee conducted on December 2, 2008, the committee recognized key issues associated with industrial uses and the residential community. Those issues or concerns are grouped together as air pollution, hazardous materials, parking, outside storage, and security with razor wire. The following lists those concerns and provides specific resolution for future development and expansion as the plan is implemented.
 Air Pollution - Chemical spray in the air generated by paint spraying conducted by auto paint body shops, use of hazardous chemicals, and commercial trucks idling for long periods of time. New businesses shall be limited to those businesses that do not require a permit by the Air Pollution Control District for noxious odors or toxic air contaminants.
 Hazardous Materials – Concern over large quantities of hazardous materials stored and/or accumulated near or adjacent to residential properties. In order to reduce accumulation of hazardous materials within the project area, new businesses shall be limited to those uses that do not require a permit by the Department of Environmental Health or the Environmental Protection Agency for storage of hazardous materials.
 Parking – Lack of available parking and double parking due to lack of on-site parking by auto repair shops and other industrial and commercial uses. New development and expansion of the structure shall provide and maintain adequate parking on site for employees and customers as determined by this Plan.  Outside Storage - Large quantifies of material, equipment, or debris and trash stored outside, visible to the residential community and from streets and alleyways. All storage shall not be visible to adjacent residentially zoned or residentially used parcels or from a public street or alleyway. All storage shall be covered, either with a permanent cover or stored within an enclosed building. Storage shall not displace required parking. All on street parking is limited to day use only. No work for the use shall be conducted in the street or within or on publicly owned property.

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36  Noise – Frequent loud or continuous noise adjacent or near residential properties associated with auto body shops, auto repair shops, construction companies and other industrial noise; also including idling of commercial trucks. Operation of these businesses shall adhere to Chapter 12, Noise Control of the Municipal Code and Section 11.34 related to Truck Idling and Parking Maneuvers.  Security –Security of industrial uses with razor wire. Industrial uses shall be secured by a fence, a maximum height of eight (8) feet and/or surveillance equipment rather than the use of razor wire on fences and walls. No razor wire shall be permitted on top of fences along property lines within the plan area. New construction or expansion of a structure shall incorporate solid walls and/or decorative fencing with dense planting to secure the site and reduce visibility.

These issues were used to identify non-conforming uses that could be substituted for less desirable non-conforming uses in the Westside. Those uses not listed in Appendix A would not be acceptable non-conforming uses for substitution, but would remain subject to the nonconforming use requirements, Land Use Code Section 18.108 and Section 3.6 of this plan.

3.5 Land Use Zones
The Central Vision and Guiding Principles of the Westside Specific Plan, as established by the community over a five year process, direct the future land uses of Westside with the goal to “reestablish the Westside as a safe, healthy, and vibrant neighborhood where people engage in community life.” In order to accomplish this vision, the area will be rezoned from Light Manufacturing/Residential (ML/R) to a variety of zones that will allow a mixture of residential, office, and retail uses as well as open space and institutional uses. (See Figure 3.1 Land Use - Zoning)
The Land Use Plan establishes various uses that will be permitted within Westside. In contrast to the ML/R zone, where industrial uses were permitted, adoption of the Westside Specific Plan will prohibit new industrial uses, including auto body repair which are uses not compatible with the Vision and Guiding Principles within the plan boundary.

Mixed-uses of residential, commercial and offices will create transitions and buffers conducive to a pleasant and healthy living environment. The plan reflected in Figure 3.1, Land Use and Zoning, establishes the following sevenix zones within the Westside.

Land uses permitted, or permitted under approval of a Conditional Use Permit, or prohibited are listed in Appendix A, Land Use Table.

Adoption of the Westside plan would include rezoning from ML/R and OSR to the following zones:

1. Residential – Single Family Westside 4 ( RS-4)

2. Mixed Use Commercial – Residential – 1 (MCR-1)

3. Mixed Use Commercial – Residential – 2 (MCR-2)

4. Limited Commercial (CL)

5. Civic Institutional (IC)

6. Open Space Reserve (OSR)

6.7. Mixed-Use Overlay

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37

Westside Specific Plan
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38

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39 3.5.1 Single Family Residential Westside 4 (RS-4)
This zone provides for areas of single-family residences and neighborhood servicing commercial uses as indicated in Appendix A. Single-family residences may be constructed to a zero lot line and subdivided to a minimum lot size of 2,500 square foot parcels with a minimum lot width of twenty-five feet. New single-family residence may be constructed to a maximum height of 35 feet and three stories. The maximum density that would be permitted within the RS-4 zone is 17.4 dwelling units per acre.

The intent of the zone is to encourage new development and to create a traditional urban neighborhood.. Building heights should be varied to reflect the diversity of the existing residential character.

Existing private institutional uses such as churches would continue to be permitted within the zone and elsewhere in the Westside. New institutional uses and would be permitted subject to a Conditional Use Permit and design guidelines established in the Specific Plan. Small neighborhood-oriented markets and retail services that primarily serve the neighborhood are permitted to remain and expand with approval of a Conditional Use Permit.

3.5.2 Limited Commercial (CL)
This zone provides for a 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 retention of existing residences as well as compatible residential development in accordance with the uses established in Appendix A.

The Limited Commercial zone is applied along I-5, west of Harding and Wilson Avenues to provide retail and office uses. This zone allows artisan activities (including studios, production space, galleries, and small performance venues) as well as neighborhoodserving retail, commercial, and existing residential uses. Building heights are limited to three stories and fifty feet. New development in this zone will serve to block the noise and views of the freeway. Existing single-family residential uses would be permitted and allowed to be reconstructed; however, the primary purpose of this zone is to provide opportunities for new development for retail, offices, and artist live-work studios. A maximum height of fifty feet and three stories would be permitted

3.5.3 Multi-use Commercial-Residential 1 and 2 (MCR-1, MCR-2) and Mixed-Use Overlay Zone
This zone provides for a either commercial or residential use, or a combination of commercial and residential uses or structures, designed to be built on a single lot or parcel, or as components of a single development in accordance with the uses established in Appendix A. This zone permits live-work loft uses.

The Mixed Use zone combines a variety of uses – retail, office, and residential - to create a highly livable district for residents, employees, and shoppers, improving

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40 convenience through walkability and transit availability. The benefits of mixed-use development are:
 Activates urban areas during more hours of the day.
 Increases housing options for diverse household types.  Reduces auto dependence.
 Increases travel options.
 Creates a local sense of place.

The Mixed Commercial-Residential Zones are applied to
areas generally bordering the RS-4 zone to transition to multi-family residential to the downtown commercial area.

Since new multi-family development would not be
permitted within the RS-4 zone, the MCR zones provide for multi-family development either as rental stock or homeownership condominiums. A mix of residential, commercial, and office uses are allowed within this zone.

Mixed-uses are not required except for those properties fronting Civic Center Drive where commercial uses are
required on the ground floor fronting Civic Center Drive and residential and/or offices are required on the upper floors. Parking may be accommodated on the ground floor behind the retail use or within a parking structure for shared parking for the variety of uses or for combination of developments.

Mixed-use Commercial-Residential 12 (MCR-1) -
This designation includes those areas east of Roosevelt Avenue from 18th Street to 16th Street, along the south side of 14th Street, on the east side of Hoover Avenue from 10th Street to 14th Street and for two blocks between Hoover and Harding Avenues from 20th Street to 18th Street. A maximum height of 65fifty feet and threefive stories would be permitted, including any ground level parking, with a maximum density of twenty-four (24) units per acre.

St. Anthony’s Church and Manuel Portillo Youth Center, also known as Casa de Salud, are located within the MCR-1 zone. Both offer community and education activities.

These uses would continue to be encouraged; however expansions would require approval of a Conditional Use Permit.

Mixed-use Commercial-Residential 2 (MCR-2) -Civic Center Drive District A mixed-use development will create a gateway to the neighborhood, serve as a new activity center, and tie into the mixed-use environment planned for within the Downtown Specific Plan area of National City. As envisioned, buildings will have retail and parking at the ground level and residential and/or offices on the upper floors. A maximum height of five stories and 65 feet would be permitted, including any ground level parking. The zone allows residential uses at a maximum density of forty-five (45) dwelling units per net acre with the intent of providing opportunities for housing and live/work or artisan loft arrangements.

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41 Mixed-use Commercial-Residential 2 (MCR-2) - Transit-oriented Development District (TOD):

This area comprises the MCR-2 designated areas south of 19th Street and east of Hoover Avenue. The intent of this district is to encourage transit-oriented development due to its proximity to the 24th Street Trolley Station. Redevelopment of these underutilized lands – consisting of larger lots relative to areas to the north – will provide opportunities for increased use of public transit in addition to accomplishing neighborhood revitalization goals. The intent is to allow but not require a mix of uses within each development, but allow flexibility for individual project needs. Educational facilities would be permitted within the zone as students would benefit by the proximity to the trolley station, bus routes, and commercial services within the Westside and downtown National City. A maximum height of five stories and sixty-five65 feet would be permitted, including any ground level parking. A maximum density of 60 -dwelling units per acre would be permitted. Development of the area immediately surrounding Paradise Creek, north of 22nd Street and south of Kimball School will be primarily used for developing affordable housing and supportive services. A concept plan has been developed that reflects multi-family housing for this area (Figure 3.2).

Mixed-Use Overlay
The Mixed-Use Overlay covers an area bounded by 18th Street, Hoover Avenue, 22nd Street, and Roosevelt Avenue and it is within a 10-minute walk of the 24th Street Transit Center and within a Transit Priority Area (TPA), The intent of the Mixed-Use Overlay is to facilitate progress towards and integrated land use pattern where housing is wellsupported by services and amenities and creates a transition to neighboring residential areas. This overlay allows a maximum height of five stories or 65 feet. A maximum density of 24 dwelling units per acre would be allowed.

Open Space Reserve (OSR)
This zone provides for public and private lands, playgrounds salt marsh and coastal wetlands, water areas, recreational lands, and other scenic open space areas in accordance with the uses established in Appendix A. This zone provides for open space areas for active and passive recreational uses near Paradise Creek.

Parks and community centers for recreation, environmental and cultural interface, and community interaction are essential to the renewal of the community. Paradise Creek Educational Park, adjacent to the south side of Kimball School, offers trails, an amphitheatre, picnic area, play structure, and enhanced wetland area. Extending the open space area along the west side of the creek and providing a meandering trail for pedestrians and bicyclists would enhance the open space. Expanding Paradise Creek to the east of Kimball School at the Hoover Avenue would further enhance the open space area providing an area for active recreational uses.

Currently, the area designated as Open Space Reserve does not represent areas truly set aside for open space since the current OSR zone includes Kimball School, the Public Works Yard, and unimproved roadways as well as Paradise Creek and the Paradise Creek Educational Park. Paradise Creek and the Educational Park creek will be retained within an Open Space Reserve zone. Additional areas adjacent to the creek will be restored as part of the Transit Oriented Development and/or through open space grant efforts. These areas will be preserved within an open space easement or through a rezone to Open Space Reserve as a component of the development. A concept plan has

Westside Specific Plan
Chapter 3 – Land Use
March 2010
42 been developed that reflects a concept design for Paradise Creek in conjunction with the TOD development (Figure 3.2).

Additional open space areas for passive and active recreation may be identified during review of development projects or as land becomes available. These areas would be held in open space through the recordation of an open space easement or designated as Open Space Reserve with an amendment to the Specific Plan.

Westside Specific Plan
Chapter 3 – Land Use
March 2010
43

Westside Specific Plan
Chapter 3 – Land Use
March 2010
44 3.5.4 Civic Institutional (IC)
This zone provides for the preservation of existing public and private institutional uses within the plan area in accordance with the uses established in Appendix A.

The Civic Institutional zone provides areas for public and private facilities that serve the community. Located along the south side of West 18th Street, adjacent to the north side of the Paradise Creek Educational Park, Kimball School is located within the IC zone.

Other areas may be rezoned for CI through an amendment to the Specific Plan. The purpose of the CI zone is to offer community services that respond to the needs of the health, safety, education, cultural, and welfare needs of the community as identified in Appendix A. A maximum height of 35-feet would be permitted.

3.6 Nonconforming Uses and Amortization Program
All nonconforming uses are subject to the City’s regulations and requirements contained in Chapter 18.108 of the National City Land Use Code. Within the zones established by this Specific Plan, the Land Use Code, or amendments to either document that may later be adopted, there exist uses, structures, and lots that were lawful before these two documents were adopted or amended, but are now prohibited. It is the intent of Chapter

18.108 of the Land Use Code to generally permit nonconforming uses to continue until they are terminated, but not to encourage their enlargement, expansion, or extension.

This Specific Plan does allow for enlargement and/or expansion of certain nonconforming uses within the existing parcel, listed in Appendix A, up to 20% of their gross leased area (building footprint), because they are not impactive to the community or not typical industrial uses, and provide an avenue of progressive change in the Westside.

The intent of the Specific Plan is (1) to significantly reduce potential public health threats (such as increased incidence of cancer and respiratory diseases) associated with residents’ exposure to hazardous materials and (2) to address the current community conflicts between residential and industrial land uses.

Westside Specific Plan
Chapter 4 – Design Guidelines and Development Standards March 2010
45 Chapter 4 Design Guidelines and Development
Standards

4.1 Introduction
The purpose of this chapter is to guide future development to be consistent with the Vision and Guiding Principles of the Westside Specific Plan. Careful attention to the design of future development projects will help reinforce the neighborhood’s unique character and guide new development to employ architectural features, exterior materials and color that blend rather than create a stark contrast to existing development. The standards and design guidelines apply to all new development within the Specific Plan area. This chapter primarily addresses development standards for setbacks, height, lot sizes, residential density, signs and on-site parking.

For all new development and additions, plans will be required to be submitted to the Planning Division with the appropriate fee and will be reviewed for consistency with these standards and design guidelines during review of building plans (administrative review) or during the development review process (discretionary review). Consult the Land Use Code for specific requirements. Note that these guidelines and standards are minimum requirements, and developers may be required to provide additional amenities to meet the goals and strategies of the Specific Plan. Additional standards or guidelines from the City’s Design Guidelines, Sign Ordinance and Land Use Code may be applicable as well. If certain design issues are not specifically addressed in these guidelines, then the aforementioned documents will provide further direction.

Primarily the City’s Design Guidelines offer guidance for architectural design element for both new construction and additions. This plan contains additional minimum standards beyond what is contained in the Land Use Code. When there is a conflict, the standards and guidelines contained in this plan apply. If certain design issues are not specifically addressed in these guidelines, then the most recently adopted development codes and guidelines would be applicable and provide further direction. If a project meets certain requirements, it only needs to meet the design standards in the Municipal Code and Objective Design Standards. Refer to the Land Use Code for further clarification.

4.2 Community Design Goals
The Vision and Guiding Principles from Chapter 1 can be expanded into seven design goals for future development:

Goal 4.1 Design and orient new development within the Transit Oriented Development area in concert with conservation and enhancement of Paradise Creek.

Goal 4.2 Reinforce neighborhood character by designing new development that embodies an active and friendly environment.

Goal 4.3 Work with developers to employ an architectural style that is creative, instills quality, and is compatible with the surrounding community.

Westside Specific Plan
Chapter 4 – Design Guidelines and Development Standards March 2010
46 Goal 4.4 Set a minimum standard of quality for mixed-use developments that are compatible with the existing urban fabric and neighborhood character.

Goal 4.5 Balance residential needs (security, privacy, and evening quietness) with commercial needs (access, visibility, loading, and evening operations).

Goal 4.6 Create opportunities for energy efficiency through design and building orientation.

Goal 4.7 Consider design alternatives that encourage sustainability and reduce the carbon footprint.

4.3 Implementing Strategies
The following strategies will implement the design goals for future development:

Strategy 4.1 Minimize runoff by clustering development in disturbed areas near Paradise Creek and install Best Management Practices for reducing runoff.

Strategy 4.2 Limit disturbance of Paradise Creek by preserving a wide corridor for walkways, open space and wetland restoration.

Strategy 4.3 New development should incorporate design elements such as porches and balconies to create an “eye” to the street and offer variety to provide visual interest.

Strategy 4.4 Reduce front yard setbacks to ten to fifteen feet for residential uses while maintaining privacy with landscaping and decorative fencing and walls that complement surrounding buildings and create pedestrian appeal.

Strategy 4.5 Encourage pedestrian activity by wrapping parking around the rear of the residential buildings and/or placing retail uses on the ground floor for mixed-use development.

Strategy 4.6 All ground floor commercial uses and residential uses should face the street to encourage public activity and to welcome visitors from on-street parking.

Strategy 4.7 All new development should incorporate energy efficient fixtures, provide for the efficient use of water through natural drainage, drought tolerant landscaping, and provide adequate areas for recycling.

Strategy 4.8 New development should incorporate GreenPoint residential design elements and/or LEED for commercial development or similar green building standards.

Westside Specific Plan
Chapter 4 – Design Guidelines and Development Standards March 2010
47 4.4 Residential Single Family 4 Zone -
Westside (RS-4)
The following development standards are intended to
provide direction for new development and
redevelopment within the single-family residential zone (RS-4) of the plan area. The purpose of this zone is to retain existing residences and provide the opportunity for developing a range of compact housing types and
affordability.

Density
The purpose of the RS-4 zone is to retain areas of
single-family homes on small lots to provide opportunities for redevelopment and compact housing types.

Residential density within the single-family zone would allow a range from 8.7 dwelling units per acre at 5,000 square foot lot sizes to a maximum of 17.5 dwelling units per acre at maximum lots sizes of 2,500 square feet.

Minimum street frontage is twenty-five (25) feet. The street frontage may be located facing a public or private street or alleyway. Minimum frontage on a cul-de-sac is fifteen (15) feet.

Residential units are encouraged to have porches or
stoops – reflecting the character of existing units – to mark entryways and also provide a transitional zone between
the public realm and interior spaces.

The Land Use Code Chapter 18.14 Residential Zones
and the City’s Design Guidelines shall apply to the RS4 zone unless specifically noted in this Plan.

The following standards apply to the RS-4 zone, and
supercede those standards within Chapter 18.14.

Height Limit
Height limits help maintain neighborhood character,
also ensuring that the appropriate scale is used to
support a pedestrian friendly and walkable community.

The existing built environment within

Westside Specific Plan
Chapter 4 – Design Guidelines and Development Standards March 2010
48 the RS-4 zone ranges in height from single-story to three stories. New development would continue the same
pattern and would be restricted to a maximum height of
three (3) stories and 35 feet measured from the finished grade to the highest point of the roof.

Building Setbacks
Building setbacks indicate the distance between the outer edge of the building façade and the property line, unless otherwise noted.

Ten (10) foot front yard setbacks and fifteen (15) foot setbacks from the property line to the garage when the
garage faces the street.

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. Porches or stoops should be at least six (6) feet deep.

Due to the small lot sizes, Section 18.14.130 Accessory structures does not apply to allow for opportunities for patio covers and other landscape features such as
gazebos.

4.5 Mixed-use Commercial Residential
and Limited Commercial Zones
(MCR-1, MCR-2, CL, Mixed-Use
Overlay)
The Land Use Code Chapter 18.14 Commercial
Zones and the City’s Design Guidelines for
Commercial Design Guidelines shall apply to all
new development within the MCR-1, MCR-2, and
CL zones, as well as the Mixed-Use Overlay
unless specifically noted in this Plan.

Since most of the parcels in Westside are relatively
small – 50 x 100 feet, development should consist
of lot consolidation to allow for comprehensive
development in terms of building configuration,
building design, and extent of landscaping
materials, circulation/parking configuration and access.

New building designs should offer visual relief through the use of architectural projections or recessed areas which create the appearance of smaller adjoining buildings. Design should focus on energy conservation by use of cogeneration, solar access, south facing windows with overhangs, ventilation, and double glazed windows.

Westside Specific Plan
Chapter 4 – Design Guidelines and Development Standards March 2010
49 Ground floor retail and services are encouraged with limited office space on the ground floor level to
encourage pedestrian activity. Primary ground floor
commercial building entrances must orient to plazas,
community corridors, streets and parks. Secondary
entries would be permitted from the interior of the
block or from the alley to allow for deliveries and
trash service. For all ground level retail, direct access from the street shall be provided to the street.

Density
New multi-family residential densities must be a
minimum of twenty-four (24) dwelling units per acre
with a maximum of sixty (60) dwelling units per acre.

This required density range offers flexibility to
respond to changing market conditions and
encourages a mix of housing types, unit size, and . diverse household composition.

Building Setbacks
The design intent of the building setbacks is to
ensure that the buildings are pulled forward
towards the sidewalk and the street to create a
welcoming pedestrian environment along the
street. A build-to line is generally used to define
locations where buildings must be built within a
certain distance of the public right of way, and
ensures that the various buildings along the
street create a defined building edge.

A minimum of 70% of the building frontage
should be constructed up to the front property
line with a zero (0) foot front setback.

Exceptions to the building frontage standards
may be considered when residential units are
constructed on the first floors with outdoor
public plaza and/or patios or when a
commercial use provides outside dining, and
wider public walkways. However, the setback to
the property line should not exceed 10 feet. The
setback area should be appropriately
landscaped and contain street furniture and
street trees.
 Front build-to line setback and corner lot setback – Back of sidewalk (10’ sidewalk) or the front property line or side property line, in the case of a corner parcel.

Westside Specific Plan
Chapter 4 – Design Guidelines and Development Standards March 2010
50  Side-yard setbacks – as required by the
adopted Uniform Building Code and Fire Code
regulations except for a corner parcel.
 Rear-yard setbacks – as required by the
adopted Uniform Building Code and Fire Code
regulations.
 Corner entries may be set back to create a area
for landscaping, signage, and entry features.

Floor Area Ratio (FAR)
The FAR is the total floor area of all buildings or
structures on a parcel divided by the area of the lot.

The FAR helps to shape the character of the area by
determining the desired intensity of development.
 Maximum FAR for new development and
redevelopment is .60.
 To allow flexibility to exceed the maximum FAR,
if a proposed development can meet all other
site standards and regulations, such as parking
regulations, setbacks, building height, and open space for developments containing residential units, the maximum FAR may be exceeded, through the discretionary permit process.

Height Limits
Height limits help maintain neighborhood character, also ensuring that the appropriate scale is used to support a pedestrian friendly and walkable community.  Maximum building height is fivethree (53) stories and sixty-fivefty (6550) feet for development within the MCR-1 and CL zones.
 Maximum building height is five (5) stories and sixty-five (65) feet for development within the MCR-2 zone.
 Maximum building height is three (3) stories and fifty (50) feet for development within the CL zone.
 Maximum building height is five (5) stories and sixty-five (65) feet for development within the Mixed-Use Overlay.

Architectural Features, Accessory Structures and Walls/Fences:

Accessory structures shall not be located in front of or on the street side of the main building(s) unless approved by the Planning Division.

Between any street property line and a principal structure on that property, no wall or fence shall exceed four (4) feet in height. Where a retaining wall is used to increase usable lot area, the height of said retaining wall between any street property line and the principal structure shall not exceed four (4) feet in height. A decorative fence or wrought iron railing would be installed on top of the wall to prevent injuries and provide security.

The use of chain link, barbed wire and razor wire fencing shall be prohibited for all new development and/or building expansions that increase the building square footage by 20% of the existing gross leased area.

Westside Specific Plan
Chapter 4 – Design Guidelines and Development Standards March 2010
51  A masonry wall of no less than six (6) feet in height and a maximum of eight (8) feet in height is required along the property line between new development within the MCR-1,

Westside Specific Plan
Chapter 4 – Design Guidelines and Development Standards March 2010
52 MCR-2, or CL zones, or the Mixed-Use Overlay and any existing residential use or single-family residentially- zoned property. The wall shall be stepped down to no more than four (4) feet in height within 10 feet of the front property line to ensure adequate site distance for vehicles entering/exiting the property.  Focus on neighborhood-scale concepts such as orienting doors and windows towards the street, create activity to the street through porches and seating, vary roof heights of adjacent buildings, and offer a mix of uses along ground floor retail and services.  Trash receptacles shall be located behind the building, where possible. In all locations, trash receptacles shall be enclosed by a six-foot high decorative masonry wall with view-obstructing gates and a solid roof.
 An eight foot wall with landscaping or a landscaped berm shall be constructed along the property line bordering Interstate 5 to reduce air pollution and traffic noise.

Auxiliary Structures/Equipment and Utilities
All mechanical and electrical equipment placed on the roof shall be roof shall be shielded and architecturally screened from view from on-site parking areas, adjacent public streets and adjacent properties.
 All ground-mounted mechanical/electrical equipment, including heating/air conditioning units, transformer, terminal boxes, meter cabinets, pedestals, ducts and other facilities and trash receptacle areas, shall be completely screened from surrounding properties by use of a wall, fence, or landscaping, or shall be enclosed within a building.  All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where necessary. Pad-mounted transformers and/or meter box locations shall be included in the site plan with an appropriate screening treatment.
 All new and existing utility connections within the boundaries of the project shall be placed underground.

Outdoor storage areas, when approved through the development process or a site plan review process shall be located to the rear of a building and enclosed by solid decorative masonry walls and view-obstructing gates, both to be not less than six (6) feet in height to adequately screen such areas from view.

Landscaping
All landscaped areas shall be watered by an automatic irrigation system with underground piping (excluding drip or soaker irrigation systems) and regularly maintained in a healthy and thriving condition free of weeds, trash, debris. Landscaping shall comply with the City’s adopted Water Efficient Landscape Regulations (Land Use Code Chapter 18.54). Site landscaping shall include a combination of trees, shrubbery, vines, or groundcovers with an emphasis on drought-tolerant/xeriscape landscaping and shall provide the following:
 One (1) fifteen (15) gallon tree for every four (4) parking spaces distributed throughout the parking area.
 A minimum of 10 percent of the site area shall be landscaped. Terrace landscaping may count for the minimum requirement for landscaping.
 Landscaping shall be in accordance with the City’s Landscape Guidelines.

Westside Specific Plan
Chapter 4 – Design Guidelines and Development Standards March 2010
53 Sidewalk Dining
Outdoor/sidewalk dining areas may encroach into the public right of way provided an encroachment agreement is obtained from the City and a minimum four (4) foot sidewalk is maintained. A minimum 4-foot clearance around the dining area from such items as planter areas, fire hydrants, street lights, and other street furniture must be maintained to ensure accessibility.

Open Space
For all multi-family development of over three dwelling units, a minimum of 300 square feet of common usable open space shall be required per dwelling unit and 75 square feet per unit over three units. Typical common usable open space includes:
 Landscaped courtyards with seating areas, or other amenities such as barbecue areas with permanent picnic tables and seating
 Recreation rooms equipped with indoor recreation amenities  Fitness rooms equipped with fitness equipment
 Community and/or vegetable gardens
 Children’s playgrounds or tot lots
 Swimming pools or sport courts.

At least 75 percent of the dwelling units shall be provided with at least 60 square feet of private usable open space. Private usable open space may be substituted for common usable open space. Each square foot of private usable open space may be substituted for each two (2) square feet of required common usable open space.

Westside Specific Plan
Chapter 4 – Design Guidelines and Development Standards March 2010
54 Table 4.1
Development Standards
Standard
Zones
Single Family
Residential-4
Westside (RS-4)
Mixed-use
Commercial
Residential-1
(MCR-1) and
Limited
Commercial
(CL)
Mixed-use
Commercial
Residential-1
(MCR-1)
Mixed-use
Commercial
Residential-2
(MCR-2)
Mixed-Use
Overlay Zone
Building Form and Location
Maximum no. of
Building Stories
3 3 5 5 5
Maximum Building
Height (ft)
35 50 65 65 65
Minimum Building
Setback (ft):

– From street
frontage
10/15 for garage
facing the street
5’ for porches
extending into front
yard
10 10 10 10
– From exterior
side property lines
10 10 10 10 10
– From interior
property lines
3 / 0** 0* / 10’ 0* / 10’ 0* / 10’ 0* / 10
– From rear
property line
15 5 5 5 5
Minimum Distance
between buildings
(ft)
6 0* / 10* 0* / 10* 0 / 10* 0 / 10*
Minimum Street
Frontage
25 N/A N/A N/A N/A
Standards for Residential Uses and Structures
Minimum Floor
Area per DU (sf)
1,200 sf 600 sf 600 sf 600 sf 600 sf
Open Space
N/A
300 sf of common
O/S per DU
300 sf of common
O/S per DU
300 sf of common
O/S per DU
75 sf of private O/S
per DU over 3 units
300 sf of common
O/S per DU
ft = feet
NA = not applicable
sf = square feet
DU = dwelling unit
* 10’ if adjacent to an existing single-family or multi-family development without commercial/office. ** A single-family residence may be situated to the property line on one side if the adjacent single family residence is 10’ from the property line or in the case of a commercial/industrial building is located 10’ from the side yard property line.

Westside Specific Plan
Chapter 4 – Design Guidelines and Development Standards March 2010
55 4.6 Off-street Parking
As higher-density, mixed-use development combined with traffic calming and streetscape enhancements occurs in the Westside Specific Plan Area, there will be more opportunities for residents to take advantage of walking, biking and transit use, thereby reducing the need to solely rely on personal automobiles for transportation. Reductions in the City’s adopted parking ratios will encourage urbanized redevelopment for Westside. The parking standards developed for this plan considered off-street parking rates for urbanized areas established by the Institute of Transportation Engineers (ITE), Urban Land Institute (ULI), and urbanized areas in the San Diego region. Based on this review, the following off-street parking standards were development due to the proximity of transit and mixed-use development.

These parking standards are intended to provide flexibility and offer alternatives for new development for Westside. The following standards apply to the Single-family Residential-4 (RS-4) Westside zone, the Multi-use Commercial – Residential, the and Limited Commercial (CR- 1, MCR-2, and the CL) zones, and the Mixed-Use Overlay. The following table, Offstreet Parking Ratios, provide parking standards in addition to those contained in the Land Use Code, Chapter 15.58. Where these standards differ, the standards in the Specific Plan take precedence.

As of January 1, 2023, the entirety of Westside Specific Plan area is subject to AB 2097, which eliminates all parking minimum requirements for new development projects located within one-half mile of a major transit stop or high-quality transit corridor if all parcels within the project have no more than 25 percent of their area farther than one-half mile from the stop or corridor. The Westside Specific Plan area is served by both the 8th Street and 24th Street trolley stations and frequent intersecting bus routes along National City Boulevard.

Table 4.2
Off-street Parking
Ratios*
Description
Single-Family
Residential-4
Westside
Zone
(DU)
Multi-use Commercial Residential, and
Commercial Limited Zones, and Mixed-Use Overlay
(MCR-1, MCR-2, CL, and Mixed-Use Overlay)
Multi-Family (DU) Other
(1,000 SFof GLA)
Single-Family >1200 SF
Single-Family < or equal
to 1200 SF
Office

2.0 1.7

1.5 1.0

2.9 Retail 3.6
Industrial 2.0
Bicycle Parking
N/A
5 ea. per each 20 du
(minimum 20 du) 10% of vehicle spaces
DU – Dwelling Unit
SF – Square Feet
GLA – Gross Leased Area
*Development projects submitted after January 1, 2023 may be exempt from minimum parking

Westside Specific Plan
Chapter 4 – Design Guidelines and Development Standards March 2010
56 requirements per Assembly Bill 2097 (2022).

Shared parking may be considered when 50% of the parking is primarily for daytime uses (commercial retail and office) and the balance is primarily nighttime uses (residential). Joint parking arrangements are encouraged and can be developed within on-site or off-site parking structures within 500 feet of the property line of the development.

Westside Specific Plan
Chapter 4 – Design Guidelines and Development Standards March 2010
57 Off street parking should be located at the rear of the buildings with “paseos” or plazas leading to the street and primary entrances. Handicapped access must be incorporated into the overall commercial development.
 Garages accessed from the alleyway are desirable.
 Minimum interior single car garages shall be
provide a minimum ten (10) foot in width. Minimum
interior space of a two-car garage shall be twenty
(20) feet wide by nineteen (19) feet.
 Two-car tandem garages are permitted within the
RS-4 Zone. A two-car tandem garage shall
measure a minimum of ten (10) feet wide by thirtyeight (38) feet long.  The rear portion of the lots may be converted to
parking areas when there is access from an alley.

A landscape buffer or fence must be developed
between the parking areas and residential area.
 When parking is provided in the rear portion of the
yards, accessible by the alley, a landscape buffer, wall or fence must be developed between the parking areas and residential areas.
 A maximum 25% of multi-family residential units may be provided with tandem parking spaces.
 Minimum interior, enclosed garage, tandem-space dimensions shall be 10-feet wide by 38-feet long.
 A tandem parking space within a parking structure shall be a minimum of 8.5-feet wide by 36-feet long.
 Existing structures may be remodeled or expanded with no additional parking requirements provided that there is no additional square footage added to the structures. If additional square footage is added to the structures, compliance with the parking standards shall be required.

4.7 Signage Regulations (MCR-1, MCR-2, CL, Mixed-Use Overlay) Signs should make a positive contribution to the general appearance of the street and commercial area in which they are located. A well-designed sign can be a major asset to a building. Signs should be creative, imaginative, and innovative to encourage activity and walkability. The signs should be positioned so they can be easily read by pedestrians.

Signs should not obscure architectural features; their design should be integrated with the design of the building. A well-designed building facade or storefront is created by the careful coordination of sign and architectural design and over-all color scheme. Signs in multiple tenant buildings should be designed to complement or enhance the other signs in the building.

Westside Specific Plan
Chapter 4 – Design Guidelines and Development Standards March 2010
58 Unless otherwise stated below, all signs within the MCR-1, MCR-2 and CL zones, and MixedUse Overlay shall comply with Chapter 18.62 of the Land Use Code.

The following definitions of sign types have been added to augment the existing definitions included in Land Use Code Chapter 18.62.

Definitions
As used in this section, the following definitions shall apply.

1. Awnings and canopies - Awnings and canopies are roof-like covers that project from the wall of a building for the purpose of shielding a doorway or window from the elements.

2. Awning sign - Any sign copy or logo attached to or painted on an awning.

3. Civic event sign - A temporary sign, other than a commercial sign, posted to advertise a civic event sponsored by a public agency, school, church, civic-fraternal organization, or similar noncommercial organization.

4. Convenience sign or Directional Sign - A sign that conveys information (e.g., restrooms, no parking, entrance) or minor business identification for directional purposes, and is designed to be viewed by pedestrians and/or motorists.

5. Directory sign - A sign listing the tenants of a multiple tenant structure or center.

6. Double-faced sign - A sign constructed to display its message on the outer surfaces of two identical and opposite parallel planes.

7. Pedestrian Oriented Sign - A small, pedestrian-oriented sign (i.e., less than four square feet) that projects perpendicularly from a structure (bracket sign) or is hung beneath a canopy (blade sign).

8. Portable sign - A sign that is not affixed to a structure or the ground (e.g., A-frame or sandwich-board signs).

9. Projecting sign - A sign that protrudes in a V-shape from the top of the ground floor over the sidewalk, like a traditional theater marquee.

To allow for flexibility and creativity for signs within the Westside, the use of awnings and canopies is encouraged with signs either on the awning/canopy or hanging below it along the pedestrian corridor.

In addition to other types of permitted signage, freestanding A-frame signs shall be allowed, positioned outside of the public right-of-way subject to the following standards:

1. One (1) per business.

2. Maximum five (5) feet in height by three (3) feet in width.

3. Maximum of two (2) faces per sign, back-to-back.

4. No external or internal illumination.

5. Not permanently affixed to any object, structure or the ground, including utility poles, light poles, trees or any merchandise or products displayed outside of buildings.

6. Portable, self-supporting, stable and weighted or constructed to withstand overturning by wind or contact.

7. Not on display during non-business hours.

8. Located directly in front of the building/business it is advertising.

Westside Specific Plan
Chapter 4 – Design Guidelines and Development Standards March 2010
59 9. Not placed in such a way as to interfere with pedestrian or vehicular sight lines or corner clear zone requirements as specified by the City.

10. Not placed in such a way as to obstruct access to a public sidewalk, public street, driveway, parking space, fire door, fire escape, handicapped access or in such a way that it obstructs free passage over any public right-of-way.

11. Not obscure or interfere with the effectiveness of any official notice or public safety device.

Sign Placement
Creativity of the sign should be within the sign itself and not with sign placement. Signs should complement the building and not create discourse and confusion.

Signs should be placed facing away from adjacent residential neighborhoods within RS-4 zones so that they have little impact – such as light and glare, and visual obstructions - on residents. In order to accomplish this, architectural elements such as a screening wall Place wall signs that complement each other and create a rhythm with placement and scale and proportion. On buildings that have a monolithic or plain facade, signs can establish or continue appropriate design rhythm, scale, and proportion.

Pedestrian-oriented signs are designed for and directed toward pedestrians so that they can easily and comfortably read the sign as they stand adjacent to the business.. These signs do not count for the overall permitted sign area for a business.

Pedestrian-oriented signs
Make signs smaller if they are oriented to pedestrians. The pedestrian-oriented sign is usually read from a distance of fifteen to twenty feet; the vehicle-oriented sign is viewed from a much greater distance. The closer a sign's viewing distance, the smaller that sign need be. See the following table.

Table 4.3
Lettering Size for
Pedestrian-oriented Signs
Minimum Character Size
(inches)
Intended Reading Distance
(feet)

1.0 10

1.5 20

2.0 30

2.5 40

3.0 50

Westside Specific Plan
Chapter 5 – Circulation and Parking Management
March 2010
60 Chapter 5 Circulation and Parking Management
This chapter describes Westside’s circulation network as it relates to traffic, roadway classifications, intersection traffic control, pedestrian, bicycle and transit facilities, and available on-street parking and parking management. It includes an overview of the Plan area’s existing circulation system, identifies goals to meet the overarching Vision and Guiding Principles, and establishes strategies to achieve the desired objectives.

Emphasis on improvements is placed on pedestrian enhancements, creating safe, walkable and vibrant corridors, and offering strategies for parking management.

5.1 Existing Circulation Network
The Westside Specific Plan Area is bounded by W. Plaza Boulevard to the north, Interstate 5 to the west, W. 24th Street/Mile of Cars Way to the south, and Roosevelt Avenue to the east. The circulation network consists of a grid system with connectivity to the freeway and regional transit stations. (See Figure 5.1) Several Metropolitan Transit System (MTS) bus routes / stops and a regional transit station (bus and trolley) are located within the Plan area. The trolley service extends from San Diego through National City and Chula Vista, south to the USA/Mexico Border. Connecting service is also provided east to San Diego State University and Qualcom Stadium. The bus routes provide local connections to Southwestern College, City Hall, the National City Public Library and the Plaza Bonita Mall. Regional connections are provided between the City of San Diego to the north and the City of Chula Vista to the south. Curbside parking is provided throughout the Plan area. Approximately 1,500 marked and unmarked onstreet parking spaces are provided within the Plan area. However, most of the Plan area suffers from 80 to 90 percent occupancy rates during peak periods of parking demand.

Section 5.5 provides further discussion on parking demand and management.

The existing grid system encourages walking due to smaller block sizes (330 feet in length), sidewalks on all public streets, multiple routes between residences, businesses, parks, transit stops and public service facilities, and standard north-south / east-west orientation of intersecting streets. However, most sidewalks are only five feet wide (the minimum standard) and have sections in disrepair. Many of the park rows lack suitable trees and plantings due to insufficient irrigation.

The Plan area includes a series of alleys that provide access to the rear of commercial and residential buildings and off-street parking. The alleys also provide access for emergency vehicles and garbage collection, and serve as utility easements. Over the years many of these alleys have been vacated. Although paved, the alleyways are not desirable for walking.

The City is in the process of updating its Bicycle Master Plan for adoption. Since the current Bicycle Master Plan is still a “draft” document, only signed / marked bicycle facilities will be listed as part of the “existing” circulation network. Currently, only a few streets with striping for bike lanes are provided. Caltrans (State of California Department of Transportation) classifies bicycle facilities as follows:
 Class I Bike Path – grade-separated facility for non-motorized use; requires a minimum eight-foot wide paved travelway with physical buffers from the roadway.

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61  Class II Bike Lane - striped / marked travelway for bicycles located in the roadway adjacent to the outside vehicle travel lane; requires a five-foot minimum width.
 Class III Bike Route – shared facility signed as a bicycle route where bicyclists share the outside travel lane with vehicles; provides connectivity to other bicycle facilities.

The City’s General Plan Circulation Element classifies streets as Arterials, Collectors and Neighborhood/Local streets. A brief description of these classifications is provided below.

Arterials
Arterials are designed to carry both local and region traffic, provide connectivity to other arterials, state highways / freeways and regional transit centers, provide access control via medians, parking restrictions and synchronized traffic signal systems to accommodate higher traffic volumes and speeds.

Collectors
Collectors are designed to carry low to moderate traffic volumes, provide connectivity between arterials, other collectors and local streets, accommodate on-street parking, enhanced pedestrian access and direct access to adjacent land uses and transit facilities.

Neighborhood/Local Streets
Local streets are designed to carry low traffic volumes at lower speeds, accommodate on-street parking and enhanced pedestrian access, and provide direct access to residences, local businesses and public service facilities.

The following streets are located within or provide access to the Westside Specific Plan Area. A brief description of each street including Average Daily Traffic (ADT) volumes and existing “functional” classifications are provided below. Functional classifications are based on existing street cross sections and operating capacities, and may differ from the “ultimate” or “buildout” classifications shown in the City’s General Plan Circulation Element. Signalized intersections are provided along the Arterials, while internal Collectors and local streets are controlled by Stop and Yield signs. Existing street segments are operating below capacity and intersections are operating at acceptable levels of service. Figure 5.1 illustrates the existing circulation network for the Plan area.

East-West Streets
 W. 8th Street
W. 8th Street is a four-lane Arterial between Interstate 5 and National City Boulevard with a curb-to-curb width of 64 feet. W. 8th Street provides direct access to Interstate 5 and is

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62 a “gateway” to Downtown National City. To the west, W. 8th Street provides direct access to the 8th Street Trolley Station and the main gate of Naval Base San Diego at Harbor Drive. W. 8th Street is a bus route with several bus stops. Curb, gutter and sidewalks are provided on both sides of the street. On-street parking is prohibited for most of the street. The speed limit is 40 mph. Existing ADT is approximately 22,500 vehicles.  W. Plaza Boulevard
W. Plaza Boulevard is a four-lane Collector between Hoover Avenue and National City Boulevard with a curb-to-curb width of 52 feet. West of Hoover Avenue, W. Plaza Boulevard is a single-lane, one-way street eastbound, providing direct access from northbound Interstate 5. Curb, gutter and sidewalks are provided on both sides of the street. Parallel parking is provided on both sides of the street between Coolidge Avenue and National City Boulevard. The speed limit is 35 mph. Existing ADT is approximately 4,300 vehicles.
 W. 11th Street
W. 11th Street is a two-lane local street between Harding Avenue and National City Boulevard with a curb-to-curb width of 52 feet. Curb, gutter and sidewalks are provided on both sides of the street. Parallel parking is provided on both sides of the street. The speed limit is 25 mph. Existing ADT is less than 2,000 vehicles.  W. 12th Street
W. 12th Street is a two-lane local street between Harding Avenue and National City Boulevard with a curb-to-curb width of 52 feet. Curb, gutter and sidewalks are provided on both sides of the street. Parallel parking is provided on both sides of the street. The speed limit is 25 mph. Existing ADT is less than 2,000 vehicles.  Civic Center Drive
Civic Center Drive is a two-lane Collector between Wilson Avenue and National City Boulevard with a curb-to-curb width of 52 feet. To the west, Civic Center Drive provides direct access to Interstate 5 at Wilson Avenue and Harbor Drive. To the east, Civic Center Drive provides direct access to Downtown National City including City Hall, City Police and Fire Departments, the Public Library and Kimball Park. Civic Center Drive is a bus route. Curb, gutter and sidewalks are provided on both sides of the street. Parallel parking is provided on both sides of the street. The speed limit is 30 mph. Existing ADT is approximately 6,900 vehicles.
 W. 14th Street
W. 14th Street is a two-lane local street between Wilson Avenue and National City Boulevard with a curb-to-curb width of 52 feet. Curb, gutter and sidewalks are provided on both sides of the street. Parallel parking is provided on both sides of the street. The speed limit is 25 mph. Existing ADT is less than 2,000 vehicles.  W. 15th Street

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63 W. 15th Street is a two-lane local street between Wilson Avenue and National City Boulevard with a curb-to-curb width of 52 feet. Curb, gutter and sidewalks are provided on both sides of the street. Parallel parking is provided on both sides of the street. The speed limit is 25 mph. Existing ADT is less than 2,000 vehicles.  W. 16th Street
W. 16th Street is a two-lane local street between Wilson Avenue and National City Boulevard with a curb-to-curb width of 52 feet. Curb, gutter and sidewalks are provided on both sides of the street. Parallel parking is provided on both sides of the street. The speed limit is 25 mph. Existing ADT is approximately 2,300 vehicles.  W. 17th Street
W. 17th Street is a two-lane local street between Wilson Avenue and Hoover Avenue with a curb-to-curb width of 52 feet. Curb, gutter and sidewalks are provided on both sides of the street. Parallel parking is provided on both sides of the street. The speed limit is 25 mph. Existing ADT is less than 2,000 vehicles.  W. 18th Street
W. 18th Street is a two-lane Collector between Wilson Avenue and National City Boulevard with a curb-to-curb width of 52 feet. W. 18th Street provides direct access to Kimball School and connectivity to local streets with access to Paradise Creek Park. W. 18th Street is a bus route with several bus stops. Curb, gutter and sidewalks are provided on both sides of the street. Parallel parking is provided on both sides of the street. The speed limit is 30 mph. Existing ADT is approximately 4,500 vehicles.  W. 19th Street
W. 19th Street is a two-lane local street between Wilson Avenue and Harding Avenue with a curb-to-curb width of 52 feet. W. 19th Street terminates to the west of Harding Avenue at Paradise Creek Park and Kimball School. Angled parking is provided on the north side of the street and parallel parking is provided on the south side. The speed limit is 25 mph. Existing ADT is less than 2,000 vehicles.  W. 20th Street
W. 20th Street is a two-lane local street between Wilson Avenue and Harding Avenue with a curb-to-curb width of 52 feet. W. 20th Street is a bus route. Curb, gutter and sidewalks are provided on both sides of the street. Parallel parking is provided on both sides of the street. The speed limit is 25 mph. Existing ADT is less than 2,000 vehicles.  W. 22nd Street
W. 22nd Street is a two-lane local street between Wilson Avenue and National City Boulevard with a curb-to-curb width of 52 feet. W. 22nd Street terminates to the west at Wilson Avenue and the 24th Street Trolley/Transit Station. W. 22nd Street is a bus route

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64 between Wilson Avenue and Hoover Avenue. Curb, gutter and sidewalks are provided on both sides of the street. Parallel parking is provided on both sides of the street. The speed limit is 25 mph. Existing ADT is approximately 2,400 vehicles.  W. 24th Street/Mile-of-Cars Way
W. 24th Street/Mile-of-Cars Way is a four-lane Arterial between Interstate 5 and National City Boulevard with a curb-to-curb width of 64 feet. W. 24th Street/Mile-of-Cars Way provides direct access to Interstate 5 and connectivity to the 24th Street Trolley/Transit Station via Wilson Avenue. Access to the Sweetwater River Bikeway is provided from W. 24th Street/Mile-of-Cars Way/Bay Marina Drive via Marina Way, located west of Interstate 5. W. 24th Street/Mile-of-Cars Way is a bus route with several bus stops. Curb, gutter and sidewalks are provided on both sides of the street. On-street parking is prohibited. The speed limit is 35 mph. Existing ADT is approximately 19,200 vehicles.

North-South Streets
 Wilson Avenue
Wilson Avenue is a two-lane Collector between Civic Center Drive and W. 22nd Street with a curb-to-curb width of 52 feet. Wilson Avenue provides direct access to the 24th Street Trolley/Transit Station. Wilson Avenue is a bus route between W. 18th Street and W. 22nd Street. Curb, gutter and sidewalks are provided on both sides of the street.

Parallel parking is provided on both sides of the street. The speed limit is 35 mph.

Existing ADT is approximately 3,200 vehicles.

Wilson Avenue north of W. 24th Street/Mile-of-Cars Way is a two-lane Collector for one block, providing direct access to the Adult Education Center. Curb, gutter and sidewalks are provided on both sides of the street. Parallel parking is provided on the east side of the street. The speed limit is 25 mph.

Wilson Avenue between the Adult Education Center and W. 22nd Street transitions to a single-lane, one-way street northbound. Curb, gutter and sidewalks are provided on both sides of the street. Parking is prohibited on both sides of the street. The speed limit is 25 mph.
 Harding Avenue
Harding Avenue is a two-lane local street between W. 11th Street and W. 20th Street with a curb-to-curb width of 52 feet. Harding Avenue provides direct access to Kimball School and connectivity to Paradise Creek Park via W. 19th Street. Harding Avenue is a bus route between W. 18th Street and W. 20th Street with a bus stop adjacent to Kimball School. Curb, gutter and sidewalks are provided on both sides of the street. Angled parking is provided on the west side of the street and parallel parking is provided on the east side. The speed limit is 25 mph. Existing ADT is less than 2,000 vehicles.  Coolidge Avenue

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65 Coolidge Avenue is a two-lane local street between W. 9th Street and W. 18th Street with a curb-to-curb width of 52 feet. Coolidge Avenue provides direct access to Kimball School. Curb, gutter and sidewalks are provided on both sides of the street. Angled parking is provided on the west side of the street and parallel parking is provided on the east side. A Class II Bike Lane is provided on the east side of the street between Civic Center Drive and W. 18th Street for northbound travel. The speed limit is 25 mph.

Existing ADT is less than 2,000 vehicles.
 Hoover Avenue
Hoover Avenue is a two-lane local street between W. 8th Street and W. 18th Street with a curb-to-curb width of 52 feet. Curb, gutter and sidewalks are provided on both sides of the street. Angled parking is provided on the east side of the street and parallel parking is provided on the west side. The speed limit is 25 mph. A Class II Bike Lane is provided on the west side of the street between Civic Center Drive and W. 18th Street for southbound travel. Paradise Creek intersects Hoover Avenue just south of W. 18th Street, preventing vehicular connectivity to the south. At this location pedestrians have direct access to Paradise Creek Park via a pedestrian path/boardwalk. Existing ADT is less than 2,000 vehicles.

Hoover Avenue is a two-lane local street between Paradise Creek and W. 22nd Street with a curb-to-curb width of 52 feet. Curb, gutter and sidewalks are provided on both sides of the street. Parallel parking is provided on both sides of the street. The speed limit is 25 mph. Existing ADT is less than 2,000 vehicles.

Hoover Avenue is a four-lane Collector between W. 22nd Street and W. 24th Street/Mileof-Cars Way with a curb-to-curb width of 64 feet. This segment of Hoover Avenue is a bus route. Curb, gutter and sidewalks are provided on both sides of the street. Parallel parking is provided on both sides of the street. The speed limit is 30 mph. Existing ADT is approximately 3,000 vehicles.
 Roosevelt Avenue
Roosevelt Avenue is a two-lane local street between W. Plaza Boulevard and W. 16th street with a curb-to-curb width of 52 feet. Curb, gutter and sidewalks are provided on both sides of the street. Roosevelt Avenue is a bus route north of Civic Center Drive.

Angled parking is provided on the east side of the street and parallel parking is provided on the west side. The speed limit is 25 mph. Paradise Creek intersects Roosevelt Avenue between W. 16th Street and W. 18th Street, preventing vehicular and pedestrian access. However, connectivity is provided via West Avenue beginning at the intersection of Roosevelt Avenue & W. 16th Street and continuing southeast to the intersection of National City Boulevard & W. 18th Street. Existing ADT is approximately 3,100 vehicles.

Roosevelt Avenue is a two-lane local street between W. 18th street and W. 22nd Street with a curb-to-curb width of 64 feet. Curb, gutter and sidewalks are provided on both sides of the street. Angled parking is provided on both sides of the street. The speed limit is 25 mph. Existing ADT is less than 2,000 vehicles.  National City Boulevard

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66 National City Boulevard is a four-lane Arterial between W. Plaza Boulevard and W. 24th Street/Mile-of-Cars Way with a raised, landscaped median and a curb-to-curb width of 70 feet. National City Boulevard is a bus route with several bus stops. Curb, gutter and sidewalks are provided on both sides of the street. Time-restricted parallel parking is provided on both sides of the street. The speed limit is 35 mph.

Westside’s existing circulation system is illustrated in Figure 5.1 and the existing transit network in Figure 5.2.

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69 5.2 Community Concerns
Westside’s roadway system has essential components of a vibrant neighborhood to encourage optimal use of the non-vehicular transit options such as walking, bicycling, trolley and bus service. Due to road widths, accessibility to freeway on and off ramps, and the mix of residential and industrial uses, conflicts do occur. At the community meetings, residents expressed concern to the excessive number of vehicles traveling through the community, high speed volumes, and double-parking. Other concerns related to traffic, parking and roadway design include:
 Excessive vehicle and truck traffic from the industrial and auto-related businesses along Wilson Avenue.
 Cross-town traffic taking advantage of the I-5 underpasses at West 18th Street, past Kimball School, at speeds greater than the speed limit.  Excessive speeds on local streets that feed to or from freeway ramps.  Reliance on yield-signs that results in concern for potential accidents.  Lack of available on-street parking for residents due to on-street parking and double parking of commercial uses.
 Limited lines-of-sight from on-street truck parking.
 Excessive street widths, which encourage speeding and expose pedestrians to traffic for longer than necessary when crossing streets.
 Limited number of crosswalks to encourage walking.
 Limited number of street lights.
 Need for sidewalks repair.

While the circulation system serves vehicle travel well, the conditions noted above does little to encourage walking and bicycling. This in turn affects transit accessibility since people often rely on walking and bicycling for a portion of transit trips. Creating a neighborhood where walking and bicycling is encouraged is one of the key components of this plan.

5.3 Circulation Goals
Circulation and parking plans for the Westside are premised on six goals developed to address specific concerns expressed by during the public workshops and with the Code Conformance Committee. Each of these goals further the Vision and Guiding Principles of the Westside Plan.

Goal 5.1: Make walking and bicycling safe and enjoyable by reducing sidewalk hazards, installing bicycle lanes, lighting, and landscaping along pedestrian paths and bicycling routes to the downtown, transit station, school, parks, and community facilities.

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70 Goal 5.2 Improve traffic safety by integrating traffic calming methods that will reduce traffic speeds.

Goal 5.3 Allow flexible parking standards for new development while ensuring adequate parking is available for existing neighborhoods.

Goal 5.4 Create attractive pedestrian-oriented corridors that will instill a sense of community and identity.

Goal 5.5 Improve conditions for children and other community members walking and bicycling to Kimball School, Paradise Creek Educational Park, and the Civic Center Drive mixed-use center.

Goal 5.6 As part of a transit-oriented development proposed within and surrounding the Public Works Yard, provide opportunities for residents to use multi-modal transit – walk, bike, bus, and/or trolley - to employment, recreation, and school.

5.4 Implementation Strategies
In order to achieve these goals, it is important that implementation strategies are prepared. The following strategies are intended to work in concert with one or more of the goals expressed above:

Strategy 5.1 Implement traffic calming methods to slow driving speeds and improve pedestrian friendliness and safety. Measures may include pedestrianscaled lighting, curb bulb-outs, angled parking, landscaping, and street furniture.

Strategy 5.2 Provide street trees and landscaping along street frontages as a measure to buffer pedestrians from vehicles.

Strategy 5.3 Install decorative streetlights that offer community character that is consistent with the historical development of Westside.

Strategy 5.4 Install streetscape improvements on Coolidge Avenue and West 18th Street as a priority to reduce traffic speeds and increase pedestrian safety for Kimball School.

Strategy 5.5 Install streetscape improvements along West 14th Street.

Strategy 5.6 Install bike lanes and bike routes with appropriate bikeway signage, including “Share the Road” signs consistent with the plan.

Strategy 5.7 Conduct a comprehensive traffic study addressing local intersection control (i.e., use of stop signs and yield signs to manage traffic movements), with an emphasis on predictability, hazard management, and pedestrian safety.

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71 Strategy 5.8 Enforce parking standards and employ adequate parking for new development to ensure sufficient on-site parking and will not rely on onstreet parking.

Strategy 5.9 Increase the supply of on-street parking by converting parallel parking to angled parking where sufficient street rights-of-way widths exist.

Strategy 5.10 Increase on-street parking by reducing the number of industrial businesses that store cars on the street in the residential zone through a parking management program.

Strategy 5.11 Direct through truck traffic around the Westside neighborhood with appropriate signage.

Strategy 5.12 Consider closing Hoover Avenue south of 18th Street to expand the pedestrian connection and create park space for more active recreational purposes.

Strategy 5.13 Pursue grant funds for installation of sidewalks repair, accessibility, traffic calming measures, decorative street lighting, and landscaping.

Strategy 5.14 Improvement crosswalks and intersections within the Plan Area and pedestrian paths in the alleyways to enhance the pedestrian environment and encourage pedestrian mobility.

Strategy 5.15:Install traffic calming measures to improve pedestrian friendliness, safety and provide visual interest to slow motorist traffic with pedestrian-scaled lighting, curb bulb-outs at unsignalized crosswalks, and roundabouts.

Strategy 5.16 Repair and replace existing sidewalks as necessary to improve walkability and provide curb ramps for persons with mobility impairments.

Strategy 5.17 Install curb ramps for persons with mobility impairments.

Strategy 5.18 Improve and maintain existing bus stop locations by providing curbside bus stops with appropriate no parking zones.

Strategy 5.19 Install wider sidewalks where appropriate to allow for street trees, bus shelters or benches.

Strategy 5.20 Requiring sufficient on-site parking for new businesses and residential development by applying the National City parking standards as set forth in Chapter 18.58 of the Municipal Code.

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72 5.5 Traffic Calming and Streetscape Enhancements
As previously stated, the Westside Specific Plan Area forms a grid system with square blocks and standard north-south and east-west oriented streets. While a grid system provides both drivers and pedestrians multiple routes between origins and destinations, conflicts may occur due to cut-through traffic and the need for pedestrians to cross through many intersections along a given walking route, as most intersections are spaced approximately every 330 feet.

In an effort to buffer pedestrians from vehicles, encourage walking, biking and transit use, and reduce vehicle speeds and cut-through traffic, the concept of “Community Corridors” has been implemented (See Figure 5.3). Traffic calming measures include, but are not limited to: a) corner bulb-outs at specific intersections to narrow the roadway width to reduce vehicle speeds and pedestrian crossing distances, b) angled parking and wider sidewalks to provide a larger buffer between vehicles and pedestrians and narrower travel lanes to reduce speeds, c) striping enhancements at crosswalks, and d) flashing beacons to improve driver awareness of school zones and reduce vehicle speeds.

The following four corridors, which provide walking and/or biking opportunities between residences and major points of attraction such as Kimball School, Paradise Creek Park, the 24th Street Trolley/Transit Station and Downtown National City, have been classified as Community Corridors:
 Coolidge Avenue between W. Plaza Boulevard and W. 18th Street  Wilson Avenue between Civic Center Drive and W. 24th Street/Mile-of-Cars Way  Civic Center Drive between Wilson Avenue and Roosevelt Avenue  W. 18th Street between Wilson Avenue and National City Boulevard In order to create a system of identifying elements that reflects the existing and future development patterns, the system of streets has been classified into three street types:

Residential Corridor, Mixed-use Corridor, and Transit Corridor.  Residential Corridor
The Residential Corridor consists of a 14-foot wide pedestrian zone on both sides of the street with sidewalks and landscaped buffers, street trees and lighting. The roadway cross-section consists of angled parking on one side of the street and parallel parking on the other. (See Figure 5.4)
 Mixed-use Corridor
The Mixed-use Corridor consists of a 14-foot wide sidewalk on both sides of the street with street trees and lighting. The roadway cross-section consists of angled parking on one side of the street and parallel parking on the other. (See Figure 5.5)

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73  Transit Corridor
The Transit Corridor consists of a 14-foot wide sidewalk on both sides of the street with street trees and lighting. The roadway cross-section consists of parallel parking and bike lanes on both sides of the street. (See Figure 5.6)
Although all of the roadways throughout the Plan Area are targeted for streetscape improvements, development of the Community Corridors will create visible enhancements and a Community immediate identity through unified street themes such as historic banners/signs decorative street lighting, benches, tree-lined streets, wider sidewalks and upgrades to pedestrian curb ramps. Improvements will be completed through grant funds such as Safe Routes to School, private development projects, the City’s Capital Improvement Program (CIP), and the formation of benefit-assessment districts.

Development of the Community Corridors will illustrate the City’s commitment to improvements and reinvestment in the area. Initial investment will help spur additional public and private investment and reinvestment in the Plan Area, to help achieve other Plan goals, such as attracting neighborhood-serving retail, and additional housing opportunities.

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79 5.6 Parking Management Strategies
One of the primary concerns from the Community is lack of available on-street parking due to vehicle storage from auto-related industries and residents having multiple vehicles per unit. Although there are approximately 1,500 marked and unmarked onstreet parking spaces within the Plan Area, most blocks suffer from an 80 to 90 percent occupancy rate during peak periods of parking demand. To address Community concerns regarding existing conditions and begin to plan for future redevelopment, the following parking management strategies will be implemented:

1. Increase parking supply by striping angled parking on select east-west local streets.

2. Implement a comprehensive residential permit parking district to combat vehicle storage.

3. Reduce off-street parking ratios to encourage higher-density, mixed-use development to support the Westside Specific Plan’s land use strategy.

5.6.1 Increase Parking Supply
Based on parking surveys of the Plan Area, the following streets have been identified to receive angled parking on one side of the street.
 W. 11th Street between Harding Avenue and Roosevelt Avenue  W. 12th Street between Harding Avenue and Roosevelt Avenue  W. 14th Street between Wilson Avenue and Hoover Avenue  W. 15th Street between Wilson Avenue and Roosevelt Avenue  W. 16th Street between Wilson Avenue and Roosevelt Avenue  W. 17th Street between Wilson Avenue and Hoover Avenue These streets have the same roadway cross-section and will be striped for consistency with the existing north-south streets that currently have angled parking on one side. The conversion of parallel parking to angled parking on one side of the street for each of these blocks will result in a net increase of approximately 160 parking spaces for the Plan Area.

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82 Implement Residential Permit Parking District for Plan Area Currently four residential parking permit districts have been established within the Westside Specific Plan Area. Current City Council Policy requires a minimum of 70 percent of the vehicles parking in a proposed district to consist of “commuter” vehicles (vehicles registered to owners who live outside of the neighborhood). The existing parking districts are described below:
 Residential Permit Parking District C
District C includes Hoover Avenue between 9th Street & 11th Street. Only vehicles displaying Area C permits are permitted to park between the hours of 7:00 AM and 7:00 PM, Monday through Friday.
 Residential Permit Parking District D
District D includes Roosevelt Avenue between 11th Street and 12th Street. Only vehicles displaying Area D permits are permitted to park between the hours of 7:00 AM and 7:00 PM, Monday through Friday.
 Residential Permit Parking District E
District E includes Roosevelt Avenue between Civic Center Drive and 14th Street. Only vehicles displaying Area E permits are permitted to park between the hours of 7:00 AM and 7:00 PM, Monday through Friday.
 Residential Permit Parking District J
District J includes Hoover Avenue between 14th Street & 15th Street. Only vehicles displaying Area J permits are permitted to park.

Since the issues of vehicle storage from auto-related industries and residents having multiple vehicles per unit extends outside of these “smaller” districts, a “pilot” parking program will be implemented to cover a larger geographic area within Westside.

Comprehensive case studies of residential permit parking district programs and polices within the San Diego Region and across the United States were performed. Three distinct categories of parking permit districts were summarized from the case studies:

Commuter Lots
In this type of parking district, on and off-street parking facilities are designated as preferential parking for commuters. Only commuters with the parking permits issued through their place of work may park in these parking spaces. If an employee no longer works for the company, the permit is no longer valid for use.

Limited Time-Restricted Parking
In this type of parking district, parking is restricted to one or two-hours during the daytime (8:00 AM – 6:00 PM for example). Vehicles with permits may park at anytime.

However, vehicles without permits may only park for one or two-hours during the period of parking restriction.

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83 Extended Time-Restricted Parking
In this type of parking district, no parking is allowed without a permit during the daytime (8:00 AM – 6:00 PM for example). Vehicles with permits may park at anytime. However, vehicles without permits may not park during the period of parking restriction. This option represents the City’s current residential permit parking program.

The “pilot’ program will include further evaluation and input from the Community on all three options. Items such as geographic boundaries within the Plan Area, number of permits per dwelling unit/business, cost per permit, display of permits, administration and enforcement of the program, etc. will be reviewed based on the preferred option or combination of options.

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84 Chapter 6 Infrastructure and Public Services
This chapter provides information about water, sewer, and stormwater in the Specific Plan Area as well as the availability of public services.

6.1 Infrastructure and Public Service Goals
The following goal guides planning for infrastructure and public services:

Goal 6.1 Adequate infrastructure and utilities to serve existing and future development and, when reasonable upgrade the utilities to City standards.

6.2 Implementing Strategies
The following series of strategies serve to implement the Infrastructure and Public Services goal:

Strategy 6.1 Coordinate infrastructure and public service planning with envisioned land use changes in the Westside.

Strategy 6.2 Ensure adequate capacity in infrastructure and public services to meet the demands of existing and planned development.

Strategy 6.3 Review new development applications to ensure that adequate sewer collection facilities will be available to serve the project. The project applicant shall construct necessary facilities as determined by the City Engineer prior to the issuance of occupancy permits.

Strategy 6.4 Coordinate with Sweetwater Authority on completion of a water service analysis for the Westside Specific Plan.

Strategy 6.5 Ensure appropriate Water Utility Plans for new development are coordinated with Sweetwater Authority to ensure that adequate water service will be provided.

Strategy 6.6 Consistent with City standards, all utilities shall be placed underground when new development occurs.

Strategy 6.7 Consider instituting a lighting and landscape maintenance district to ensure ongoing maintenance of streetscape.

Strategy 6.8 Pursue grant funds for improving and upgrading existing public facilities.

6.3 Infrastructure
As part of Specific Plan preparation, an initial assessment of water, sewer, and stormwater infrastructure was completed. The assessment included discussions with service providers and review of available planning documentation.

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March 2010
85 6.3.1 Water
Sweetwater Authority provides water service to the Specific Plan Area. Major existing water lines serving the Westside are located in the National City Boulevard, Wilson Avenue, Plaza Boulevard, West 12th Street, West 16th Street, West 22nd Street, and Mile of Cars Way corridors.

Sweetwater Authority performs annual water demand studies to anticipate water use within the service area. These studies consider the anticipated population growth within the service area, and identify water supplies that will support community needs. Results are incorporated into the Sweetwater Authority’s Urban Water Management Plan. The growth anticipated as part of this Specific Plan has yet to be analyzed in Sweetwater Authority’s water demand projections.

The Sweetwater Authority has indicated that a water service analysis is required for the Specific Plan. Although capacity improvements may be necessary, the Sweetwater Authority has indicated that they will supply water service to new development in the Westside.

6.3.2 Sewer Service
The City of National City’s sewer system serves the Specific Plan Area. The Sanitary Sewer and Storm Drain Division operate the local sewer lines that connect to the City of San Diego Metropolitan Wastewater Department (Metro) treatment services. The City is allowed to contribute 7.5 million gallons per day of wastewater to the Metro system.

As of 2003, 5.67 million gallons of wastewater were generated daily from National City were. The City is currently updating their Sewer Master Plan, which sets forth capacity upgrades to local lines and facilities to anticipate increased flows from planned development and growth.

6.3.3 Stormwater System
The City manages the local stormwater drainage system. Underground stormwater facilities are located in the Specific Plan Area in the Civic Center Drive, West 18th Street, West 19th Street, and West 24th Street corridors. With the exception of the Civic Center Drive line, the stormwater drainage system connects to Paradise Creek drainage. Water in this drainage is conveyed via an underground channel to San Diego Bay by way of Paradise Marsh.

Since Westside is primarily covered with impervious surfaces, the amount and rate of runoff generation are not anticipated to increase as new development occurs under the Specific Plan. Grading plans will be required for project components involving grade modifications and subterranean structures. At this time, further study of stormwater flows and identification of needed improvements can be evaluated as determined necessary by the City Engineer.

Westside Specific Plan
Chapter 6 – Infrastructure and Public Services
March 2010
86 6.4 Public Services

6.4.1 Schools
The National City School District serves the Specific Plan Area. In May of 2008, their enrollment was 5,800 in its kindergarten-to-6th-grade schools. The Specific Plan Area is located within the boundaries of the Kimball School service area. Kimball School educates children from kindergarten to 6th grade and has approximately 424 students.

Although the school district’s enrollment has declined from 6,700 in 2004, Kimball School enrollment has increased slightly.

Sweetwater Union High School enrollment, as of October 2007, including the 360 adult school students, was 2,818 students. National City Middle School provides education to 794 students.

The Westside is home to the Southwestern College Higher Education Center located along National City Boulevard, between Plaza Boulevard and 8th Street, which offers undergraduate preparatory classes to the community. The Center enrolls over 1,000 students per semester and offers over 100 general education courses leading to an associate’s degree. There are also classes that provide occupational skills for employment, such as dental hygiene or computer programming. The campus is a single building located on National City Boulevard.

Table 6.1 lists the schools serving the Specific Plan Area and their locations.

Table 6.1
Existing Schools and Locations
School Name Address
Elementary Schools
Kimball School 302 West 18th Street
Middle Schools
National City Middle School 1701 D Avenue
High Schools
Sweetwater High School 2900 Highland Avenue
National City Adult School 517 West 24th Street
Colleges
Southwestern College Higher Education Center 880 National City Boulevard Source: National School District, www.nsd.us; Sweetwater Union High School District, www.suhsd.k12.ca.us; Southwestern Community College District, www.swc.cc.ca.us.

Westside Specific Plan
Chapter 6 – Infrastructure and Public Services
March 2010
87 6.4.2 Parks
National City has four City parks that include picnicking and barbecuing areas; sports centers, aquatics facilities, fitness facilities, playgrounds, community centers, a golf course, and six recreational centers. Kimball Park, a 15.4-acre park, is located within walking distance of Westside. Facilities offered at Kimball Park include the Martin Luther King Jr. Community Center, ball fields, picnicking, the arts center, and the Library. Kimball Senior Center is located across Kimball Park along D Avenue and the Boys and Girls Club is immediately to the south.

Casa de Salud is a community center located at 1402-08 Harding Avenue, within the Westside area. It offers space for community events, meeting space, and Westside Neighborhood Council meetings.

The Table below reflects the parks and open space available to Westside residents.

Table 6.2
Parks and Open Space
Acres Square Feet Type Description

1.22 53,241 COM Boys and Girls Club

0.85 36,964 COM Cultural Arts Center

2.03 88,514 COM Library

1.15 50,148 COM MLK Center

1.47 63,908 COM Stein Farm

38.67 1,684,487 OS Paradise Marsh

2.40 104,621 OS Paradise Marsh (Bannister Steel)
213.82 9,314,109 OS Salt Flats

13.69 596,543 OS
Sweetwater River
(USS Midway Museum)

9.23 401,909 OS Sweetwater River Channel

42.03 1,830,815 OS Sweetwater River Bikeway

2.94 128,255 PARK Boat Launch / Aquatic Center

22.87 996,158 PARK El Toyon Park

43.89 1,912,052 PARK Golf Course

21.37 930,952 PARK Kimball Park

19.23 837,777 PARK Las Palmas Park

0.21 9,237 PARK Morgan Square Fountain

2.06 89,625 PARK Paradise Creek Educational Park

3.56 154,916 PARK Pepper Park

2.25 97,883 PARK Sweetwater Heights Centennial Park
COM = Community
OS = Native Open Space and trails
PARK = Active and Passive Recreation

6.4.3 Police Services
Police services are currently provided by the National City Police Department. As of May 2008, the Department has 92 sworn officers who are assigned to investigation and

Westside Specific Plan
Chapter 6 – Infrastructure and Public Services
March 2010
88 administrative services. The Department has a SWAT team and provides animal control services and traffic and parking enforcement. The station is located at 1200 National City Boulevard, at the intersection of 12th Street. Current response times for a fire service call to the downtown area are less than five minutes.

6.4.4 Fire Services
The National City Fire Department provides fire control, emergency medical service, rescue, and fire prevention and education to the Westside. The station at E. 16th Street would typically serve the Westside. Current response time for a fire service call is 4 minutes or less.

The Department maintains two stations in National City:
 Fire Station 15 is located at 2333 Euclid Avenue
 Fire Station 34 is located at 333 East 16th Street
The National City Fire Administration is located at City Hall, 1243 National City Boulevard.

6.4.5 Emergency Medical Services
Paradise Valley Hospital offers emergency services located at 2400 E. Fourth Street, each of Interstate 805. Founded in 1904, Paradise Valley Hospital is the South Bay’s oldest hospital, the second oldest hospital in San Diego County, and the largest employer in National City.

Currently, the 301-bed, acute care hospital offers a nationally acclaimed Obstetrics program, the South Bay’s only life saving 64-slice CT scanner, a renowned rehabilitation center, the only Hyperbaric Medicine program in the South Bay and distinguished Behavioral Health services. Paradise Valley Hospital also offers 24-hour Emergency Services, Cardiac Catheterization Lab, comprehensive surgical services, Inpatient Medical and Surgical Center, and Paradise Senior Health Center.

Westside Specific Plan
Chapter 7 - Implementation
March 2010
89 Chapter 7 Implementation

7.1 Plan Adoption
Adoption of this Specific Plan will necessitate preparation and certification of an Environmental Impact Report pursuant to the California Environmental Quality Act (CEQA), followed by adoption of the Specific Plan and any amendments to the General Plan and Land Use Code necessary to maintain consistency. These amendments will include designating the area as a Specific Plan overlay with multiple new land use designations as well as modification of the General Plan/Zoning Map to apply these designations within the boundaries of the Westside Specific Plan Area.

In addition, various sections of the General Plan will need to be modified or deleted. The following sections would be deleted:

7.1.1 Economic Development (Chapter V)
Industrial, Light Manufacturing/Residential (ML/R): Applied to Westside area, reflects the location of manufacturing and commercial business among residences, permits low intensity, high quality industrial activities, along with office and institutional development, where compatible with adjacent uses. This designation also encourages improvement and expansion of existing housing and permits new construction of single-family homes (one per lot). Minimum lot size for new subdivisions is 5,000 sq. ft. (Industrial, pp 38) Goal 20, Continue to apply recently adopted standards of the Light Manufacturing Zone, including discretionary review (conditional use permits), for proposed commercial and industrial development in the Westside area (Implementation pp 41).

The following sections would be modified.

General Plan Map – Recreation (pp 47)
The Open Space (OS) overlay designation for the public owned properties adjacent to Paradise Creek will need to be reduced to reflect the Westside land use map.

7.1.2 Land Use Code
Residential Zones, Chapter 18.14 must be amended to include residential zone RS-4 to provide for single-family homes on lots with a minimum lot size of 2,500 square feet within the Westside Specific Plan area.

Commercial Zones, Chapter 18.16 must be amended to reflect land use list contained in the specific plan, as Appendix A. Additionally, the increased yard requirements adjacent to a residential zone shall be modified.

Industrial (Manufacturing) Zones, Chapter 18.18 must be amended to eliminate the ML/R zone that will no longer be a zone within the city.

Lots, Chapter 18.56 must be amended to allow for 2,500 square foot parcels with minimum widths of 25 feet within the RS-4 zone.

Westside Specific Plan
Chapter 7 - Implementation
March 2010
90 Off-Street Parking and Loading, Chapter 18.58 would be amended to reflect the parking standards provided in Chapter 5 of this plan.

Section 18.58.240 would be amended to include the RS-4 zone and the requirement for two (2) parking spaces within an enclosed garage for each new single-family residence, with no increase in parking spaces based on the number of bedrooms.

Section 18.58.290 Section 18.58.290 Schedule of parking requirements – Business and commercial uses would remove the requirement for a minimum of 10 parking spaces for eating places.

Mixed Use, Chapter 18.140 would be revised to remove the requirement for a CUP in certain instances as referenced in Chapter 4 and Appendix A and would include the MCR-1 and MCR-2 zoning descriptions.

7.2 Permit Processing
Individual development projects within Westside Specific Plan Area are subject to review and approval of subsequent permits and entitlements including subsequent environmental review under CEQA. Application and processing requirements shall be in accordance with the City’s Land Use Code and other regulations, unless otherwise modified by the Specific Plan. All subsequent development projects, public improvements, and other activities shall be consistent with this Specific Plan and all applicable City of National City policies, requirements and standards. In acting to approve a subsequent project or permit, the City may impose conditions as are reasonable and necessary to ensure that the project is in compliance with the Specific Plan and all applicable plans and regulations.

7.3 Specific Plan Amendments and Revisions
Any future change to the Specific Plan would require approval of a Specific Plan Amendment. Specific Plan Amendments are processed in the same manner as the initial Specific Plan adoption, requiring application submittal, payment of processing fee, potential for additional environmental review and amendments to the certified Environmental Impact Report, review and recommendation by the Planning Commission and final action by the City Council.

7.4 Public Improvement Financing
The Specific Plan identifies a variety of public improvements intended to enhance neighborhood livability and safety and to accommodate any increased service needs as a result of new development. Potential improvements may include:

1. Streetscape and mobility improvements within community corridors;

2. Possible water, wastewater, and stormwater capacity improvements;

3. Expansion of the restoration and interpretive trail within the Paradise Creek Corridor and expansion of Paradise Creek Educational Park;

Westside Specific Plan
Chapter 7 - Implementation
March 2010
91 4. Construction of a new community center and park at Wilson Street and 14th Street; and

5. Installation of bicycle facilities including bicycle lanes and bicycle parking.

Implementing improvement projects will require varying levels of funding. A variety of funding mechanisms are available depending on the nature of the improvement project:
 Institution of impact fees for new development.
 Requiring certain public improvements as part of new development.  Dedicating park fund fees per Municipal Code Chapter 4.50, Building Construction Fees for use within the Paradise Creek and surrounding area.  Establishing community benefit districts, such as property-based improvement and maintenance districts for streetscape, lighting, sidewalk improvements, etc.  Using tax increment funds generated by the Redevelopment Agency.  Applying for grants from the state and federal government, nonprofit organizations, and private benefactors for park improvements along Paradise Creek, streetscape and pedestrian improvements, and traffic calming measures.

Westside Specific Plan
March 2010
X = Permitted Use
C = Requires approval of a Conditional Use Permit
- = Not Permitted Use
*ADUs and JADUs permitted per Municipal Code Sections 18.30.380 and 18.30.390 xcii

APPENDIX A
Westside Specific Plan
Land Use
Group No
Use # Use Group1 Reference
Zones
RS-4 MCR-1 MCR-2 CL IC
MixedUse
Overlay
OSR
1 Area wide permitted uses – As
noted below 18.104.050 -
Arboretum X
Crop Raising X X X - X X X
Drainage Improvements X X X X X X X
Open Space X X X X X X X
Public Utility & Transmission Lines X X X X X X X
2 Area wide conditional uses –
Those uses as noted below 18.104.060 -
Adult Day Health Care Center - C C C - C -
Athletic Field - - - - X - X
Auditorium - C C C C C -
Dormitories - C C C
Head Start Program - C C C C C
Park – Public or Private X X X X X X X
Post Office - X X X X X -
Public Works Yard - C C C - C -
Religious Services C C C C C C C
Schools & Colleges - C C C C C -
Transportation Terminals - C C C C
3 Animal Husbandry 18.104.070 - - - - - - -
4 Automotive and allied services 18.104.080 – - - - - - - Auto Detailing - - - - - - -
Auto Electronics Installation &
Repair - - - - - - -
Auto Electronics Shop - - - - - - -
Auto Glass Shop - - - - - - -
Auto Muffler Shop - - - - - - -
Auto Parts & Accessories Sales - X X X - X -
Auto Parts Exchange - - - - - - -
Auto Pawn Lot - - - - - - -
Auto Radiator Shop - - - - - - -

Westside Specific Plan
March 2010
X = Permitted Use
C = Requires approval of a Conditional Use Permit
- = Not Permitted Use
*ADUs and JADUs permitted per Municipal Code Sections 18.30.380 and 18.30.390 xciii

APPENDIX A
Westside Specific Plan
Land Use
Group No
Use # Use Group1 Reference
Zones
RS-4 MCR-1 MCR-2 CL IC
MixedUse
Overlay
OSR
Auto Repair, Minor & Major - - - - - - -
Auto Repair Mobile - X X X - X -
Auto Sales and Leasing - C C C - C -
Auto Sales, Used - C C C - C -
Auto Services Office (Insurance,
Financing, etc.) X X X X
Auto Smog Emission Station - - - - - - -
Auto Static Inspection - - - - - - -
Auto Storage - - - - - - -
Auto Towing (Dispatch Only - - - - - - -
Auto Transmission Repair - - - - - - -
Auto Upholstery - - - - - - -
Boat Sales & Leasing - C C C - C -
Camper Sales, Leasing, Rental - C C C - C -
Car Wash (Accessory Gas Pumps
Permitted) - - - - - - -
Drive-In Tune up - - - - - - -
Gas Sales - - - - - - -
Mobile Home Sales C C C - C -
Motorcycle Sales Leasing, Rental
Repair - - - - - - -
Trailer Sales, Leasing, Rental,
Repair - - - - - - -
Truck Sales, Leasing, Rental
Repair - - - - - - -
Used Car Reconditioning - - - - - - -
Van Conversion Service - - - - - - -
Auto Painting with Accessory
Body & Fender Work - - - - - - -
Auto Repair Minor Accessory to a
Department Store - C C C - C -
Liquefied Petroleum Gas
Dispensing - - - - - - -
5 Amusement and entertainment,
Uses as permitted below, subject
to CUP as noted

18.104.090 – C C C - C -
Amusement Arcade - C C C - C -
Bar C C C - C -
Burlesque, Pantomine, and
Modeling Shows - - - - - - -
Cabarets - - - - - - -

Westside Specific Plan
March 2010
X = Permitted Use
C = Requires approval of a Conditional Use Permit
- = Not Permitted Use
*ADUs and JADUs permitted per Municipal Code Sections 18.30.380 and 18.30.390 xciv

APPENDIX A
Westside Specific Plan
Land Use
Group No
Use # Use Group1 Reference
Zones
RS-4 MCR-1 MCR-2 CL IC
MixedUse
Overlay
OSR
Cocktail Lounge - C C C - C -
Dance Hall (Serving Alcohol) - - - - - - -
Nightclub - C C C - C -
Pool Hall/Billiard Hall - C C C - C -
Restaurant with Dancing after
Dinner Hours - X X X - X -
6 Commercial recreation indoor
Uses 18.104.100 – C C C C C -
7 Commercial recreation outdoor
- 18.104.110 – C- C C - C- -
8 Community, cultural, and public
recreational services 18.104.120 - C C C C C C
9 Dwelling, single-family*
(*Existing SFR permitted and
allowed to expand in CL, no new
Single family use permitted in
CL)

18.104.130 X X X X* X X -
10 Dwelling, two-family* 18.104.140 - X X - - X -
11 Multiple-family dwelling* 18.104.150 - X X - - X -
12 Dwelling, mobile home 18.104.160 - – -- - - – -
Transitional/Supportive Housing - X X - - X -
Group Home (up to 6 individuals) X X X - - X -
13 Eating places, other than takeout 18.104.170 _ X X X - X - 14 Drive-thru/drive-in take-out eating
places 18.104.180 – X X X - X -
15 Food processing 18.104.190 – – - - - – -
16 Gasoline service stations 18.104.200 – – - - - – -
17 Convenience goods & services 18.104.210 - X X X - X - 18 Shopping goods & services 18.204.220 - X X X - X -
19 Other goods and services except
those prohibited uses noted
below: All services permitted
shall provide storage within the
building. No exterior storage
permitted.

18.104.230 -- X X X X
Auto Electronics Installation and
Repair - - - - - - - -
Auto Transmission Repair - - - - - - - -
Car Wash - - - - - - -
Ceramic Product Sales Yard - - - - - - - -
Compressor Unit Sales & Service - - - - - - - -
Dry Cleaning Plant - - - - - - - -

Westside Specific Plan
March 2010
X = Permitted Use
C = Requires approval of a Conditional Use Permit
- = Not Permitted Use
*ADUs and JADUs permitted per Municipal Code Sections 18.30.380 and 18.30.390 xcv

APPENDIX A
Westside Specific Plan
Land Use
Group No
Use # Use Group1 Reference
Zones
RS-4 MCR-1 MCR-2 CL IC
MixedUse
Overlay
OSR
Exterminating Service - - - - - - - -
Lumber Yard - - - - - - - -
Nursery Garden Supplies - - - - - - - -
Outboard Motor Sales, Service &
Repair - - - - - - - -
Plaster Cast Figurines Sale and
Outdoor Display - - - - - - - -
Pottery and Ceramic Product
Sales Yard - - - - - - - -
Recycling Collection Center - - - - - - - -
Shipping containers Incidental to
Reverse Vending Machines with a
Licensed Recycling Facility
- - - - - - - -
Conditional Use Permit uses as
noted in Use Group 19 - - C C C - C -
20 Heavy equipment & machinery
Not permitted except as noted
below

18.104.240 – – - - - – -
Public Transit Facility - - - X - - -
21 Hotel, motel, & related services 18.104.250 – X X X - X 22 Light manufacturing - All services
noted as permitted shall provide
storage within the building. No
exterior storage permitted.

18.104.260 – X X X -- X -
Assembly - - - - - - - -
Assembly of Camper Shells - - - - - - - -
Assembly of Electronic Circuits - - - - - - -
Assembly or Packaging - - - - - - -
Auto Assembly - - - - - - -
Auto Detailing - - - - - - - -
Auto Repair, Mobile - - X X X - X -
Blacksmith - - - - - - - -
Building Materials Storage Yard &
Retail Sales - - - - - - - -
Cabinet & Carpentry Shops C C C C
Chemical Etching of
Manufactured Products - - - - - - - -
Computer Maintenance and
Installation X X X - X -
Contractor’s Storage and
Equipment Yard - - - - - - - -
Deck Systems Packaging and
Services - - - - - - - -
Delicatessen X X X - X -

Westside Specific Plan
March 2010
X = Permitted Use
C = Requires approval of a Conditional Use Permit
- = Not Permitted Use
*ADUs and JADUs permitted per Municipal Code Sections 18.30.380 and 18.30.390 xcvi

APPENDIX A
Westside Specific Plan
Land Use
Group No
Use # Use Group1 Reference
Zones
RS-4 MCR-1 MCR-2 CL IC
MixedUse
Overlay
OSR
Diving (Commercial) C C C - C -
Diving Equipment Mfg - - - - - - -
Electrical Appliance Assembly -- C C C - C -
Equipment Repair - C C C - C -
Exterminating Service - - - - - - - -
Farmers Market - C C C C C
Film Processing - X X X - X -
Hydraulic Repair, Marine &
Commercial - - - - - - -
Machine Shop - - - - - - -
Mail Order House - - - - - - -
Manufacture 18.104.260- - - - - - - -
Mattress Repair & Recovering - - - - - - -
Metal Polishing - - - - - - -
Packaging - - - - - - -
Painting of Small Parts & Metal
Coating - - - - - - -
Pharmaceutical Drugs Packaging - - - - - - -
Plastic Fabricating & Extrusion - - - - - - -
Pneumatic & Hydraulic Control
Systems Repair - - - - - - -
Refuse Disposal Truck &
Container Facility - - - - - - -
Repair of Shop Equipment (Milling
Machines, Lathes, Grinders, etc.) - - - - - - -
Sheet Metal Shop - - - - - - -
Tire Rebuilding or Recapping - - - - - - -
Toiletries (Packaging) - - - - - - -
Tool & Die Shop - - - - - - -
Used Tire Sales - - - - - - -
Wholesaling, Warehousing &
Distribution 18.104.390 - - - - - - -
Welding Shop - - - - - - -
Wholesale Business Principal use
– no retail) - - - - - - -
Wholesale (in conjunction with
retail) - - - - - - -
Wood Sawing - - - - - - -
Wood Truss Fabrication & Sales - - - - - - -

Westside Specific Plan
March 2010
X = Permitted Use
C = Requires approval of a Conditional Use Permit
- = Not Permitted Use
*ADUs and JADUs permitted per Municipal Code Sections 18.30.380 and 18.30.390 xcvi

APPENDIX A
Westside Specific Plan
Land Use
Group No
Use # Use Group1 Reference
Zones
RS-4 MCR-1 MCR-2 CL IC
MixedUse
Overlay
OSR
22 All Uses noted as permitted with
a Conditional Uses would not be
permitted.

18.104.260 - - - -- - -
23 Medium manufacturing 18.104.270 – – - - - – -
24 Heavy manufacturing 18.104.280 – – - - - – -
25 Manufacturing tidelands 108.104.290 – – - - - – -
26 Mineral resource extraction and
processing 108.104.300 – – - - - – -
27 Offices and studios 18.104.310 – X X X X X -
Artist and craft studios and similar
cottage industry X X X X X -
Schools, studios and colleges
Located within an existing
building when adequate parking
can be established (as
determined by the Planning
Director)

X X X X X
28 Off-street parking 18.104.320 – X X X - X -
29 Public protection facilities 18.104.330 - C C C C C - 30 Public Utilities 18.104.340 - C C C C C -
31 Research & Development 18.104.350 - - - - - - -
32 Scrap metal processing 18.104.360 - - - - - - -
33 Signs & Outdoor Advertising 18.104.370 X X X X X X X 34 Temporary Uses – with approval
of a Temporary Use Permit 18.104.380 X X X X X X X
35 Wholesaling, Warehousing &
Distribution 18.104.390 - - - - - - -
36 Truck Transportation Facilities 18.104.400 - - - - - - - 37 Waterfront 18.104.410 - - - - - - -
38 Open Space Reserve 18.104.420 X X X X X X X
39 Open Space Reserve 18.104.430 X X X X X X X
1 Use group numbers and reference sections correspond to standard nomenclature and definitions established in Section 18.104 of the NCLUC. 2 Ground floor retail required on Civic Center Drive.

Title 18 ZONING
National City, California, Code of Ordinances Created: 2021-05-11 11:41:18 [EST] (Supp. No. 57)

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.

1 Editor'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.

Created: 2021-05-11 11:41:11 [EST]
(Supp. No. 57)

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)

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.

Created: 2021-05-11 11:41:11 [EST]
(Supp. No. 57)

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).

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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.

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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.

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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 DevelopmentPlanning 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.

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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;

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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:

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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

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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

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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)

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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

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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.

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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)

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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;

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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.

IH. 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:

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(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 Housing Authority 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

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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.

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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

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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 planned affordable housing development projects may be processed through a streamlined ministerial review process. Eligibility requirements for such projects and the applicable streamlined

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ministerial review process are detailed in Government Code Section 65913.4, as amended.Chapter18.49
paidapplicable the Planning DepartmentThe Planning DivisionThe Planning Division (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 18.12.020101, 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 a housing development projects consistent with California Government Code Section 65950, as amended. within whichever of the following periods is applicable:
(A) 180 days within certification of the Environmental Impact Report if required for the housing development project pursuant to the California Public Resources Code; or (B) 90 days within certification of the Environmental Impact Report if required for a housing development project pursuant to the California Public Resources Code; or (C) 60 days within certification of the Environmental Impact Report if required for a housing development project pursuant to the California Public Resources Code and all of the following conditions are met:
i. At least 49 percent of the proposed units are affordable to very low or low-income households. Rents for the lower income units shall be set at an affordable rent for at least 30 years. Owner-occupied units shall be available at an affordable housing cost;
ii. Prior to the application being deemed complete, the applicant provided written notice to the department processing the application that an application has been made or will be made for an allocation or commitment of financing, tax credits, bond authority, or other financial assistance from a public agency or federal agency, and that the financial assistance is necessary for the project to be affordable; iii. There is confirmation that the application has been submitted prior to the Environmental Impact Report certification; or within the timeframes specified in Government Code Section 65950(a)(4) and (5), as amended.

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32. 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.

43. 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.

45. 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.

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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.

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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.

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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 noticedays’ 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

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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.

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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.

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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.

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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.

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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. Changing the copy of a sign or mMaintenance 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;

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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.;
m. Temporary on-site banners, streamers, and pennants.

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

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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:

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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.

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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.