5.68.160 Violations – Penalties.
A. It shall be unlawful for any Person to violate any provision or fail to comply with the requirements of this chapter or any regulation adopted hereunder. Each day that a violation continues is deemed to be a new and separate offense.
B. Any Person violating any of the provisions or failing to comply with any of the requirements of this chapter or any regulation adopted hereunder shall be guilty of a misdemeanor punishable by a fine of not more than $1,000 or imprisonment for a period of not more than six months, or by both a fine and imprisonment. No proof of knowledge, intent, or other mental state is required to establish a violation. At the sole discretion of the City Prosecutor, any violation of this chapter may in the alternative be cited and prosecuted as an infraction.
C. Any condition caused or allowed to exist in violation of any of the provisions of this chapter or any regulation adopted hereunder is a public nuisance. Such violation may be abated by the City, or by the City Attorney on behalf of the people of the state of California, as a nuisance in any manner provided for in this code, including summary abatement, or otherwise provided by law or equity, including a restraining order, injunction, or any other order or judgment in law or equity issued by a court of competent jurisdiction. The City, or the City Attorney on behalf of the people of the state of California, may seek injunctive relief to enjoin violations of, or to compel compliance with, this chapter or seek any other relief or remedy available at law or equity, including the imposition of monetary civil penalties. All expenses incurred by the City in connection with any action to abate a public nuisance will be chargeable as authorized by law to the Persons creating, causing, committing, or maintaining the public nuisance.
D. An Enforcement Officer may issue administrative citations or civil penalties in accordance with Chapter 1.41 CVMC for violation of any of the provisions of this chapter or any regulation adopted hereunder. When a violation occurs, it is not required that a warning or notice to cure must first be given before an administrative citation or civil penalty may be issued. Any report where the City’s Police Department has concluded that a violation of this chapter has occurred may be submitted to the Director of Development Services for review, processing and issuance of an administrative citation or civil penalty by an Enforcement Officer.
E. Each criminal citation, administrative citation, and civil penalty issued for a violation of any provision of his chapter may be issued, levied, or assessed against one or more of: the Owner, the Permittee, the Permittee’s Agent, a Hosting Platform, the Responsible Party, the Occupant, and any other Person who caused, created, committed, or maintained the violation.
F. A violation of any provision of this chapter by any Permittee, Permittee’s Agent, Local Contact Person, Responsible Person or Occupant of a Short-Term Rental shall constitute grounds for modification of the Short- Term Rental Permit.
G. The Director of Development Services may suspend or revoke a Short-Term Rental Permit if any three major violations are issued in connection with the same Short-Term Rental Property within a continuous period of 12 months, including major violations that result from aggregating minor violations into a major violation as described in subsection (I)(1)(h) of this section. A change of Ownership shall have no effect on the accumulation of violations against the Short-Term Rental Property.
Ch. 5.68 Short-Term Rentals | Chula Vista Municipal Code Page 21 of 26 The Chula Vista Municipal Code is current through Ordinance 3588, passed December 17, 2024.
H. When a violation occurs, it is not required that a warning or notice to cure must first be given in order to impose the sanction of modification, suspension, or revocation of the Short-Term Rental Permit.
I. For purposes of this section:
1. A “major violation” consists of any of the following:
a. Operating a Short-Term Rental without securing a Short-Term Rental Permit pursuant to this chapter;
b. Exceeding Short-Term Rental Unit occupancy limitations without securing a Short-Term Rental Event Permit pursuant to this chapter;
c. Any Occupants engaging in outdoor activities on a Short-Term Rental Property between the hours of 10:00 p.m. and 9:00 a.m. that involve the use of fire pits, barbecues, swimming pools, hot tubs, spas, tennis or paddleball courts, or other similar and related improvements or play equipment, or if any Occupants engage in outdoor parties, outdoor singing, shouting, clapping or other activities generally associated with partying or if Occupants engage in any outdoor drunk or disorderly conduct during those hours;
d. The Permittee, the Permittee’s Agent and/or the Local Contact Person, failing to respond to an Enforcement Officer’s request, respond within one hour, or to reasonably cooperate in facilitating an investigation and the correction of a suspected violation of this chapter; e. The unpermitted use of a garage as a game room or for sleeping purposes at a Short-Term Rental Unit or on a Short-Term Rental Property;
f. Criminal activities by the Permittee, Permittee’s Agent, the Local Contact Person, or any Occupant on the premises; however, a minor violation shall not be deemed a criminal activity for purposes of constituting a major violation merely because any violation of this chapter may constitute a misdemeanor or a public nuisance;
g. Any other violation of this chapter determined by the City Manager to constitute a serious threat to the public health or safety of the community; or
h. Four minor violations of any type in connection with the same Short-Term Rental Unit or Short-Term Rental Property during any continuous period of 12 months.
2. A “minor violation” consists of any of the following:
a. A failure of the Permittee to obtain the signature of the Responsible Person acknowledging the rules;
b. A failure to pay the Transient Occupancy Tax (TOT) required for the Short-Term Rental; or Ch. 5.68 Short-Term Rentals | Chula Vista Municipal Code Page 22 of 26 The Chula Vista Municipal Code is current through Ordinance 3588, passed December 17, 2024.
c. Any violation of any law, ordinance, resolution, or permit condition regulating Short-Term Rental Units or Short-Term Rental Properties or any other provisions of federal, state, or local law that does not constitute a “major violation” as set forth above.
J. The City may issue an administrative citation or civil penalty for any violation of this chapter as follows:
1. First offense – not to exceed $100.00 for a minor offense and $1,000 for a major offense;
2. Second offense within any continuous period of 12 consecutive months – not to exceed $500.00 if the offense is a minor offense and $2,000 if the offense is a major offense;
3. Third and fourth offenses within any continuous period of 12 consecutive months – not to exceed $1,000 if the offense is a minor offense and $4,000 if the offense is a major offense.
4. Fifth and subsequent offenses within any continuous period of 12 consecutive months – not to exceed $1,500 if the offense is a minor offense and not to exceed $5,000 if the offense is a major offense.
K. Unless prohibited by any state or federal law, the City may issue a Hosting Platform an administrative citation or civil penalty for any violation of this chapter or the code by the Hosting Platform as follows:
1. First offense – not to exceed $500.00;
2. Second offense within any continuous period of 12 consecutive months – not to exceed $1,000;
3. Third and subsequent offenses within any continuous period of 12 consecutive months – not to exceed $2,000.
L. Whenever in this chapter any act or omission is made unlawful, it shall include causing, aiding, abetting, suffering, or concealing the fact of such act or omission.
M. The remedies specified in this section are cumulative and in addition to any other remedies available under state or local law for violation of this code.
N. Nothing in this section shall be construed as requiring the City to allow, permit, license, authorize or otherwise regulate Short Term Rental or Event activity, or as abridging the City’s police power with respect to enforcement regarding Short Term Rental or Event activity. (Ord. 3514 § 1, 2021).
5.68.170 Procedure for imposition of modification, suspension and/or revocation of short-term rental permit.
A. In addition to any other penalty authorized by law, a Short-Term Rental Permit may be modified, suspended, or revoked for any violation of this chapter or federal, state, or local law in accordance with the provisions of this section, including the following:
Ch. 5.68 Short-Term Rentals | Chula Vista Municipal Code Page 23 of 26 The Chula Vista Municipal Code is current through Ordinance 3588, passed December 17, 2024.
1. The Applicant or Agent for, and/or Owner of, the Short-Term Rental has been adversely sanctioned or penalized by the City, or any other city, county, or state, for a material violation of State or local laws or regulations related to Short-Term Rentals.
2. The Applicant or Agent for, and/or Owner of, the Short-Term Rental has conducted, facilitated, caused, aided, abetted, suffered, or concealed unlawful activity in the City.
B. The Director of Development Services shall have the authority to modify a Short-Term Rental Permit to impose additional conditions or amend existing terms or conditions in the event of any violation of any condition of the permit or any violation of this chapter or federal, state, or local law.
C. Any modification of conditions or suspension or revocation of a Short-Term Rental Permit shall be in accordance with the following procedures:
1. The Director of Development Services shall conduct an investigation whenever they have reason to believe that an Owner, Permittee, Permittee’s Agent, or Local Contact Person is in violation of, or has failed to comply with, any condition of the Short-Term Rental Permit, any requirements of this chapter or federal, state, or local law.
2. Should the investigation reveal substantial evidence to support a finding that a violation occurred, the Director of Development Services shall issue a written notice of intention to modify, suspend and/or revoke the permit. The written notice shall be served on the Responsible Person, shall specify the facts which, in the opinion of the Director of Development Services, constitute substantial evidence to establish grounds for modification, suspension and/or revocation, and state that the permit will be modified, suspended or revoked within 30 calendar days from the date the notice is given unless the Owner or Person aggrieved by the Director of Development Services’ decision files with the City Clerk, before the modification, suspension or revocation becomes effective, a request for an administrative hearing to appeal the decision pursuant to CVMC 5.68.180. (Ord. 3544 § 13, 2023; Ord. 3514 § 1, 2021).
5.68.180 Appeal procedures.
A. Any affected Person may appeal a decision of the Development Services Director modifying, denying, suspending, or revoking a Short-Term Rental Permit to the City Manager within 30 calendar days from the date the notice is given. Said appeal shall be in writing and filed with the City Clerk upon forms provided by the Development Services Department and shall specify therein that the decision of the Development Services Director was in error and identify the facts and circumstances on which the claim of error is based. If an appeal is filed within the time limit specified, it shall automatically stay proceedings in the matter until a determination is made by the City Manager. The City Manager shall set the matter for hearing before a hearing examiner and notify the parties in writing of the date and location of the hearing at least 10 business days prior to said date.
B. The fee to request an appeal pursuant to this chapter shall be in the form of a deposit, the amount to be determined by the City Manager in accordance with any applicable law based on the anticipated staff cost to conduct the hearing. If the cost of the hearing or appeal exceeds the deposited amount, the requesting party shall Ch. 5.68 Short-Term Rentals | Chula Vista Municipal Code Page 24 of 26 The Chula Vista Municipal Code is current through Ordinance 3588, passed December 17, 2024.
be responsible for payment of the additional costs incurred. If the hearing officer determines that the violation is not supported by the evidence, the entire deposited amount will be returned to the party that requested the appeal. The appeal hearing shall be conducted pursuant to CVMC 1.30.090 and 1.30.100. (Ord. 3514 § 1, 2021).
5.68.190 Effect of short-term rentals ordinance on other provisions of code.
The issuance of any Short-Term Rental Permit pursuant to this chapter shall not relieve the Owner of the obligation to comply with all other provisions of this code pertaining to the use and occupancy of the Short-Term Rental or the Short-Term Rental Property on which it is located. (Ord. 3514 § 1, 2021).
5.68.200 Promulgation of regulations, standards, and other legal duties.
A. In addition to any regulations adopted by the City Council, the City Manager is authorized to establish, consistent with the terms of this chapter, any additional administrative rules, regulations and standards governing the issuance, denial or renewal of Short-Term Rental Permits or Short-Term Rental Event Permits and any other subject determined to be necessary to carry out the purposes of this chapter.
B. Regulations shall be published on the City’s website and maintained and available to the public in the Office of the City Clerk.
C. Regulations promulgated by the City Council or the City Manager shall become effective and enforceable upon date of publication on the City’s website or, with respect to existing Short-Term Rental Permits, upon the date specified in a written notice to Permittees by the City. (Ord. 3514 § 1, 2021).
5.68.210 No vested rights.
Except in instances where constitutional principles or binding state or federal law otherwise provide, neither the provisions of the code nor any ordinances or other measures concerning Short-Term Rentals are a grant of vested rights to continue as a Short-Term Rental indefinitely, and any Short-Term Rental use and/or permits for a Short- Term Rental use are subject to provisions of other ordinances, resolutions, or other City measures concerning Short-Term Rentals that may be enacted or adopted, though such ordinances, resolutions, or other City measures may change the terms, conditions and/or duration for a Short-Term Rental use, including but not limited to those that may terminate some or all Short-Term Rental uses, with or without some period of amortization. While this recitation concerning vested rights is implicit in any uses permitted by the City, this explicit recitation is set forth to avoid any uncertainty or confusion. (Ord. 3514 § 1, 2021).
Ch. 5.68 Short-Term Rentals | Chula Vista Municipal Code Page 25 of 26 The Chula Vista Municipal Code is current through Ordinance 3588, passed December 17, 2024.
The Chula Vista Municipal Code is current through Ordinance 3588, passed December 17, 2024.
Disclaimer: The City Clerk’s Office has the official version of the Chula Vista Municipal Code. Users should contact the City Clerk’s office for ordinances passed subsequent to the ordinance cited above.
City Website: www.chulavistaca.gov
To be notified when additions, amendments, or revisions are made to the code, send your e-mail address to (be sure to add "Chula Vista Municipal Code" in the subject line) [email protected].
Hosted by General Code.
5.68.220 Effective date.
This chapter shall take effect and be in force on February 1, 2022, with the exception of CVMC 5.68.040 (Permit required), 5.68.080 (Renewals), 5.68.120 (Short-term rental event permit), and 5.68.150 (Responsibilities of hosting platforms). CVMC 5.68.040, 5.68.080, 5.68.120, and 5.68.150 shall take effect and be in force as of July 1, 2022.
Violations of the effective sections of this chapter prior to July 1, 2022, may be cause for denial of a Short-Term Rental Permit application. (Ord. 3514 § 1, 2021).
Ch. 5.68 Short-Term Rentals | Chula Vista Municipal Code Page 26 of 26 The Chula Vista Municipal Code is current through Ordinance 3588, passed December 17, 2024.
Vista Municipal Code
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Chapter 8.34
Short- Term Rental Permit
Sections:
8.34.010 Purpose – Findings and Determinations
8.34.020 Definitions
8.34.030 Short-Term Rentals Allowed
8.34.040 Authorized Agent
8.34.050 Short-Term Rental Permit Requirements
8.34.060 Short- Term Rental Application and Issuance
8.34.070 Short- Term Rental Operating Requirements
8.34.080 Violations and Enforcement
8.34.090 Denial, Suspension and Revocation
Section 8.34.010 Purpose – Findings and Determinations
The purpose of this chapter is to establish reasonable regulations for short-term rentals to safeguard the peace, safety and general welfare of neighborhoods within the City by minimizing negative secondary effects related to short-term rentals such as excessive noise, disorderly conduct, illegal parking, overcrowding, and excessive accumulation of refuse. By reducing any adverse impacts of short-term rentals, these regulations also ensure compatibility with surrounding neighborhood uses.
This chapter is not intended to provide any owner of residential property with the right or privilege to violate any deed restrictions or private covenants, conditions and restrictions applicable to the owner’s property that may prohibit the use of such owner’s residential property as a short-term rental as defined in this chapter.
Ord. No. 2024-05, Enacted 06/26/24)
Section 8.34.020 Definitions
Agent” means a person designated by the owner in writing to act on the owner’s behalf with respect to owner’s short-term rental and compliance with this chapter.
Bedroom” means a private room intended for or capable of being used for sleeping purposes, separated from other rooms by a door, curtain or other entry way, having at least one window and a closet, and is accessible to a bathroom without crossing into another bedroom.
Bedrooms exclude bathroom, kitchen, living room, and laundry areas.
Broker” means any person, including, but not limited to, on-line websites, on-line travel agencies, and on-line booking agents, that offers, lists, advertises, accepts reservations and/or collects whole or partial payment for a short-term rental.
Hosted unit” means a short-term rental where the owner remains and resides onsite or on a property immediately adjacent to the short-term rental property during the short-term rental period (except during daytime and/or working hours).
Non-hosted unit” means a short-term rental whereby the owner does not remain or reside on-site or on a property immediately adjacent to the short-term rental property during the short-term rental period.
Owner” means an owner of record of the real property that contains the short-term rental, as provided for in the property deed.
Short- term rental” is defined as the rental of any legally permitted dwelling unit or any
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portion of any legally permitted dwelling unit, including detached single-family residences, guesthouses, condominiums, duplexes, townhomes and multiple-family dwellings, for occupancy for dwelling, lodging or sleeping purposes for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Short-term rentals exclude the following: any accessory dwelling unit permitted under Chapter 18.31 of the Development Code; any trailer coach as defined in Chapter 18.02 of the Development Code; and any oversized recreational vehicle as defined in Section 10.34.010.B of this Code.
Ord. No. 2024-05, Enacted 06/26/24)
Section 8.34.030 Short-Term Rentals Allowed
Short-term rentals that comply with all requirements of this chapter are allowed in zones and Specific Plans in the City that permit residential uses.
Ord. No. 2024-05, Enacted 06/26/24)
Section 8.34.040 Authorized Agent
A. An owner may in writing authorize an agent to comply with the requirements of this chapter on their behalf. The agent shall submit a copy of the authorization to the City during the permit and permit renewal application process.
B. Notwithstanding Subsection A above, the owner shall not be relieved from any personal liability for noncompliance with this chapter, regardless of whether such noncompliance was caused, allowed or permitted by the owner’s agent or the occupants or guests of the owner’s short-term rental.
Ord. No. 2024-05, Enacted 06/26/24)
Section 8.34.050 Short-Term Rental Permit Requirements
Prior to renting or advertising the availability of a short-term rental, the owner or their agent shall obtain: (1) a business license pursuant to Chapter 5.04 of this Code; (2) a transient occupancy registration certificate pursuant to Chapter 3.24 of this Code; and (3) a short-term rental permit pursuant to this chapter.
Ord. No. 2024-05, Enacted 06/26/24)
Section 8.34.060 Short- Term Rental Permit Application and Issuance A. Contents of Permit Application. Owners or their agent shall submit a short-term rental permit application to the City for each short-term rental unit. The permit application shall be submitted on a City-approved form that requires the following information:
1. If applicable, owner’s written authorization of agent(s).
2. Legal name, address and telephone number of all owner(s), agent(s), broker(s) for the short-term rental and the 24-hour, seven-day per week local contact person.
3. The address and assessor’s parcel number of the property proposed to operate as a short-term rental.
4. The number of bedrooms within the short-term rental.
5. The number of existing on-site parking spaces designated for the exclusive use of the short-term rental.
6. Whether the short-term rental is a “hosted unit” or a “non-hosted unit”.
7. The number of fire extinguishers and smoke and carbon monoxide alarms at the short-term rental property, and a self-certification of compliance with the Fire Code, subject to review and approval by the City’s Fire Marshal.
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8. Copy of any application and all other forms that renters of the short-term rental will be required to complete.
9. Copy of the owner’s rules and regulations for the short-term rental.
10. Signed statement acknowledging all of the following: (a) all of the information contained in the short-term rental permit application is true and correct; (b) all owner(s)/agent(s), and the designated local contact person, are familiar with the requirements of this chapter; (c) all owner(s)/agent(s), and the designated local contact person, are responsible for ensuring compliance with this chapter; and (d) failure to comply with this chapter and all applicable provisions of this Code may result in suspension and/or revocation of a short-term rental permit.
11. Such other standardized information as the City Manager, or designee, deems reasonably necessary to administer this chapter.
B. Application Signatories. All owners listed on the property deed are required to sign the short-term rental permit application. Signatures of non-corporeal owners, such as partnerships and corporations, shall be made by the entity’s duly authorized agent(s) or such individual(s) otherwise permitted by law to sign on the entity’s behalf.
C. Permit Fee. A short-term rental permit fee has been established by resolution of the City Council and shall be paid in conjunction with initial and renewal applications. The fee is nonrefundable.
D. Granting of Permit and Renewal. The City shall grant or renew a permit if the application meets the requirements of this section and there are no grounds for denial pursuant to section 8.34.090.B. All short-term rental permits are valid for one year and shall be renewed annually in coordination with business license renewals.
E. Change of Ownership. Permits only apply to the person(s) named on the application and are non-transferable. Within 14 calendar days of a material change in the property ownership or substitution of listed agent(s), a new application for a short-term rental permit shall be submitted with the required application fee.
F. Short-term rentals are subject to the provisions of Chapter 3.24 of this Code regarding the collection and remittance of Transient Occupancy Tax (TOT). Failure to comply with these provisions may result in revocation of a short-term rental permit pursuant to section
8.34.090.C. A broker that collects any revenue from arranging or listing a short-term rental location in the City has primary responsibility for collecting, paying and transmitting all TOT due to the City pursuant to Chapter 3.24 of this Code.
G. False Statements. Any false statements or information provided in the application are grounds for denial of a short-term rental permit pursuant to section 8.34.090.C, or if the permit has already been issued by the City, permit revocation or imposition of penalties.
H. Indemnification. By accepting a short-term rental permit, the permittee agrees to defend, indemnify and hold harmless the City, its officers, employees and agents from any and all liability arising out of the actions permitted by such permit, and agrees to pay on behalf of the City all claims, damages, judgments, legal and court costs, adjuster fees and attorney fees related thereto.
Ord. No. 2024-05, Enacted 06/26/24)
Section 8.34.070 Short- Term Rental Operating Requirements The use and occupancy of short-term rentals shall comply with the following operating requirements. For purposes of this section, “responsible person” shall mean the owner(s) and agent(s) listed in the permit application for the short-term rental:
A. Public Nuisance Prohibited. The responsible person shall not cause, allow or permit the use or occupancy of the short-term rental to create a public nuisance, including, but not limited to, unruly gatherings or raucous noise. “Raucous noise” includes yelling, screaming,
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shouting, or making other disturbing noises, including noise violations as identified in Chapter
8.32 of this Code, which unreasonably interfere with the peace and quiet of nearby residents or members of the public. “Unruly gathering” includes, but is not limited to, gatherings of occupants and/or guests at a short-term rental that exceed the number permitted on the short-term rental permit and gatherings of occupants and/or guests engaging in disorderly conduct that disturbs the public peace. The responsible person shall immediately abate any public nuisances caused by the use or occupancy or the short-term rental.
B. Noise Violations Prohibited. The responsible person shall not cause, allow or permit the emission or transmission of any noise violation as identified in Chapter 8.32 of this Code at a short-term rental, including from any sound-making equipment or sound-amplifying device.
C. Permitted Occupancy. The responsible person shall limit overnight occupancy of the short-term rental to a specific number of occupants not to exceed two persons per bedroom or studio plus one additional person per dwelling unit.
D. Parking. The responsible person shall limit the number of vehicles at the short- term rental to the number of parking spaces designated in the short-term rental permit. All on- site parking spaces designated for occupant use in the permit shall be made available for the vehicles of occupants. Occupants shall avoid street parking and vehicles shall not impede access to sidewalks and adjoining neighboring properties or driveways. Vehicles shall not park in designated fire lanes. Parking of motor vehicles, trailers and recreational vehicles by occupants shall comply with Section 8.36.040.B.7 of this Code.
E. Trash and Refuse. Trash and refuse shall not be left or stored within public view except at a location that is designated for collection from sunset on the day prior to trash pick-up until up to midnight on the day designated for trash pick-up. All trash shall be in approved receptacles pursuant to Chapter 13.16 of this Code and comply with Section 8.36.040.B.4 and 5 of this Code.
F. Rental Agreements. Information on the permitted occupancy, parking capacity, and trash disposal requirements of the short-term rental, and the requirements of this chapter, shall be stated in the rental information and agreement provided to prospective renters, prior to their occupancy of the short-term rental. Renters shall agree in writing to follow the provisions of this chapter that apply to use and occupancy of a short-term rental.
G. Outdoor Fire Pits. No open wood-burning fire pits, bonfires or campfires are permitted at short-term rental properties. Natural gas/propane burning fireplaces and fire pits with 20-pound tanks or smaller are acceptable outside, provided the device is at least 10 feet away from structures and any flammable materials.
H. Grills and Barbeques. Grills and barbeques are not permitted beneath a potentially flammable source, including, but not limited to, trees, umbrellas, decks, or other appurtenant structures, and shall be at least 10 feet away from structures and any flammable materials. Charcoal grills of any type are strictly prohibited.
I. No Roof Access. The responsible person shall not cause, permit or allow occupants to have roof access to the short-term rental. This prohibition does not include permitted roof decks.
J. Life/Safety Compliance. The short-term rental property shall meet basic life/safety requirements under applicable laws such as the California Health & Safety Code and City-adopted building and fire codes. Minimum operating requirements include, but are not limited to, operable smoke and carbon monoxide alarms, fire extinguisher, and first aid kit.
K. Inspections. Regardless of the time of day, the responsible person shall permit the City to inspect the short-term rental and property in response to any complaint received by the City, for the purpose of making a reasonable inspection to observe and enforce compliance with all applicable laws, rules and regulations, including the provisions of this chapter.
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L. No Subletting. The subletting of a short-term rental is prohibited. Only the person with a valid short-term rental permit issued by the City is permitted to advertise and rent out a property as a short-term rental.
M. Special Events and Temporary Uses Prohibited. Special events and temporary uses such as weddings, corporate events, commercial functions, and any other similar events that have the potential to cause traffic, parking, noise, or other adverse impacts in the neighborhood are prohibited at the short-term rental property or as a component of short-term rental activities.
N. No Commercial Filming. No commercial filming may occur at the short-term rental property concurrently with an active short-term rental permit.
O. Permitted Guest Hours. The designated short-term rental occupants may host guests at the short-term rental during the hours of 9:00 a.m. to 9:00 p.m. daily.
P. Advertisements. It is unlawful for any person or entity to advertise a short-term rental in the City without a valid and current permit issued by the City. All advertisements for a property operating with a valid short-term rental permit, including those advertisements posted on or by hosting platform sites, shall include the short-term rental permit number provided by the City, the maximum number of occupants permitted to stay in the unit, and the maximum number of vehicles permitted to be parked at the short-term rental.
Q. Minimum Night Stay. Non-hosted units shall have a minimum night stay of two consecutive nights. This provision does not apply to hosted units or to short-term rentals in multi-family residential dwellings.
R. Maximum Number of Short-Term Rentals. An owner is limited to operating a maximum of five short term rentals per City Council district in the City.
S. Interior Display of Short-Term Rental Permit. During the period of short-term rental operation, the responsible person shall affix a display on the inside of the main entry door of the short-term rental that includes: (1) the short-term rental permit that applies to the unit; (2) the maximum number of overnight occupants permitted to stay in the unit; (3) the maximum number of vehicles; and a (4) 24-hour, seven-day per week local phone number of the local contact person.
T. Exterior Complaint Phone Number Display. During the period of short-term rental operation, the responsible person shall affix a display on a front window of the short-term rental that includes: (1) a 24-hour, seven-day per week local phone number of a designated contact to take complaints regarding the unit; (2) the number of bedrooms; (3) maximum number of occupants permitted to stay in the unit; and (4) the maximum number of vehicles.
U. The Response Requirements. The responsible person shall, upon notification that occupants or guests of their short-term rental have violated provisions of this chapter or other applicable federal, state or local laws, rules, or regulations, prevent a recurrence of such conduct by those occupants or guests and shall respond to the notification of violations as soon as practically possible, but within 1 hour at the latest. Failure to timely respond to complaints may result in enforcement pursuant to section 8.34.080.C.
V. Compliance with Laws. The responsible person shall comply with all applicable provisions of this Code, and all other federal, state, and local laws, rules, and regulations.
Ord. No. 2024-05, Enacted 06/26/24)
Section 8.34.080 Violations, Enforcement and Penalties
A. Any person violating any of the provisions of this chapter shall be subject to enforcement pursuant to Chapter 1.12 et. seq. of this Code and any other enforcement mechanism available to the City, including revocation of the short-term rental permit pursuant to section 8.34.090.C.
B. Any short-term rental that is operating in violation of this chapter is hereby
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declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation pursuant to Chapter 8.36 of this Code.
C. The following penalties apply to administrative citations issued for violations of this chapter:
1. For a first administrative citation, a fine not exceeding $500 per violation of each provision of this chapter.
2. For a second administrative citation within one year of the first citation, a fine not exceeding $1,000 per violation of each provision of this chapter.
3. For a third or subsequent administrative citation within one year of the first citation, a fine not exceeding $1,500 per violation of each provision of this chapter.
Ord. No. 2024-05, Enacted 06/26/24)
Section 8.34.090 Denial, Suspension and Revocation
A. Denial, Suspension or Revocation. In addition to any other remedy provided by this chapter, a short-term rental permit may be denied, suspended, or revoked by the City Manager, or designee, pursuant to this section.
B. Grounds for Denial or Suspension. A short-term rental permit may be denied or immediately suspended if any of the following grounds exist:
1. The application or renewal application for the short-term rental permit does not comply with all the requirements of section 8.34.060.
2. A material misrepresentation, false or misleading information was included on the application or renewal application for the short-term rental permit.
3. An authorized official has cited the short-term rental property for health or safety violation(s) and such violation(s) remain outstanding.
4. The use or occupancy of the short-term rental property has been cited by an authorized official for felony violation(s) and criminal prosecution is pending.
5. A delinquency in the payment of any outstanding fees, assessments or taxes owed to the City related to the short-term rental property, including, but not limited to, Transient Occupancy Taxes (TOT).
C. Revocation of Permit. If a third administrative citation is issued for violation(s) of this chapter at a short-term rental within a one-year period, the City shall revoke the short-term rental permit upon a determination that the violation(s) alleged in the third citation has occurred.
Notwithstanding the foregoing, the City shall immediately revoke the short-term rental permit upon final determination that a felony violation relating to the use or occupancy of the short-term rental property has occurred.
D. Appeal of Denial, Suspension or Revocation. Any denial, suspension or revocation of a short-term rental permit shall be made by the City in writing and is subject to the appeal procedures set forth in Section 5.04.210 of this Code.
E. Prohibited Operations. If a short-term rental permit is revoked pursuant to this section, a short-term rental shall not be operated at the property for a period of 12 months from the date of such revocation unless the property has been sold and the new owner can demonstrate to the City that a change of property ownership occurred during that time period.
Ord. No. 2024-05, Enacted 06/26/24)
AGENDA REPORT
Department: Planning
Prepared by: Martin Reeder, AICP – Asst. Director of Community Development Meeting Date: Tuesday, April 1, 2025
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Staff Report Describing the Discretionary Application Process for the Sweetwater Gas Station Project.
RECOMMENDATION:
File the Report.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
This staff report intends to provide information on the discretionary permit process and to address concerns raised regarding the review of the Sweetwater Gas Station project under said process.
Previous Action
The property in question consists of five lots along the Sweetwater Road corridor between Olive Street and Orange Street. Three of the properties were annexed into National C ity in 2020 and all five were rezoned from residential to mixed-use as part of the same process. There was also an approved p roject for a small commercial center with a drive -through coffee shop, but that permit expired the same month as the subject permit was submitted.
Application
City staff is tasked with representing and protecting the community through the policies and goals of the General Plan, as well as balancing the rights of property owners and developers to pursue projects through the regulations of the Municipal Code (NCMC). The applicant for this project submitted a Conditional Use Permit1 (CUP) application on April 29, 2024 for a retail convenience store with alcohol sales, drive-through food/beverage business, gas station, automated car wash, and a five-unit apartment building. All uses but the apartments require a CUP. A Zone Variance application was submitted later in the process, as described further on in this report.
A discretionary permit that involves multiple requests that would otherwise each require a permit if applied for individually are routinely bundled under one fee. It is a similar amount of wor k with regard to analysis, report writing, and presentation. In this example, a CUP involving multiple
1 A Condition Use Permit is a type of land development permit that allows a use of land that isn't normally permitted by zoning laws, but can be allowed if specific conditions are met.
conditionally-allowed uses would only require payment of one CUP fee. A CUP permit fee of $3,703 was submitted with the application.
Land Use Code
Title 18 (Zoning) of the Municipal Code regulates land uses and urban form in the City. Land uses are categorized as either ministerial or discretionary. Ministerial permits are for uses that are allowed by right, or with no discretion involved. This includes building permits, grading permits, or developments that meet all minimum requirements of the Municipal Code. Residential uses, such as the proposed apartments, would generally be considered a by right development in the Major Mixed-Use District (MXD-2) zone in which the project is located. A discretionary permit requires approval by the Planning Commission and/or the City Council. The Sweetwater Gas Station project is considered a discretionary project, as the majority of the requested development requires a CUP, which is a discretionary permit.
Application Processing
After reviewing the project reque st, Planning staff provided an I ncomplete Letter2 on May 29, 2024, asking for a traffic study, evidence of a community meeting for the alcohol sales request, and compliance with various design guidelines contained in the Municipal Code. A modified version of the project with the same components was submitted on July 23, 2024. After review of this resubmittal, Planning staff provided a second Incomplete Letter on August 6, 2024 .
Comments referred to the need for another community meeting, a traffic study (although preparation was already in process), and additional architectural design considerations. While a community meeting had been held in the interim, the meeting advertisement did not meet City requirements; therefore, a second community meeting was required (and ultimately held).
In the intervening period, the applicant team prepared a traffic study, which was submitted to the City for review and was ulti mately approved on November 8, 2024. It was determined that the Project was presumed to have a less -than-significant impact on Vehicle Miles Traveled (VMT) with regard to the California Environmental Quality Act (CEQA) guidelines for assessing potential transportation impacts. This determination was made based on the Project consisting of local - serving retail use less than 50,000 square feet in size and because the residential portion of the Project was a small project generating less than 110 Average Daily Trips (ADT). While the traffic did not rise to the level of CEQA, the traffic study did point to the need for a new traffic signal at Sweetwater Road and Orange Street. This was included as a condition of approval.
While design changes were made, the applicant found that compliance with all applicable Municipal Code design guidelines was not possible due to site constraints, primarily the triangular nature of the property. Due to this hardship, the applicant applied for a Zone Variance 3, which requested wider driveways, less-than-required street wall width, and parking within the front yard setback. Similarly to the discussion related to bundling multiple CUP requests mentioned above, a Zone Variance request involving multiple requests would also be assessed one Zone Variance fee. A permit fee of $3,703 was submitted with the Zone Variance request.
2 The Permit Streamlining Act (Government Code § 65943) requires that a reviewing agency inform an applicant of whether the application is complete or incomplete within 30 days of application submittal.
3 A Zone Variance allows a property owner to deviate from strict zoning ordinance requirements when unique circumstances, like unusual lot shape or topography, create a practical difficulty or hardship.
Permit Authority
Chapter 18.12 (Permits and Applications) of the Municipal Code indicates what type of permits require what level of approval. In general, all staff-level decisions may be appealed to the Planning Commission and all Planning Commission decisions may be appealed to the City Council. NCMC
18.12 states that the Planning Commission is either the decision maker or that it makes a recommendation to the City Council for approval or denial as follows:
Role of Review Authority
Application Type Planning
Staff
Planning
Commission
City Council
Conditional Use Permit Recommend Decision Appeal
Variance Recommend Decision Appeal
Public Hearing
A public hearing was scheduled for the Planning Commission meeting of November 18, 2024.
Under preferred circumstances a staff report will be in final draft form prior to publishing the required 10-day public notice. However, in this case, staff was still working on the report when the notice was published. This was primarily due to staff wishing to help the applicant move the project forward prior to the end of the year. With City staff being furloughed for two weeks over the Christmas holiday and there being no Planning Commission meetings scheduled for January 2025 (due to the regular meeting days falling on observed holidays), the project would experience a significant delay. Many project applicants have extenuating circumstances (e.g., escrow, financing, due diligence period, etc.) and, as such, staff will help to expedite processes when possible. Setting this item for hearing in November was intended as such, as a decision made by the Planning Commission at that meeting would theoretically be in front o f City Council in December, prior to the end of the year.
However, between the public notice advertisement and the November 18th Planning Commission meeting, it was determined that additional analysis was needed, which required more time than was available prior to the meeting. Proceeding without the analysis would result in a report going to the Commission without adequate legal review. Because the public hearing had been advertised, the application was not able to be removed from the agenda prior to the November 18 meeting . At the November 18, 2025 meeting, the Planning Commission received public comments from 11 community members. The Commission ultimately voted to continue the item to December 2, 2024 in order to provide additional review time for staff . At the subsequent meeting on December 2, 2024, the Planning Commission voted to deny the CUP and Zone Variance request by a vote of 4-2 with one member absent.
Notice of Decision
In the case of a Planning Commission decision, per NCMC 18.12.040 D. 5, a Notice of Decision is transmitted to the City Council as an informational item, usually on the Consent Calendar
portion of the agenda. Notice of Decision, the only available action for the City Council to take is to file the Notice of Decision or to hold the item for a public hearing. While the item is on consent, the Council may not consider additional public testimony or discuss the merits of the project.
However, the City Council may elect to set the item for a future public hearing in order to receive additional analysis or testimony (a de novo public hearing). If the notice is filed, the Planning Commission decision is final (approval or denial). An applicant or aggrieved person may file an appeal of a Planning Commission decision to the City Council within 30 days, at which time the Council would hold a subsequent public hearing, take public testimony on the merits of the appeal, and render a decision. City Council decisions or filing of Planning Commission decisions (absent an appeal) are final. Any subsequent action would be through the public legal system.
A Notice of Decision must be transmitted to the City Council within 30 days (NCMC 18.12.040 D. 5) and is routinely on the agenda of the next regularly-scheduled City Council meeting. While this is typically within two or three weeks, in some cases that timeline might be shorter. For example, if there are extenuating circumstances (as discussed above.), a Notice of Decision may be placed on a City Council agenda within days of a Planning Commission meeting. In this case, the next City Council meeting was the day after the Planning Commission meeting, thus it was impossible to get the Notice of Decision on that agenda. However, there were no regularly -scheduled City Council meetings until 2025. In order to help the applicant get to a decision by the end of the year and to meet the City’s 30-day requirement, the Notice of Decision was placed on the agenda for the only remaining scheduled meeting of 2024, which was the Special City Council Meeting of December 10, 2024. This meeting was held in order to certify the results of the election, but this item was also added to the agenda.
As previously mentioned, an applicant may file an appeal of a Planning Commission decision to the City Council within 30 days. The choices in this case at this time were to move forward with the Notice of Decision or to appeal. In the case of the Notice of Decision, it would still be possible for the City Council to hold over the item for a public hearing, but that is not guaranteed. The only way to ensure a public hearing is to file the appeal. Planning staff communicated to the applicant that the expected outcome, based on previous experience, was that the City Council would most likely file the Notice of Decision, affirming the Planning Commission denial.
Withdrawal
An applicant may withdraw an application at any point of the process for any reason (e.g., change in direction, financial, public concern, etc.). In the case of a public hearing for which a public notice has been advertised, the discretionary body would still need to open the public hearing, solicit public comment, and close the public hearing. At that point, the acting body would typically continue the item off calendar, as was done by the Planning Commission. The applicant could then choose to abandon the project, re-design or resubmit, or walk away. However, any change in the project would result in the process starting over. In this case, the Notice of Decision on the Consent Calendar was not a public hearing and the applicant chose to withdraw their project application December 10, 2024, the day the Notice of Decision was scheduled to be considered.
Staff Recommendation
During the public hearing process, the respective discretionary body (board, commission, or council) puts stock in the opinion of staff, as they are generally the subject matter experts with regard to land use. Staff works to remain neutral, providing a recommendation and optional
findings for denial. It is then up to the discretionary body to decide which findings to adopt based on the facts and public testimony discussed at the public hearing. I n cases where the Planning Commission votes contrary to the recommendation of staff, staff will not generally change their recommendation at the City Council level, but rather will state the history of the recommendation.
Staff’s initial recommendation is based on the merits of the application as presented, including any and all conditions of approval, which are intended to ensure that the project complies with applicable regulations and aligns with the broader goals and objectives of the local planning framework. Any public comment or community input is considered by the discretionary body and is taken into account when making a decision. Staff accepts and advances the decision of the discretionary body.
A project may not always conform to all General Plan policies or goals. However, it is under the purview of the discretionary body to determine if there are additional merits to consider that would offset any concerns to the contrary. For example, additional density may be granted for a multiple unit residential project if some units are restricted as affordable. In this case, the community benefits from additional affordable housing opportunities, although the development density may be more than the surrounding area exhibits. Ultimately, appropriate findin gs must be made to support the decision.
CEQA
Planning staff brought this project application forward to the Planning Commission with the recommended adoption of a CEQA Notice of Exemption as an Infill Development Project (CEQA Class 32). This was primarily due to the fact that the project screened out of CEQA with regard to VMT, as previously discussed. However, there was also discussion related to possible excessive noise emissions associated with the proposed automatic car wash. The car wash was presented by the applicant to staff as being of the newest technology with relation to noise attenuation. Staff had asked for noise information, but none was initially provided. This was not considered as much of an issue initially, as the car wash exit (usually the noisiest part of the operation) was on the south side of the property, adjacent to Sweetwater Road. However, a site design change necessitated by the traffic study’s queuing analysis resulted in the car wash being flipped 180 degrees, resulting in the exit being on the north side, closest to the neighboring residential area.
However, conditions were included with the draft approval resolution that required compliance with Municipal Code noise standards and for a noise study to be provided prior to construction.
Afterword
A discretionary permit applicant is a client. The client pays a fee for an application, knowing that they will lose the application fee in the case of a denial by the discretionary body. An application request may not be popular with a respective community or consistent with all goals or policies of the City, but it is the right of a property or business owner to apply. As long as the proposed use is permitted (conditionally or otherwise), the City is obligated to take in an application . It is then up to the approving body to make a decision on the project. If solicited by the applicant, staff will often provide an opinion at the beginning of a discretionary application process about any perceived issues or on the likelihood of approval. While staff cannot provide any certainty, they will educate applicants on historical precedence and the most likely outcome. However, this is never put forward as being an assumption to be relied upon; the decision to apply is always in the hands of the applicant.
Applicants will often meet with staff prior to an application or during the processing period to discuss the facts of a project and ask for advice. For example, if an applicant holds a community meeting for an alcohol license request and receiv es significant pushback from the community, staff might suggest some mitigating circumstances to assuage concerns at the Planning Commission or City Council hearings. These will be reflected in the draft conditions of approval for a project. Likewise, an applicant may meet with elected or appointed officials to educate them on a pending project that will be on a future agenda. Depending on the project, City officials may have follow-up questions for staff on the project proposal, merits, or procedural questions related to the application process.
In the case of the Sweetwater Gas Station project, Planning staff discussed with the applicant prior to application submittal and prior to the item moving forward for a public hearing that the proposal was very complex and that they should consider a reduc ed project. This included removing the residential component and/or one of the commercial components. However, the applicant chose to pursue the project as initially proposed. With the exception of the removal of an above-ground propane tank due to Fire Department regulations, the project was ostensibly the same as that which was originally submitted.
FINANCIAL STATEMENT:
Not applicable. Informational item only.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Not Applicable
ENVIRONMENTAL REVIEW:
This is not a project under CEQA , and is therefore , not subject to environmental review.
CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act
ORDINANCE:
Not Applicable
EXHIBIT:
Not Applicable
AGENDA REPORT
Department: City Manager's Office
Prepared by: Councilmember Luz Molina, District 1
Meeting Date: Tuesday, April 1, 2025
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Discussion on Recommendation to Amend City Council Policy No. 105
RECOMMENDATION:
Discuss and Provide Direction to Staff.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
At the City Council Meeting held on Tuesday, March 18, 2025, Councilmember Molina submitted a City Council Policy No. 105 Request considering updates to Policy 105 for Efficiency. Council consensus was received for Councilmember Molina to return with a re port outlining recommendations. The following is that outline:
Below is a list of different ways the policy can be amended. Please note that additional recommendations are expected as a result of the Council discussion.
1. Justification & Impact Statement Requirement
Amend Section 2(a) to require that each request includes a justification statement outlining:
How the item addresses a documented community need or priority Impact on City resources, budget, and staffing
Alignment with City’s Strategic Plan or Council’s adopted goals If request is deemed urgent, then include an explanation of the significant consequences if not addressed immediately, such as financial loss, legal implications, or safety risks.
The City Manager or Mayor or City Attorney, or a combo must review and confirm the justification before placement on the agenda. Including consideration given to other tasks or processes or disruptions in overall operations that will be delayed due to completion of the urgent request, and the resulting backlog created.
2. Councilmember Sponsorship Requirement
Require one additional councilmember to co -sponsor the item before it is placed on the agenda to ensure broader support.
If a request is tied geographically to a specific district, the representative of that district should be consulted.
3. Priority Alignment Evaluation
The City Manager, in consultation with the City Attorney, should determine whether the request aligns with:
Ongoing City initiatives
High-priority issues (e.g., financial stability, public safety, economic development)
Items that do not align with City priorities can be deferred or require a supermajority vote of the Council (4 out of 5 votes) to be placed on the agenda.
4. Explore Policy Subcommittee:
Consider establishing a quarterly council subcommittee to review non- essential, non-time sensitive policy requests from council members, ensuring efficient prioritization and thoughtful consideration of these issues.
5. Mandatory Cost-Benefit & Staff Time Analysis
Any item requiring staff research, legal opinion, or financial evaluation must include:
Estimated staff hours needed
Associated costs (e.g., consultant fees, legal review costs) If estimated costs exceed a threshold (e.g., $5,000 in staff time), it requires a Council majority vote before further consideration
For a City Council Policy, the explanation of urgency might include:
1. Immediate Need: A situation requiring quick action to meet a deadline or respond to an urgent community issue, such as a public safety concern.
2. Impact on Residents: If delayed, it could affect residents' well-being, local businesses, or the city's functioning.
3. Legal or Regulatory Requirements: A law or regulation that demands prompt attention or compliance.
4. External Pressure: Requests from the public or other governing bodies that require quick decision-making.
The explanation should clearly convey why fast action is necessary and the consequences of delay for the city and its residents.
FINANCIAL STATEMENT:
Not Applicable.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Communication and Outreach
ENVIRONMENTAL REVIEW:
This is not a project under CEQA , and is therefore , not subject to environmental review.
CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act
ORDINANCE:
Not Applicable
EXHIBIT:
Exhibit A – City Council Policy No. 105
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 5, 2021
ADOPTED: March 12, 1985
POLICY # 105
TITLE: Request by Member of City Council to Place an Item on a City Council Agenda
PURPOSE
In compliance with the Ralph M. Brown Act, items not already on the agenda cannot be discussed or considered during a City Council Meeting. Discussing without notice does not provide the public, staff, or other City Councilmembers time to review the subject matter, and contemplate a response for discussion or provide direction.
This policy is to establish a clear and effective process for the City Councilmembers to place items on the City Council Agenda for consideration.
POLICY
1. The City Councilmembers may request that an item be placed on a future City Council Meeting Agenda for discussion and possible action.
2. For any item to be placed on the City Council Meeting Agenda, by the City Councilmembers, the following will assist in the City Manager in the agenda planning process:
a. A single page Council Item Request Form to agendize the request to be discussed, and the City Councilmember’s recommended action to address the matter. No additional material other than the single page request may be submitted to be agendized at the initial City Council Meeting in which the matter will be heard.
b. The request must be submitted no later than 5:00 p.m. on the Tuesday prior to the regularly scheduled City Council Meeting to allow the City Manager and City Attorney time to review the item and determine, if the matter as written, in the single page request, should be placed on the open or closed session of the City Council Agenda.
c. If the City Manager, in consultation with the City Attorney, determines the matter is appropriate to be included in the open session agenda it will be added to the agenda as written. If the City Attorney, determines the matter should be discussed in Closed Session, the City Manager’s Office will draft the required agenda wording for listing the matter under Closed Session on the City Council Meeting Agenda. The single page request, written by the City Cou ncilmember, will be prov ided to the entire City Council in Closed Session.
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 5, 2021
ADOPTED: March 12, 1985
POLICY # 105
TITLE: Request by Member of City Council to Place an Item on a City Council Agenda
d. Discussion would be limited to whether an item should be added to an agenda and a date, not the merit of the item.
e. If a majority of the City Council votes to include the item as a n action item at a subsequent City Council meeting it will be determined who will provide the report:
i. The City Councilmember prepares a report including supporting information and documentation, and a presentation of the item to be discussed at the meeting, with City Manager and City Attorney review; or
ii. The City staff will be directed to provide a report analysis including fiscal review, legal review, and policy review of the action by the City Councilmember, requesting and recommendation (if any) among alternatives (if any) as soon as the research and staff report can be reasonably completed at a subsequent City Council Meeting.
f. If the request requires further study of the item from staff, a full analysis shall be prepared at the direction of the City Manager with at least thirty (30) calendar days to prepare, unless otherwise directed by the City Council. S tatus updates will be provided to the City Council every sixty (60) days as an informational memo.
g. This policy would provide the City Manager the authority to determine placement and timing, unless City Council direction is time -sensitive, and requires immediate placement on the next regularly scheduled City Council Meeting.
Related Policy References
National City Municipal Code, Chapter 2. 04
Ralph M. Brown Act
Prior Policy Amendments
June 11, 2013 (Revised – No Resolution – Refer to Meeting Minutes) October 8, 2013 (Resolution No. 2013-147)
March 21, 2017 (Resolution No. 2017-37)
October 5, 2021 (Resolution No. 2021 -148)
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 5, 2021
ADOPTED: March 12, 1985
POLICY # 105
TITLE: Request by Member of City Council to Place an Item on a City Council Agenda
CITY COUNCIL ITEM REQUEST
The City Council Item Request Form is for members of the City Council to submit written requests to the City Manager’s Office for inclusion of an item on a future City Council Meeting Agenda. At the meeting where the initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to a future City Council Meeting Agenda for action.
Requesting Member of City Council: _____________________________________________________ Today’s Date: _______________________________________________________________________ Is this matter considered Time-Sensitive by another entity deadline? ____________________________
WRITTEN REQUEST
I, _______________________________, hereby request that the following item be placed on the City of National City – City Council meeting agenda for consideration. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________
CITY COUNCIL ITEM REQUEST
The City Council Item Request Form is for members of the City Council to submit written requests to the City Manager’s Office for inclusion of an item on a future City Council Meeting Agenda. At the meeting where the initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to a future City Council Meeting Agenda for action.
Marcus Bush
Requesting Member of City Council:
Today’s Date: March 24, 2025
Is this matter considered Time-Sensitive by another entity deadline? No
WRITTEN REQUEST
I, Marcus Bush , hereby request that the following item be placed on the City of
National City – City Council meeting agenda for consideration.
Request to Review and Update the City’s Ethics Policy and Expand the Scope of the Civil Service Commission to Include Ethics Oversight Authority
Purpose of the Request:
The purpose of this Policy 105 request is to place a discussion item on the next public City Council meeting agenda for the Council to consider and provide direction on:
1. Reviewing National City’s current Ethics Policy (Council Policy #119);
2. Updating the policy to reflect modern standards of ethical governance and public accountability; and
3. Exploring an amendment to expand the powers of the Civil Service Commission to act as an Ethics Commission for National City—providing an internal, independent body for ethics oversight, complaint review, and enforcement.
As part of this analysis, the Council will also examine the City of San Diego’s Ethics Code and Ethics Commission structure as a model for best practices in ethics governance and public integrity. Since the City of San Diego is a charter city, the analysis would need to identify any implementation challenges with the City of National City being a general law city.
Justification:
During the March 18, 2025 City Council meeting, our Council debated a proposal by Councilmember Jose Rodriguez to form an ad-hoc committee made of councilmembers to investigate Mayor Ron Morrison and Executive Assistant Josie Flores-Clark. 4 out of the 5 members of Council were strongly opposed to Council launching investigations with no evidence as well as the legal risks involving personnel . However, Council expressed a desire to investigate any questions or concerns of abuse of power, corruption, or violations of our code of ethics.
While National City’s current Code of Ethics and Conduct provides valuable guidance around professionalism and civility, it lacks key elements that are essential for effective ethical governance, including:
• Independent investigatory authority;
• Confidential or anonymous complaint processes;
• Defined standards around gifts, lobbying, conflicts of interest, or use of public office for private gain;
• Structural safeguards in high-impact areas such as land use, development decisions, public contracting, and campaign activity.
By comparison, the City of San Diego offers a robust framework grounded in:
• Clear and enforceable ethics rules;
• An independent Ethics Commission with the authority to investigate, audit, and impose fines; • Mandatory disclosure, training, and advisory opinions to support compliance.
Updating National City’s ethics policy and expanding the oversight authority of the Civil Service Commission (rather than creating a new committee) would strengthen public trust, prevent ethical violations before they occur, and demonstrate the City’s commitment to transparency and good governance.