National City, CA

• Agenda Ajourned Regular Meeting 7-21-11 (PDF)
• Agenda Special Meeting -7-21-11 #1 (PDF)
• Agenda - 7-21-11 - Special Meeting #2 (PDF)
• Presentation (PDF)
• Examples (PDF)
• Fact Sheet (PDF)
• Minutes 07-21-11 - Adjourned Regular Meeting (PDF)
• Minutes 07-21-11 - Special Meeting (PDF)

TOWN HALL MEETING TO EDUCATE COMMUNITY REGARDING NONCONFORMING LAND USES AND AMORTIZATION

National City is committed to supporting business and improving neighborhoods. Recently, residents and businesses have asked for clarification on policies as the City implements long-range plans such as the Westside Specific Plan. The City Council has requested an open Town Hall meeting and would like to invite residents, property owners, and businesses to a meeting to be held on July 21, 2011, at 6:00 p.m. at the Martin Luther King, Jr. Community Center (140 E 12th St.). Translation services will be provided. The main topics will be nonconforming uses and amortization under the City’s Land Use Code.

The Land Use Code establishes various zones within the City in which allowable land uses are specified. Uses of property no longer allowed in a zone are referred to as “nonconforming” uses. A use of property may be “legally nonconforming” if it was originally allowed in the zone in which the property is located, but that use was later not allowed because of a change in the zoning. Generally, a legal nonconforming use may continue in existence indefinitely, unless the use is abandoned by the occupier of the property, or the structure in which the use is located is destroyed, or the use is discontinued by amortization.

“Amortization” is a process established by city ordinance in 2006 by which a legal nonconforming use must be discontinued after a period of time sufficient to allow the business to recover their investment. The amortization process provides for the input of the person whose use is being affected, including the right to make a presentation at a public hearing. In National City, amortization does not apply to lawful residential uses. Amortization establishes a method for gradually changing the uses to which land is put in a portion or portions of the community. Amortization should not be confused with eminent domain; it is not a method for the City or the redevelopment agency to acquire property for public works or redevelopment projects.

Although amortization provisions have been part of the City’s Land Use Code since 2006, to date no use of property has been discontinued in National City pursuant to the amortization process. The City Council is interested in hearing the views of all members of the public on amortization, non-conforming land uses, and issues related to implementing long-range plans for National City.