National City Municipal Code Ch. 12.16 Exceptions

A. The planning commission is authorized to grant exceptions for any environmental noise provision of this title, subject to limitations as to area, noise levels, time limits, and other terms and conditions as the planning commission determines are appropriate to protect the public health, safety, and welfare from the noise emanating therefrom. This section shall in no way affect the duty to obtain any permit or license required by law for such activities, nor shall it apply to nuisance noises.

B. Any person seeking an exception pursuant to this section shall file an application with the planning director. The application shall be submitted and processed in the same manner as conditional use permits as provided in Section 18.116.060 through 18.116.090. The application shall contain information that demonstrates that bringing the source of sound or activity for which the exception is sought into compliance with this title would constitute an unreasonable hardship on the applicant, on the community, or on other persons. The fee prescribed in the National City Fee Schedule shall accompany the application. A separate application shall be filed for each noise source; provided, however, that several mobile sources under common ownership, or several fixed sources on a single property may be combined into one application. Notice of an application for an exception shall be published according to Section 18.130.080 of the National City Land Use Code. Any individual who claims to be adversely affected by allowance of the exception may file a statement with the planning commission containing any information to support his claim.

C. In determining whether to grant or deny the application, the planning commission shall balance the hardship on the applicant, the community, and other persons of not granting the exception against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the exception. Applicants for exceptions and persons contesting such exceptions may be required to submit such information as the planning commission may reasonably require, including sound level studies. In granting or denying an application, the planning commission shall keep on public file a copy of the decision and the reasons for denying or granting the exception.

D. Exceptions shall be granted by notice to the applicant containing all necessary conditions including a time limit on the permitted activity. The exception shall not become effective until the applicant agrees to all conditions. Noncompliance with any condition of the exception shall terminate the exception and subject the person holding it to those provisions of this title for which the exception was granted.

E. An exception will not exceed three hundred sixty-five days from the date on which it was granted. Application for extension of time limits specified in exceptions or for modification of other substantial conditions shall be treated like applications for initial exceptions under subsection B of this section.

F. The planning director will issue guidelines defining the procedures to be followed in applying for an exception and the criteria to be considered in deciding whether to grant the exception.

G. Noise limit exceptions or allowances specifically provided for in the issuance of any exception granted under this chapter or the city council approval of a temporary use permit pursuant to Chapter 15.60 for parades, civic functions or other special events, shall not be considered a noise disturbance.

H. Estoppel. An application for exception shall have no effect until properly granted hereunder. Enforcement of violations shall be proper at any time prior to such granting.

(Ord. 2188 § 2, 2001)

The owner of any commercial or industrial source of an environmental noise or sound source may apply to the planning commission for an exception in the length of time allotted to achieve compliance with the provisions of this title. The planning commission shall have the authority, consistent with this section, to grant an exception not to exceed one year from the effective date of the ordinance codified or amended in this title. The same procedures and considerations as followed under Section 12.16.020 shall apply.

(Ord. 2188 § 2, 2001)