Chapter 18.12 — PERMITS AND APPLICATIONS

All housing development projects, as defined in Section 18.50.010 shall be subject to the following provisions:

A.

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

1.

An application for a housing development project that will require the demolition of occupied or vacant protected units shall not be approved unless all of the following apply:

a.

The project will replace all existing or demolished protected units.

1.

If a protected unit is or was, within the five-year period preceding the housing development project application, subject to a form of rent or price control, and is or was occupied by persons or families above lower income, the City shall require:

i.

The replacement units shall be made available at affordable rent or affordable housing cost to, and occupied by, low-income persons or families. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least fifty-five 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 thirty days of determination that the development application is complete if the project contains one hundred and fifty or fewer units; or

2.

Within sixty days of determination that the development application is compete if the project contains more than one hundred and fifty 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 twenty percent of its units as lower-income units and is located on a parcel included in the site inventory of the currently adopted housing element, the project is subject to by right approval provided that the parcel meets one of the following requirements:

1.

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

2.

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

E.

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

F.

A planned housing development project shall not be disapproved on the basis that approval of the planned housing development would trigger the identification or zoning of additional adequate sites to

accommodate the remaining RHNA allocation for National City for the current planning period.

G.

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

1.

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

2.

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

3.

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

4.

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

(Ord. No. 2024-2529, 4-2-2024)

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

A.

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

1.

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

2.

The property owner's authorized agent; or

3.

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

4.

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

B.

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

C.

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

D.

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

E.

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

1.

The Planning Division shall notify the applicant for a housing development project in writing no later than thirty 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 ninety 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 thirty 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 sixty days after receipt of the written appeal.

c.

If a final written determination is not made within sixty 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. 2024-2529, 4-2-2024)

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

(Ord. No. 2024-2529, 4-2-2024)

---

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.

1.

Eligible development projects may be processed through a streamlined ministerial review process. Eligibility requirements for such projects and the applicable streamlined ministerial review process are detailed in Government Code Section 65913.4, as amended.

(Ord. No. 2024-2529, 4-2-2024)

A.

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

B.

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

1.

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

C.

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

D.

Planning Commission Decision.

1.

When a discretionary application is to be decided by the planning commission pursuant to Section 18.12.020, a hearing shall be held in accordance with Section 18.12.050.

2.

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

3.

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

4.

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

5.

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

E.

City Council Decision.

1.

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

2.

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

3.

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

F.

Expiration.

1.

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

2.

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

3.

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

4.

Requests for extensions of time within which to exercise the rights under a discretionary permit shall be made prior to the expiration date thereof. Such requests shall be in writing and, where the planning commission is the granting body, shall be filed with the secretary of the commission. Where the city council is the granting body, such written requests shall be filed with the planning division. Upon the filing of such a written request, the time for the exercise of rights under the permit shall be deemed automatically extended until the granting body determines whether or not the request is to be granted, but in no event shall such automatic extension be for a period longer than thirty days, except as hereinafter provided.

5.

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

6.

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

7.

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

G.

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

1.

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

2.

Any violation of a condition of approval of a discretionary permit.

(Ord. No. 2024-2529, 4-2-2024)

A.

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

B.

Scheduling. For all proposals to be heard by the planning commission, the city manager or his/her designee shall set the date for public hearing and give the required notice. For all appeals of planning commission decisions and all other matters requiring public hearings by the city council, the city clerk shall set dates for public hearings and give required notices. The date of the hearings shall be not less than ten days nor more than forty-five days from the time of the filing of such verified application or the adoption of

a resolution or the making of a motion to set the public hearing. If a planned housing development project complies with applicable general plan and zoning standards and the application is complete, no more than five public hearings may be conducted, and a decision to approve or deny the project shall be reached at one of the five hearings. For these purposes, a hearing does not include a hearing to review a legislative approval required for a planned housing development project.

C.

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

1.

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

2.

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

3.

In the event that the number of owners to whom notice may be sent pursuant to this section is greater than one thousand, notice may be given at least ten days prior to the hearing by either of the following procedures:

a.

By placing a display advertisement of at least one-fourth page in a newspaper having general circulation within the area affected by the proposed ordinance or amendment; or

b.

By placing an insert with any generalized mailing sent by the city to property owners in the area affected by the proposed ordinance or amendment, such as billings for city services.

D.

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

E.

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

F.

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

G.

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

H.

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

I.

Planning Commission Recommendation.

1.

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

2.

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

3.

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

J.

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

K.

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

L.

Effective Date of Decision.

1.

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

2.

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

3.

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

M.

Refiling Procedure. Where an application has been denied by a hearing body and that action has become final, no new application for substantially the same request shall be accepted for a period of one year after the effective date of the denial, unless that hearing body specifies in its decision that the denial is without prejudice.

(Ord. No. 2024-2529, 4-2-2024)

18.12.060 - Appeals.

A.

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

B.

Appeal of Staff Decisions.

1.

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

2.

The planning division, upon receipt of an appeal, shall set the matter for a hearing before the planning commission as soon as is practical in accordance with the public hearing procedures outlined in Section 18.12.050. The appealing party shall be given at least ten days' notice of the time and place of such hearing.

3.

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

4.

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

C.

Appeal of Planning Commission Decisions.

1.

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

2.

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

3.

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

4.

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

D.

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

(Ord. No. 2024-2529, 4-2-2024)

18.12.070 - Site plan review.

A.

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

B.

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

C.

Plan Review.

1.

The planning division shall review all plans submitted and shall endorse its approval on a copy thereof, if it determines that the plan shows:

a.

Compliance with this title and all other applicable city ordinances;

b.

Desirable site layout and design;

c.

Utility of open areas;

d.

Adequate landscaping;

e.

Compatibility with neighboring property;

f.

Compliance with the General Plan or an adopted specific plan;

g.

Incorporation of any mitigation measures stipulated in a certified environmental impact report or negative declaration for the project, if applicable.

2.

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

3.

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

D.

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

E.

Preliminary Site Plan Review.

1.

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

2.

A fee in such amount as the city council shall from time to time establish by resolution shall be paid to the finance officer at the time of submittal, which amount will be deducted from the building permit fee paid at the time building permits are issued.

(Ord. No. 2024-2529, 4-2-2024)

A.

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

B.

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

C.

Notice of Application.

1.

The designated staff person shall mail notice of the application no later than ten days after an application has been deemed complete to:

a.

The applicant.

b.

The owners of any real property, as shown on the latest equalized property tax assessment roll of the San Diego County Assessor, located within three hundred feet of the boundary of the property that is the subject of the application.

D.

Contents of the Notice of Application.

1.

The notice of application shall include the following information:

a.

A general description of the proposed project, including, when applicable, the type of permit requested, project name, square footage of proposed construction, and number of residential units proposed.

b.

The location and size of the property that is the subject of the application.

c.

The name, telephone number, and city address of the designated staff person to contact for additional information.

d.

An explanation that a minor use permit is an administrative process whereby the decision to approve, conditionally approve, or deny the proposed development will be made by the planning division without a public hearing.

e.

An explanation of the process to appeal the decision.

E.

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

F.

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

G.

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

1.

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

2.

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

3.

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

4.

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

5.

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

H.

Issuance of Permit and Duration.

1.

Upon the approval of an application, the planning division shall authorize the issuance of a minor use permit, with or without conditions, and one copy of which shall be forwarded to:

a.

The applicant;

b.

The building official;

c.

Any other department or agency the planning division considers affected by the issuance of the permit; and

d.

The division files for permanent retention.

2.

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

I.

Conditions of Approval. In approving a minor use permit, the planning division may impose any conditions deemed reasonable and necessary to ensure that the approval would comply with the findings required by

this section.

(Ord. No. 2024-2529, 4-2-2024)

A.

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

B.

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

C.

Application Requirements.

1.

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

2.

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

3.

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

4.

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

D.

Findings and Decision.

1.

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

a.

There is no display of merchandise;

b.

No stock in trade nor commodity is sold upon the premises;

c.

The home occupation shall not result in the reduction of required off-street parking;

d.

Home occupations, except for urban agricultural uses permitted by Section 18.30.240 (Urban Agriculture), shall be conducted within an enclosed structure on the premises;

e.

No person other than the resident is engaged in the home occupation on the premises;

f.

The resident shall not rent space to others in association with a home occupation;

g.

All sales of products and the performance of all service or work that requires the presence of a partner, employee, or customer shall take place off the premises;

h.

No mechanical equipment is used except that which is normally necessary for housekeeping purposes;

i.

No signs or advertising for the home occupation is placed on the premises and other advertising does not identify the address of the premises;

j.

Materials or products associated with the home occupation are stored in an enclosed structure on the premises and shall not exceed one thousand cubic feet for the entire premises or any more restrictive limitations by the building or housing division or county health department.

k.

Only one vehicle for business-related purposes is permitted on the premises or on any adjacent residentially zoned area. This vehicle may not exceed a one ton carrying capacity and may not be a tow truck.

l.

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

m.

A business license is procured.

2.

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

E.

Issuance of Permit and Duration.

1.

Upon the approval of an application, the planning division shall authorize the issuance of a home occupation permit and one copy of which shall be forwarded to:

a.

The applicant;

b.

Any other department or agency the planning division considers affected by the issuance of the permit; and

c.

The division files for permanent retention.

2.

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

3.

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

4.

If it is determined or found by the city manager or his/her designee that the home occupation authorized causes a disturbance or nuisance to the abutting neighborhood, it shall be reviewed by the planning commission and may be declared null and void, and any business license issued shall be subject to cancellation.

(Ord. No. 2024-2529, 4-2-2024)

A.

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

B.

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

C.

Exemptions from a Sign Permit.

1.

The following signs may be installed without a sign permit, provided that they meet the requirements listed below:

a.

Maintenance of a sign that does not involve structural or electrical changes;

b.

Interior signs; except for theater lobby signs;

c.

Public utility and safety signs that are required by law;

d.

Signs that are required by law, other than public utility and safety signs, provided that they do not exceed the minimum dimensions required by the law;

e.

Signs required by the fire department to designate fire lanes;

f.

Temporary real estate signs that are not illuminated. Only one such sign is permitted to face on each street adjacent to the property. Such signs may be single- or double-faced and are limited in size to four square feet or less on property in residential zones, and ten square feet or less on property in commercial zones;

g.

Nameplate identification signs and combination name plates and address signs with letters that do not exceed three inches in height, are not illuminated, and do not exceed four square feet in area;

h.

Construction site signs that are not illuminated;

i.

Window signs;

j.

Tablets, memorials, and cornerstones that are built into the walls of a building, and provide information such as the name of the building and the date of construction;

k.

Incidental residential signs that provide warnings such as "no parking," "watch dogs," "private property," and "security service" that are not illuminated, do not exceed one square foot in area each, and do not project over a public right-of-way. No more than three of these signs shall be allowed per premises;

l.

Bulletin boards, provided they do not exceed sixteen square feet in area, do not project over a public rightof-way, and are not illuminated.

D.

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

E.

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

F.

Decision and Findings.

1.

The planning division may approve or deny an application for a sign permit. The designated staff person shall record the decision and the findings on which the decision is based. The sign permit may be approved once the following findings are made:

a.

The proposed sign is architecturally and aesthetically compatible with the major structures on the subject site and adjacent sites and is compatible with the character of the neighborhood and general environment;

b.

Granting the application is in conformance with the goals, policies, and objectives of the General Plan and the purpose and intent of any applicable specific plan, and the purposes of this Land Use Code and would not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and the same zoning district; and

c.

Granting the application would not be detrimental or injurious to property or improvements in the vicinity of the subject site, or to the public health, safety, or general welfare.

G.

Issuance of Permit and Duration.

1.

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

2.

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

3.

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

4.

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

5.

Upon successful completion and inspection of the work authorized under a sign permit, the sign permit shall be in effect for the duration of the use for which the sign is intended, or for a time period specified in the permit, or until the time a revocation of the permit is effectuated based on non-compliance with the terms of the permit.

(Ord. No. 2024-2529, 4-2-2024)

A.

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

B.

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

C.

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

D.

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

E.

Findings and Decision.

1.

The planning commission may approve or deny a conditional use permit through a public hearing process. Before any conditional use permit is granted, the applicant shall show the existence of the following facts:

a.

The proposed use is allowable within the applicable zoning district pursuant to a conditional use permit and complies with all other applicable provisions of the Land Use Code; and

b.

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

c.

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

d.

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

e.

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

f.

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

2.

The decision of the planning commission is appealable to the city council in accordance with Section 18.12.060.

F.

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

G.

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

H.

Revocation.

1.

Conditional use permits may be subject to revocation in the time and manner as set forth in this section. Whenever the city manager or his/her designee finds that any of the following facts exist, with reference to a conditional use permit, he/she may recommend to the planning commission or city council, whichever body granted the permit, that the conditional use permit be revoked:

a.

That the conditional use permit was obtained by fraud; or

i.

That the use authorized by such conditional use permit has ceased, or has been suspended, for any reason, for a period of six months or more; or

ii.

That the conditional use permit is being exercised in a manner contrary to any law or conditions of approval imposed upon such conditional use permit; or

iii.

That any use or uses pursuant to such conditional use permit is being, or has been, exercised in a manner detrimental to public peace, health, safety, or welfare, or in a manner to constitute a public nuisance.

b.

Upon receipt of such recommendation, the granting body shall expeditiously set and conduct a public hearing upon such matter after having given notice in the manner set forth in Section 18.12.050. At the time and place of such hearing, the body conducting such hearing shall determine whether any one of the facts, set forth in Section 18.12.110(H)(1)a are present. If, as a result of the evidence produced at such hearing, the body conducting the hearing determines that any one of such facts are present, it shall revoke the conditional use permit.

c.

If the revocation proceeding is conducted before the planning commission, the decision of the commission shall be subject to an appeal to the city council in the time and manner as set forth in Section 18.12.060. In the absence of such appeal from a commission decision, its decision shall be final and conclusive. The action of the city council, either upon an appeal or as a conducting body, shall be final and conclusive for all purposes.

I.

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

(Ord. No. 2024-2529, 4-2-2024)

A.

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

B.

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

C.

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

D.

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

E.

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

1.

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

2.

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

3.

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

F.

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

G.

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

(Ord. No. 2024-2529, 4-2-2024)

18.12.130 - Planned development permits.

A.

Purpose. The purpose of these procedures is to:

1.

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

2.

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

3.

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

4.

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

B.

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

C.

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

D.

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

E.

Special Lot Sizes, Setback, and Height Requirements.

1.

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

2.

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

F.

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

G.

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

1.

The proposed development is consistent with the General Plan;

2.

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

3.

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

4.

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

5.

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

6.

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

H.

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

I.

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

(Ord. No. 2024-2529, 4-2-2024)

18.12.140 - Zoning amendments.

A.

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

B.

Initiation. Zoning amendments may be initiated by:

1.

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

2.

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

3.

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

Minute action of the city council;

5.

Minute action of the planning commission.

C.

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

D.

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

E.

All zoning code or land use designation amendments shall be made in accordance with Government Code Section 66300, as amended.

(Ord. No. 2024-2529, 4-2-2024)

18.12.150 - General plan and specific plan amendments.

A.

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

B.

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

1.

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

2.

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

3.

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

Minute action of the city council;

5.

Minute action of the planning commission.

C.

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

D.

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

E.

Limitations on General Plan Amendments. General Plan amendments shall occur no more frequently than four times during any calendar year unless otherwise specified in Government Code Section 65358.

(Ord. No. 2024-2529, 4-2-2024)

A.

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

1.

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

2.

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

B.

Designation of Historic Properties.

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

2.

Changes to the historic properties list may be initiated by resolution of the city council or on the verified application of the owner(s) of the property to be designated or their authorized agents.

a.

For a planned housing development project, the Planning Commission shall determine whether the site of the proposed housing development project is a historic site at the time the application for the housing development is complete. The determination shall remain valid during the pendency of the housing development project for which the application was made unless any archaeological, paleontological, or tribal cultural resources are encountered during construction.

3.

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

4.

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

5.

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

6.

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

7.

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

C.

Review of Ministerial Permits.

1.

The building official or designee shall review each request for a non-discretionary building or demolition permit to determine if it involves any structure identified on the list of historic properties. If a property

proposed for demolition or significant alteration or conversion is determined to be on the historic properties list, the building official or designee shall withhold issuance of the permit for a period of thirty days.

2.

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

3.

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

4.

Once the planning division has reviewed the permit application and considered any comments or recommendations from the historical society, it shall provide a recommendation to the city council. The recommendation may include approval of the permit, no recommendation, recommendation that the permit be denied, or a request for additional time to evaluate the permit.

5.

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

D.

Review of Discretionary Permits. All discretionary permits involving a historic resource shall be reviewed in compliance with the California Environmental Quality Act.

(Ord. No. 2024-2529, 4-2-2024)

DIVISION 2. - ZONING DISTRICTS AND ALLOWABLE LAND USES Chapter 18.20 - ZONING MAP

This section identifies the zones that apply to property within the city and adopts the city's zoning map. National City is organized into zones that implement the General Plan, which are identified on the zoning map.

(Ord. No. 2024-2529, 4-2-2024)

18.20.020 - Zones and zoning map.

A.

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

B.

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

C.

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

D.

Pre-Zoning of Unincorporated Lands.

1.

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

2.

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

E.

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

F.

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

_____

TABLE 18.20.020 Zone Classifications

;sz=8q; 1 ADUs and JADUs permitted subject to Sections 18.30.380 and 18.30.390

(Ord. No. 2024-2529, 4-2-2024)

---

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

A.

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

1.

Boats (except in marinas).

2.

Camper shells (except in recreational vehicle parks).

3.

Mobile homes (except in mobilehome parks).

4.

Recreational vehicles (except in recreational vehicle parks).

5.

Shacks.

Sheds.

7.

Shipping containers.

8.

Storage units.

9.

Tarpaulins.

Tents (except in recreational vehicle parks).

11.

Trailers (except in recreational vehicle parks).

Buildings or structures of a temporary nature.

B.

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

Attics.

2.

Basements.

3.

Cellars.

4.

Decks.

5.

Game rooms.

Garages.

7.

Nonresidential buildings.

8.

Patios.

9.

Porches.

Rooftops.

C.

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

D.

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

1.

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

2.

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

3.

Mobile homes (except in mobile home parks).

4.

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

5.

Trailers within any required front, side, exterior, or street setback.

(Ord. No. 2024-2529, 4-2-2024)

Chapter 18.21 - RESIDENTIAL ZONES

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

A.

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

B.

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

C.

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

D.

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

E.

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

F.

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

G.

Very High Density Multi-Unit Residential (RM-3). The purpose of the RM-3 zone is to provide for mid- to high-rise, very high density (forty-nine to seventy-five dwelling units per acre) multiple family residential.

(Ord. No. 2024-2529, 4-2-2024)

18.21.020 - Allowed land uses and permit requirements.

A.

Residential Land Uses.

1.

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

2.

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

3.

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

---

TABLE 18.21.020 Allowed Land Uses Residential Zones

(Ord. No. 2024-2529, 4-2-2024)

---

18.21.030 - Accessory uses.

A.

Home Occupations. A home occupation permit granted by the planning division pursuant to Section 18.12.090 (Home Occupation Permits) shall be required. The home occupation shall comply with the provisions included within the definition as provided in the glossary.

B.

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

C.

Limitations on Accessory Uses and Structures.

1.

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

2.

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

D.

Recreational Facilities. Recreational facilities serving a multi-unit residential development may be permitted. Typical facilities include:

1.

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

2.

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

3.

Playgrounds, sitting areas, and picnic/barbeque areas.

(Ord. No. 2024-2529, 4-2-2024)

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

Table 18.21.040

Development Standards Residential Zones

Notes:

(a)

Stoops and porches may extend into the front yard up to the front property line or in the case of a corner parcel, to the side property line. Garages shall maintain a fifteen-foot front yard setback.

(b)

A zero foot minimum side yard, for one side yard on the parcel, is permitted provided that there is a six-foot separation to the adjacent residential structure and that there is a minimum three-foot side yard setback on the opposite side.

(c)

Except for stoops and porches, accessory structures shall not be located in the front yard setback. Porches or stoops should be at least six feet deep.

(d)

No single accessory structure shall have a footprint greater than that of half of the primary structure excluding area dedicated to an ADU.

(Ord. No. 2024-2529, 4-2-2024)

Chapter 18.22 - COMMERCIAL ZONES

A.

Purposes. The general purposes of commercial zones are to:

1.

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

2.

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

3.

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

B.

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

C.

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

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

2.

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

D.

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

E.

Tourist Commercial (CT). The purpose of the CT zone is to provide areas catering specifically to the needs of automobile-oriented trade, such as transient accommodations and services, certain specialized retail outlets, commercial amusement enterprises and compatible residential development.

(Ord. No. 2024-2529, 4-2-2024)

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

_____

TABLE 18.22.020 Allowed Land Uses Commercial Zones

(Ord. No. 2024-2529, 4-2-2024; Ord. No. 2026-2559, § 4, 1-20-2026)

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A.

Commercial Uses in Hotels and Motels. Accessory uses and services incidental to the principal use may be permitted; and accessory businesses intended for the convenience or necessity of the guests of the principal use, including bars, cafes, restaurants, lunchrooms, coffee shops, gift shops, florists, barbershops, beauty shops, news and tobacco shops, travel and car rental agencies, business centers,

valet service (agency for laundering, cleaning, and pressing of clothing), letting of space for professional offices, operated in conjunction with the uses permitted in this section and not as a separate enterprise, and located on the same premises may be permitted, provided there shall be no entrance to such accessory uses except from the lobby or the interior of a principal building or buildings or patio.

B.

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

C.

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

D.

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

E.

Games of Skill or Amusement.

1.

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

2.

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

3.

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

4.

Limitations on location of games of skill and amusement.

a.

No games of skill and amusement accessible for use by minors shall be maintained, operated, conducted or used, nor kept for such purposes, in or on the premises of any establishment whose primary business is the sale of alcoholic beverages. This shall not prohibit the operation of amusement machines in a bona fide

establishment with an on-sale liquor license or restaurants which are not licensed to sell alcoholic beverages.

b.

No games of skill and amusement shall be maintained, operated, conducted or uses, nor kept for such purposes, within any place which is closer than three hundred feet from any public or private school which conducts classes for any grades from kindergarten to twelfth grade.

F.

Catering Services. Catering services for retail food preparation and party supplies may be permitted; provided said use is conducted in conjunction with a permitted restaurant, retail store, or commercial office; and further provided that the wholesaling or warehousing of merchandise does not occur in the operation of the catering business.

(Ord. No. 2024-2529, 4-2-2024)

Development standards for commercial zones are set forth in Table 18.22.040. Refer to the Westside Specific Plan for additional requirements in the CL zone.

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TABLE 18.22.040 Development Standards Commercial Zones

Notes:

(b)

Automobile service stations shall have a minimum lot area of fifteen thousand square feet.

(c)

Automobile and truck repair facilities shall have a minimum lot area of seven thousand five hundred square feet.

(d)

Automobile service stations shall have a minimum street frontage of one hundred feet.

(e)

Ten feet if adjacent to an existing single-family or multi-family development without commercial/office uses.

(Ord. No. 2024-2529, 4-2-2024)

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All uses shall be conducted in enclosed buildings; provided, however, that businesses such as auto and truck dealers, landscape nurseries, gas stations, sidewalk cafes/outdoor dining, and similar uses that customarily include outdoor use, may be permitted outside of a completely enclosed building. This section shall not restrict incidental loading, parking, property maintenance, or special promotions as provided by this title.

(Ord. No. 2024-2529, 4-2-2024)

Chapter 18.23 - WESTSIDE MIXED-USE ZONES

The purpose of the MCR-1 and MCR-2 zones is to provide an area within the Westside Specific Plan area for either commercial or multi-family residential development or a commercial and multi-family development constructed on a single parcel or as components of a single development on an assemblage of parcels.

(Ord. No. 2024-2529, 4-2-2024)

The uses permitted in the MCR-1 and MCR-2 zones are listed in Appendix A of the Westside Specific Plan.

(Ord. No. 2024-2529, 4-2-2024)

18.23.030 - General development standards.

The development standards for the MCR-1 and MCR-2 zones are identified in Table 18.23.030. Refer to the Westside Specific Plan for additional requirements in the MCR-1 and MCR-2 zones.

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TABLE 18.23.030 Development Standards MCR-1 AND MCR-2 Zones

Notes:

(a)

Ten feet if adjacent to single-family or multi-family development without commercial/office uses.

(b)

Maximum density if forty-five dwelling units per acre in the MCR-2 civic center drive district and sixty dwelling units per acre in the MCR-2 transit oriented development district.

(c)

Required for each unit over three units.

(Ord. No. 2024-2529, 4-2-2024)

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Chapter 18.24 - MIXED-USE CORRIDOR AND DISTRICT ZONES

The purpose of the mixed-use corridor and district zones is to create vibrant, mixed-use places that support a dynamic economy, affordable housing and environmental sustainability along major roadways. The mixed-use zones establish standards relating to building form and placement, building frontages, land use, parking, civic spaces, and streets. These standards are intended to create transit-oriented development with high quality architecture, pedestrian-oriented streets, a variety of housing options, accessible civic spaces, and a fine-grained mixture of land uses and activities. These standards differ from conventional zones by de-emphasizing land use regulations and instead focusing on physical form and building design. The mixed-use corridor and district zones implement policies relating to neighborhood design in the Land Use and Community Character Element of the National City General Plan.

(Ord. No. 2024-2529, 4-2-2024)

A.

Mixed-Use Corridor, Minor (MXC-1). The MXC-1 zone supports the creation of mixed-use corridors at a scale compatible with adjacent single-family residential neighborhoods. Development in the zone is intended to create a pedestrian-oriented development that enhances the quality of life within the corridor and for adjacent residential neighborhoods. Buildings in the zone are built at or near front property lines to create a well-defined public realm. Parking areas are de-emphasized by being located adjacent to or behind buildings. Multi-family residential and mixed-use buildings provide a diversity of housing choices for existing and new residents. Commercial uses provide goods and services for residents and jobs for the community.

B.

Mixed-Use Corridor, Major (MXC-2). The MXC-2 zone supports the creation of mixed-use corridors that function as important activity centers within the community. Development in the zone is intended to create vibrant places at an urban scale. Buildings in the zone are built to the property lines to create a clearly defined street edge with building frontages that are active and inviting for pedestrians. Residents in mixed-

use buildings with housing above retail support commercial establishments within the corridor. High quality architectural design and a distinctive sense of place make the zone an attractive destination to work, shop, and play for residents and visitors.

C.

Mixed-Use District, Minor (MXD-1). The MXD-1 zone supports the creation of mixed-use districts at a scale compatible with adjacent single-family residential neighborhoods. New development within the zone may be oriented towards an existing public street or a new street or civic space within the development site. A mixture of land uses within the zone will support a neighborhood feel and increase the ability for workers and residents to walk to destinations. New streets established in the zone support a pedestrian-oriented environment and accommodate all modes of transportation. New civic spaces required for large redevelopment projects create a lively focal point within the district that functions as a gathering place for residents and workers within the district.

D.

Mixed-Use District, Major (MXD-2). The MXD-2 zone supports the creation of mixed-use districts that serve as primary activity centers within the city. These activity centers will function as twenty-four-hour

neighborhoods for residents, workers, and visitors. Housing, employment, retail, and recreational uses located within close proximity to one another will reduce dependence on the automobile. Urban-scale development will contribute to a lively, dynamic, and unique sense of place. Streets established in the zone support a pedestrian-oriented environment and accommodate all modes of transportation. New civic spaces required for large redevelopment projects will reinforce the urban design character of the district and provide a gathering place for residents, workers, and visitors.

E.

Mixed-Use Transition (MXT). The MXT zone supports the creation of transitional mixed-use areas between single-family residential neighborhoods and retail and commercial districts and corridors. Development in this zone is intended to facilitate an integrated pattern of uses and activities that complement and enhance the quality of life of the adjacent residential neighborhoods. Buildings in the zone are built at or near front property lines to create a well-defined public realm. Parking areas are de-emphasized by being located adjacent to or behind buildings. Multi-family residential and mixed-use buildings provide a diversity of housing choices for existing and new residents. Commercial uses provide goods and services for residents and jobs for the community.

(Ord. No. 2024-2529, 4-2-2024)

The requirements of this chapter (Mixed-Use Corridor and District Zones) take precedence over the regulations found elsewhere in Title 18. In the event of a conflict between this chapter and another portion of the Land Use Code, the provisions of this chapter shall govern.

(Ord. No. 2024-2529, 4-2-2024)

A.

Purpose. This section establishes standards for building form and placement, including building height, bulk, mass, and parking placement within the mixed-use corridor and district zones.

B.

Intent. The intent of these standards is to ensure excellence in site planning and building design in order to create a vibrant and well-defined public realm that is pedestrian-friendly and supportive of a sustainable way-of-life. The images below illustrate the intent of these standards.

C.

Mixed-Use Transit Corridor, Minor (MXC-1). Development in the MXC-1 zone shall comply with the standards in Table 18.24.040A (MXC-1 Zone Building Form and Placement).

TABLE 18.24.040A

MXC-1 Zone Building Form and Placement

Notes:

(a)

Mixed use shall be defined as both vertical mixed use (e.g., residential or office above ground floor commercial) and horizontal mixed use (e.g., residential and commercial uses in separate buildings located on a single parcel or site). A mixed use development that is primarily residential shall contain a minimum often percent commercial floor area. A mixed use development that is primarily commercial shall contain a minimum twenty percent residential floor area.

(b)

Does not apply when parking is not visible from any point six feet above finish grade along property lines adjacent to public rights-of-way.

Building Setback Standards in the MXC-1 Zone

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Building Volume Standards in the MXC-1 Zone

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Building Setback Standards in the MXC-1 Zone

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Parking Setback Standards in the MXC-1 Zone

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D.

Mixed-Use Corridor, Major (MXC-2) Standards. Development in the MXC-2 zone shall comply with the standards in Table 18.24.040B (MXC-2 Zone Building Form and Placement).

TABLE 18.24.040B

MXC-2 Zone Building Form and Placement

Notes:

(a)

Mixed use shall be defined as both vertical mixed use (e.g., residential or office above ground floor commercial) and horizontal mixed use (e.g., residential and commercial uses in separate buildings located on a single parcel or site). A mixed use development that is primarily residential shall contain a minimum often percent commercial floor area. A mixed use development that is primarily commercial shall contain a minimum twenty percent residential floor area.

(b)

Does not apply when parking is not visible from any point six feet above finish grade along property lines adjacent to public rights-of-way.

Building Setback Standards in MXC-2 Zone

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Building Volume Standards in MXC-2 Zone

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Parking Setback Standards in the MXC-2 Zone

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E.

Mixed-Use Transition (MXT). Development in the MXT zone shall comply with the standards in Table 18.24.040C (MXT Zone Building Form and Placement).

TABLE 18.24.040C

MXT Zone Building Form and Placement

Notes:

(a)

Mixed use shall be defined as both vertical mixed use (e.g., residential or office above ground floor commercial) and horizontal mixed use (e.g., residential and commercial uses in separate buildings located on a single parcel or site). A mixed use development that is primarily residential shall contain a minimum often percent commercial floor area. A mixed use development that is primarily commercial shall contain a minimum twenty percent residential floor area.

(b)

Does not apply when parking is not visible from any point six feet above finish grade along property lines adjacent to public rights-of-way.

Building Setback Standards in teh MXT Zone

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Building Volume Standards in the MXT Zone

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Parking Setback in the MXT Zone

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F.

Mixed-Use District (MXD-1) Standards. Development in the MXD-1 zone shall comply with the standards in Table 18.24.040D (MXD-1 Zone Building Form and Placement).

TABLE 18.24.040D

MXD-1 Zone Building Form and Placement

Notes:

(a)

Mixed use shall be defined as both vertical mixed use (e.g., residential or office above ground floor commercial) and horizontal mixed use (e.g., residential and commercial uses in separate buildings located on a single parcel or site). A mixed use development that is primarily residential shall contain a minimum often percent commercial floor area. A mixed use development that is primarily commercial shall contain a minimum twenty percent residential floor area.

(b)

Does not apply when parking is not visible from any point six feet above finish grade along property lines adjacent to public rights-of-way.

Building Setback Standards in the MXD-1 Zone

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Building Volume Standards in the MXD-1 Zone

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Parking Setback Standards in the MXD-1 Zone

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G.

Mixed-Use District, Major (MXD-2) Standards. Development in the MXD-2 zone shall comply with the standards in Table 18.24.040E (MXD-2 Zone Building Form and Placement).

TABLE 18.24.040E

MXD-2 Zone Building Form and Placement

Notes:

(a)

Mixed use shall be defined as both vertical mixed use (e.g., residential or office above ground floor commercial) and horizontal mixed use (e.g., residential and commercial uses in separate buildings located on a single parcel or site). A mixed use development that is primarily residential shall contain a minimum often percent commercial floor area. A mixed use development that is primarily commercial shall contain a minimum twenty percent residential floor area.

(b)

Does not apply when parking is not visible from any point six feet above finish grade along property lines adjacent to public rights-of-way.

Building Setback Standards in the MXD-2 Zone

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Building Volume Standards in the MXD-2 Zone

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Parking Setback Standards in the MXD-2 Zone

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(Ord. No. 2024-2529, 4-2-2024; Ord. No. 2025—2548, § 2, 10-7-2025)

18.24.050 - Allowed land uses and permit requirements.

A.

Purpose. This section identifies permitted uses within the mixed-use zones.

B.

Permitted Land Uses. Land uses permitted in the mixed-use zones shall be as specified in Table 18.24.050 (Allowed Land Uses - Mixed-Use Zones).

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TABLE 18.24.050

Allowed Land Uses Mixed-Use Zones

Notes:

(a)

Visitor serving, tourist commercial, and recreational uses are prioritized in the coastal zone.

(b)

Residential uses are not permitted in the coastal zone west of 1-5.

(Ord. No. 2024-2529, 4-2-2024)

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A.

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

B.

Storage Buildings and Garages. Storage buildings and garages incidental to principal uses on the same premises are permitted. Storage buildings and garages may be attached to or contain accessory dwelling units as stipulated in Section 18.30.380.

C.

Recreational Facilities. Recreational facilities serving the customer or patron of a principal use may be permitted. Typical facilities include:

1.

Swimming pools, gymnasiums/fitness centers, and hot tubs/spas;

2.

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

3.

Playgrounds, sitting areas, and picnic/barbeque areas.

D.

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

E.

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

F.

Games of Skill or Amusement.

1.

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

2.

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

3.

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

4.

Limitations on location of games of skill and amusement.

a.

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

b.

No games of skill and amusement shall be maintained, operated, conducted or uses, nor kept for such purposes, within any place which is closer than three hundred feet from any public or private school which conducts classes for any grades from kindergarten to twelfth grade.

G.

Catering Services. Catering services for retail food preparation and party supplies may be permitted; provided said use is conducted in conjunction with a permitted restaurant, retail store, or commercial office; and further provided that the wholesaling or warehousing of merchandise does not occur in the operation of the catering business.

(Ord. No. 2024-2529, 4-2-2024)

18.24.070 - Building frontage standards.

A.

Purpose. This section identifies permitted frontage types for each mixed-use zone and establishes design standards that apply to each frontage type.

B.

Frontage Types Defined. Frontage types refer to the design and function of street-facing wall building facades. Frontage types define the way a structure engages the street and provides a transition between the public and private realm.

C.

Permitted Frontage Types.

1.

MXC-1, MXC-2, and MXT Zones. Exterior building walls in the MXC-1 and MXC-2 zones facing a street shall feature a permitted frontage type as shown in Table 18.24.070 (Building Frontage Types).

2.

MXD-1 and MXD-2 Zones. Exterior building walls in the MXD-1 and MXD-2 zones facing a collector or arterial street shall feature a permitted frontage type as shown in Table 18.24.070 (Building Frontage Types).

Within the MXD-1 and MXD-2 zones, frontage type requirements do not apply to building walls facing other types of streets.

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TABLE 18.24.070

Building Frontage Types in Mixed-Use Zones

Notes:

(a)

Permitted only for exterior building walls fronting one or more existing single-family home.

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D.

Residential Transitions.

1.

Required Frontage Types. The portion of a building facing and located across a street from one or more detached single-family home shall feature either a porch or a stoop frontage type.

2.

Distinct Volumes. Frontages as required by Subsection (1) above shall read as a series of distinct volumes, each no greater than fifty feet in width. Variation in building color, breaks in the horizontal plane, architectural detailing, and other similar methods may be used to comply with this requirement. Unarticulated facades are not permitted.

E.

Frontage Type Standards. Frontage types shall comply with the following standards.

Porch.

a.

Porch Defined. A porch is a covered but unenclosed projection from the front wall of a structure generally surrounding the main entry to a dwelling unit.

b.

Dimensions. A porch shall comply with the following dimension standards:

i.

Depth: Eight feet minimum.

ii.

Width: Twelve feet minimum.

iii.

Height: Eight feet minimum from finished floor to ceiling.

c.

Maximum Elevation. The elevation of a porch floor shall not exceed four feet from adjacent grade.

d.

Maximum Fence Height. The height of a fence located at the front sidewalk shall not exceed forty-eight inches from adjacent grade.

e.

Open Sides Required. Full or partial enclosure of porches greater than forty-two inches in height is prohibited.

Porch and Fence Standards: Section View

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Porch and Fence Standards: Plan View

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Stoop.

a.

Stoop Defined. A stoop is an uncovered unenclosed elevated platform projecting from the front wall of a structure providing access to the ground level of a building.

b.

Dimensions. A stoop shall comply with the following dimension standards:

i.

Depth: Six feet minimum.

ii.

Width: Four feet minimum.

c.

Maximum Elevation. The elevation of a stoop floor shall not exceed six feet from adjacent grade.

d.

Maximum Fence, Handrail, or Wall Height. The height of a fence, handrail, or wall surrounding a stoop shall not exceed forty-two inches as measured from the stoop floor.

e.

Open Sides Required. Full or partial enclosure of stoops greater than forty-two inches in height is prohibited.

Stoop Standards: Section View

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Stoop Standards: Plan View

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3.

Lightcourt.

a.

Lightcourt Defined. A lightcourt is a sunken front yard area that buffers residential uses from adjacent sidewalks.

b.

Maximum Depth. The lower level of a building accessed by a lightcourt shall be no more than six feet below adjacent grade.

c.

Maximum Stoop Elevation. The maximum elevation of the stoop portion of a lightcourt shall not exceed six feet from adjacent grade.

Lightcourt Standards: Section View

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Lightcourt Standards: Plan View

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Dooryard.

a.

Dooryard Defined. A dooryard is a garden or terrace in the front yard area elevated from the adjacent sidewalk.

b.

Maximum Garden or Terrace Elevation. The maximum elevation of an elevated garden or terrace shall be three feet from adjacent grade.

c.

Open Sides Required. Full enclosure of an elevated garden or terrace is prohibited.

Dooryard Standards: Section View

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Dooryard Standards: Plan View

Dooryard Standards: Plan View

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Forecourt.

a.

Forecourt Defined. A forecourt is an open area partially surrounded by building walls that opens to a public sidewalk.

b.

Minimum Dimensions. The area of a forecourt surrounded by building walls shall comply with the following dimension standards:

i.

Depth: Six feet minimum.

ii.

Width: Twenty feet minimum, fifty feet maximum.

c.

Maximum Elevation. The elevation of a forecourt floor shall not exceed six feet from adjacent grade.

d.

Minimum Transparency. The minimum area of a forecourt's street-facing walls consisting of transparent windows shall be forty percent for residential uses and sixty percent for commercial uses.

Forecourt Standards: Plan View

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Forecourt Standards: Plan View

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Shopfront.

a.

Shopfront Defined. A shopfront is a building facade that consists primarily of transparent glass with access to a commercial space located at street level.

b.

Minimum Transparency, Ground Floor. A minimum of sixty-five percent of the street-facing walls of a ground floor shopfront shall consist of transparent windows or doors with views into the building

c.

Minimum Transparency, Upper Floors. A minimum of forty percent of the street-facing walls of upper floors shall consist of transparent windows or doors.

d.

Ground Floor Doors. A minimum of eighty percent of the area of any door providing access to ground floor commercial uses shall consist of transparent glass.

e.

Upper Floor Window Proportions. Facade openings and windows on upper stories shall be vertically proportioned, with a greater height than width. The height-width ratio of windows and openings shall be no less than 1.5:1.

f.

Ground and Upper Floor Windows. The percentage of building facade consisting of windows shall be greater on the ground floor than on upper floors.

g.

Awning and Canopy Dimensions. An awning or canopy attached to the exterior of a shopfront shall comply with the following dimension standards.

i.

Maximum projection from building wall: Eight feet, or two-thirds of the sidewalk width, whichever is greater.

ii.

Minimum eight feet clearance above sidewalk.

h.

Awning and Canopy Location. Awnings and canopies may be permitted along storefronts and doors only.

i.

Doors and Windows. Doors and windows shall not open or project into the public right-of-way.

Shopfront Standards: Section View

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Shopfront Standards: Plan View

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Gallery.

a.

Gallery Defined. A gallery is a storefront with a covered walkway supported by columns or arches that may project over a sidewalk or walkway.

b.

Minimum Transparency. A minimum of sixty percent of the primary frontage of a gallery shall consist of transparent windows or doors with views into the building.

c.

Minimum Dimensions. A gallery shall comply with the following minimum dimension standards:

i.

Minimum dimensions of twelve feet wide, six feet deep, and ten feet high.

ii.

Maximum three feet distance between curb face and edge of gallery column or arch.

d.

Doors and Windows. Doors and windows shall not open or project into the public right-of-way.

Gallery Standards: Section View

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Gallery Standards: Plan View

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Arcade.

a.

Arcade Defined. An arcade is a shopfront with a habitable upper story that projects over a sidewalk supported by columns or arches.

b.

Minimum Transparency, Ground Floor. A minimum of sixty percent of the street-facing ground floor frontage of an arcade shall consist of transparent windows or doors with views into the building.

c.

Minimum Transparency, Upper Floors. A minimum of forty percent of the upper floors of the street-facing frontage of an arcade shall consist of transparent windows or doors.

d.

Minimum Dimensions. An arcade shall comply with the following minimum dimension standards:

i.

Minimum dimensions of twelve feet wide, ten feet deep, and ten feet high

ii.

Maximum three feet distance between curb face and edge of arcade

e.

Doors and Windows. Doors and windows shall not open or project into the public right-of-way

Arcade Standards: Section View

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Arcade Standards: Plan View

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Lobby.

a.

Lobby Defined. A lobby is a building facade that includes transparent glass with access to a lobby space located at street level.

b.

Minimum Transparency. The minimum area of a lobby's street-facing walls consisting of transparent windows shall be forty percent for residential uses and sixty percent for commercial uses.

c.

Maximum Elevation. The elevation of a lobby floor shall not exceed three feet from adjacent grade.

d.

Entrances. Entrance may be inset or flush with building facade

e.

Doors and Windows. Doors and windows shall not open or project into the public right-of-way.

Lobby Standards: Section View

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Lobby Standards: Plan View

==> picture [240 x 174] intentionally omitted <==

F.

Commercial Service Location and Screening.

1.

Service activities associated with commercial uses shall be setback a minimum of fifteen feet from any property line abutting a parcel occupied by a detached single-family home.

2.

Outdoor storage, trash collection, and loading areas shall located and screened from view such that they are not visible from any parcel occupied by a detached single-family home.

G.

Noise Generating Activities. Outdoor dining, amplified music, and other noise-generating activities as determined by the Director shall be setback a minimum of one hundred fifty feet from the property line of any parcel occupied by a detached single-family home.

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

18.24.080 - Parking requirements.

A.

Purpose. This section establishes parking standards that apply to the mixed-use zones.

B.

Required On-Site Parking. Off-street parking shall be provided pursuant to Chapter 18.45.

C.

Parking Structures. All multi-story parking structures shall be lined with commercial, retail or residential uses on the ground floor at street frontages, except for the pedestrian and vehicular entries into the parking structure.

D.

Parking Buffers.

1.

Surface parking lots abutting a public sidewalk or street shall provide a landscaped buffer a minimum of two feet in width and three feet in height along the perimeter of the parking lot abutting the sidewalk or street.

2.

A landscaped buffer at least three feet in width and six feet in height shall be provided for any surface parking lot abutting a residential zone.

Landscaped Parking Buffer Standards

==> picture [240 x 115] intentionally omitted <==

E.

Parking Costs.

1.

The payment of parking costs shall be separate from rent payments or purchase prices for all uses located within the mixed-use zones.

2.

All places of employment within the mixed-use zone shall offer a parking cash-out program that allows employees to receive either owner-subsidized free parking or a cash payment equal to the value of the parking subsidy.

F.

Alley Access. For new development on property adjacent to a rear alley, vehicle and service access to the property shall be provided only through the rear alley.

G.

Driveways.

New driveways comply with the following standards.

a.

Dimensions. Driveways shall comply with the dimension standards shown in Table 18.24.080B (Driveway Dimension Standards).

b.

Number. No more than one driveway approach shall be provided for every fifty feet of street frontage.

c.

Proximity. A new curb cut providing access to a driveway from a public street shall be separated a minimum distance of thirty-five feet from any other curb cut.

d.

Parking. Parking spaces shall not be located along the sides of a driveway.

---

TABLE 18.24.080B

Driveway Dimension Standards

---

2.

The Community Development Director may approve exceptions to the driveway requirements in Subsection (1) above in the case of shared or joint use of driveways and parking lots.

Vehicles Access Standards

==> picture [300 x 417] intentionally omitted <==

(Ord. No. 2024-2529, 4-2-2024)

A.

Purpose. This section establishes requirements and standards for civic spaces in the MXD-1 and MXD-2 zones. Civic spaces are areas within neighborhoods where people can gather, interact and enjoy access to recreational and open space amenities.

B.

Applicability. Any commercial or mixed-use redevelopment project on a site three acres or greater in the MXD-1 or MXD-2 zones shall include a publicly-accessible civic space consistent with the standards established in this section.

C.

Types of Civic Spaces. Permitted types of civic spaces in the MXD-1 and MXD-2 zones are greens, squares, plazas, and playgrounds, as defined in Subsection (E) (standards for specific types of civic

spaces) below.

D.

General Standards. The following standards apply to all civic spaces and new development adjacent to civic spaces.

1.

The on-site parking of vehicles within a civic space is prohibited.

2.

All areas with playground equipment shall be visible from the street edge.

3.

All sides of a civic space shall front either a public street, the primary frontage of a building, or a natural physical barrier such as a hillside or creek.

4.

All building walls fronting a civic space shall feature a frontage type permitted within the applicable zone as specified in Section 18.24.070 (Building Frontage Standards).

5.

Quasi-public activities, such as outdoor seating serving a restaurant, are permitted to occupy no more than twenty-five percent of the area of a civic space.

6.

Civic spaces shall be designed and located so as to be clearly visible from one or more public streets.

7.

All civic spaces shall front onto a public street for a minimum distance of fifty feet.

E.

Standards for Specific Types of Civic Spaces. Specific types of civic spaces within the MXD-1 and MXD-2 zones, when required by Subsection (B) (applicability) above, shall comply with the following standards.

1.

Green. A green shall comply with the following standards.

a.

The size of all greens shall be a minimum of 0.5 acres and a maximum of five acres.

b.

All greens shall front on a minimum of one public street.

c.

Permitted improvements include playgrounds, ball parks, picnic shelters, benches, pergolas, bandstands and other similar improvements.

d.

Landscape within parks shall feature lawns generally unobstructed with limited trees naturalistically arranged and a maximum fifty percent irrigated turf.

e.

Hardscape within greens shall be limited to the minimum needed for circulation and amenities.

f.

No more than ten percent of a green shall be covered with impervious surfaces.

2.

Square. A square shall comply with the following standards.

a.

The size of all squares shall be a minimum of 0.5 acres and a maximum of three acres.

b.

All squares shall front on a minimum of three public streets.

c.

Permitted improvements within squares include paths, benches, pergolas, public art, fountains, gazebos, bandstands, small structures such as kiosks and restrooms and other similar improvements.

d.

Landscape within squares shall include lawns and trees formally arranged and a maximum ten percent irrigated turf.

e.

Hardscape within squares shall feature pathways and amenities formally arranged around a central point of interest. No more than twenty-five percent of a green shall be covered with impervious surfaces.

Green - Plan Illustration

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Square - Plan Illustration

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3.

Plaza. A plaza shall comply with the following standards.

4.

Playground. A playground shall comply with the following standards.

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Plaza - Plan Illustration

Playground - Plan Illustration

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(Ord. No. 2024-2529, 4-2-2024)

Chapter 18.25 - INDUSTRIAL ZONES

This section lists the land uses allowed within the industrial zones and provides basic standards for site layout and building use. The purposes of the individual industrial zoning districts and the manner in which they are applied are as follows:

A.

Light Industrial (IL). The IL light industrial zone is intended to accommodate warehousing operations, storage, office, and research and development facilities and establishments engaged in the manufacturing, assembling, packaging, treatment and processing of products other than those that which may be obnoxious or offensive to adjacent residential and business districts due to reason of odor, dust, smoke, gas, noise, vibration or other nuisances.

B.

Medium Industrial (IM). The IM medium industrial zone is designed to provide for the development of medium manufacturing and industrial uses that operate without excessive noise, dust, odor or other nuisances and yet may be objectionable to other non-industrial uses.

C.

Heavy Industrial (IH). The IH heavy industrial zone is intended to provide for manufacturing facilities and industries that may be obnoxious by reason of emission of odor, dust, smoke, gas, noise, vibration or similar causes and therefore require isolation from many other kinds of land uses.

(Ord. No. 2024-2529, 4-2-2024)

Table 18.25.020 identifies the uses of land allowed in each industrial zone.

---

TABLE 18.25.020

Allowed Land Uses Industrial Zones

C Conditional use permit

M Minor use permit (ministerial)

— Not permitted

(Ord. No. 2024-2529, 4-2-2024)

---

Accessory uses and the conditions of their use are set out in Subsections (A) through (C) below.

A.

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

B.

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

C.

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

(Ord. No. 2024-2529, 4-2-2024)

---

TABLE 18.25.040 Development Standards Industrial Zones

Notes:

(a)

Automobile service stations shall have a minimum lot area of fifteen thousand square feet.

(b)

Automobile service stations shall have a minimum street frontage of one hundred feet.

(Ord. No. 2024-2529, 4-2-2024)

---

All uses in the industrial zones shall be housed in completely enclosed buildings; provided, however, that businesses such as lumber yards, building material yards, gas stations, recycling facilities, metal processing yards, vehicle storage, storage lots, and similar uses that customarily include outdoor use, may be permitted outside of a completely enclosed building when screened from public view.

(Ord. No. 2024-2529, 4-2-2024)

Chapter 18.26 - INSTITUTIONAL ZONE

The purpose of the institutional (I) zone is to provide for a wide range of institutional and accessory uses including public, quasi-public, and private facilities that address health, safety, educational, cultural, and welfare needs of the community and neighborhoods. Allowed uses include educational facilities, government offices and courts, community centers, libraries, museums and cultural centers, hospitals and medical centers, retirement communities, public safety facilities (i.e., fire and police stations), neighborhood gardens and community farms, public utilities, and similar uses.

(Ord. No. 2024-2529, 4-2-2024)

18.26.020 - Allowed land uses and permit requirements.

Table 18.26.020 identifies the uses of land allowed in the institutional zone.

---

TABLE 18.26.020 Allowed Land Uses Institutional Zone

---

(Ord. No. 2024-2529, 4-2-2024)

18.26.030 - General development standards.

Design regulations for the institutional zone are set out in Division 4, unless specified in this chapter.

TABLE 18.26.030 Development Standards Institutional Zone

_____

---

(Ord. No. 2024-2529, 4-2-2024)

Chapter 18.27 - OPEN SPACE ZONE

18.27.010 - Purpose.

The purpose of the open space (OS) zone is to provide for public and private improved and unimproved open space. Allowed land uses include urban agriculture and recreational areas such as parks, golf courses, athletic fields, playgrounds, community gardens and farms, recreational trails, nature and wildlife preserves, marshes and wetlands, water bodies, public utility areas, flood control channels, and other scenic and open space areas.

(Ord. No. 2024-2529, 4-2-2024)

18.27.020 - Allowed land uses and structures and permit requirements.

Table 18.27.020 identifies the uses of land allowed in the open space zone.

TABLE 18.27.020

Allowed Land Uses and Permit Requirements Open Space Zone

---

---

(Ord. No. 2024-2529, 4-2-2024)

The maximum FAR in the open space zone is 0.25 and the maximum height limit is thirty-five feet.

(Ord. No. 2024-2529, 4-2-2024)

Chapter 18.28 - OPEN SPACE RESERVE ZONE

The intent of the open space reserve zone is to provide a use category to preserve and protect public and private open space lands, salt marsh and coastal wetlands, water areas, uninhabited agricultural lands, flood control channels, and other scenic or biological open space areas by restricting development in such areas.

(Ord. No. 2024-2529, 4-2-2024)

Table 18.28.020 identifies the uses of land allowed in the open space reserve zone.

---

TABLE 18.28.020

Allowed Land Uses and Permit Requirements Open Space Reserve Zone

---

(Ord. No. 2024-2529, 4-2-2024)

Chapter 18.29 - OVERLAY ZONES

The purpose of overlay zones is to provide supplemental regulations that have been tailored to specific geographic areas of the city. Overlay zones are applied in conjunction with a base zone and modify or add to the regulations of the base zone to address specific issues such as development within the coastal zone, special height restrictions, or supplemental processing requirements.

(Ord. No. 2024-2529, 4-2-2024)

Overlay zones are designated on the zoning map as indicated below:

A.

Coastal Zone (CZ). The coastal zone designates all properties located within the coastal zone subject to the development standards and specific requirements of the local coastal plan.

B.

Height Restriction (H). The height limit restriction overlay zone places a restriction on allowable building height, lower than otherwise permitted by the City's development regulations.

C.

Mobile Home Park (MHP). The mobile home park overlay zone identifies where mobile home parks are permitted in the city and establishes standards for the development of new mobile home parks and the preservation of existing mobile home parks.

(Ord. No. 2024-2529, 4-2-2024)

18.29.030 - Coastal Zone (CZ).

A.

Purpose. The intent and purpose of the coastal zone is to identify and give notice that properties within this zone are affected by the city's local coastal program. The purpose of the coastal overlay zone is to protect and enhance the quality of public access and coastal resources.

B.

Applicability. When any property bears on the zoning map of the city, in addition to its zone designation, the symbol CZ, the provisions of this chapter shall apply.

C.

Regulations. In addition to meeting the requirements of the underlying zone, any use on a property bearing the symbol CZ on the zoning map must in addition meet the provisions of the city's local coastal program.

(Ord. No. 2024-2529, 4-2-2024)

18.29.050 - Height Limit Restriction Overlay Zone (H).

A.

Applicability. Whenever any property bears, on the zoning map of the city, in addition to its zone designation, the symbol "H" followed by a numerical figure, the provisions of this chapter shall apply insofar as height limitations for any buildings or structures located, or to be located, upon such property are concerned.

B.

Formula. No building or structure shall be erected upon any property in any zone, which property bears on the zoning map the symbol "H" together with a numerical figure following, exceeding a building height, of a distance measured in feet, equal to the numerical figure following the symbol "H."

(Ord. No. 2024-2529, 4-2-2024)

A.

Purpose. The purpose of the MHP overlay zone is to provide for appropriate locations for mobile home parks to be established, maintained, and protected. This overlay zone provides for a greater range and choice of housing types, recognizes the potential for higher standards offered by mobile home design and technology, and is intended to create attractive mobile home parks that will preserve and enhance the character of surrounding areas. This zone also sets forth procedures for the conversion of an existing mobile home park to another use and is intended to minimize the adverse impacts of displacing mobile home park tenants whenever an existing mobile home park or portion thereof is converted to another use.

B.

Applicability. When any property bears on the zoning map of the city, in addition to its zone designation, the symbol MHP, the provisions of this section shall apply.

C.

Permitted Uses.

1.

New mobile home parks are subject to conditional use permit approval.

2.

Accessory structures limited to awnings, cabanas, storage cabinets, renewable energy infrastructure, fences or windbreaks, carports, garages, and porches are permitted.

3.

Accessory uses such as recreational facilities, parks and open space, playgrounds, clubhouses, laundries, community centers, and similar uses are permitted; provided, that such uses are designed for and limited to use by residents of the mobile home park and their guests and that such uses are not authorized on the individual mobile home lots within the mobile home park.

4.

Minor utility facilities are permitted; major utility facilities require conditional use permit approval.

5.

Home occupations are permitted subject to the approval of a home occupation permit pursuant to Section 18.12.090.

6.

Small family day care homes are permitted subject to Section 18.30.080.

7.

Large family day care homes are permitted subject to the approval of a minor use permit and provided they comply with Section 18.30.080.

D.

Development Standards.

1.

Mobile home parks shall comply with the maximum density of the applicable general plan designation and underlying zone and all other development standards of the underlying zone (unless otherwise constrained by Section 18000 et seq. of the Health and Safety Code) with the exception of the following:

a.

The front yard setback shall be a minimum of twenty-five feet.

b.

The interior side yard setback shall be a minimum of ten feet.

2.

When located on a lot adjoining another residential use, mobile home parks shall be permanently screened from such adjoining property by a fence or wall and suitable landscaping, adjacent to or opposite the other residential use.

E.

Discontinuance Procedures.

1.

The application for discontinuance of a mobile home park shall be accompanied by:

a.

A relocation plan to provide for the tenants who will be displaced by the discontinuance of the property as a mobile home park or the conversion of mobile home spaces to other uses.

b.

A phasing plan indicating the timing and manner in which the existing mobile home units will be discontinued.

(Ord. No. 2024-2529, 4-2-2024)

18.29.070 - Floodway (-FW), Floodway Fringe (-FF-1), Floodway Fringe Shallow Flooding (-FF-2), Floodway Fringe Riverine Flooding (-FF-3), and Coastal High Hazard Flooding (-FF-4) zones.

A.

Statement of Purpose. It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

1.

Protect human life and health;

2.

Minimize expenditure of public money for costly flood control projects;

3.

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

4.

Minimize prolonged business interruptions;

5.

Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

6.

Help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;

7.

Ensure that potential buyers are notified that property is in an area of special flood hazard; and

8.

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

B.

Methods of Reducing Flood Losses. In order to accomplish its purposes, this chapter includes methods and provisions to:

1.

Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;

2.

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

3.

Control the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters;

4.

Control filling, grading, dredging, and other development which may increase flood damage; and

5.

Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

C.

Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer or employee thereof, the state of California or the Federal Insurance Administration, Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

D.

Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another chapter, easement, covenant or deed restrictions conflict or overlap, whichever imposes the more stringent restriction shall prevail.

E.

Definitions. Unless specifically defined below, or in this title, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

1.

"Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

2.

"Adversely affects" means, for purposes of this chapter, that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point.

3.

"Alluvial fan" means a geomorphologic feature characterized by a cone- or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from slopes, transported by flood flows, and then deposited on the valley floor, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

"Apex" means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the slope.

5.

"Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this chapter.

6.

"Area of shallow flooding" means a designated AO or AH zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

7.

"Area of special flood hazard"—see "special flood hazard area."

8.

"Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "one hundred-year flood"). Base flood is the term used throughout this chapter.

9.

"Base flood elevation" (BFE) means the elevation shown on the flood insurance rate map for Zones AE, AO, A1—30, VE and V1—V30 that indicates the water surface elevation resulting from a flood that has a one percent or greater chance of being equaled or exceeded in any given year.

10.

"Basement" means any area of the building having its floor subgrade—i.e., below ground level—on all sides.

11.

"Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

a.

Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

b.

The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.

12.

"Building"—see "structure."

13.

"Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a flood insurance rate map (FIRM) as Zone V1-V30, VE, or V.

14.

"Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

15.

"Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.

16.

"Exception." See "variance."

17.

"Existing manufactured home/mobile home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes/mobile homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before February 15, 1979.

18.

"Expansion to an existing manufactured home/mobile home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes/mobile homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or pouring of concrete pads).

"Flood, flooding or floodwater" means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters, and/or the unusual and rapid accumulation or runoff of surface waters from any source.

20.

"Flood boundary and floodway map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.

21.

"Flood hazard boundary map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.

22.

"Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency or the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

23

"Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood.

24.

"Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source—see "flooding."

25.

"Floodplain administrator" means the individual appointed to administer and enforce the floodplain management regulations. This individual shall be the city engineer of the city.

26.

"Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

27.

"Floodplain management regulations" means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other applications of police power which control development in flood-prone areas. The term

describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.

28.

"Flood-proofing" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

29.

"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway."

30.

"Floodway encroachment lines" means the lines marking the limits of floodways on the effective flood insurance rate map.

31.

"Floodway fringe" means that area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted. These areas are identified on the effective flood insurance rate map as 'Zone AE' and 'Zone AO'.

32.

"Fraud and victimization," as related to Subsection (CC) (conditions for variances) of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the planning commission will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject, during all those years, to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

33.

"Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

34.

"Habitable floor" means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable

floor."

35.

"Hardship," as related to (CC) (conditions for variances) of this chapter, means the unusual hardship that would result from a failure to grant the requested variance. The planning commission requires that the variance be unusual and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

36.

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

37.

"Historic structure" means any structure that is:

a.

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

b.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

c.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

d.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states with approved programs.

38.

"Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

39.

"Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

40.

"Lowest floor" means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area (see "basement") is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this title. (Note: This definition allows attached garages to be built at grade. Below grade garages are not allowed as they are considered to be basements).

41.

"Manufactured home" or "mobile home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include "recreational vehicles" or "travel trailers."

42.

"Manufactured home/mobile home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.

43.

"Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

44.

"New construction" for floodplain management purposes means structures for which the "start of construction" commenced on or after February 15, 1979, and includes any subsequent improvements to such structures.

45.

"New manufactured home/mobile home park or subdivision" means a manufactured home/mobile home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes/mobile homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after February 15, 1979.

"Obstruction" means and includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, or along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

47.

"One hundred-year flood"—see "base flood."

48.

"Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope.

49.

"Principal structure" means a structure used for the principal use of the property as distinguished from an accessory use.

50.

"Public safety and nuisance," as related to Subsection (CC) (conditions for variances) of this chapter, means that the granting of an variance must not result in anything which is injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal or basin.

51.

"Recreational vehicle" means a vehicle which is:

a.

Built on a single chassis;

b.

Four hundred square feet or less when measured at the largest horizontal projection;

c.

Designed to be self-propelled or permanently towable by a light-duty truck; and

d.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

52.

"Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

53.

"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

"Sheet flow"—see "area of shallow flooding."

55.

"Special flood hazard area (SFHA)" means an area having special flood or flood-related erosion hazards, and shown on a FBHM or FIRM as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V.

56.

"Start of construction" means and includes substantial improvement and other proposed new

development, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty days from the date of the permit. The actual start means either the first placement of permanent construction of a structure (other than a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivisions, "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed.

"Structure" means a walled and roofed building that is principally aboveground. This includes a gas or liquid storage tank or manufactured/mobile home.

58.

"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred.

59.

"Substantial improvement" means any reconstruction, rehabilitation, addition or other proposed new development of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual work performed. The term does not, however, include either:

a.

Any project for improvement of a structure to correct violations or to comply with state or local health, sanitary, or safety code specifications which have been identified by a local code conformance official and which are solely necessary to assure safe living conditions; or

b.

Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure."

60.

"V zone" — see coastal high hazard area.

61.

"Variance," as used in this chapter, means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

62.

"Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

63.

"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

64.

"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

F.

Lands to which Chapter Applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of National City.

1.

No structure or land shall hereafter be constructed, located, extended, converted or altered without first submitting an application for a flood hazard area development permit to the flood plain administrator.

G.

Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard as shown on the special flood hazard map as floodway (FW), floodway fringe (FF-1), and floodway fringe-shallow flooding (FF2) zones and conforming with the areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the flood insurance study (FIS) for National City dated August 4, 1988, and accompanying flood insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs), dated August 4, 1988, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this chapter without an further action by the city council. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the planning commission by the floodplain administrator. The study, FIRMs and FBFMs are on file at the office of the floodplain administrator at 1243 National City Boulevard, National City, California, 91950.

H.

Compliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the city from taking such lawful action as is necessary to prevent or remedy any violation.

I.

Interpretation. In the interpretation and application of this chapter, all provisions shall be:

a.

Considered as minimum requirements;

b.

Liberally construed in favor of the city; and

c.

Deemed neither to limit nor repeal any other powers granted under state statutes.

J.

Severability. This chapter and the various parts thereof are declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

K.

Floodway Zone (FW) Established. There is established, on the special flood hazard map, a designated floodway zone. The FW zone shall be applied to those areas of special flood hazard designated as floodways on the flood boundary and floodway map of the flood insurance study.

L.

Floodway Fringe Zone (FF-1) Established. There is established, on the special flood hazard map, a designated floodway fringe zone. The FF-1 zone shall be applied to those areas of special flood hazard designated as floodway fringe on the flood boundary and floodway map of the flood insurance study but excluding areas of shallow flooding designated AO or AH on the flood insurance rate map (FIRM).

M.

Floodway Fringe—Shallow Flooding Zone (FF-2) Established. There is established, on the special flood hazard map, a designated floodway fringe-shallow flooding zone. The FF-2 zone shall be applied to those areas of special flood hazard designated as floodway fringe on the flood boundary and floodway map of the flood insurance study and designated as areas of shallow flooding AO or AH on the flood insurance rate map (FIRM).

N.

Floodway Fringe—Riverine Flooding Zone (FF-3) established. There is established, on the special flood hazard map, a designated riverine flooding zone. The FF-3 zone is that area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted.

O.

Floodway Fringe—Coastal High Hazard Flooding Zone (FF-4) established. There is established, on the special flood hazard map, a designated coastal high hazard flooding zone. The FF-4 zone shall be applied to those areas of special flood hazard designated as areas of coastal flooding VE or V on the flood insurance rate map (FIRM).

P.

Standards Applicable to All Areas of Special Flood Hazard. In all areas of special flood hazards including the FW, FF-1, FF-2, FF-3, and FF-4 zones, the following standards are required:

1.

Anchoring.

a.

All new construction and substantial improvements, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

b.

All manufactured/mobile homes shall meet the anchoring standards of Subsection (S).

2.

Construction Materials and Methods. All new construction and substantial improvements, including manufactured homes, shall be constructed:

a.

With materials and utility equipment resistant to flood damage

b.

Using methods and practices that minimize flood damage;

c.

With electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and

d.

Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

3.

Elevation and Flood-proofing. (See Section (E) definitions for "new construction," "substantial damage" and "substantial improvement.")

a.

Residential construction, new or substantial improvement, shall have the lowest floor, including basement:

i.

In an AO zone, elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM by at least one foot, or elevated at least three feet above the highest adjacent grade if no depth number is specified;

ii.

In an AE, AH, or A1—30 zones, elevated at least one foot above the base flood elevation, as determined by the city;

iii.

In an A (unnumbered/approximate A zone) zone, without base flood elevations specified on the FIRM, elevated at least one foot above the base flood elevation, as determined by the city;

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional civil engineer or surveyor to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.

b.

Nonresidential construction, shall either be elevated to conform with Subsection (3)a of this section or together with attendant utility and sanitary facilities:

i.

Be completely flood-proofed below the elevation recommended under Subsection (C)(1) of this section so that the structure is watertight with walls substantially impermeable to the passage of water; and

ii.

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

iii.

Be certified by a registered professional civil engineer that the standards of this Subsection (3)b of this section are satisfied. Such certification shall be provided to the floodplain administrator.

c.

All new construction and substantial improvements with fully enclosed areas below the lowest floor (excluding basement) that are usable solely for parking vehicles, building access or storage, and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must exceed the following minimum criteria:

i.

Be certified by a registered professional civil engineer; or

ii.

Be certified to comply with a local flood-proofing standard approved by the Federal Insurance Administration, Federal Emergency Management Agency; or

iii.

Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above adjacent natural grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

d.

Manufactured homes shall also meet the standards in Subsection (3)c of this section and Subsection (S).

4.

Storage of Material and Equipment.

a.

The storage or processing of materials that are, in time of flooding, flammable, explosive, or could be injurious to human, animal or plant life is prohibited.

b.

Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.

Q.

Standards for Utilities.

1.

All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

a.

Infiltration of floodwaters into the systems; and

b.

Discharge from the systems into floodwaters.

2.

On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

R.

Standards for Subdivision.

1.

All preliminary subdivision proposals, including proposals for manufactured home parks and subdivisions, greater than fifty lots or five acres, whichever is the lesser, shall identify the flood hazard area and the elevation of the base flood.

2.

All subdivision plans will provide the elevation of the lowest floors of all proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the final first floor and pad elevations shall be certified by a registered professional civil engineer or surveyor and provided as part of an application for a letter of map revision based on fill (LOMR-F) to the floodplain administrator.

3.

All subdivision proposals shall be consistent with the need to minimize flood damage.

4.

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

5.

All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

S.

Standards for Manufactured Homes/Mobile Homes.

1.

All manufactured homes that are placed or substantially improved, within Zones A1—30, AH, AE, V1—30, VE, or V on the flood insurance rate map, on sites located:

a.

Outside of a manufactured home park or subdivision;

b.

In a new manufactured home park or subdivision;

c.

In an expansion to an existing manufactured home park or subdivision; or

d.

In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated at least one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Within Zones V1-30, V, and VE on the flood insurance rate map shall meet the requirements of Subsection (R).

2.

All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1—30, AH, AE, V1-30, V, and VE on the flood insurance rate map that are not subject to the provisions of Subsection (A) of this section shall be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either:

a.

The lowest floor of the manufactured home is at least one foot above the base flood elevation; or

b.

The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches in height above grade.

3.

All mobile homes/manufactured homes shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that:

a.

Over-the-top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, with mobile homes less than fifty feet long requiring only one additional tie per side;

b.

Frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with mobile homes less than fifty feet long requiring only four additional ties per side;

c.

All components of the anchoring system be capable of carrying a force of four thousand eight hundred pounds; and

d.

Any additions to the mobile home shall be similarly anchored.

T.

Standards for Recreational Vehicles.

1.

All recreational vehicles placed on sites within Zones A1—30, AH, AE, V1-30, VE, and V on the community's flood insurance rate map will either:

a.

Be on the site for fewer than one hundred eighty consecutive days; or

b.

Be fully licensed and ready for highway use—a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

c.

Meet the permit requirements of Subsection (W) of this chapter and the elevation and anchoring requirements for manufactured homes in Subsection (S)(1)a.

2.

Recreational vehicles placed on sites within Zones V1—30, V, and VE on the community's flood insurance rate map will meet the requirements of Subsection (R) and Subsection (S).

U.

Floodways (FW). Located within areas of special flood hazard established in Subsection (G) are areas designated as floodways to which the following provisions apply:

1.

Until a regulatory floodway is adopted in Zone A areas, no new construction, substantial development, or other development (including fill) shall be permitted within Zones A1—30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than one foot at any point within the city of National City.

2.

Within an adopted regulatory floodway, the city of National City shall prohibit encroachments, including fill, new construction, manufactured homes, substantial improvements, and other development within Zones A1—30 and AE, unless certification by a registered professional civil engineer is provided demonstrating

that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

3.

If Subsection (U)(2) is satisfied, all new construction, substantial improvements, and other new development shall comply with all other applicable flood hazard reduction provisions of Subsections (P) through (U) and require approval of a Conditional Use Permit pursuant to Title 18 of the National City Municipal Code.

V.

Coastal High Hazard Area. Within coastal high hazard areas, Zones V, V1—30, and VE, as established under Subsection (E)(13), the following standards shall apply:

1.

All new residential and nonresidential construction, including substantial improvement/damage, shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state or local building standards.

2.

All new construction and other development shall be located on the landward side of the reach of mean high tide.

3.

All new construction and substantial improvement shall have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in Subsection (E) of this chapter. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access or storage.

4.

Fill shall not be used for structural support of buildings.

5.

Man-made alteration of sand dunes which would increase potential flood damage is prohibited.

6.

The floodplain administrator shall obtain and maintain the following records:

a.

Certification by a registered engineer or architect that a proposed structure complies with this section; and

b.

The elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement.

W.

Establishment of Development Permit. A development permit shall be obtained concurrently with or before issuance of any building, grading, conditional use, planned development, planned unit development permit, or site plan approval, including manufactured homes, and before construction or development begins within any area of special flood hazard established in Subsection (G). Application for a development permit shall be on forms furnished by the floodplain administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

1.

Identify and describe the work to be covered by the permit for which application is made;

2.

Describe the land on which the proposed work is to be done by lot, block, tract, house and street address; or similar description that will readily identify and definitely locate the proposed building or work;

3.

Indicate the use or occupancy for which the proposed work is intended;

4.

Be accompanied by plans and specifications for proposed construction;

5.

Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority;

6.

Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures in AO zone elevation of highest adjacent grade and proposed elevation of lowest floor of all structures;

7.

Proposed elevation in relation to mean sea level to which any structure will be flood-proofed, if required in Subsection (P)(3)c;

8.

All appropriate certifications listed in Subsection (Y)(5) of this chapter;

9.

Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development;

10.

Give such other information as reasonably may be required by the floodplain administrator, including but not limited to:

a.

A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be corrupted by the proposed development and higher water information,

b.

Locations and elevations of streets, water supply, sanitary facilities, photographs showing existing land uses and vegetation upstream and downstream, soil types and other pertinent information,

c.

Profile showing the slope of the bottom of the channel or flow line of the stream;

11.

Evidence of prior or concurrent approval of any conditional use permit which may be required by Subsection (Y) for alteration of watercourses.

X.

Designation of the Floodplain Administrator. The city engineer is appointed to administer, implement and enforce this chapter by granting or denying development permits in accord with its provisions.

Y.

Duties and Responsibilities of the Floodplain Administrator. The duties of the floodplain administrator shall include, but not be limited to the following:

1.

Permit Review. Review all development permits to determine that:

a.

Permit requirements of this chapter have been satisfied; including determination of substantial improvement and substantial damage of existing structures;

b.

All other required state and federal permits have been obtained;

c.

The site is reasonably safe from flooding; and

d.

The proposed development does not adversely affect the carrying capacity of the areas where base flood elevations have been determined but a floodway has not been designated.

e.

All letters of map revision (LOMRs) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

2.

Review Use and Development of any Other Base Flood Data. When base flood elevation data have not been provided in accordance with Subsection (G), the floodplain administrator shall obtain, review and reasonably utilize any base flood and floodway elevation data available from a federal or state agency or other source, in order to administer Subsections (P) through (U), inclusive. Any such information shall be submitted to the city for adoption.

3.

Information to be Obtained and Maintained.

a.

Obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures;

b.

For all new or substantially improved flood-proofed structures:

i.

Verify and record the actual elevation (in relation to mean sea level); and

ii.

Maintain the flood-proofing certifications required in Subsection (3)a, b, and c of Subsection (P), part (2) of Subsection (R), and part (2) of Subsection (U);

c.

Maintain for public inspection all records pertaining to the provisions of this chapter.

4.

Conditional Use Permit Required. In alteration or relocation of a watercourse, a conditional use permit shall be required by the planning commission. Such permit shall include the following conditions:

a.

Notification of adjacent communities and the California Department of Water Resources prior to alteration or relocation;

b.

Submission of evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency;

c.

Assurance that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained;

d.

The new channel shall be completed before the old channel is abandoned.

5.

Base flood elevations are changed due to physical alterations:

a.

Within six months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR).

b.

All letters of map revision (LOMRs) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

6.

Changes in corporate boundaries: Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.

7.

Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:

a.

Certification required by Subsection (N)(3)a (floor elevations);

b.

Certification required by Subsection (N)(3)b (elevation or flood-proofing of nonresidential structures);

c.

Certification required by Subsection (N)(3)c (wet flood-proofing standard);

d.

Certification of elevation required by Subsection (P)(2) (subdivision standards);

e.

Certification required by Subsection (S)(1) (floodway encroachments).

8.

Remedial Action. Take action to remedy violations of this chapter as specified in Subsection (H).

Z.

Map Determination. The boundaries of the FW, FF-1, FF-2, FF-3 and FF-4 zones shall be determined by the scale contained on the special flood hazard map. Where interpretation is needed to the exact location of said boundaries (for example where there appears to be a conflict between a mapped boundary and actual field conditions), the planning commission shall make such determination in accordance with this title based upon:

1.

The recommendation of the floodplain administrator; and

2.

A review of the flood hazard boundary maps adopted by reference and declared to be a part of this chapter; and

Technical evidence which may be presented by the applicant.

The regulatory flood elevation for the point in question shall be the governing factor in locating the boundary on land. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Subsection (AA).

AA.

Appeals. The planning commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the floodplain administrator in the enforcement or administration of this chapter. Appeals may be filed and shall be processed in the same manner as for site plan review as provided in this title.

BB.

Variances.

1.

Applications for variances from the terms of this chapter shall be submitted and processed in the same manner as conditional use permits, as provided in this title.

2.

In passing upon such applications for variances, the planning commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and the:

a.

Danger that materials may be swept onto other lands to the injury of others;

b.

Danger to life and property due to flooding or erosion damage;

c.

Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner and future property owners;

d.

Importance of the services provided by the proposed facility to the community;

e.

Necessity to the facility of a waterfront location where applicable;

f.

Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

g.

Compatibility of the proposed use with existing and anticipated development;

h.

Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

i.

Safety of access to the property in times of flood for ordinary and emergency vehicles;

j.

Expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and

k.

Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

3.

Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:

a.

The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance; and

b.

Such construction below the base flood level increases risks to life and property.

c.

A copy of the notice shall be recorded by the floodplain administrator in the office of the San Diego County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

4.

The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance

Administration, Federal Emergency Management Agency.

CC.

Conditions for Variances.

1.

Generally, variances may be issued for new construction and substantial improvements and other proposed development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Subsections (P) through (X), inclusive, of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

2.

Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Subsection (E) of this chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

3.

Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

4.

Variances shall only be issued upon a determination that the variance is the "minimum necessary," considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the planning commission need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the planning commission believes will both provide relief and preserve the integrity of this chapter.

5.

Variances shall only be issued upon:

a.

A showing of good and sufficient cause;

b.

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

c.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Subsection (E) of this chapter, or conflict with existing local laws or ordinances.

6.

Variances may be issued for new construction, substantial improvement, and other proposed development necessary for the conduct of a functionally dependent use provided that the provisions of Subsections (CC) (1) through (5) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

7.

Upon consideration of the factors of Subsection (BB) and the purposes of this chapter, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

8.

The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

DD.

Fees.

1.

A nonrefundable fee as established in the fee schedule adopted by the city shall be paid to the city at the time of filing an application for a development permit pursuant to Subsection (W).

2.

A nonrefundable fee as established in the fee schedule adopted by the city shall be paid to the city at the time of filing an appeal pursuant to Subsection (AA).

3.

A nonrefundable fee as established in the fee schedule adopted by the city shall be paid to the city at the time of filing for a variance pursuant to Subsection (BB).

(Ord. No. 2024-2529, 4-2-2024)

A.

Purpose. The purpose of the MU overlay zone is to facilitate progress towards an integrated land use pattern where housing is well-supported by services and amenities and create a better transition over time to surrounding residential neighborhoods. This overlay allows a combination of uses, which may include residential, commercial, office, industrial, institutional, or recreational uses.

B.

Applicability. When any property bears on the zoning map of the city, in addition to its zone designation, the symbol MU, the provisions of this section shall apply.

C.

Permitted Uses.

1.

The uses permitted in the MU overlay zone are listed in Appendix A of the Westside Specific Plan.

D.

Development Standards.

1.

The development standards established in Section 18.23.030 for the MCR-1 zone shall apply to the MU overlay zone.

(Ord. No. 2024-2535, § 1, 11-19-2024)

DIVISION 3. - SPECIFIC USES Chapter 18.30 - SPECIFIC USE REGULATIONS

This chapter provides site planning, development, and/or operating standards for certain land uses that are allowed by Division 2 and for activities that require special standards to mitigate their potential adverse impacts. The standards for specific uses in this chapter supplement and are required in addition to those in Division 2 and Division 4. In the event of any conflict between the requirements of this chapter and those of Divisions 2 and 4, the requirements of this chapter shall control.

(Ord. No. 2024-2529, 4-2-2024)

The land uses covered by this chapter shall comply with the provisions of the sections applicable to the specific use, in addition to all other applicable provisions of this Land Use Code. The uses that are subject to the standards in this chapter shall be developed in compliance with the requirements of Division 2.

(Ord. No. 2024-2529, 4-2-2024)

18.30.030 - Adult-oriented businesses.

A.

Purpose.

1.

It is the purpose of this chapter to establish reasonable and uniform content-neutral regulations to decrease blight and crime by either dispersing adult-oriented businesses, or by shifting part of the burden of regulating such businesses to the private sector by placing them in locations which minimize the negative secondary effects of such businesses.

2.

It is the intent of this chapter that these regulations be utilized to serve the substantial interest of the city in preventing problems of blight and deterioration which accompany and are brought about by adult-oriented businesses, which allowing reasonable alternative locations for those businesses.

3.

In enacting this chapter, the city council is relying upon the experiences of the city of National City, and upon the experiences and studies of other municipalities concerning the deleterious effects of adultoriented businesses, which this chapter is intended to curtail.

B.

Definitions. It is the purpose of this section to provide clear and concise definitions of those words, terms, and phrases most commonly utilized in the regulations and provisions of this chapter in order to assist in the uniform interpretation of such regulations and provisions and to ensure uniformity in their application.

It is intended that the following words, terms and phrases, whenever used in this chapter, shall be construed as defined in the following subsections, unless from the context a different meaning is specifically defined and more particularly directed to the use of such words, terms, or phrases.

It is also intended that those definitions and interpretations set forth in Section 1.04.010 and the glossary shall be used for purposes of uniformity of interpretation and application of the regulations and provisions of this chapter but only where they do not conflict with any definitions or interpretation set forth in this chapter.

1.

"Specified anatomical areas" means and includes any of the following:

a.

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or

b.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

2.

"Specified sexual activities" means and includes any of the following:

a.

The fondling or other touching of human genitals, pubic region, buttocks, anus, or female breast:

b.

Sex acts, normal or perverted, actual or simulated; or

c.

Masturbation, actual or simulated; or

d.

Excretory functions as part of or in connection with any of the activities set forth in this subsection.

3.

"Adult bookstore" is an establishment that devotes more than fifteen percent of the total floor area utilized for the display of books and periodicals to the display and sale of the following:

a.

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, tapes, records or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or

b.

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

c.

An adult bookstore does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal stock-in-trade and does not devote more than fifteen percent of the total floor area of the establishment to the sale of books and periodicals.

4.

"Adult motion picture theater" is an establishment, with a capacity of fifty or more persons, where, for any form of consideration, films, motion pictures, video cassettes, compact discs, digital video discs, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the

depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.

5.

"Adult mini-motion picture theater" is an establishment, with a capacity of more than five but less than fifty persons, where, for any form of consideration, films, motion pictures, video cassettes, compact discs, digital video discs, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.

6.

"Adult motion picture arcade," to include without limitation a peep show, is any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or

specified anatomical areas. The image-producing device or peep show device shall also include any other device by or through which electronic, video, photographic, cinematic, digital, or computer-generated images depicting specified anatomical areas or specified sexual activity defined by this section are or can be reflected or projected onto an external screen or be internally projected, generated or reflected onto a screen that is an integral part of the device itself.

7.

"Adult drive-in theater" means an open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats, and presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.

8.

"Adult cabaret" is a night club, bar, restaurant, cabaret or similar establishment which may serve food or alcoholic or non-alcoholic beverages, or both, and which, for consideration, regularly features live performances or films, motion pictures, video cassettes, compact discs, digital video discs, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or the exposure of specified anatomical areas for observation by patrons or attendees.

9.

"Adult motel" is a motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, compact discs, digital video discs, slides or other photographic reproductions which are

distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

10.

"Adult theater" is a theater, concert hall, auditorium or similar establishment, either indoor or outdoor in nature which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified sexual activities or by exposure of specified anatomical areas for observation by patrons.

11.

"Adult model studio" is any establishment open to the public where, for any form of consideration, one or more persons display or expose any portion of specified anatomical areas to be observed, sketched, drawn, painted, sculptured, photographed, videoed or be similarly viewed or depicted by any person, other than the proprietor, who pays a consideration to either the proprietor, an employee of the proprietor or the model. This definition shall also include, without limitation, a "lingerie modeling establishment."

a.

This definition shall not apply to any school of art which is operated by an individual, firm, association, partnership, corporation or institution which meets the requirements established in the Education Code of the State of California for the issuance or conferring of, and is in fact authorized thereunder to issue and confer a diploma.

12.

"Sexual encounter establishment" is an establishment, other than a hotel, motel or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may congregate, associate or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state of California engages in sexual therapy.

13.

"Body painting studio" is an establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body when such body is wholly or partially nude in terms of specified anatomical areas.

14.

"General motion picture theater" is a building or part of a building intended to be used for the specific purposes of presenting entertainment as defined in this chapter, or displaying motion pictures, slides or closed circuit television pictures before an individual or assemblage of persons, whether such assemblage be of a public, restricted or private nature, except a home or private dwelling where no fee, by way of an admission charge, is charged; provided, however, that any such presentations are not distinguished or

characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas in that any such depiction or description is only incidental to the plot or story line.

15.

"Legitimate or live theater" is a theater, concert hall, auditorium or similar establishment which, for any fee or consideration, regularly features live performances which are not distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas in that any such depiction or description is only incidental to the primary purpose of the performance.

16.

"General bookstore" is an establishment engaged in the buying, selling and/or trading of new and/or used books, manuscripts and periodicals of general interest. A general bookstore does not include an establishment that is encompassed by the definition of adult bookstore.

17.

"School" is an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the state board of education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of learning under the jurisdiction of the state department of education, but it does not include a vocation or professional institution or an institution of higher education, including a community college.

18.

"Establishing an adult-oriented business," as used in this chapter, means and includes any of the following:

a.

The opening or commencement of any such business as a new business;

b.

The conversion of an existing business, whether or not an adult-oriented business, to any of the adultoriented businesses defined in this chapter; or

c.

The addition of any of the adult-oriented businesses defined herein to any other existing adult-oriented business; or

d.

The relocation of any such business.

19.

"Transfer of ownership or control," as used in this chapter, means and includes any of the following:

a.

The sale, lease, or sublease of an adult-oriented business;

b.

The transfer of securities which constitute a controlling interest in such business, whether by sale, exchange or similar means; or

c.

The establishment of a trust, gift or other similar legal device which transfers the ownership or control of such business, except for transfer by bequest or other operation of law upon the death of the person possessing such ownership or control.

20.

"Sale and display of paraphernalia and literature commonly associated with the use of narcotics and controlled substances (headshops)" is an establishment or place where more than fifteen percent of the floor area in any room is used for the sale and display of such paraphernalia and literature, including but not limited to cocaine and sniffing kits, glass mirrors for cutting cocaine, snorting spoons and tubes, strainers to sift cocaine, water pipes (bongs), everyday items with special removable tops that have been converted to conceal narcotics and drugs, including simulated beer cans, oil cans and plastic photograph film vials, "roach clips" (for holding marijuana cigarettes), or books and magazines extolling the use of narcotics or controlled substances. Such a place is an adult-oriented business. This definition does not limit licensed pharmacies in selling and displaying paraphernalia that is medical equipment prescribed by licensed medical practitioners.

21.

A "private viewing room" is an area separated from the sales or display area of the establishment by a curtain, wall, door, shade, or similar obstruction thus allowing the private viewing of video tapes, compact discs, digital video discs, movies, transparencies, films, or projectable motion pictures by customers at the establishments.

22.

"Video cassette, compact disc, digital video disc sales, and rentals—adult" is the same as "adult bookstore."

23.

"Video games—adult" are coin-operated electronic game machines having visual displays and animation that depict in any manner, any sort of activity characterized by exposure of "specified anatomical areas" or "specified sexual activities."

24.

"Sexually oriented business" is any business in which:

a.

Specified sexual activity occurs or specified anatomical areas are exposed, or both, by a patron, attendee, employee or independent contractor for any form of consideration paid or furnished to the owner, proprietor, an employee of the owner or proprietor, or to an independent contractor at the location or premises; or

b.

Material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activity or specified anatomical areas, or both, is displayed, sold, or provided for consideration on a regular basis.

25.

"Consideration," as used in this chapter, means a payment or transfer of money or other thing of value exceeding a total of one cent to an owner or proprietor, an employee of the owner or proprietor, or to a performer, independent contractor or entertainer at the establishment, without regard to:

a.

Any donative intent of the payer, transferor, or donor;

b.

The time of payment or transfer; or

c.

Whether the payment or transfer was for admission to the establishment or for merchandise, food or beverage displayed or sold at or on behalf of that establishment.

26.

"Lingerie modeling establishment" means an establishment where, for consideration and for viewing by a patron at that establishment, a person either:

a.

Wears and displays undergarments, lingerie, underwear and similar articles of intimate apparel which cover those areas which constitute specified anatomical areas; or

b.

Changes from one costume into another in the presence of a patron or patrons and thereby exposes one or more specified anatomical areas to that patron or patrons. This definition shall not, however, be construed so as to apply to a commercial retail or wholesale establishment that principally and customarily sells clothing and related wearing apparel and where specified anatomical areas are not exposed to customers during demonstration displays of merchandise for sale.

C.

Prohibitions.

1.

No person or entity shall own, establish, operate, control or enlarge or cause or permit the establishment, operation, enlargement or transfer of ownership or control, except pursuant to Section 18.30.030(F), of any of the following adult-oriented businesses if such adult-oriented business is or would be within one thousand five hundred feet of another adult-oriented business, within one thousand five hundred feet of any school or public park within the city, or within one thousand feet of any residentially zoned property in the city:

a.

Adult bookstore;

b.

Adult motion picture theater;

c.

Adult mini-motion picture arcade (peep shows);

d.

Adult arcade;

e.

Adult drive-in theater;

f.

Adult cabaret;

g.

Adult motel;

h.

Adult theater;

i.

Adult model studio;

j.

Body painting studio;

k.

Any sexually oriented business;

l.

Adult video games;

m.

Adult video cassette sales and rentals;

n.

Sexual encounter establishments;

o.

Lingerie modeling establishment.

2.

An establishment listed in this section shall not be established, operated, enlarged, or transferred unless the provisions of the zone in which the site or proposed site is located permit such a use. The conduct of such establishment and the use of premises shall otherwise comply with the Land Use Code and all other applicable regulations.

3.

Nothing in this chapter prohibits the location of adult-oriented businesses within retail shopping centers in all commercial and major mixed-use zones wherein such activities will have their only frontage upon enclosed malls or malls isolated from their direct view from public streets, parks, schools, churches or residentially zoned property.

4.

Sexual encounter establishments shall be permitted only upon the prior issuance of a conditional use permit.

5.

The location of an adult-oriented business listed in Subsection (C)(1) (with the exception of Subsections (C) (1)k and (C)(1)o) within any new or existing retail center, as specified in Subsection (C)(3), shall not require a conditional use permit.

D.

Measure of Distance. The required minimum distance between any two adult-oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each such business. The distance between any adult-oriented business and any public school, public parks or residential zoned land shall be measured in a straight line, without regard to intervening structures,

from the closest exterior structural wall of the adult-oriented business to the closest property line of the public school, public park, or residential zone.

E.

Development and Maintenance Standards. All adult-oriented businesses hereafter commenced shall, in addition to compliance with the Land Use Code, comply with these specific requirements:

1.

Signs. Except for theater marquee signs, changeable copy signs, temporary signs and small permanent signs are not permitted. In addition to the requirements of Section 18.62.020 for permit approvals, all sign permits shall be subject to review and approval by the planning commission.

2.

Exterior Painting. Buildings and structures shall not be painted or surfaced with garish colors or textures or any design that would simulate a sign or advertising message.

3.

Advertisements, displays of merchandise, signs or any other exhibit depicting adult-oriented activities placed within the interior of buildings or premises shall be arranged or screened to prevent public viewing from outside such buildings or premises.

4.

No outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to an adultoriented use is allowed.

5.

Upon order of the city manager, graffiti appearing on any exterior surface of a building or premises, which graffiti is within public view, shall be removed, and that surface shall be restored within seventy-two hours of notification to the owner or person in charge of the premises.

6.

All exterior windows that are visible to the public must be opaquely covered.

F.

Exceptions.

1.

Nothing in this section prohibits the transfer of principal ownership or control of adult-oriented uses permitted under Section 18.30.030(C)3 or 18.30.030(C)5.

2.

Notwithstanding any other provision of this code to the contrary, the provisions of this chapter shall be applicable to all land within the city, including all redevelopment project areas now in existence or hereafter established.

G.

Other Regulations, Permits, or Licenses.

1.

Effect. The provisions of this chapter do not waive or modify any other provision of this code. Adultoriented businesses shall comply with all applicable provisions of law and this code.

2.

Reference. This list is not all-inclusive and is inserted here for reference only; other applicable regulations include but are not limited to the following chapters.

H.

Protection of Minors. Adult-oriented business shall not allow the admission of minors and shall otherwise comply with Chapter 10.62. An attendant shall be present at all times during hours of operation to deny admittance to minors.

I.

Private Viewing Rooms. It is unlawful for any person or entity which is subject to the regulations of this chapter, and which sells or rents prerecorded video tapes, movies, transparencies, films, projectable motion pictures or equipment used for showing any or all of these items, to offer or allow the viewing of these materials in private viewing rooms, as defined in Subsection (B)(22).

J.

Constitutional Severability. The city council declares that the invalidity of any section or portion of this chapter shall not affect the validity of any other remaining section or portion; that the city council would have adopted each of those remaining portions notwithstanding any later declared invalid. If any portion determined to be invalid can be severed or be judicially interpreted in a way that could harmonize it with the remaining provisions, then it may either be severed or be judicially interpreted and, as interpreted, be applied so as to give full purpose, meaning, and effect to the remaining provisions of this chapter.

(Ord. No. 2024-2529, 4-2-2024)

18.30.040 - Automobile impound and storage yards.

A.

Conditional Use Permit—Required. Any application for a permit to establish an automobile impound and storage yard shall be subject to the issuance of a conditional use permit. The permittee must be a successful bidder of a contract with the city to participate in the assignment of service calls on policeimpounded automobiles. No permit shall be granted to premises located east of National City Boulevard.

This section does not apply to storage only yards. See Section 18.30.160 (Outdoor Storage) for storage only regulations.

B.

Yard Area Requirements. The conditional use permit shall require, for its issuance, that the proposed storage area meet the following criteria:

1.

The storage area shall be in a building or enclosed by a solid fence or wall at least eight feet in height. The construction and maintenance of a required fence shall be in accordance with Chapter 18.43.

2.

No sign, picture, transparency, advertisement or mechanical device which is used for the purpose of or does advertise or bring to notice any person or persons, or article or articles of merchandise, or any business or profession, or anything that is to be or has been sold, bartered or given away, shall be placed or maintained, or caused to be maintained, upon the outward face of such fence or wall.

3.

The storage area must contain a gross surface of not less than ten thousand square feet, nor more than fifteen thousand square feet devoted to the storage of wrecked vehicles.

4.

The storage area, including driveways and access roads, shall be surfaced with asphalt cement, or decomposed granite with oil.

5.

The storage area shall be served by drainage facilities adequate to prevent the accumulation of standing water. The city engineer shall determine the adequacy of proposed drainage facilities.

6.

Gates in the fence or wall surrounding the storage area shall be constructed of new material, the same height as the fence or wall. No gate shall swing outward. All gates shall be kept closed except when vehicles or pedestrians are exiting or entering the premises. As an alternative to closing all gates, an interior screening fence may be erected so as to prevent public view of the contents of the storage yard during times when the gates are open.

7.

A four-foot setback from dedicated streets is required. The setback area and the parkway area shall be landscaped with trees, shrubs, or other ground cover in accordance with Chapter 18.44 and adopted guidelines.

Exterior floodlighting, when used, shall be directed away from adjacent property and streets. All lights shall be shielded in such a manner that the light there from will fall only on the same premises upon which such light source is located.

9.

A conditional use permit shall not be granted for an area visible from a freeway unless all wrecked vehicles can be stored out of sight of adjacent freeways.

C.

Rules of Operation. The conditional use permit shall require, for its issuance and continued validity, that permitted storage operations be conducted pursuant to the following rules:

1.

Stripping of automobiles, removal of parts, and dismantling, salvaging or junking shall be prohibited; provided, however, that the permittee may remove articles required to be removed to permit scrapping of the impounded vehicles. Removed parts may be accumulated for thirty days on the licensed premises.

2.

All inflammable liquids shall be removed from any unregistered or scrapped vehicle.

3.

Stored material and vehicles shall be so arranged that reasonable inspection of all parts of the premises can be made at any time by fire, health, police, planning and building authorities.

4.

Trash containers shall be installed and maintained on the premises, and the premises shall be kept free of trash at all times.

5.

Wrecked vehicles shall be disposed of in an expeditious manner, and no vehicle shall be retained in storage in excess of three months from the date of impoundment. Upon recommendation of the chief of police of the city or order of a court of competent jurisdiction, the city council may extend the storage time.

6.

No article shall be piled higher than the enclosing fence or wall, or nearer than two feet to the enclosing fence or wall.

D.

Conditional Use Permit—Expiration. A conditional use permit granted under the provisions of this title will expire upon the revocation, expiration, or cancellation of a permittee's contract with the City.

E.

Conditional Use Permit—Revocation for Violation. Violation of any requirement of this title is grounds for revocation of a conditional use permit.

(Ord. No. 2024-2529, 4-2-2024)

18.30.050 - Sale of alcoholic beverages and live entertainment.

A.

Conditional Use Permit—Required. A conditional use permit is required for the sale of alcoholic beverages, whether for on-site or off-site consumption.

B.

Conditional Use Permit—Additional Notice Required. In addition to notices required pursuant to Section 18.12.050 (Noticing and Public Hearings), written notice for a public hearing on a conditional use permit for the sale of alcoholic beverages shall be provided to owners and occupants of property within a radius of six hundred sixty feet of the exterior boundaries of the property where the sale of alcoholic beverages is proposed.

C.

Community Meeting—Required. Prior to the public hearing, the applicant shall hold a community meeting to inform residents of a proposal for the sale of alcoholic beverages. The applicant shall provide to the planning division documentation of the meeting and input received.

D.

Distance Requirements. Establishments where alcoholic beverages are sold for on or off-site consumption shall be located as follows:

1.

Liquor stores, or other businesses where the principal use involves the sale of alcohol for off-site consumption, shall be:

a.

A minimum of six hundred sixty feet from any public school (kindergarten through twelfth grade) within the boundaries of the city; and

b.

A minimum of five hundred feet apart.

2.

Bars and cocktail lounges or other establishments where the sale of alcoholic beverages for on-site consumption is the principal use, shall be:

a.

A minimum of six hundred sixty feet from any public school (kindergarten through twelfth grade) within the boundaries of the city; and

b.

No less than one thousand feet apart.

3.

Restaurants where the sale of alcoholic beverages for on-site consumption is accessory or incidental to the principal use shall be a minimum of six hundred sixty feet from any public school (kindergarten through twelfth grade) that is on property zoned as institutional (I) within the boundaries of the city; except that this distance requirement shall not apply to tasting rooms or restaurants (other than fast-food restaurants with drive-through service) where at least thirty percent of the floor area of the building is comprised of seating area.

4.

Private clubs or lodges, bowling alleys, theaters and other establishments where the sale of alcoholic beverages is accessory or incidental to the principal use shall be:

a.

A minimum of six hundred sixty feet from any public school (kindergarten through twelfth grade) within the boundaries of the city; and

b.

No closer than five hundred feet apart. This limitation shall not apply to restaurants.

5.

No minimum distances from schools or other uses are required for grocery stores, convenience stores or other retail establishments involving the sale of alcohol for off-site consumption as an accessory use.

E.

Measure of Distance. For the purposes of Section 18.30.050(D) (Distance Requirements):

1.

The distance between any two establishments that sell alcoholic beverages shall be measured in a straight line without regard to intervening structures from the closest exterior structural walls of the establishments.

2.

The distance between any establishment selling alcohol and a school shall be measured in a straight line, disregarding intervening structures, from the closest exterior structural walls of the establishment to the closest property line of the school.

F.

Additional Standards for the Sale of Alcohol at Restaurants or Public Eating Places. Restaurants or public eating places shall conform to the following, additional standards:

1.

Alcoholic beverage sales shall be incidental to food service.

2.

There shall be no sale of alcoholic beverages after midnight unless otherwise specified by the conditional use permit. The conditional use permit may further restrict the times when alcoholic beverages may be sold.

G.

Live Entertainment.

1.

Live entertainment shall be limited to a single entertainer performing musical work (piano bars, etc.) except as provided below.

2.

Additional entertainers, dancing, audience participation, karaoke, or other live entertainment may be authorized by a conditional use permit in zones where live entertainment is permitted.

3.

Live entertainment specified in Subsection (B) of this section may be permitted by a resolution of approval for a conditional use permit for the sale of alcohol in zones where live entertainment is permitted.

(Ord. No. 2024-2529, 4-2-2024)

Automobile painting with accessory body and fender work shall be conducted entirely within a building. The hours of operation shall be between seven a.m. and seven p.m., except where the building adjoins a residential area the hours of operation shall be restricted to between eight a.m. and six p.m. Monday through Saturday. (Accessory body work shall be defined as "only that work required in the preparation for complete auto repaint.")

(Ord. No. 2024-2529, 4-2-2024)

A.

Purpose. The purpose of establishing child day care center regulations is to implement state law with regard to the provision of child care centers as defined by the California Health and Safety Code to ensure

compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses.

B.

Applicability. Day care centers are permitted as set forth in Division 2 subject to the requirements of this section.

C.

Site Location.

1.

Child day care facilities are encouraged to be located near schools, trolley stops, major bus stops, and close to employment centers in order to reduce commute trips and improve air quality.

2.

All child care facilities shall have direct access to a public street with adequate access to a collector or arterial street system.

3.

A new child care facility must be located at least six hundred feet away from an existing child day care center.

D.

Operation and Development Standards.

1.

The applicant must obtain all licenses and permits required by state law for operation of the facility and shall keep all state licenses and permits valid and current.

2.

The center shall meet all zoning standards applicable to the site.

3.

Indoor and outdoor play areas that satisfy the requirements of the State shall be provided. The outdoor play area shall be adjacent to the center and accessible through the center itself. The outdoor play area shall be screened and enclosed by a natural barrier, wall, or fence a minimum of five feet in height. If adjacent to a single-family residential zone, the separating barrier shall be of solid construction. The outdoor play area shall be designed to reduce noise impacts on adjacent properties.

4.

Parking shall not be located in any required front yard setback and an adequate on-site loading/unloading area shall be provided that can be easily accessed from the child day care center without crossing any driveways or streets. Clearly designated pedestrian walkways should be provided.

5.

All child day care centers shall comply with the city's noise regulations as set forth in Title 9.

6.

The drop off and pick up of children from vehicles shall only be permitted on the site's driveway or parking area. A facility with access from an arterial street, as designated by the General Plan, must provide a paved drop-off/pick-up area designated with on-site parking and maneuvering to allow vehicles to pick-up/dropoff children and exit the site without backing out onto the arterial street.

7.

Any additional conditions regarding safety and access deemed necessary or desirable by the city engineer, fire marshal, or building official must be met.

(Ord. No. 2024-2529, 4-2-2024)

18.30.080 - Family day care homes.

A.

Purpose. The purpose of this section is to implement the California Health and Safety Code provisions regarding day care homes, both large family and small family.

B.

Applicability. Family day care homes are permitted as set forth in Division 2 subject to the requirements of this section.

C.

Operation and Development Standards.

1.

The family day care home must be the residence of the day care provider.

2.

The day care home must be clearly incidental and secondary to the use of the property for residential purposes.

3.

Hours of operation shall be less than twenty-four hours a day.

The day care home shall comply with all municipal and state laws and regulations regarding single-family residences and day care homes.

5.

Noise must be maintained in compliance with the city's noise regulations as set forth in Title 12.

6.

The provider shall comply with all applicable regulations of the city's fire department regarding health and safety requirements as they relate to day care homes and shall contain a fire extinguisher and smoke detector device.

7.

All state licensing standards must be met and the provider shall keep all state licenses and permits current.

8.

The day care home shall be maintained to retain the appearance of a home consistent with the general character of the neighborhood.

9.

Large family day care homes shall provide at least one off-street parking space per employee of driving age not living in the home. The residential driveway approach is acceptable for this parking requirement provided that it does not conflict with a required drop-off/pick-up area and does not block the public sidewalk or right-of-way.

10.

Indoor and outdoor play areas that satisfy the requirements of the state shall be provided. The outdoor play area shall be screened and enclosed by a natural barrier, wall, or fence a minimum of five feet in height. The outdoor play area shall be designed to reduce noise impacts on adjacent properties.

(Ord. No. 2024-2529, 4-2-2024)

The conversion of existing apartments, hotels and motels, and other rental properties to condominiums, community projects, or stock cooperatives may be permitted if the following conditions are satisfied:

A.

Permit. A conditional use permit is required and the following findings shall be made:

1.

The proposal is consistent with housing element goals and objectives;

2.

Plans and reports submitted by the applicant, along with conditions of approval, show that necessary upgrading will be completed prior to the sale of any unit;

B.

Tentative and Parcel Maps. A conversion shall comply with requirements for tentative and final parcel maps.

C.

Subdivision Map Act. Requirements of the state Subdivision Map Act will be satisfied, specifically with regard to requirements for notice to tenants and right of tenants to exclusive contract for purchase in condominium, community apartment or stock cooperative projects.

D.

Physical Elements Reports.

1.

At the time of submitting the conditional use permit application required in Subsection (A) of this section, the applicant shall submit a report or reports on the status of the physical elements of the project, including the condition and remaining useful life of building foundations and walls, roofs, electrical systems, plumbing systems, mechanical systems, recreational facilities, parking and other paved areas and drainage facilities. These reports shall be prepared by California licensed structural or civil engineers or private home inspectors and they shall include a detailed evaluation of the existing physical elements, a recommendation on their status including any necessary repairs or replacement, either immediate or in the future, and a certification of the findings. The reports shall also specifically address or include the following:

a.

Measures that should be taken to improve sound attenuation between units (except for projects built after July 1, 1979 in compliance with the building code);

b.

Structural pest report;

c.

Building history report identifying the date of construction of all elements;

d.

Characteristics of the building not in compliance with currently applicable building or housing codes, and with codes in effect at the time of construction;

e.

The need for smoke detectors in individual units, as well as for other on-site fire protection systems maintained by the homeowners association.

2.

The planning commission, or city council on appeal, shall review these reports to determine the need to repair or replace any existing physical elements as a condition of approving the proposed conversion.

E.

Other Materials. Any other materials required by the planning division to provide evidence in support of the above conditions shall be submitted before the conditional use permit application is determined complete.

(Ord. No. 2024-2529, 4-2-2024)

18.30.100 - Conversions to nonresidential use.

A.

Generally. A structure or building intended or designed to be used as a dwelling unit may be used in the commercial and industrial zones for a permitted commercial or industrial use, subject to the provisions of this chapter.

B.

Approval. Approval of a site plan by the Planning Commission is required.

C.

Removal of Residential Facilities. All facilities for living, sleeping, cooking, and dining shall be permanently removed except for employee dining facilities.

D.

Compliance with Zoning Regulations. All other provisions of this title shall be complied with.

E.

Building Occupancy. The structure or building shall not be used or occupied until after the issuance of a certificate of occupancy by the building official. Any change of occupancy shall comply with all requirements of the building code of the city and this title.

F.

Dwelling Unit of Historical Character. When application is made for approval to convert a dwelling unit of recognized historical character, the planning commission may deny a permit on grounds of unsuitability of the proposed use.

G.

Dwelling Unit Used as a Place of Assembly. A dwelling unit or any portion thereof shall be permitted to be converted and/or used as a place of assembly as defined by this title only by the issuance of a conditional use permit.

H.

Design and Aesthetics. In the approval of any plans for the conversion of a residential structure for any of the uses permitted under this chapter, the planning commission shall take into consideration the architectural design of the structure, as well as the aesthetic quality of the structure and the property.

(Ord. No. 2024-2529, 4-2-2024)

18.30.110 - Emergency shelters.

A.

Purpose. This section establishes standards for the development and operation of emergency shelters where permitted by right as set forth in Division 2.

B.

Permitted Use. In compliance with SB 2 effective January 1, 2008, emergency shelters shall be allowed as a permitted use without the need for a conditional use permit and are exempt from CEQA (California Environmental Quality Act).

C.

Limitations on Location.

1.

Eligible Locations. A new facility shall be a permitted use in the light industrial (IL) zone only.

2.

Separation Between Emergency Shelters. A new emergency shelter shall not be closer than three hundred feet to another emergency shelter as measured between property lines.

D.

Lighting. Adequate external lighting shall be provided for security purposes to ensure fully lit parking, gathering and waiting areas.

E.

Building Design Standards.

1.

Number of Beds. An emergency shelter shall contain a maximum of one bed per one hundred fifty square feet of sleeping area not to exceed fifty beds and shall serve no more than fifty persons.

2.

Client Waiting Areas. Emergency shelters shall have an interior, enclosed client waiting and intake area large enough to accommodate the number of persons equal to twenty-five percent of the number of beds. The area shall be based on space required for seated persons. Any exterior overflow waiting area shall be fenced, screened, gated, and covered and shall not obstruct sidewalks or driveways.

3.

Client Gathering Areas. Emergency shelters shall have an interior multipurpose area separate from the sleeping area. The multi-purpose area shall be provided with space equal to at least ten square feet per bed, but not be less than two hundred fifty square feet. The multipurpose area shall have an exterior gathering area equal to at least fifty square feet per bed and shall be fenced, screened, and landscaped.

F.

Facility Operating Standards.

1.

On-Site Management. The facility shall maintain a management plan. The management plan must document that management and staffing is sufficient for adequate control of the facility. The management plan shall include descriptions of:

a.

On-site management.

b.

Staffing levels and qualifications.

c.

Client services offered and case management.

d.

Behavior guidelines including no drug or alcohol use.

e.

Facility maintenance.

f.

Emergency plan.

g.

Security plan.

2.

Vehicle Parking. The number of off-street parking spaces shall be calculated based on the amount of office space at the facility or one parking space per employee. The square footage of office space shall be used to determine the number of spaces per the standards specified in Chapter 18.45 (Parking and Loading Requirements). The number of parking spaces based on this calculation shall not exceed the number of parking spaces required for other residential or commercial uses within the same zone as the emergency shelter.

3.

Length of Stay. Temporary shelter shall be available to residents for a maximum of six months.

4.

Hours of Operation. The emergency shelter shall only accept clients between the hours of seven a.m. and eight p.m.

(Ord. No. 2024-2529, 4-2-2024)

18.30.120 - Hazardous waste facilities.

A.

Definition.

1.

"Hazardous waste facility" shall be defined as specified by the California Health and Safety Code and San Diego County Hazardous Waste Management Plan.

B.

Approval. Hazardous waste facilities may be permitted only in the medium industrial (IM), heavy industrial (IH) zones and shall require approval of a conditional use permit. Data, policies, criteria and procedures contained in the San Diego County Hazardous Waste Management Plan shall be utilized for evaluation of applications for hazardous waste facilities. The siting criteria, the conditional use permit procedure and the fair share policies of the plan shall be utilized in making decisions on such applications.

C.

Grant Conditions. Before any conditional use permit may be granted for a new hazardous waste facility project or for modification of an existing facility, in addition to the conditions required by Section 18.12.110, it shall be found that the proposed facility is in compliance with the following siting criteria documents of the County of San Diego Hazardous Waste Management Plan:

1.

Section E, entitled "Local and Regional Facility Needs," of Chapter IX, entitled "Siting and Permitting of Hazardous Waste Facilities" (Pages IX-35 through IX-37);

2.

Appendix IX-A, entitled "Siting Criteria for Evaluating Hazardous Waste Management Facility Siting Proposals in San Diego County"; and

3.

Appendix IX-B, entitled "General Areas for Siting Hazardous Waste Management Facilities."

D.

Information Requirements. An application for a conditional use permit for a hazardous waste facility project shall provide information required by the planning director to show conformance with procedural requirements of Article 8.7 of the California Health and Safety Code. Such information may include but shall not be limited to documentation from the state office of permit assistance regarding procedures required for approval of the proposed facility.

E.

Related Permit Requirements. All applicable zoning, subdivision, conditional use permit and variance decisions made by the city shall be consistent with the siting criteria documents of the County of San Diego Hazardous Waste Management Plan listed in Subsection (C), above.

(Ord. No. 2024-2529, 4-2-2024)

18.30.130 - Helicopter operations.

A.

Purpose. The purpose of this section is to provide rules and regulations governing the conduct of the operation of helicopters and related facilities within the city.

B.

Conditional Use Permit. No person shall operate or maintain a heliport or helistop without first obtaining a conditional use permit and demonstrating that the facility will comply with FAA regulations.

C.

Temporary Heliport or Helistop Permits.

1.

No person shall operate a helicopter to or from any property within the city other than a heliport or helistop approved by the city (except in cases of an emergency situation); provided, however, that the landing and takeoff of helicopters at places other than approved heliports and helistops may be authorized for specifically designated and limited times. Such authorization shall not exceed a thirty-day period.

2.

Every application for a temporary heliport or helistop permit shall include the following:

a.

Copy of application for state approval;

b.

Copy of application for Federal Aviation Administration approval;

c.

Written approval of landowner or duly authorized agent or representative;

d.

Certificate of insurance.

(Ord. No. 2024-2529, 4-2-2024)

18.30.140 - Mobile homes and similar temporary structures.

A.

Use as Dwelling—Restrictions. A mobile home shall not be used for living or sleeping purposes except when located in an approved mobile home park or unless it meets the criteria for factory built housing in state law as defined by Civil Code Section 18.007.

B.

Restrictions. A mobile home, modular structure, or other temporary structure shall not be used as a business or other commercial use in any zone except that a modular structure may be used as a temporary office or classroom for a period of no longer than one year, subject to the issuance of a temporary use permit. This prohibition shall not apply to any former landfill site which is subject to the regulatory order or directive of a regulatory agency, due to the existence on the site of hazardous materials as defined by Section 25260 of the California Health and Safety Code.

C.

Mobile Home Park—Conditional Use Permit. The development of a mobile home park shall require the issuance of a conditional use permit to ensure that such development will be compatible with existing and permitted uses in the adjacent areas. The conditions of approval may include, but shall not be limited to, external traffic circulation, screening walls and plantings, park layout and design (including architectural design), lot size and shape, landscaping, signs, parking, usable open space and recreation areas, and service buildings.

D.

Mobile Home Park—Screening. When located on a lot adjoining another residential use, mobile home parks shall be permanently screened from such adjoining property by a fence or wall and suitable landscaping, adjacent to or opposite the other residential use.

(Ord. No. 2024-2529, 4-2-2024)

A.

Outdoor Display or Sale of Merchandise Prohibited—General. The outdoor display or sale of merchandise on public or private property is unlawful, except as provided in this section. Merchandise is displayed outdoors when it is placed to the exterior of a building or structure.

B.

Permitted Displays in Commercial, Mixed-Use, and Industrial Zones.

1.

In commercial, mixed-use, and industrial zones, service stations, auto dealers, recreational vehicle sales lots, nurseries, licensed flower shops, grocers, and neighborhood corner stores limited to the sale of fresh produce and flowers and building material yards may display merchandise outdoors only on the same site approved for the business.

2.

Other businesses in commercial, mixed-use, and industrial zones shall not display or sell merchandise outdoors except pursuant to a determination by the planning department that the display would be customary with that type of business and consistent with or comparable to the types of uses.

3.

Other items not covered in this section may be permissible as allowed by an established right-of-way enhancement program.

C.

Special Promotions.

1.

Except as allowed by Subsection (B) all other businesses in the commercial, mixed-use, and industrial zones are permitted to have special promotions at which outdoors display and sales will be allowed, limited to a maximum of three consecutive days each, including all set-up and takedown time. No business shall have more than two such sales in a calendar year. There shall be a period of at least thirty days between sales.

2.

Special promotions involving outdoor display of merchandise which are to last more than three days, or would involve more than two such sales in any calendar year, are not allowed unless city council approval in accordance with Chapter 15.60 is first obtained. All sales shall be limited to the site approved for the business.

3.

No business shall conduct a special promotion with an outdoor display on a property unless the business has a permanent business address on that property. This restriction shall not apply to sales conducted entirely indoors.

D.

Seasonal Sale of Christmas Trees and Pumpkins.

1.

The seasonal sale of Christmas trees and pumpkins outdoors is permitted only in commercial and mixeduse zones on property developed with a commercial use or on vacant property in a commercial or mixeduse zone.

2.

Displays and sales of Christmas trees and pumpkins are limited to thirty-five days respectively, including installation and removal of all related materials. A business license shall be obtained each year prior to setting up displays.

E.

Outdoor Vending Machines. Outdoor vending machines are allowed in all commercial and mixed-use zones. Outdoor vending machines shall:

1.

Be located along the front facade of a building or against a structure designed to accommodate them;

2.

Occupy not more than ten percent the length of the wall facing the street or access drive, or twenty feet, whichever is less;

3.

Not obstruct private pedestrian walkways; a minimum of forty-four inches shall be kept clear of obstructions, or more if pedestrian traffic volume warrants. They are not allowed on public sidewalks.

(Ord. No. 2024-2529, 4-2-2024)

A.

Enclosure. All outdoor storage, in any zone, which occupies a volume of more than sixty cubic feet and is visible from any abutting public street, or which abuts property used for residential purposes, shall be enclosed by a view-obscuring fence or wall at least six feet high. All gates provided for ingress and egress in any required fence or wall shall be at least six feet in height and shall be of view-obscuring construction.

B.

Stacking Stored Materials—Height Limitation. Merchandise, materials, equipment, or other goods, other than neatly stacked lumber in lumberyards, shall be stacked in outdoor storage areas to a height no greater than that of any building, wall, fence, or gate enclosing the storage area. For scrap metal processing yards, see Section 18.30.180.

C.

Posting Signs or Devices Prohibited. No sign, picture, transparency, advertisement, or mechanical device which is used for the purpose of or which does advertise or bring to notice any person or persons, or article or articles of merchandise, or any business or profession, or anything that is to be or has been sold, bartered or given away shall be placed or caused to be placed or to be maintained or caused to be maintained upon the outward face of any gate, fence or wall enclosing any outdoor storage area.

D.

Storage in Yard Setback Prohibited. No storage shall be permitted in any required front or side yard setbacks adjacent to a public street or highway.

E.

Materials Storage During Construction. During construction and sixty days thereafter, property in said project area may be used for the storage of materials, excluding batch plants, used in the construction of the individual buildings in the project and for the contractor's temporary office.

F.

Areas Designated for Storage. Except as specified herein, no other areas shall be used for outdoor storage. Areas designated for storage or which are otherwise restricted to vehicular passage shall be indicated on the plot plan and be so maintained. .All areas of the yard open to vehicular passage shall be paved.

G.

Specific Storage Regulations in Commercial, Mixed-Use, and Industrial Zones. In the commercial, mixeduse, and industrial zones, the following regulations shall apply:

1.

The storage of all materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible by or otherwise attractive to insects or rodents, unless said materials or wastes are stored outdoors in closed containers, is prohibited.

2.

The storage of corrosive materials is permitted subject to the provisions of the city fire code.

3.

Activities involving the storage of fire and explosive hazard materials shall be conducted in accordance with the city fire code.

4.

Toxic or dangerous materials shall be stored in a manner that insures against their escape from the premises to the detriment of public safety, health or welfare.

5.

No material, equipment, or goods of any kind shall be stored on the roof of any building in any zone.

6.

In the industrial zones, the storage or materials, liquids, or wastes upon any lot in such form or manner that they may be transferred or flow off said lot by natural causes or forces is prohibited.

7.

Shipping containers and truck trailers shall not be used for storage purposes in any zone, except pursuant to a temporary use permit as approved by the city council.

H.

Rubbish Storage.

1.

Rubbish and solid waste shall be disposed of by public facilities, when available. Liquid wastes shall be promptly and properly disposed of in a manner acceptable to the city and to the San Diego Metropolitan Sewer District. Where public facilities are not provided for disposal, rubbish and solid waste shall be contained in rodent proof, nonflammable, waterproof storage containers with close-fitting lids. When liquid wastes are of such a character as to be unacceptable in the public sewer system, such wastes shall be stored in suitable containers or tanks until transfer. Such containers or tanks shall comply with the city fire code and other applicable regulations in this title.

2.

All storage and disposal facilities shall be screened from all public view. In the residential, commercial, mixed-use, and institutional zones such screening shall be of solid masonry construction with sturdy gates of view-obscuring design. Location and accessibility shall be subject to site plan review.

3.

Any building or structure or portion of building or structure used for storage of rubbish-and waste shall contain an approved floor drain connected to the public sewer system.

(Ord. No. 2024-2529, 4-2-2024)

A.

Purpose. It is the intent and purpose of this chapter to establish reasonable regulations for establishment of recycling collection facilities to encourage and facilitate the recycling of glass, aluminum, plastic and nonaluminum metal beverage containers in a safe and convenient manner.

B.

Definitions. For the purpose of this chapter, the following words shall have the following meanings:

1.

Igloos. An "igloo" is a small, moveable collection bin or container occupying no more than forty square feet each.

2.

Mobile Recycling Unit. A "mobile recycling unit" means an automobile, truck, trailer or van, licensed by the department of motor vehicles, which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers, other than igloos, transported by trucks, vans, or trailers, and used for the collection of recyclable materials.

3.

Recyclable Material. "Recyclable material" is reusable material including aluminum, nonaluminum metal, glass and plastic beverage containers, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material as described in this section does not include paper, refuse, motor oil or other hazardous materials.

4.

Recycling Collection Facility. A "recycling collection facility" is a center for the collection of recyclable materials from the public by donation, redemption or purchase. A certified recycling facility means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers located on the premises of a commercial or industrial use used solely for the collection of recyclable materials generated by that use. Recycling collection facilities include the following:

a.

Reverse vending machines;

b.

Igloos;

c.

Mobile recycling units.

5.

Reverse Vending Machine. A "reverse vending machine" is an automated mechanical device which accepts at least one or more types of empty beverage containers including aluminum and nonaluminum metal cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically; provided that the entire process is enclosed within the machine. In order to accept and temporarily store all four container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary. A "bulk reverse vending machine" is a reverse vending machine that is larger than fifty square feet; is designed to accept more than one container at a time; and will pay by weight instead of by container.

6.

Small Recycling Facility. A small recycling facility is defined as an igloo or reverse vending machine.

C.

Types of Facilities Permitted.

1.

Reverse vending machines, igloos, and mobile recycling units may be permitted subject to conformance with all of the following:

a.

Location within the MXC-1, MXC-2, MXD-1, MXD-2, MXT, CS, IL, and IM zones;

b.

Location within convenience zones designated by the State of California Department of Conservation, Division of Recycling;

c.

Certification or application for certification by the State of California;

d.

Required permits, as described in Subsection (D);

e.

Operation and design standards, as described in Subsection (E);

f.

No recycling collection facility shall be permitted if it is found that the facility or its operation will have a detrimental effect on public health, safety, or general welfare.

D.

Permits Required.

1.

Site Plan Review. Small recycling facilities, as defined in Subsection (B), shall require site plan review approval.

2.

Conditional Use Permit. Mobile recycling units, as defined in Subsection (B), shall require conditional use permit approval.

E.

Operation and Design Standards.

1.

Reverse vending machines shall comply with the following standards:

a.

Established in conjunction with a commercial use or community service facility which is in compliance with the zoning, building, and fire codes of the city:

b.

Located within thirty feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation;

c.

Not occupy parking spaces required by the primary use;

d.

Except for bulk reverse vending machines, occupy no more than fifty square feet of floor space per installation, including any protective enclosure, and be no more than eight feet in height; no more than four reverse vending machines at the site; bulk reverse vending machines shall occupy no more than three hundred square feet of floor space per installation, including any protective enclosure;

e.

Constructed and maintained with durable waterproof and rustproof material;

f.

Clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is nonoperative;

g.

Have a sign area of a maximum of four square feet per machine, exclusive of operating instructions;

h.

Maintained in a clean, litter-free condition on a daily basis;

i.

Illuminated to ensure comfortable and safe operation if operating hours are after dusk;

j.

Installation of all wiring required in accordance with the National Electrical Code, latest edition.

2.

Igloos shall comply with the following standards:

a.

Established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building, and fire codes of the city;

b.

Occupy an area no larger than two hundred square feet;

c.

Set back at least ten feet from any front property line and shall not obstruct pedestrian or vehicular circulation;

d.

Accept only glass, metal, and plastic containers;

e.

No power-driven processing equipment used;

f.

Containers constructed and maintained with durable, waterproof and rust-proof material, covered when site is not attended, secured from unauthorized entry or removal of material, of a capacity sufficient to accommodate materials collected and collection schedule;

g.

All recyclable material stored in containers, and materials not left outside of containers at any time;

h.

Maintained free of litter and any undesirable materials;

i.

Not be located within fifty feet of a residentially zoned property;

j.

Operation of attended facilities located within one hundred feet of a property zoned or occupied for residential use only during the hours of nine a.m. and seven p.m.;

k.

Noise levels not exceeding sixty dBA as measured at the property line of residentially zoned or occupied property, and otherwise not exceeding sixty-five dBA;

l.

Location of containers for the twenty-four-hour donation of materials at least one hundred feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use;

m.

Labeling of containers to identify the type of material which may be deposited, identification of the facility with the name and telephone number of the facility operator and the hours of operation, and display of notice stating that no material shall be left outside the recycling enclosure or containers;

n.

Signing permitted as follows:

i.

Identification signs with a maximum of four square feet, in addition to informational signs required in Subsection (E)(2)m, above;

ii.

Signs consistent with the character of the location;

iii.

Directional signs, bearing no advertising message, installed with the approval of the city manager or his/her designee if the facility is not visible from the public right-of-way;

iv.

Authorization from the city manager or his/her designee for increase in the number and size of signs upon finding that it is compatible with adjacent businesses.

o.

Required landscape area not occupied or interfered with;

p.

No occupation of parking spaces on the site unless deemed necessary and authorized by the city manager or his/her designee; no additional parking spaces required for customers of an igloo collection facility located at the established parking lot of a host use; one space of host use permitted to be occupied by an attendant, if needed.

3.

Mobile recycling units shall comply with the following standards:

a.

Established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building, and fire codes of the city;

b.

No larger than three hundred fifty square feet and occupy no more than three parking spaces not including space that will be periodically needed for removal of materials or exchange of containers;

c.

Set back at least ten feet from any front property line and shall not obstruct pedestrian or vehicular circulation;

d.

Accept only glass, aluminum, nonaluminum, and plastic containers;

e.

No power-driven processing equipment used;

f.

Containers constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from unauthorized entry or removal of material, and of a capacity sufficient to accommodate materials collected and collection schedule;

g.

All recyclable materials stored in containers or in the mobile unit vehicle, and not left outside of containers at any time;

h.

Maintained free of litter and any other undesirable materials; mobile facilities, at which truck or containers are removed at the end of each collection day, swept at the end of each collection day;

i.

Noise levels not exceeding sixty dBA as measured at the property line of residentially zoned or occupied property, and otherwise not exceeding sixty-five dBA;

j.

Not to be located within fifty feet of a residentially zoned property;

k.

Operation of attended facilities located within one hundred feet of a property zoned or occupied for residential use only during the hours of nine a.m. and seven p.m.;

l.

Location of containers for the twenty-four-hour donation of materials at least one hundred feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use;

m.

Labeling of containers to identify the type of material which may be deposited; identification of the facility to identify the name and telephone number of the facility operator and the hours of operation, and display of a notice stating that no material shall be left outside the recycling enclosure or containers;

n.

Signing permitted as follows:

i.

Identification signs with a maximum of four square feet, in addition to informational signs required in Subsection (E)(3)m, above;

ii.

Signs consistent with the character of the location;

iii.

Directional signs, bearing no advertising message, installed with the approval of the city manager or his/her designee if the facility is not visible from the public right-of-way;

iv.

Authorization from the city manager or his/her designee for increase in the number and size of signs upon finding that it is compatible with adjacent businesses.

o.

Required landscape area not occupied or interfered with;

p.

No additional parking spaces required for customers of a mobile recycling unit located at the established parking lot of a host use; one space of the host use permitted to be occupied by the attendant, if needed;

q.

Area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;

r.

No reduction of available parking spaces below the minimum number required for the primary host use unless a parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site; reduction in available parking spaces in an established parking facility then permitted as follows:

i.

For a commercial host use:

ii.

For a community facility host use, a maximum of four spaces reduction will be allowed when not in conflict with parking needs of the host use.

F.

Additional Requirements. Additional requirements may be required as conditions of permit approval.

(Ord. No. 2024-2529, 4-2-2024)

A.

Regulations Generally. Scrap metal yards, scrap or used metal sales, and scrap metal processing shall be operated in accordance with the provisions of this section. This shall not relieve the operators of scrap metal processing uses from complying with all city regulations, laws, and ordinances.

B.

Site Plan Review Required. All scrap metal processing uses shall be subject to site plan review.

C.

Salvage or Junk Storage Restrictions. The storage of salvage or junk shall not be placed or allowed to remain outside of the enclosed yard area. It may be stored above the height of the fence or wall, provided such storage is not within ten feet of an exterior lot line. Nonmetallic salvage or processing not clearly incidental to the principal use shall not be allowed.

D.

Fences and Walls—Required. The entire premises shall be enclosed by fences and walls of uniform height in relation to the ground upon which they stand. Such fences or walls shall be a minimum of eight feet high and shall not exceed fifteen feet in height.

E.

Fences and Walls—Materials. All fences and walls open to view from any street shall be constructed of the following materials:

1.

Metallic panels, at least .024 inches thick, painted with a baked-on enamel or similar permanent finish. All fences constructed with metallic panels exposed to view from the exterior side shall have an interior face of solid wood not less than two inches thick from the ground to the top of such fence;

2.

Masonry;

3.

Other materials comparable to the foregoing if approved by the planning division.

F.

Fences and Walls—Construction Standards. All fences and walls shall be constructed in a workmanlike manner and shall consist solely of new materials, unless the director of planning approves the substitution of used materials where, in his opinion, such used materials will provide the equivalent in service, appearance, and useful life.

G.

Fences and Walls—Painting. All fences and walls, excluding masonry and approved permanent finish panels, shall be painted a uniform complimentary color, excluding black, which blends with the surrounding terrain and improvements, and shall be maintained in a neat, orderly condition at all times. Such fence or wall shall contain no painted signs or posters except as approved by the director of planning. In all cases, colors shall be subject to approval by the director of planning.

H.

Standards for Structures. Any structures which are used as part of the yard boundaries and/or are exposed to view from a street frontage shall be subject to painting, maintenance and sign requirements for fences and walls as provided in Chapter 18.43. The planning division may approve other appropriate architectural treatment.

I.

Paving of Yards. Areas designated for storage or which are otherwise restricted to vehicular passage shall be indicated on the site plan and shall be so maintained. All areas of the yard open to vehicular passage shall be paved

J.

Landscaping.

1.

Along each street frontage, all required setbacks and the adjacent street parkways shall be fully landscaped.

2.

A permanent automatic irrigation system shall be provided which satisfactorily irrigates all planted areas.

3.

All landscaped areas shall be continuously and properly maintained in good condition.

K.

Painting and Maintenance. All equipment, structures, etc., extending above the height of exterior fences shall be continuously maintained and painted in a neat and orderly fashion.

L.

Storage and Combustibles. Containers approved by the city fire department shall be provided for the storage of combustible materials removed from scrap autos delivered to the site.

M.

Litter Prohibited. The entire site shall be continuously maintained to prevent accumulations of weeds, rubbish, litter, or combustible waste. Any incidents of rat or vermin harborage shall be promptly corrected.

N.

Performance Standards. All salvage operations shall comply with the performance standards for air pollution, noise, vibration, and glare as set forth in Section 18.40.030 and Title 7 of the Municipal Code.

(Ord. No. 2024-2529, 4-2-2024)

18.30.190 - Service stations and convenience stores with gasoline pumps.

A.

Conditional Use Permit Required. The development and construction of all service stations shall be subject to the issuance of a conditional use permit.

B.

Frontage. The site shall have a minimum of one hundred feet of frontage on a dedicated street.

C.

Minimum Site Area. The minimum site area shall be fifteen thousand square feet.

D.

Site Planning Standards.

1.

Bay doors of service stations and automotive maintenance and repair facilities should not be visible from the major street, whenever possible.

2.

Fuel pump islands and canopies should be screened by the main building structure. The convenience store should be placed at the street frontage with display windows along the sidewalk, to encourage pedestrian use.

3.

Curb cuts shall be limited to one per street for corner locations, or two per street for mid-block locations.

4.

Curb cuts on the same street shall be spaced at least twenty-five feet apart.

E.

Screening. When a service station adjoins a residential zone along a rear or side lot line, a masonry screening wall, not less than five feet and no more than six feet in height, shall be erected along such adjoining lot line.

F.

Building Fronts.

1.

All building materials and designs shall be consistent with the general standards for commercial businesses. Metal buildings are not permitted.

2.

The design of stand-alone gas stations and convenience stores should conform to the dominant existing or planned character of the surrounding neighborhood or development. This can be accomplished through the use of similar forms, materials and colors.

3.

The design of a facility that occupies a pad or portion of a building within a larger commercial center should be designed to reflect the design elements of that center.

4.

All sides of a building visible from the street shall express consistent architectural detail and character.

G.

Pump Island Canopies and Other Buildings and Structures. All structures on the site (including kiosks, car wash buildings, pump island canopies, and screen walls) shall be architecturally consistent with the main structure, including roof design, color, materials, and architectural details.

H.

Landscaping—Generally. Ten percent of the gross site area shall be devoted to landscaping.

I.

Open Area—Surfacing. All open areas, not included in landscaped areas shall be paved.

J.

Use Regulations. The operation of all service stations shall be in accordance with the following regulations:

1.

Uses permissible at a service station do not include body or fender work or automobile painting unless they are permissible uses within the particular zone. Dismantling of automobiles for the purpose of selling parts is prohibited.

All repair work being conducted shall be within a structure which shall be attached to the existing service station facility.

3.

Adequate facilities for such repair shall be available.

4.

No outdoor storage of disabled vehicles, vehicles under repair, automobile parts, or repair equipment shall be allowed at any time.

5.

Major repairs shall be conducted only between the hours of seven a.m. and seven p.m.

6.

Operations outside permanent structures shall be limited to the dispensing of motor fuels and servicing of tires, batteries and/or automobile accessories.

K.

Gasoline Pumps as an Accessory Use. This section shall have no effect on the installation and operation of a gasoline pump or pumps, or lube oil drums which are used solely to service the motorized equipment of commercial, manufacturing or industrial use of the land upon which the pump or drum is installed; provided, however, that the pump or drum shall not be installed or operated on any parcel of land not included within the land of the permissible principal use.

L.

Sale of Gasoline as an Accessory Use.

1.

The sale of gasoline as an accessory use to a permitted use shall require the issuance of a conditional use permit.

2.

The sale of gasoline as an accessory use will be allowed only in zones in which the sale of gasoline as a principal use is allowed.

M.

Sale of Non-automotive Products at Service Stations. The sale of nonautomotive products in service stations is permitted as follows:

1.

Such products must be displayed within an enclosed permanent building.

The display area shall be a maximum of two hundred sixteen cubic feet, except that a conditional use permit may be issued to authorize additional areas of display, where such use is otherwise permitted by this title. The sale of any alcoholic beverages is prohibited, regardless of the display area, unless specifically authorized by a conditional use permit.

N.

Lighting.

1.

General. All lighting shall be directed away from adjoining properties and streets and shall be so shielded and adjusted that the light is directed to fall only on the same premises upon which the light source is located.

2.

Canopy Lighting.

a.

Lights shall not be mounted on the top or sides of the canopy. The sides shall not be illuminated in any manner.

b.

Fuel pump canopies shall not be internally illuminated. Light fixtures shall be completely recessed into the canopy so that the light source is concealed.

O.

Enhanced Vapor Recovery Systems (EVR). As required by AST Executive Order VR-401-B adopted by State of California Air Resources Board, as of April 1, 2009, all gasoline dispensary facilities with underground storage tanks must upgrade to an Enhanced Vapor Recovery System (EVR) Phase II. All EVR Systems, including pipes that and other components that extend beyond/above the tank, shall be screened from view.

(Ord. No. 2024-2529, 4-2-2024)

A.

Purpose. Sidewalk cafes make a significant contribution to the quality of public spaces and community life. They provide an active street frontage that is lively and dynamic. They are natural locations for social interaction. The purpose of this section is to provide procedures for and standards to encourage the establishment of sidewalk cafes wherever permitted.

B.

Permit Requirements. A sidewalk cafe shall require the approval of a right-of-way permit as specified by an established right-of-way enhancement program.

C.

Review Authority. A sidewalk cafe may be approved by the planning division if it is determined that the proposed cafe is in conformity with all of the requirements of this section. An encroachment permit must thereafter be obtained from the city council.

D.

Limitations and Requirements.

1.

Where Permitted. A sidewalk cafe may be permitted only in a zoning district that allows indoor restaurants, and then only if the sidewalk cafe is situated adjacent, as specified below, to an indoor restaurant and the sidewalk cafe's operation is incidental to and a part of the operation of such adjacent indoor restaurant.

a.

A sidewalk cafe may be located on the public sidewalk immediately adjacent to and abutting the indoor restaurant which operates the cafe, provided that the area in which the sidewalk cafe is located extends no farther along the sidewalk's length than the actual sidewalk frontage of the operating indoor restaurant and all other applicable provisions of this section are fulfilled.

b.

The service of alcoholic beverage to customers using the sidewalk cafe is prohibited.

2.

Sidewalk Clearances. A sidewalk cafe may be permitted only where the sidewalk is wide enough to adequately accommodate both the usual pedestrian traffic in the area and the operation of fifty percent of the sidewalk's width at any point and not less than eight consecutive feet of sidewalk width at every point shall be kept clear and unimpeded for pedestrian traffic.

3.

Outdoor Furniture. All tables and chairs comprising a sidewalk cafe shall be set back not less than two feet from any curb and from any sidewalk or street barrier, including a bollard, and shall not be situated within eight feet of any designated bus stop. All outdoor dining furniture, including tables, chairs, umbrellas, and planters, shall be movable. All outdoor furniture must be of commercial quality to withstand the wear of outdoor use; plastic tables and chairs are not permitted. Outdoor furniture should be complimentary to the adjoining indoor business design and make a positive contribution to the street environment. Umbrellas must be secured with a minimum base of not less than sixty pounds. Outdoor heaters, music, or speakers are prohibited.

4.

Signage. No signing shall be allowed at any outdoor cafe except for the name of the establishment on an awning or umbrella fringe.

5.

Food and Beverages. A sidewalk cafe may serve only food and nonalcoholic beverages prepared or stocked for sale at the adjoining indoor restaurant.

6.

Service Requirements. The outdoor preparation of food and busing/server stations are prohibited at sidewalk cafes. The presetting of tables with utensils, glasses, napkins, condiments, and the like is prohibited. All exterior surfaces within the cafe shall be easily cleanable and shall be kept clean at all times by the permittee. Trash and refuse storage for the sidewalk cafe shall not be permitted within the outdoor dining area or on adjacent sidewalk areas and the permittee shall remove all trash and litter as they accumulate. The permittee is responsible for maintaining the outdoor dining area, including the sidewalk surface and furniture and adjacent areas in a clean and safe condition.

7.

Hours of Operation. Sidewalk cafes may only operate between the hours of seven a.m. and ten p.m. and shall be setback a minimum of one hundred fifty feet from the property line of any parcel occupied by a detached single-family residence. Tables, chairs, and all other furniture used in the operation of an outdoor cafe shall be removed from the sidewalk and stored indoors at night and whenever the cafe is not in operation.

E.

Power to Suspend Operation of Sidewalk Cafe. The city shall have the right and power, acting through the city manager or his/her designee, to suspend the operation of a sidewalk cafe at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area. Such problems and conflicts may arise from, but are not limited to, scheduled festivals and similar events, or parades or marches, or repairs to the street or sidewalk, or from demonstrations or emergencies occurring in the area. To the extent possible, the permittee shall be given prior written notice of any time period during which the operation of the sidewalk cafe will be suspended by the city, but any failure to give prior written notice shall not affect the right and power of the city to suspend the cafe's operation at any particular time.

F.

Findings and Conditions. In connection with granting approval for a minor use permit for a sidewalk cafe, the planning division shall make findings that the proposed operation meets the limitations of this section and may impose conditions in granting its approval as deemed are needed to ensure that the proposed operation will meet the operating requirements and conditions set forth in this section and to assure that the public safety and welfare will be protected.

(Ord. No. 2024-2529, 4-2-2024)

18.30.210 - Small wind energy systems.

A.

Purpose. The intent of the section is to allow for the limited use of wind turbines or windmills throughout the city for the purpose of small-scale generation of electricity to serve the needs of a home, institutional or open space land use, or business. These provisions are intended to ensure that such facilities are well designed, carefully sited, and operated in a manner that will not pose a nuisance or hazard to the general public or nearby neighbors. In addition, these provisions are intended to preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of small wind energy systems.

. These provisions are intended to ensure that such facilities are well designed, carefully sited, and operated in a manner that will not pose a nuisance or hazard to the general public or nearby neighbors. In addition, these provisions are intended to preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of small wind energy systems.

B.

Definitions.

1.

"Roof peak" is the highest point of a roof excluding any architectural feature such as a cupola, parapet, turret, tower, elevator shaft enclosure, or similar architectural embellishment.

2.

"Small wind energy system" means a wind energy system consisting of a single wind turbine, tower, and associated control or conversion electronics providing electricity for a home, accessory dwelling unit, multifamily residential building, or small business.

3.

"Total height" means the vertical distance from ground level to the tip of a fully extended wind turbine blade at its highest point.

4.

"Tower" means a freestanding structure that supports a wind turbine.

5.

"Wind energy system" means equipment that converts and then stores or transfers energy from the wind into usable forms of energy and includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, turbine, vane, wire, or other component used in the system.

6.

"Wind turbine" means the mechanical and electrical conversion components mounted at the top of a tower in a wind energy system.

C.

Small Wind Energy System Standards. A small wind energy system shall be a permitted use in all zoning districts subject to the following requirements:

1.

Lot Size and Maximum Height.

a.

Small mono-pole wind energy systems shall be subject to the height limit of the underlying zone. One mono-pole wind energy system is permitted for each half-acre or portion thereof not to exceed three. Wind turbine systems shall comply with the FAA height regulations and coastal zone requirements.

b.

Roof-mounted wind energy systems shall be allowed on any lot size with a total height limit of ten feet above the peak of the roof and located the furthest distance from adjacent residences.

2.

Setbacks.

a.

A wind tower shall be set back a distance equal to the total height to the top of a fully extended blade from any public right-of-way or overhead utility lines and all property lines.

b.

No part of the wind system structure, including guy-wire anchors, may extend closer than accessory building setbacks of the appropriate zone to the property lines of the installation site.

3.

Access. All ground mounted electrical and control equipment shall be secured to prevent unauthorized access and the tower shall be designed and installed so as not to provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground.

4.

Noise. Small wind energy systems shall comply with the noise ordinance of the National City Municipal Code.

5.

Approved Wind Turbines. Small wind turbines must be approved by the emerging technologies program of the California Energy Commission or any other small wind certification program recognized by the American Wind Energy Association.

6.

Appearance.

a.

The wind generator and tower shall be painted in subdued tones of white, silver, light grey, or light blue or the manufacturer's original paint or finish shall be permitted if it complies with the subdued tones identified herein or should be designed and painted a color that blends with the surrounding natural or manmade features.

b.

Where mounted on a building, the installation shall be well integrated with the architecture of the building.

7.

Safety Precautions.

a.

A wind energy system shall be equipped with manual and automatic overspeed controls to limit the rotational speed of the blade within the design limits of the rotor.

b.

All wind towers shall have lightening protection.

c.

If a wind tower is supported by guy wires, the wires shall be clearly visible to the height of at least six feet above the guy wire anchors.

d.

The minimum distance between the ground and any part of the rotor blade system shall be fifteen feet.

e.

A six-feet-high fence with a locking gate shall be placed around the system's tower base.

D.

Permits.

1.

Small roof mounted wind energy systems are an accessory use permitted in all zoning districts. No small wind energy systems shall be erected, constructed, or installed without first receiving a building permit from the appropriate city authority. A building permit shall also be required for any modification to an existing small wind energy system.

Small mono-pole wind energy systems and meteorological towers shall not be erected, constructed, or installed without first receiving a conditional use permit and a building permit from the appropriate city authorities. A building permit shall also be required for any modification to an existing system.

(Ord. No. 2024-2529, 4-2-2024)

A.

Purpose. The purpose and intent of this section is to provide a uniform and comprehensive set of standards for the development, siting, and installation of wireless telecommunications facilities and antenna installation. These regulations are intended to protect and promote the public health, safety, and welfare of the residents of National City and to preserve community character and protect aesthetic quality in accordance with the guidelines and intent of the Telecommunications Act of 1996 and to encourage siting in preferred locations to minimize aesthetic impacts and to minimize the intrusion of these uses into residential areas.

B.

Commercial Telecommunications Facilities on Private Property.

1.

Telecommunication facilities are subject to a conditional use permit and design review and shall comply with all applicable provisions of this section.

2.

Design guidelines for commercial facilities. To the greatest extent possible, commercial telecommunication facilities shall be sensitively designed and located to be compatible with and minimize visual impacts to surrounding areas, including public property. To this end, each facility shall comply with the following design guidelines.

a.

Innovative design solutions that minimize visual impacts should be utilized; stealth solutions where facilities are not detectable are especially encouraged.

i.

A good faith effort in achieving co-location shall be required of the host entity. Requests for utilization of facility space and response to such requests shall be made in a timely manner and in writing and copies shall be provided to the city. Co-location is not required in cases where the visual impacts are found to be substantial, the facility cannot reasonably accommodate additional facilities, or where good faith lease arrangements fail.

ii.

All properties found suitable for co-location and multiple users shall be designed to promote facility and site sharing. To this end telecommunication facilities and necessary appurtenances, shall be shared by site users, when in the determination of the planning commission, as appropriate, this will minimize overall visual impacts to the community.

b.

Telecommunication facilities shall be as small as possible and the minimum height necessary without compromising reasonable reception or transmission.

c.

Antennas and their support structures should be located on the rear half of property or structures when reasonable transmission and/or reception would not be impaired and when visual impacts would be reduced, unless no other feasible alternative location exists.

d.

Telecommunication facilities and appurtenances should not be situated between the primary building on the parcel and any public or private street adjoining the parcel.

e.

Telecommunication facilities should be located and designed to avoid blocking and/or substantially altering scenic views.

f.

Building mounted telecommunication facilities are encouraged rather than telecommunication towers.

g.

Building mounted telecommunication facilities should be integrated with existing structures.

h.

Telecommunication facilities should be designed and painted a color that blends with the surrounding natural or manmade features.

i.

Telecommunication facilities and appurtenances shall be screened by existing and/or proposed structures and landscaped to the extent possible without compromising reception and/or transmission.

j.

The design of fencing, landscaping, and other screening for telecommunication facilities shall be integrated and compatible with surrounding improvements.

k.

Multiple telecommunication facilities of reduced heights are encouraged to cover a service area where the visual impacts would be less than a single larger and more visually obtrusive tower.

l.

Co-location of commercial telecommunication towers and the use of the same site by multiple carriers is encouraged where feasible and found to be desirable.

m.

Monopoles or guyed/lattice towers are discouraged except where satisfactory evidence is provided demonstrating that a self-supporting tower is needed to provide the height and/or capacity necessary for the proposed facility and visual impacts would be minimized.

n.

All utility lines serving the facility shall be under-grounded.

o.

Each commercial telecommunication facility shall be installed in a manner that will maintain and enhance existing native vegetation. Suitable landscaping to screen the facility shall also be installed where necessary.

p.

All major commercial telecommunication facilities, other than government owned facilities, shall be prohibited in residential zones.

q.

All major commercial telecommunication facilities shall be located at least seventy-five feet from any habitable structure, except for a habitable structure on the property in which the facility is located.

3.

Commercial transmission towers are prohibited.

4.

Telecommunication facilities shall conform to the requirements of the FCC.

C.

Amateur Radio and Citizen's Band Antennas. Amateur radio and citizen's band antennas shall comply with the following regulations, and all other applicable requirements of this section.

1.

The following amateur radio and citizen band facilities require site plan review only:

a.

An antenna facility that is not within the public view provided the facility otherwise complies with all other applicable provisions of this section. It shall be the responsibility of the applicant to prove that the proposed facility will not be in public view.

b.

No more than one ground mounted antenna per parcel, not to exceed thirty feet in height setback a distance equal to the height of the facility from the property line.

c.

No more than one building mounted antenna per parcel, not to exceed twelve feet in height above the highest part of the building.

D.

Receive-Only Television and Radio Antennas. Receive-only TV and radio antennas shall comply with the following regulations, and all other applicable requirements of this section.

1.

The following facilities require site plan review only provided they comply with Subsection (E):

a.

An antenna that is not within the public view provided the facility otherwise complies with all other applicable provisions of this section. It shall be the responsibility of the applicant to prove that the proposed facility will not be in public view.

b.

Ground mounted facility that is a satellite dish one meter (3.28 feet) or less in diameter.

c.

Building mounted facility that is a satellite dish one meter (3.28 feet) or less in diameter.

E.

Development Criteria for All Facilities. Each antenna and other telecommunications facility, including exempt facilities, shall comply with the following requirements.

1.

The antenna shall be accessory to the primary use of the property which is not a telecommunications facility.

No more than one citizen band, amateur radio, receive only TV or radio antenna tower is allowed per parcel.

3.

Telecommunication facilities shall not be located within any setback area required by the applicable zoning district.

4.

Antennas and appurtenances should not be installed between the primary structure and any private or public street adjoining the parcel unless sufficiently screened, and no other feasible alternative exists.

5.

No portion of an antenna array shall extend beyond the property lines of the subject parcel, unless the affected property owner has given written consent to the encroachment and the consent has been recorded at the San Diego County Recorder. Any consent given under this condition shall set forth a procedure by which the consent may be terminated.

6.

The facility shall be as small as possible and the minimum height necessary without compromising reasonable reception and/or transmission.

7.

All hardware such as brackets, turnbuckles, clips, and similar items subject to rust or corrosion shall be protected by galvanizing or paint.

8.

Satellite dishes shall be painted a color that blends with their surroundings.

9.

Satellite dishes shall not be used as a sign or contain any advertising copy.

10.

Facilities shall be screened by existing and/or proposed structures and landscaping to the extent possible without compromising reception and/or transmission.

11.

Each facility shall comply with all federal, state, and city codes, including FCC and FAA standards.

F.

Permit Requirements. A telecommunications facility shall require conditional use permit approval in compliance with this section, if not considered an amateur radio and citizen's band antenna pursuant to Subsection (C) or exempt pursuant to Subsection (D).

Conditional Use Permit Required.

a.

A conditional use permit is required for all commercial telecommunication facilities. The review authority for conditional use permits is the planning commission.

b.

Application requirements for commercial facilities. In addition to the conditional use permit application requirements, the following information shall be submitted when applying for a telecommunications facility:

i.

A narrative description of the proposed facility, including the type of facility, type of technology and consumer services that provider will provide to its customers;

ii.

Area development, service area, and network maps;

iii.

Alternative site or location analysis;

iv.

Title reports; and

v.

Visual impact analysis, including photo montages, field mockups, line of site sections, and other techniques shall be prepared by or on behalf of the applicant which identifies the potential visual impacts of the facility, at design capacity. Consideration shall be given to views from public areas as well as from private properties. The analysis shall assess visual impacts of the facility and shall identify and include all technologically feasible mitigation measures.

c.

Exceptions. Exceptions to the requirements of this section may be granted through conditional use permit approval by the planning commission.

G.

Abandonment. Upon abandonment of a telecommunication facility, the facility shall be removed by the applicant and/or property owner and, where applicable, the site shall be restored to its natural condition.

H.

Notwithstanding any other provision of this section, all "small wireless facilities" as defined by the FCC in 47 C.F.R. § 1.6002(I), as may be amended or superseded, shall be subject to permits and other requirements as specified in City Council Policy No. 506, which is adopted and may be amended or repealed by a City Council resolution. If City Council Policy No. 506 is repealed and not replaced, an application for a small wireless facility shall be processed pursuant to this section.

(Ord. No. 2024-2529, 4-2-2024)

Tobacco specialty businesses, where permitted pursuant to the Land Use Code, shall comply with the following standards:

1.

A conditional use permit is required.

2.

The business shall not be located within one thousand feet of any school, playground, recreation center or facility, childcare center, or library in the city of National City.

3.

No alcohol or food may be sold or consumed on the premises.

4.

No person under the age of twenty-one years of age may enter the premises unless that person is accompanied by his or her parent or legal guardian.

(Ord. No. 2024-2529, 4-2-2024)

18.30.240 - Urban agriculture.

A.

Purpose. The purpose of urban agriculture is to ensure that urban garden areas are appropriately located and protected to meet needs for local food production, community health, recreation, community education, garden-related job training, environmental enhancement, preservation of green space, and community enjoyment.

B.

Definitions.

1.

"Coldframe" means an unheated outdoor structure consisting of a wooden or concrete frame and a top of glass or clear plastic, used for protecting seedlings and plans from the cold.

2.

"Community farm" is an area of land larger than one acre managed and maintained by an individual or group of individuals to grow and harvest food and horticultural products for shareholder consumption or for sale or donation. Shareholders may arrange to work on the farm in exchange for a share of the crops and/or pay for a portion of the crop in advance. A community farm may be a principal or accessory use. Sale and donation of food and horticultural products grown in the community farm may occur on-site.

3.

"Greenhouse" means a building made of glass, plastic, or fiberglass in which plants are cultivated.

4.

"Home garden" means a garden maintained by one or more individuals who reside in a dwelling unit located on the subject property. Food and horticultural; products grown in the home garden may be used for personal consumption or for donation or sale. On-site sales are not permitted. A home garden is an accessory use to a principal residential use.

5.

"Hoophouse" means a structure made of PVC piping or other material covered with translucent plastic, constructed in a "half-round" or "hoop" shape.

6.

"Neighborhood garden" is an area of land, one acre or less, managed and maintained by an individual or group of individuals to grow and harvest food and horticultural products for personal or group consumption, for sale or donation. A neighborhood garden may be divided into separate garden plots for cultivation by one or more individuals or may be farmed collectively by members of the group. Sale and donation of food and horticultural products grown in the neighborhood garden may occur on-site. A neighborhood garden may be a principal or accessory use.

7.

"Rooftop garden" means any garden on the roof of a building. Besides the decorative benefit, roof plantings may provide food, temperature control, hydrological benefits, architectural enhancement, habitats or corridors for wildlife, and recreational opportunities.

C.

Permitted Primary Uses. Cultivation of edible vegetables, flowers, herbs, fruits and other plants in the ground, in raised beds, and in greenhouses which may have occasional sales of items at the site. Sale of nonagricultural times is prohibited.

D.

Permitted Accessory Uses.

Only the following accessory uses and structures shall be permitted in both neighborhood gardens and community farms:

a.

Open space associated with and intended for use as garden areas.

b.

Signs limited to identification, information and directional signs, including sponsorship information where the sponsorship information is clearly secondary to other permitted information on any particular sign, in conformance with the regulations of the signage sections.

c.

Benches, bike racks, raised/accessible planting beds, compost bins, picnic tables, seasonal farm stands, fences, garden art, rain barrel systems, and children's play areas.

d.

Buildings, restroom facilities with composting toilets, and planting preparation houses.

e.

Off-street parking and walkways, in conformance with the regulations of Division 4.

f.

Tool sheds and shade pavilions.

2.

Only the following accessory uses shall be permitted on community farms:

a.

Greenhouses, hoophouses, coldframes, and similar structures used to extend the growing season.

b.

Buildings limited to barns, restroom facilities with composting toilets, and planting preparation houses.

c.

Cold storage.

d.

Packing facilities.

e.

Market stands.

E.

Supplemental Regulations. Uses and structures shall be developed and maintained in accordance with the following regulations:

1.

Location. Buildings associated with a community farm or neighborhood garden shall be set back from property lines of a residential district a minimum distance of ten feet.

2.

Height. No building or other structure shall be greater than sixteen feet in height.

3.

Building Coverage. The combined area of all buildings, excluding greenhouses and hoophouses, shall not exceed fifteen percent of the garden site lot areas for community farms and five percent for neighborhood gardens. Buildings and other structures may not exceed twelve feet in height.

4.

Parking and Walkways. Off-street parking shall be permitted only for those garden sites exceeding 15,000 square feet in lot area. Such parking shall be limited in size to fifteen percent of the garden site lot area and must be surfaced in accordance with the parking section of this Land Use Code. Walkways shall be paved in accordance with the Americans with Disabilities Act (ADA).

5.

Signs. Signs shall not exceed four square feet in area per side and shall not exceed six feet in height.

6.

Farm Stands. Farm stands that sell produce grown on site shall be removed from the premises or stored inside a building on the premises during that time of the year when the garden is not open for public use.

7.

Interior Fences. Fences around individual garden plots is permitted but not required. Interior fences shall be open and shall not exceed four feet in height.

8.

Exterior Fences. Fences located on the perimeter of a community farm or neighborhood garden shall not exceed six feet in height, shall be at least fifty percent open if they are taller than four feet, and shall be constructed of wood, chain link, or ornamental (tubular) steel. For any garden that is fifteen thousand square feet in area or greater and is in a location that is subject to design review and approval by the regulating authority, no fence shall be installed without review by the city planning division.

9.

Operating Rules. The garden management shall have an established set of operating rules addressing the governance structure of the garden, hours of operation, maintenance and security requirements and responsibilities; a garden coordinator to perform the coordinating role for the management of the community gardens; and must assign garden plots according to the operating rules established for that garden. The name and contact number/address of the garden coordinator and a copy of the operating rules shall be kept on file with the city planning division.

10.

Hours of Operation. Retail sales and all other public use of the farm shall begin no earlier than seven a.m. and end by seven p.m. every day of the week.

F.

Certain Activities Prohibited.

1.

Use of insecticides made from synthetic chemical materials is forbidden.

2.

Use of synthetic herbicides and weed killers is prohibited.

3.

Composting of animal parts is prohibited.

4.

Production of intoxicating or poisonous plants is forbidden.

5.

Use of chemical rodenticides, except for those that are acceptable under organic regulations.

6.

Water, fertilizer, and other organic materials shall not drain onto adjacent property.

7.

Use of barbed wire is prohibited.

G.

Procurement of Water.

Procurement of water from public supplies should be negotiated between the Sweetwater Authority and the individual or organization conducting agricultural activities on the site.

2.

Use of private sources of water, such as water delivered through a hose from a spigot attached to a participant's house, is permitted.

3.

Use of on-site rainwater (i.e., rain barrels) shall be permitted providing it is not maintained for human consumption.

4.

The use of water for irrigation shall be in conformance with Section 18.44.190 (Water Efficient Landscape Regulations) of this Land Use Code.

H.

Toxic or Flammable Chemicals.

1.

Gasoline used for the operation of lawnmowers or other combustion engine-driven gardening machinery must be kept in sealed containers in locked, ventilated structures.

2.

No flammable materials or other chemical except the permitted chemicals mentioned above may be used or stored for an urban agriculture land use.

I.

Machinery. Tractors, lawnmowers, and other farm-related machinery may be used and stored a long as they are in good working order and do not create a nuisance as defined elsewhere in the Municipal Code.

J.

Prevention of Growth of Poisonous or Injurious Weeds.

1.

Parties using or otherwise occupying urban agriculture land uses are responsible for preventing the growth of those weeds defined as poisonous or injurious.

2.

Invasive species as defined by the California Native Plant Society and San Diego County American Society of Landscape Architects are not permitted and shall be promptly removed from the site.

K.

Handling and Preparation of Food for Sale. Refer to county health department for rules regarding food and food establishments. These rules are to apply where parties involved in agriculture activities seek to sell food on-site.

L.

Soil Dangers and Toxicity.

1.

Prior to implementing neighborhood gardens and community farms and before any food products may be grown in topsoil, such soil should be tested for contaminants that would render it unsuitable for cultivation, including, but not limited to: lead and other toxic heavy metals; industrial solvents; gasoline; perclorethylene; and other chemicals that can be transmitted to people via soil contact or consumption of foods grown in such soil.

2.

Area of dry, loose soil that may be moved by wind should be covered by mulch or plastic or otherwise confined.

M.

Rooftop Gardens. For multi-unit residential buildings and residential care facilities, rooftop gardens are highly encouraged. Rooftop gardens are also permitted on nonresidential buildings. Rooftop gardens can be grown in containers or as a "green roof system." A rooftop must be structurally capable of supporting the additional weight of a rooftop garden and the people who use them. Rooftop gardens should:

1.

Be accessible to all residents of a residential building.

2.

Have access to water.

3.

Be provided with a storage area for equipment, material, and gardening tools.

4.

Have a minimum safety enclosure of forty-two inches in height.

5.

Be provided with shade if used by the elderly.

Be provided with a composting bin or bins.

(Ord. No. 2024-2529, 4-2-2024)

A.

Restriction on Types of Animals Served. Veterinary clinics shall be limited to serving only those kinds of small, domesticated animals or household pets commonly maintained in residence with man.

B.

Conditional Use Permit Required. Veterinary hospitals or clinics shall be subject to the issuance of a conditional use permit. In addition to complying with the provisions of a conditional use permit, such uses shall:

1.

Be located no closer than one hundred feet to any residential zone, or to any restaurant, hotel or motel;

2.

Show that adequate measures and controls have been taken to prevent offensive noise and odor;

3.

Not allow the incineration of refuse or animal carcasses on the premises;

4.

Not be operated as a kennel.

(Ord. No. 2024-2529, 4-2-2024)

18.30.260 - Neighborhood corner stores.

A.

Purpose. The neighborhood corner store is established largely to serve adjacent residential neighborhoods. The corner store allows for a small convenience store.

B.

Applicability.

1.

Neighborhood corner stores are permitted in all residential zones, but limited to the following corner sites:

a.

Intersections of an arterial streets with an arterial street;

b.

Intersections of an arterial street with a collector street;

c.

Intersections of a collector street with a collector street.

2.

The Circulation Element of the General Plan identifies the locations of all arterial and collector streets.

C.

Definition. A small retail business (three thousand square feet maximum) located in a residential area established for the sale of convenience goods limited to food, groceries, non-alcoholic beverages, toiletries, cleaning products, magazines and newspapers, indoor vending/ATM machines, lottery tickets, over-the-counter medication, and any other products determined by the city to be of the same general character as those listed here. The space devoted to the sale of non-food items shall be limited to ten percent of the gross floor area. Corner stores are strongly encouraged to provide fresh produce. Outdoor vending machines are not permitted. A corner store may include a single residential unit. A corner store may be accessory to a residential unit.

D.

Permitted Locations. Neighborhood corner stores are permitted in residential zones at intersections of collector and/or arterial streets with a Minor Use Permit.

E.

Setbacks.

1.

Front and corner side setback. Buildings shall be located between zero feet and ten feet from the front and/or corner side property line.

2.

Side/rear setbacks. A corner store shall meet the minimum standards for setbacks of the residential zoning district that it is located.

F.

Parking. Parking is allowed in rear yards but may be permitted in side yards by conditional use. Use of on street parking to meet the parking requirements of corner stores is permitted; however, the number of on street parking spaces used to meet the parking requirements may not extend further than twenty feet beyond the edge of the corner store parcel.

G.

Architectural Standards.

1.

Building Footprint. The building footprint for any individual nonresidential building shall not exceed three thousand square feet. The maximum length of building frontage is seventy-five feet.

2.

Building Character. New buildings and renovations to existing buildings shall be harmonious with the character of nearby residential neighborhoods.

3.

Drive-through Facilities. Drive through facilities are not permitted.

4.

Outdoor Uses. Outdoor uses such as seating and display of fresh produce and flowers may be established consistent with Section 18.30.150 (Outdoor Display of Merchandise). Outdoor display of produce and flowers is limited to a maximum length of fifteen percent of the front facing building facade or fifteen percent if the facade facing a parking lot. Produce and flowers shall not obstruct the flow of pedestrian traffic.

H.

Performance Standards.

1.

Lighting. Lighting for the neighborhood corner store shall be appropriately shielded to not negatively impact the residential neighborhood.

2.

Hours of Operation. Neighborhood corner stores are only permitted to operate between the hours of seven a.m. to ten p.m. A neighborhood corner store shall be allowed to operate so that neighboring residents are not exposed to offensive noise, especially from traffic, routine deliveries or late night activity.

3.

Noise. All neighborhood corner stores shall comply with the noise standards contained in Title 12. No amplified sound including music shall be audible to neighboring residents.

4.

Sale of Beer, Wine, and Alcohol Prohibited. Neighborhood corner stores are not permitted to sell beer, wine, or other alcohol. Neighborhood corner stores shall not be permitted to apply for a conditional use permit to sell beer, wine, or other alcohol.

(Ord. No. 2024-2529, 4-2-2024)

A.

Construction or Expansion. Any proposal for the construction or expansion of a motel in any zone shall comply with the following standards:

1.

All motels shall have a manager's apartment.

2.

Kitchen or kitchenette facilities are prohibited in all but the resident manager's unit.

3.

All motels shall be located on lots that are at least twenty thousand square feet in size and the minimum number of units provided shall be twenty.

4.

Motel rooms shall be at least three hundred square feet in size including the bathroom.

5.

A swimming pool at least five hundred twenty-five square feet in size shall be provided on all sites.

6.

On-site parking shall be provided in accordance with Division 4.

7.

Landscaped areas shall be provided per Division 4.

(Ord. No. 2024-2529, 4-2-2024)

Markets that sell fresh or frozen seafood that are less than twenty-five thousand square feet in area shall be located a minimum distance of three hundred feet from any residentially zoned properties. A conditional use permit shall be required for all markets that sell fresh or frozen seafood. This section shall not apply to manufacturers' of prepackaged frozen products.

(Ord. No. 2024-2529, 4-2-2024)

A.

Conditions for Operating a Bed and Breakfast Inn.

1.

Permitted in any residence listed on the city's list of historic properties subject to the issuance of a conditional use permit.

2.

Operated as an accessory use to the owner's residential use. The bed and breakfast inn shall be operated by the owner of the property only.

3.

Check-in/check-out time shall be between nine a.m. and eight p.m. only.

4.

Breakfast shall be the only meal served to guests.

5.

No long-term rental of rooms shall be permitted. The maximum stay for guests shall be seven days.

6.

No cooking facilities shall be allowed in the guest rooms.

7.

If the use at any time becomes unduly intrusive to the neighborhood, the permit may be revoked at the discretion of the planning commission. The decision of the planning commission shall be final.

8.

The historic character of the structure shall be maintained.

9.

Bed and breakfast inns shall comply with all applicable adopted city fire and building codes.

10.

The number of rooms permitted in the bed and breakfast inn shall be specified in the conditional use permit.

B.

Design Requirements. The following design requirements shall apply to all bed and breakfast inns:

Parking shall be provided at a ratio of one off-street parking space for each guest room plus two spaces for the owner's unit. In addition, one space shall be provided for each employee of the shift of maximum employment.

2.

One sign shall be permitted subject to approval of the planning commission at the time of the conditional use permit consideration. Such sign shall be compatible with the historic character of the structure in design, color and materials. The sign shall not exceed twelve inches wide by sixteen inches long and shall be mounted at a maximum height of four feet. Modification of the sign, at a later time, shall be subject to approval of the city manager or his/her designee in accordance with site plan review.

3.

Bed and breakfast inns shall comply with the design regulations for the underlying zone in which the site is located.

4.

Bed and breakfast inns shall be subject to the provisions of site plan review.

C.

Preliminary Departmental Review. Prior to submittal for a conditional use permit to operate a bed and breakfast inn, the applicant may request that the building official, or his/her designee, and the fire marshal, or his/her designee, conduct an inspection of the proposed bed and breakfast inn. After such inspection the applicant will be notified of the findings of the preliminary inspection and given a tentative list of modifications that will be required for the structure as conditions of the conditional use permit. Upon submission of the conditional use permit application and review by the departments, the above list may be added to or deleted from. The planning commission shall consider the findings of the director of building and safety and the fire chief when considering the conditional use permit.

(Ord. No. 2024-2529, 4-2-2024)

Solar collectors are permitted outright as an accessory use to any principal use subject to the following standards: Solar collectors are not considered as "reflective roofing materials" and there is no limit to the specific percentage of roof coverage.

A.

Allowed Height of Solar Energy Systems.

1.

Single-family: Except within the coastal zone, photovoltaic solar energy systems may extend up to five feet above the height limit in the zoning district. Solar water or swimming pool heating systems may extend up to seven feet above the height limit in the zoning district;

2.

All Other Properties: Except within the coastal zone, photovoltaic solar energy systems may extend up to five feet above the roof surface on which they are installed, even if this exceeds the maximum height limit in the district in which it is located. Solar water or swimming pool heating systems may extend up to seven feet above the roof surface on which they are installed even if this exceeds the maximum height limit in the district in which it is located.

B.

Side and Rear Yard Setbacks.

1.

Excluding solar collector panels, solar energy system equipment may be installed within the required side and rear yard but shall not be closer than three feet to any property line.

C.

Visibility of Solar Energy Systems.

1.

Excluding solar collector panels, their necessary support structure, and conduit, solar energy systems shall not be visible from the public right-of-way adjacent to the front property line.

2.

Solar collector panels, their necessary support structure, and conduit, shall be installed in the location that is the least visible from abutting streets directly facing the subject property so long as installation in that location does not significantly decrease the energy performance or significantly increase the cost of the solar energy system as compared to a more visible location.

3.

Solar collector panels, not located on the rooftop of a primary structure, garage, or accessory structure on lots adjacent to RS-1 and RS-2 zones shall be limited to a maximum height of six feet. Solar collector panels located in all other zones shall comply with the maximum height permitted for an accessory structure in said zone.

D.

Solar Collectors on Historic Properties.

1.

Add solar panels on roof surface or roof surfaces not visible from a public street or park. However, solar shingles may be added to a roof surface visible from a public way if low or non-reflective shingles are used.

2.

Place solar panels or other solar devices on a non-character-defining roofline of a non-primary elevation (not readily visible from public streets). Run solar panels and devices parallel to the original roofline.

3.

Set solar panels and solar devices back from the edge of a flat roof to minimize visibility. Panels and devices may be set at a pitch and elevated, if not highly visible from public streets.

4.

Select solar panels, solar devices, mechanical equipment and mounting structures with non-reflective finishes such as an anodized finish.

5.

Where permitted, paint mechanical equipment attached to the building fascia the same color as the fascia in order to blend into the building.

6.

Locate detached arrays of solar panels and solar devices at a historic site in the rear or side yard if the arrays are not highly visible from the public streets or public parks and do not detract from other major character defining aspects of the site. The location of detached solar arrays should also consider visibility from adjacent properties, which shall be reduced to the extent possible while still maintaining solar access.

7.

Use solar devices in non-historic windows, walls, siding or shutters that do not face public streets.

8.

Use solar panels and solar devices that are similar in color to roof materials, if available.

(Ord. No. 2024-2529, 4-2-2024)

18.30.310 - Tattoo parlors and body-piercing establishments.

A.

Restrictions.

1.

No tattoo or body piercing establishment shall be located within one-mile of another such establishment.

2.

Tattoo parlors and body-piercing establishments shall be located no less than 1,000 feet from a church, school, or playground.

Tattoo parlors and body-piercing establishments shall be no closer than two hundred fifty feet from a residential zone.

4.

No tattoo and body-piercing establishments shall be located east of Interstate 805 except within the MXD2 zone.

5.

A Conditional Use Permit is required.

(Ord. No. 2024-2529, 4-2-2024; Ord. No. 2026-2559, § 5, 1-20-2026)

18.30.320 - Pawn shops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals.

A.

Restrictions.

1.

No pawn shops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals shall be located within two thousand feet of another such business. This shall not apply to shopping centers of fifty thousand square feet or more.

2.

Pawn shops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals shall be no closer than two hundred fifty feet from residential zones.

3.

No pawn shop or businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals shall be located east of Interstate 805. This shall not apply to shopping centers of fifty thousand square feet or more.

4.

A police permit is required, the processing of which shall comply with Business and Professions Code Section 21641. The chief of police shall charge a nonrefundable fee(s) or the required renewal fee(s) to cover the costs of processing the police permit and actual costs incurred to process the application and to collect and transmit the fee charged by the department of justice.

5.

A pawn shop or businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals that provides payday lending is not exempt from the regulations of payday lenders.

No more than six pawn shops shall be allowed within National City.

7.

All pawnbrokers and secondhand dealers shall require, at minimum, a secondhand dealer license and shall abide by state-mandated reporting requirements for secondhand tangible personal property as required in the Business and Professions Code.

a.

These requirements shall also be required of retail businesses that offer trade-ins or credit for secondhand tangible personal property.

(Ord. No. 2024-2529, 4-2-2024)

18.30.330 - Payday lenders.

A.

Restrictions.

1.

No more than twelve payday lending establishments shall be allowed within National City.

2.

Payday lenders shall be located within shopping centers of fifty thousand square feet or more and within a multi-tenant building.

3.

A conditional use permit is required.

4.

A pawn shop which provides payday lending is not exempt from these regulations.

(Ord. No. 2024-2529, 4-2-2024)

18.30.340 - Medical Marijuana dispensaries.

A.

Prohibition.

1.

Commercial Marijuana activity is prohibited except as provided for in Chapter 9.60 of the National City Municipal Code.

B.

Definitions.

1.

"Commercial marijuana activity" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery, or sale of marijuana and marijuana products.

2.

For purposes of this section, "marijuana" shall have the same meaning as the definition of that word in Section 11018 of the California Health and Safety Code.

(Ord. No. 2024-2529, 4-2-2024; Ord. No. 2026-2559, § 6, 1-20-2026)

Editor's note— Ord. No. 2026-2559, § 7, adopted January 20, 2026, repealed § 18.30.345, which pertained to Medical Marijuana Cultivation and derived from Ord. No. 2024-2529, § 4, adopted April 2, 2024.

18.30.350 - Auto Body uses.

A.

General Operation and Maintenance.

1.

A separate business license shall be required of all autobody businesses operating within the city.

2.

An integrated maintenance and operational plan (IMOP) shall be required of all new autobody businesses. The IMOP shall be maintained on site and provided upon request. The plan shall be in addition to, and complementary with, California's required injury and illness program (IIP).

3.

All autobody activities shall be conducted entirely within a building. All sanding, mixing and other prepainting activities, as well as painting activities, are prohibited to be performed outside of a building,

B.

Air Pollution.

1.

Separate spray booths and mixing rooms shall be required. Paint spray booths shall include appropriate ventilation and filtration systems, as well as exhaust filters and/or overspray arrestors.

2.

Low-volatile organic compound (VOC)-content paints shall be utilized for all painting processes (e.g., pretreatment coating, primer, paint).

3.

All relevant federal, state and/or local air quality authority permits shall be required for new and renewing businesses. All such permits shall be kept current and copies provided with the application for or annual renewal of a city business license.

4.

Emissions shall be at least ninety-eight percent efficient in accordance with the National Emission Standards for Hazardous Air Pollutants (NESHAP), Subpart HHHHHH, or current standard in place at the time of application.

C.

Hazardous Materials.

1.

Where possible, hazardous materials, such as used oil, used oil filters, antifreeze, solvents and other materials, shall be recycled. During storage prior to recycling, all waste fluids shall be stored in separate containers.

2.

All flammable or combustible materials shall be stored a minimum of fifty feet from the front property line. All such storage shall comply with the adopted Uniform Fire Code.

3.

Prep stations or work areas which allow sanding, mixing and other pre-painting activities shall be separated from open work areas. All such prep stations shall be located within separate and properly ventilated areas of the facility where hazardous materials can be controlled.

4.

Where practical, floor drains shall not be installed in spray booth areas. If floor drains are necessary, a control system shall be installed that captures and contains waste streams.

5.

Floor drains cannot connect to stormwater or sanitary sewer systems near any spray booth areas, hazardous material storage areas (e.g., mixing rooms), or hazardous waste storage areas.

6.

All new autobody facilities shall use reusable cloth rags and towels. Rags and towels for disposal shall be stored in a marked container and disposed of at an approved facility.

7.

All waste streams, including paints, solvents and automobile fluids, shall be separated and clearly labeled. All containers shall remain closed except when adding or removing waste.

D.

Parking and Site Layout.

1.

Parking for auto body uses shall be provided at a ratio of one parking space per five hundred square feet of gross floor area. All such parking area shall be located at the rear of the property.

2.

Separate ingress and egress shall be provided for new auto body uses. Driveways shall be designed so that vehicles exiting the property may do so in a forward direction.

3.

Auto body uses shall be located a minimum of five hundred feet from schools or residential properties, as measured from property line to property line.

4.

Vehicle access doors (e.g., bay doors, garage doors, roll-up doors) shall be located at the rear of the property. In the case of a corner lot or non-vehicular right-of-way, other methods of screening may be used.

5.

Queuing in front of vehicle entry doors shall be provided for no more than four cars. Vehicles in the queue shall not block traffic flow on the property. The queuing area shall be a minimum of twenty-four feet wide and a maximum of one hundred four feet long.

6.

All vehicle loading and unloading areas shall be located behind the building.

E.

Noise.

1.

All repair activities shall be in accordance with Title 12 (Noise Control) of the National City Municipal Code.

F.

Vehicle Storage.

1.

All new auto body uses shall provide a minimum of five hundred square feet and a maximum of two thousand square feet of vehicle storage area.

2.

Vehicle storage time shall not exceed thirty days. Vehicles awaiting repair shall be stored in a designated storage area and shall not be stored in parking or other open areas.

3.

No vehicles shall be stored on adjacent streets or within the public right-of-way.

G.

Security and Fencing.

1.

All vehicle storage areas shall be screened from adjacent properties.

2.

Fencing or screening shall be solid and decorative in nature and shall be a minimum of six feet high and a maximum of eight feet high.

H.

Pollution Prevention.

1.

No hazardous materials shall be released into any groundwater system. Waste disposal systems including, but not limited to, discharge pits, dry wells, cesspools, septic system drain fields or shallow injection wells are prohibited.

2.

Floor drains shall connect to a holding area or separator to collect waste, which shall be disposed of separately.

3.

A storm water pollution prevention plan (SWPPP) shall be required for all new autobody businesses. The SWPPP shall be consistent with Chapter 14.22 of the National City Municipal Code and shall be available at any time for review by city inspectors.

(Ord. No. 2024-2529, 4-2-2024)

18.30.360 - Fast food eating places.

A.

Additional Notice Required. In addition to notices required pursuant to Section 18.12.050, written notice for a public hearing on a conditional use permit for a fast food eating place shall be provided to occupants of property within a radius of three hundred feet of the exterior boundaries of the property where the fast food eating place will be located.

B.

Fast food eating places shall be located a minimum of three hundred feet from any residential zoned properties, except for those located within the MXC 2 or MXD 2 zone.

(Ord. No. 2024-2529, 4-2-2024)

Massage establishments may be located in any zone where medical offices are permitted in accordance with Chapters 10.70 and 10.79.

(Ord. No. 2024-2529, 4-2-2024)

A.

Purpose. The purpose of this section is to provide for the construction of Accessory Dwelling Units (ADUs) in areas zoned to allow residential uses pursuant to Government Code Section 65852.2. ADUs help advance the goals and policies of the city's housing element by:

1.

Providing an affordable type of home to construct without the cost of acquiring new land, dedicated parking, and costly infrastructure;

2.

Accommodating new housing units while preserving the character of existing neighborhoods;

3.

Allowing efficient use of the city's existing housing stock and infrastructure;

4.

Providing housing options and choices that respond to varying income levels, changing household sizes and lifestyle needs; and,

Providing a means for residents—particularly seniors, single parents, young singles, and younger couples— to remain in their homes and neighborhoods, and obtain and preserve income, security, companionship, and assistance.

B.

Consistency with state law. This section is intended to be consistent with Government Code Section 65852.2. If inconsistency is found with this section and state law, state law shall prevail.

C.

Definitions. For the purposes of this section Accessory Dwelling Unit (ADU) is defined in Section 18.50.010.

D.

ADUs permitted.

1.

One ADU is permitted on a lot if all the following are met:

a.

The lot includes a proposed or existing dwelling.

b.

The lot is in a zone that allows for a residential use as indicated in Table 18.20.020.

c.

The proposed ADU is located where the city manager or his/her designee has not determined that public utilities or services are inadequate or the ADU will adversely impact traffic flow or public safety.

d.

The ADU meets the standards of Subsection F.

2.

Two detached ADUs are permitted on a lot with a multi-family residential use if all the following are met:

a.

The lot includes an existing multi-family residential dwelling.

b.

Each ADU does not exceed a total floor area of one thousand two hundred square feet and sixteen feet in height.

Multiple ADUs are permitted within the portions of existing multi-family residential structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

a.

At least one ADU is permitted within an existing multi-family residential structures and up to twenty-five percent of the existing number of multi-family dwelling units is allowed.

E.

Review. The approval of an ADU is subject to a ministerial decision process outlined in Section 18.12.030. For the purposes of this subsection, a staff person designated by the city manager shall review and act on a building permit application for an ADU within sixty days after a complete application is received. An ADU proposed with a permit application for a new primary dwelling shall not be approved until the primary dwelling receives approval. An applicant may request a variance subject to Section 18.12.120 in conjunction with an application for an ADU.

F.

ADU Development Standards.

1.

Density. ADUs are consistent with the allowable density for the lot upon which the ADU is located and the ADU is a residential use that is consistent with existing General Plan and zoning designations for the lot.

2.

Location. An ADU may be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing dwelling. An ADU may be attached to, located within, or detached from an existing or proposed primary dwelling unit, including garages and habitable or non-habitable accessory structures.

3.

Parking. No additional parking is required for an ADU. If an ADU is constructed within existing garage or covered parking, then no replacement parking spaces may be required.

4.

Height. The maximum height of an ADU is as follows:

a.

On a property with a single-family residential primary dwelling, the height of the ADU, attached or detached, shall not exceed the height of the primary dwelling or sixteen feet, whichever is greater. For an ADU constructed above a garage or on a lot smaller than five thousand square feet, the height shall not exceed twenty-five feet.

b.

On a property with a multi-family residential structure, the height of a detached ADU shall not exceed sixteen feet.

5.

Setbacks.

a.

For all ADUs, the front setback shall be a minimum of fifteen feet.

b.

For all ADUs, the exterior and interior side yard setback shall be a minimum of four feet and the rear yard setback shall be a minimum of four feet.

c.

No setback shall be required for an existing living area or permitted accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.

6.

Landscaping.

a.

One twenty-four inch box tree shall be planted within the required fifteen foot front yard setback for ADUs or in the abutting parkway. Existing trees that are at least fifteen feet high and fifteen feet in width may be used to satisfy this requirement.

7.

Building Design Standards. ADUs shall conform to adopted single-family infill standards in Section 18.42.070.C.

8.

Size of unit.

a.

The minimum size of an ADU is a total floor area of one hundred and fifty square feet.

b.

The total floor area of an ADU attached to a primary dwelling unit shall not exceed fifty percent of the total floor area of the existing primary dwelling or one thousand and two hundred square feet, whichever is greater, save and except (d) below.

c.

The total floor area of a detached ADU shall not exceed one thousand and two hundred square feet save and except (d) below.

d.

An ADU constructed within the footprint of an existing dwelling or a detached structure shall not be subject to a maximum square footage of total floor area.

e.

As provided in state law, an attached or detached ADU with a maximum size of eight hundred and fifty square feet or one thousand square feet with more than one bedroom shall be permitted in any circumstance subject to a maximum height of sixteen feet, four foot side and rear setbacks, and compliance with all building codes.

9.

A minimum lot size shall not be required for an ADU under this chapter.

10.

No passageway shall be required for an ADU under this chapter.

11.

ADUs are only required to provide fire sprinklers if they are required for the primary residence.

G.

Limitations and other requirements.

1.

An ADU shall not be sold or otherwise conveyed separate from the primary residence.

2.

An ADU may serve as a rental unit or be occupied by family members, guests, or in-home health care providers and others at no cost.

3.

Neither the ADU nor the primary dwelling unit shall be rented for a term of less than thirty-one days. ADUs on multi-family properties shall be subject to this provision, except the restriction shall not apply to existing multi-family units.

4.

Owner occupancy of the primary unit or ADU is not required.

5.

Trash and recycling. Receptacles are required and shall conform to the requirements of Section 7.10.040 of the Code of Ordinances.

6.

Prohibited units. No structure of a temporary nature shall be used as a residence or ADU, neither temporarily nor permanently. Refer to Section 18.20.030.A.

7.

Fees. An ADU with less than seven hundred and fifty square feet is exempt from any impact fees imposed by the city. For ADUs seven hundred and fifty square feet or more, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit.

8.

Before a building permit may be issued for an ADU, the record owner shall enter into an agreement with the City in a form that is approved by the City Attorney. The agreement shall include the following provisions: the ADU may not be sold or conveyed separately from the primary dwelling unit; the agreement may be enforced against future purchasers; and the ADU may not be rented for a period of less than thirty-one days. The City shall submit the agreement to the County Recorder for recordation. The agreement shall run with the land for life of the ADU.

H.

Nonconforming zoning conditions. The correction of existing nonconforming uses, structures, or parcels pursuant to Chapter 18.11 shall not be required as a condition of approval for an ADU.

(Ord. No. 2024-2529, 4-2-2024)

18.30.390 - Junior Accessory Dwelling Units.

A.

Purpose. The purpose of this section is to provide for the construction of Junior Accessory Dwelling Units (JADUs) in areas zoned to allow residential uses pursuant to Government Code Section 65852.22. JADUs help advance the goals and policies of the city's housing element by:

1.

Providing an affordable type of home to construct without the cost of acquiring new land, dedicated parking, and costly infrastructure;

Accommodating new housing units while preserving the character of existing neighborhoods;

3.

Allowing efficient use of the city's existing housing stock and infrastructure;

4.

Providing housing options and choices that respond to varying income levels, changing household sizes and lifestyle needs; and,

5.

Providing a means for residents—particularly seniors, single parents, young singles, and younger couples— to remain in their homes and neighborhoods, and obtain and preserve income, security, companionship, and assistance.

B.

Consistency with state law. This section is intended to be consistent with Government Code Section 65852.22. If inconsistency is found with this section and state law, state law shall prevail.

C.

Definitions. For the purposes of this section junior accessory dwelling unit (JADU) is defined in Section 18.50.010.

D.

JADUs permitted.

1.

One JADU is permitted on a lot if the following are met:

a.

The lot includes a proposed or existing single-family dwelling.

b.

The lot is in a zone that allows for a residential use as indicated in Table 18.20.020.

c.

The JADU meets the standards of Subsection F.

d.

The proposed JADU is located where the city manager or his/her designee has not determined that public utilities or services are inadequate or the JADU will adversely impact traffic flow or public safety.

E.

Review. The approval of a JADU is subject to a ministerial decision process outlined in Section 18.12.030. For the purposes of this subsection, a staff person designated by the city manager shall review and act on a building permit application for a JADU within sixty days after a complete application is received. A JADU proposed with a permit application for a new primary dwelling shall not be approved until the primary dwelling receives approval.

F.

Development standards.

1.

A JADU may have a total floor area of not less than one hundred and fifty square feet and not more than five hundred square feet, and is permitted within an existing or proposed single-family residential dwelling unit. A JADU constructed within an existing structure may construct an additional one hundred and fifty square feet for ingress and egress only.

2.

A JADU shall have a separate exterior entry from the primary dwelling unit and shall provide a kitchen or an efficiency kitchen.

3.

Parking. No replacement parking spaces are required when a JADU is created within an existing attached garage.

G.

Limitations and other requirements.

1.

The owner must occupy the single-family residence in which the JADU will be permitted. The owner may reside in either the remaining portion of the structure or the newly created JADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

2.

Before a building permit may be issued for a JADU, the record owner shall enter into an agreement with the City in a form that is approved by the City Attorney. The agreement shall include the following provisions: the JADU may not be sold or conveyed separately from the primary dwelling unit; the agreement may be enforced against future purchasers: the JADU shall not be rented for a period of less than thirty-one days; and the record owner shall reside on the premises. The City shall submit the agreement to the County Recorder for recordation. The agreement shall run with the land for life of the JADU.

(Ord. No. 2024-2529, 4-2-2024)

18.30.400 - Low barrier navigation centers.

A.

Purpose. This section establishes standards for the development and operation of low barrier navigation centers where permitted by right as set forth in Division 2.

B.

Permitted Use. Low barrier navigation centers shall be a permitted and developed consistent with Government Code Sections 65660, 65662, 65664, and 65666, as amended.

(Ord. No. 2024-2529, 4-2-2024)

A.

Purpose. This section establishes standards for the development and operation of transitional/supportive housing where permitted by right as set forth in Division 2.

B.

Permitted Use. Transitional/supportive housing shall be a permitted and developed consistent with Government Code Sections 65582, 65583, and 65650 - 65656, as amended.

(Ord. No. 2024-2529, 4-2-2024)

DIVISION 4. - GENERAL DESIGN AND DEVELOPMENT REGULATIONS Chapter 18.40 - GENERAL STANDARDS

This chapter expands upon the standards of Division 2 by addressing details of site planning, building design, landscaping, parking and loading, outdoor lighting, and signs and outdoor advertising displays. These standards are intended to ensure that all development produces an environment of stable and desirable character, is compatible with existing and future development, and protects the use and enjoyment of neighboring properties, consistent with the General Plan.

(Ord. No. 2024-2529, 4-2-2024)

The requirements of this chapter shall apply to existing and new development and land uses and shall be considered in combination with the standards for the applicable zone in Division 2 and Specific Use Regulations in Division 3. If there is conflict, the standards in Division 3 shall control.

(Ord. No. 2024-2529, 4-2-2024)

18.40.030 - Performance standards for all development and land uses.

A.

Purpose. This section provides performance standards that are designed to minimize various potential operational impacts of land uses and development within the city and promote compatibility with adjoining areas and land uses.

B.

Applicability. The provisions of this section apply to all new and existing land uses, in all zones, unless an exemption is specifically provided.

C.

Noise. No use shall be established nor any activity conducted which violates the standards of the Noise Control Ordinance—Title 12 of the Municipal Code.

D.

Air Emissions. Other than as permitted by the County of San Diego Air Pollution Control District, no visible dust, gasses, or smoke shall be emitted.

E.

Combustibles and Explosives. The use, handling, storage, and transportation of combustibles and explosives shall comply with the Uniform Fire Code and California Code of Regulations Title 19.

F.

Dust. Activities that may generate dust emissions (e.g., construction, grading, commercial gardening, and similar operations) shall be conducted to limit the emissions beyond the site boundary to the maximum extent feasible. Appropriate methods of dust management shall include the following, subject to approval by the building division.

1.

Water all active construction areas twice per day and use erosion control measures to prevent water runoff containing silt and debris from entering the streets and storm drain system;

2.

Cover trucks hauling soil, sand, and other loose material;

3.

Pave, water, or apply non-toxic soil stabilizers on unpaved access roads and parking areas;

4.

Sweep and collect (i.e., vacuum) paved access roads and parking areas daily; and

Sweep and collect (i.e., vacuum) streets daily if visible material is carried onto adjacent public streets.

6.

Hydroseed or apply non-toxic soil stabilizers to inactive construction areas;

7.

Enclose, cover, water, or apply non-toxic soil binders to open materials stockpiles;

8.

Limit traffic speeds on unpaved roads to fifteen mph;

9.

Install sandbags or other erosion control measures to prevent silt runoff to public roadways;

10.

Replant vegetation in disturbed areas within ten days after project completion;

11.

Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site;

12.

Install wind breaks, or plant trees/vegetation at windward sides of construction areas, or avoid removing existing vegetation which acts as a windbreak;

13.

Suspend excavation and grading activity when winds (instantaneous gusts) exceed twenty mph or dust clouds cannot be prevented from extending beyond the site; and

14.

Limit area subject to excavation, grading, and other construction activities at any one time.

15.

Limit access to the construction sites, so tracking of mud or dirt on to public roadways can be prevented.

16.

Projects that have significant construction period exhaust emissions shall reduce fleet average emission rates. Developers or contractors shall provide a plan for approval by the city or SDAPCD demonstrating that the heavy-duty (< fifty horsepower) off-road vehicles to be used in the construction project for more

than an accumulated forty hours, including owned, leased and subcontractor vehicles, will achieve emission standards similar to in-use equipment that meets CARB certified Tier II standards.

G.

Ground Vibration. No ground vibration shall be generated that is perceptible without instruments by a reasonable person at the property lines of the site, except for vibrations from temporary construction or demolition activities, and motor vehicle operations.

H.

Light and Glare.

1.

Outdoor lighting shall comply with the requirements of Chapter 18.46 (Outdoor Lighting).

2.

Any operation or activity producing glare shall be conducted or shielded so as not to cause illumination in residential zones in excess of five-tenths footcandles. Flickering or intrinsically bright sources of illumination shall be controlled so as not to be a nuisance in residential zones.

3.

Illumination levels shall be measured with a photoelectric photometer having a spectral response similar to that of the human eye, following the standard spectral luminous efficiency curve adopted by the Illuminating Engineering Society of North America (IESNA).

I.

Liquid Waste. No liquid shall be discharged into a public or private body of water, sewage system, watercourse, or into the ground, except in compliance with applicable regulations of the Regional Water Quality Control Board.

J.

Odor.

1.

No obnoxious odor or fumes shall be emitted that are perceptible without instruments by a reasonable person at the property line of the site. For mixed-use buildings, commercial uses that emit odors, such as restaurants and nail salons, shall be properly ventilated to as not to impact adjoining residential uses.

2.

No use shall be established nor any activity conducted which violates the standards of the Odor Control Ordinance—Title 7.08—Environmental Conditions of the Municipal Code.

K.

Radioactivity, Electrical Disturbance or Electromagnetic Interference. None of the following shall be emitted:

1.

Radioactivity, in a manner that does not comply with all applicable State and Federal regulations; or

2.

Electrical disturbance or electromagnetic interference that interferes with normal radio or television reception or with the function of other electronic equipment beyond the property line of the site; or that does not comply with all applicable Federal Communications Commission (FCC) and other applicable state and federal regulations.

(Ord. No. 2024-2529, 4-2-2024)

Chapter 18.41 - SITE PLANNING STANDARDS

The purpose of this chapter is to provide guidance and standards for site planning for nonresidential and multi-unit residential development in order to enhance safety, convenience and attractiveness for walking, transit use and bicycling; provide safe access to businesses and minimize pedestrian conflicts; and foster an attractive, quality environment to foster community pride and attract desired development and uses.

(Ord. No. 2024-2529, 4-2-2024)

These standards apply to those areas in the city that will be developed as commercial use without a residential component (mixed-use) or areas where only a commercial use is permitted. This section considers two basic types of development: freestanding buildings and multi-tenant strip developments including mini-malls.

A.

Shopping Center Development.

1.

When shopping centers are set back from the street with parking in front, thirty percent of the street frontage shall be lined with buildings.

2.

Parking lots for shopping centers should provide vehicular connections to adjacent commercial projects.

3.

Pedestrian walkways for shopping centers should provide pedestrian connections to adjacent uses.

Access drives for commercial centers should be located at least two hundred feet apart and at least one hundred feet from any major intersection. Access drives should be located a minimum of ten feet from property lines unless a shared drive is provided.

5.

For neighborhood-serving and convenience retail centers and office and institutional developments, the first row of parking which is perpendicular to an access drive from a street shall be set back at least forty feet from the sidewalk to provide adequate queuing distance from the street and for pedestrian safety. Larger community or regional retail centers may require significantly more setback area as determined by the engineering division.

B.

Freestanding or "Pad" Buildings.

1.

Except for drive-through/drive-in establishments, parking for freestanding retail or "pad" buildings fronting a public street shall be located a maximum of twenty feet from the property line. Freestanding buildings adjacent to a public street are discouraged from being separated from the sidewalk with parking.

2.

The building entry shall be accentuated with architectural details and landscaping.

3.

Freestanding restaurants may provide outdoor seating at the building entry.

C.

Drive-Through Businesses.

1.

Minimum vehicular queuing distance shall be established through the conditional use permit process.

2.

Drive through business aisles shall have a minimum interior turning radius of twenty-five feet for any curves. A smaller radius may be established through the conditional use permit process with the approval of the city engineer.

3.

A drive-through window or lane shall not be placed between the right-of-way or internal drive and the associated building unless a ten-foot wide landscape strip extending the entire length of the drive-through queuing is installed and maintained with a minimum three-foot height continuous hedge and ornamental trees spaced a minimum of twenty feet on center.

D.

Industrial Site Planning Standards. Planning standards for industrial buildings and business parks include the following:

1.

Services areas shall be located at the sides or rear of buildings. Service areas located at the exterior side of buildings shall be screened from view by a combination of screen walls, landscaping, and/or portions of the building.

2.

Loading areas must be designed so that trucks will not need to back in from the public street onto the site.

3.

Parking for visitors shall be convenient to the main entrance.

4.

Emphasis shall be placed on the building entry.

5.

Buildings should be oriented so as to provide space for plazas and courtyards.

6.

Outdoor storage and equipment shall be screened from public rights-of-way.

E.

Pedestrian Walkways.

1.

A pedestrian walkway within a retail center, office, industrial or institutional development shall be a minimum of five feet wide. Pedestrian walkways immediately adjacent to and perpendicular to parking stalls shall be a minimum of six feet wide.

2.

Materials for pedestrian walkways may include concrete, concrete pavers, brick, stone or combination thereof or materials as approved by the planning division.

3.

A pedestrian walkway shall provide direct pedestrian access from peripheral sidewalks to the sidewalks that front on-site buildings and building entrances.

(Ord. No. 2024-2529, 4-2-2024)

A.

Pedestrian Access.

1.

Unit Entries Adjacent to a Street. Multi-unit projects should be designed with each unit adjacent to a street having its primary pedestrian entrance from the street sidewalk, or as forecourt projects with at least the primary building entrance having access to the street sidewalk. Where individual units have access to the street sidewalk, private "front yard" outdoor space may be differentiated from the public right-of-way by a porch, or small yard (i.e., patio) enclosed by a low wall or fence not to exceed forty-two inches in height.

2.

Pedestrian walkways shall be provided to every unit entry.

3.

Notwithstanding the provisions of Section 4450 et seq., of Chapter 7 of Title 1 of the Municipal Code, containing requirements for facilities necessary to assure access and usability for the physically handicapped, in all multi-unit residential projects the following provisions shall apply:

a.

Safe, convenient, well-drained pedestrian access to dwelling units, parking lots, and service areas, by provision of walks, steps or stepped ramps, so constructed as to assure reasonable durability and economy of maintenance, shall be required.

b.

Pedestrian walkways shall be a minimum of thirty-six inches in width.

c.

Pedestrian walkways shall be graded or ramped to no steeper than a one-to-twelve slope.

(Ord. No. 2024-2529, 4-2-2024)

A.

Purpose. The purpose of this section is to prescribe standards for the development of open space areas provided for the exclusive use of the occupants of a multi-unit residential building.

B.

Standards.

1.

For projects of three units or more, common usable open space shall be required in a minimum amount of three hundred square feet per dwelling unit.

2.

Private usable open space may be substituted for such common usable open space but may not exceed one hundred square feet per unit. Each square foot of private usable open space shall be considered equivalent to two square feet of required common usable open space, and may be so substituted, subject to the minimum requirements for actual common usable open space. All units shall be provided with at least sixty square feet of private usable open space.

3.

Both common and private usable open space provided at ground level may be provided in the interior side yard and rear yard setback areas, within courts, and within exterior side yard setback areas to within five feet of the property line.

4.

Private usable open space provided above the first floor may be located in the front setback area to within twelve feet of the front property line.

5.

A minimum of forty percent of the required common usable open space shall be provided outdoors.

a.

Up to twenty-five percent of required common usable open space shall be allowed to be a use other than recreational or leisure space

6.

Common usable open space areas used for recreational or leisure purposes shall have no dimension less than twenty feet.

7.

Private usable open space areas shall have no dimension less than five feet.

8.

See the Westside Specific Plan for other open space requirements related to the MCR-1 and MCR-2 zones.

(Ord. No. 2024-2529, 4-2-2024)

A.

Purpose. The purpose of this section is to prescribe standards for the development of open space areas provided for the exclusive use of the occupants of a mixed-use building.

B.

Common usable open space shall be provided in the amount of one hundred square feet per unit. A minimum of forty percent of the required common useable open space should be provided outdoors. Indoor common usable open space providing an amenity approved by the Planning Division for recreational or leisure purposes may be provided in lieu of areas outdoors.

C.

At least seventy-five percent of the units shall have a minimum of sixty square feet of private usable open space. Private usable open spaces shall have no dimension less than five feet.

(Ord. No. 2024-2529, 4-2-2024)

Chapter 18.42 - BUILDING DESIGN STANDARDS

The purpose of standards for building design and materials is to focus efforts on good design in order to create a quality image for the city, making new buildings and building additions compatible with their surroundings, encourage reinvestment, and improve the city's economic vitality.

(Ord. No. 2024-2529, 4-2-2024)

Into setbacks and courts.

A.

Requirements—General. Every required front, side, and rear setback shall be open and unobstructed from the ground to the sky, unless otherwise provided. In addition to permitted accessory buildings and structures, the following structures may be erected or projected into any required setback:

1.

Fences and walls may be erected or projected into any required setback as provided in this section.

2.

Cornices, belt courses, sills, eaves, or other similar architectural features (other than bay windows or vertical projections) may project into a required interior side setback not more than two inches for each one foot of width of such side setback, and may project into any other required setback, passageway or other open space not more than thirty inches, provided the width of an exterior side setback is not reduced to less than three feet.

a.

Bay windows or other vertical projections may be permitted, subject to the limitations stated in Subsection (A)(2), provided that no floor area is added. This may be accomplished through a minimum thirty-six-inch gap between ground level and the lower limit of the projection, or some form of permanent interior physical limitation (cabinetry, counter, etc.). The projection may not be greater than thirty percent of the width of the elevation from which it projects.

3.

Eaves may project into a required interior side setback not more than four inches for each one foot of width of such side setback, provided the width of such side setback is not reduced to less than two and one-half feet. Eaves may also project into any other required setback, passageway or other open space not more than thirty inches, provided the width of an exterior side setback is not reduced to less than two and onehalf feet.

4.

Chimneys may project into a required setback, passageway or other required open space not more than two feet, provided the width of any required side setback is not reduced to less than three feet.

5.

Fire escapes may project into any setback not more than four feet.

6.

Open unenclosed stairways or balconies, not covered by a roof or canopy, may project into a required rear setback not more than four feet, and into a required front setback, exterior side setback side or other required open space not more than thirty inches, provided the width of an exterior side setback is not reduced to less than two and one-half feet.

7.

Open, unenclosed porches, platforms or landing places, including access stairways, not covered by a roof or canopy, which do not extend above the level of the first floor of the building, may project into any required setback passageway or other open space not more than four feet, provided that in no event shall any such porch, platform or landing place be more than four feet above the adjacent natural ground level.

8.

A one-story unenclosed breezeway, not over five feet in width, extending from a main residential building to an accessory parking or other accessory structure, may project into a required rear or exterior side yard setback a distance not to exceed the required setback of the accessory structure.

9.

Awnings or canopies without enclosing walls or screening may be attached to the exterior walls of a residential structure provided that:

a.

Such awnings or canopies do not extend more than four feet into a required front setback and have no vertical support within the setback or space;

b.

Such awnings or canopies do not extend more than thirty inches into a required side setback, rear setback, or other required open space, but in no event nearer than thirty inches to an interior lot line;

c.

Where such awnings or canopies project into a required front or side setback or other required open space, they may extend only over the windows or doors to be protected and for twelve inches on each side thereof.

10.

Entry arbors, either freestanding or as part of a fence as provided for in this section.

11.

Air conditioning units, water heaters and required screens or enclosures.

(Ord. No. 2024-2529, 4-2-2024)

18.42.030 - Accessory structures.

A.

Conditions. Accessory structures and uses may be developed as permitted in this title, provided they are located on the same lot or parcel of land and are incidental to and do not substantially alter the character of the principal permitted use.

B.

Alteration. No accessory structure shall be structurally altered, converted, enlarged or maintained for the purpose of providing a second dwelling units unless such accessory structures are made to conform to all regulations of this title for new structures.

C.

Westside Specific Plan. Accessory structures in the RS-4 zone shall maintain a three-foot setback from the side lot line and the rear lot line and a minimum of six feet between structures but shall not be located in the front yard setback required except as provided by this title.

(Ord. No. 2024-2529, 4-2-2024)

18.42.040 - Screening mechanical equipment and elevator housing.

A.

Standards Applicable to All Zones.

1.

All mechanical equipment located at ground level shall be enclosed within a permanent noncombustible enclosure subject to the approval of the building official, and subject to all yard and setback regulations.

2.

All elevator housing and mechanical equipment located on the roof of any building shall be screened from adjacent views and contained within a completely enclosed penthouse or portion of the same building having walls and roofs with construction and appearance similar to the building served by the equipment and other appurtenances.

3.

All accessory equipment, including air conditioning systems, dryers, exhaust or make up air, and similar systems, shall be completely screened with a parapet wall and shall be colored/painted the same color as the surface on which it is mounted or adjacent to.

(Ord. No. 2024-2529, 4-2-2024)

18.42.050 - Commercial and institutional building design standards.

A.

Applicability. This section provides standards for commercial buildings including retail, service, office, and institutional buildings in any zone where they are permitted.

B.

Commercial Retail Buildings.

1.

Large Format Retail or Anchor Stores.

a.

Ground floor facades that face public streets shall have arcades, pergolas or galleries; display windows, accentuated entries or entry pavilions; awnings; raised planters; or special corner treatments such as towers, turrets, angled corners with parapets, or similar architectural treatments on at least sixty percent of the total facade length.

b.

Facades greater than one hundred twenty feet in length measured horizontally shall incorporate wall plane projections or recesses having a depth of at least two percent of the length of the facade and extending at least twenty-five percent of the length of the facade.

c.

A minimum of twenty-five percent transparency (clear vision glass) is required on the ground floor of a large format retail or anchor store.

2.

Freestanding or "Pad" Buildings.

a.

Freestanding retail buildings fronting a sidewalk shall be provided with sufficient display windows meeting the transparency requirements identified in Subsection (C)(3) below.

b.

Freestanding retail or "pad" buildings within centers (multi-tenant strip developments) that do not front on a public street shall exhibit a minimum of a fifty percent window to fifty percent wall on at least three building facades.

3.

Retail Shops/Multi-Tenant Development.

a.

Buildings facades within a multi-tenant development must provide a repeating pattern that shall include at least one of the following elements at horizontal intervals of no more than thirty feet:

i.

Color change;

ii.

Texture change;

iii.

Material change; or

iv.

Structural bay expression through a change in plane no less than twelve inches in width such as an offset, reveal, or project rib.

b.

Retail storefronts set back from a street with parking in front shall provide a minimum sixty percent transparency through the use of clear vision windows and doors when located along a sidewalk, building arcade or gallery.

c.

Doors and windows mounted flush with the wall surface shall not be used unless in conjunction with an arcade or covered walkway. Doors and windows shall be set back in their wall openings to reveal the thickness of the wall when an arcade or covered walkway is not provided.

C.

Building Aesthetics and Materials.

1.

Articulation is required to reduce the mass and scale of large monolithic commercial buildings. Articulation is required on at least three sides of a building's facade by use of color, changes in materials, arrangement of facade elements (such as insets, offsets or varying setbacks, canopies, window recesses, arches, arcades or colonnades, varied roof planes, vertical projections, and fenestration). The service side of a building's facade shall not require the same articulation unless it is visible from an adjacent street, park or open space or residential/residentially-zoned area.

2.

Any side of an office, commercial and institutional building visible from or adjacent to residential areas or residentially zoned lands shall be treated in the same manner as the street facing facade.

3.

For buildings that front on a public right-of-way, internal private street or private drive intended to function as a street, the following minimum standards for transparency or clear vision glass are required:

a.

Ground floor retail: Sixty percent.

b.

Upper story retail: Forty percent.

c.

Ground floor office or institutional: Fifty percent.

d.

Second floor office or institutional: Thirty-five percent.

4.

Rooflines.

a.

Both single and multi-tenant buildings shall have variations in the rooflines and roof features that are consistent with the buildings mass and scale. Roofs shall meet at least two of the following requirements:

i.

Decorative parapets that are a minimum of three feet in height.

ii.

A three-dimensional cornice treatment a minimum of twelve inches in height.

iii.

Overhanging eaves that extend at least two feet beyond the building facade.

iv.

Three or more roof planes.

v.

Any other treatment that in the opinion of the planning division, meets the intent of this section.

5.

Exterior facades of new buildings should be constructed of materials which will withstand the abuses of weathering and possible defacing due to vandalism. These materials should be easily maintained and attractive from any distance. In the commercial and mixed-use zones, the exteriors of all buildings or accessory structures shall be constructed of stucco, masonry, architectural concrete masonry units, precast concrete, rock, and/or wood or wood simulated siding; provided, however, that all buildings or structures shall have an integrated color or painted exterior.

a.

Metal for use as a primary exterior building material is not permitted. The use of metal is permitted only as an accent material and may not exceed ten percent of each building facade face.

b.

Building fronts shall incorporate and present either a finished parapet or overhang to the street.

c.

All roof edges shall be finished with facia and/or combination fascia gutter.

d.

Finished soffits are required.

e.

The use of decorative materials to enhance the aesthetic appearance of the building or structure shall be required on any portion of the building or structure abutting upon a public street.

The exterior walls of all buildings or structures constructed within the commercial and mixed-use zones shall be of new material; provided, however, that quality used materials such as rock, red brick, or decorative masonry may be permissible. Other forms of architectural treatment of used materials may be approved by the planning division.

7.

Color.

a.

The use of colors on the exterior of a building shall be limited to an appropriate and complementary palette.

b.

Large areas of intense white color shall be avoided except on rooftops.

c.

The color palette chosen for a building should be compatible with the colors of adjacent buildings except where existing buildings strongly diverge from these standards.

d.

Fluorescent or neon colors shall be avoided.

8.

Accessory structures shall have compatible architectural details, design elements, and roof designs as the primary structure.

9.

Trash and recycling enclosures.

a.

Standards are found in Title 7, Section 7.10.080 (Enclosures required).

b.

Enclosures shall be provided with receptacles for both rubbish and recyclable materials.

c.

Enclosures shall be constructed with a roof.

D.

Prohibited Exterior Wall Materials. The following materials are prohibited as a primary exterior wall material:

Unfinished concrete and concrete block, except split-face concrete block or slump block.

2.

Corrugated metal, standing seam metal, or other metal wall materials.

3.

Reflective mirror-type glass.

4.

Plywood, including T-11 or similar wood products.

5.

Imitation "rock work" veneer.

6.

Corrugated fiberglass.

7.

Asphalt shingles.

8.

Plastic or plastic laminates.

E.

Prohibited Roofing Materials. The following materials are prohibited for use as a roofing material:

1.

Corrugated metal.

2.

High contrast or brightly colored glazed tile, except where desirable for accent purposes.

3.

Highly reflective surfaces.

4.

Aluminum sheet metal.

(Ord. No. 2024-2529, 4-2-2024)

18.42.060 - Industrial building design standards.

A.

Building Aesthetics and Materials.

1.

Long unbroken building facades shall be avoided. Facades with varied front setbacks shall be required.

2.

Warehouses shall avoid blank front and exterior side wall elevations on street frontages through the use of building indentations and architectural details.

3.

Building entrances to industrial use buildings shall be enhanced with architectural elements and landscaping for emphasis.

4.

Materials.

a.

All buildings and structures shall be constructed of metal, stucco, masonry, architectural concrete masonry units, pre-cast concrete, rock, and/or wood or wood simulated siding, and shall have an integrated color or painted exterior.

b.

Thirty percent, including doors, of the gross area, to a twelve-foot height, of any building or structure abutting on the front or exterior side yard of a lot shall be constructed of, or surfaced with, glass, stone, wood, brick, and/or decorative masonry as architectural treatment to increase the aesthetic appearance of the building. On a corner lot, if the treatment required on the exterior side yard is concentrated on the corner of the building or structure and is located nearest the corner of the intersecting streets, the percentage of required area for decorative purposes may be reduced on the exterior side yard to ten percent.

c.

Where the end use of any building or structure prohibits the use of decorative materials in either the front or exterior side of any building or structure or it is not economically feasible to use decorative materials, a color combination of the exterior surface of integrated or painted finish may be permitted, subject to site plan review.

d.

The exterior walls of all buildings or structures in the industrial zones shall be of new material; provided, however, that quality used materials such as rock, red brick, or decorative masonry may be permissible. Other forms of architectural treatment of used materials may be approved by the planning division.

e.

Metal buildings shall have the architectural appearance of conventionally built structures and an exterior surface that includes stucco, plaster, glass, stone, wood, brick, decorative masonry, or wood sheathing.

5.

Trash and recycling enclosures.

a.

Standards are found in Title 7, Section 7.10.080 (Enclosures required).

b.

Enclosures shall be provided with receptacles for both rubbish and recyclable materials.

c.

Enclosures shall be constructed with a roof.

(Ord. No. 2024-2529, 4-2-2024)

18.42.070 - Residential building design standards.

A.

Multi-Unit Residential Building Design Standards.

1.

The exterior design, height, and bulk of multi-unit projects should not negatively impact adjacent lower density residential areas.

2.

Facade and Roof Articulation. A structure with three or more attached units should incorporate wall and roof articulation to reduce apparent scale. Changes in wall planes and roof heights, and elements such as balconies, porches, arcades, dormers, and cross gables can avoid a barracks-like quality. Long flat walls and roofs shall be avoided. Secondary hipped or gabled roofs covering the entire mass of a building are preferred.

3.

Scale. Because multi-unit projects are usually taller than one story, their bulk can be imposing on surrounding uses. Structures with greater height may require additional setbacks at the ground floor level and/or upper levels.

4.

Balconies Porches or Patios as Part of Multi-unit Structures are Required. These elements shall be used to break up large wall masses, offset floor setbacks, and add human scale to structures, and increase neighborhood safety by providing opportunities for "eyes on the street." Individual unit entrances within a multi-unit project shall have individual covered porches.

5.

Trash and Recycling Enclosures.

a.

Standards are found in Title 7, Section 7.10.080 (Enclosures required).

b.

Enclosures shall be provided with receptacles for both rubbish and recyclable materials.

c.

Enclosures shall be constructed with a roof.

6.

Laundry Facilities. For multi-unit residential projects containing nine units or more that do not provide a washer and dryer for each unit, the following laundry facilities shall be provided: one washer and one dryer for each twenty dwelling units. The minimum requirement shall be one washer plus one dryer for multi-unit residential projects containing nine to twenty dwelling units.

7.

Storage Space. In all multi-unit residential projects, a storage space of not less than one hundred fifty cubic feet for each unit plus fifty cubic feet for each additional bedroom more than one. The cubic feet utilized by mechanical equipment (e.g., water heater, furnace, etc.) may not be included in the cubic footage requirement. A bedroom closet shall not be included in the cubic footage requirement.

B.

Mobile Homes/Factory-Built Housing.

1.

Definition. Factory-built housing includes modular housing and residential structures certified under the National Mobile Home Construction and Safety Standards Act of 1974 and as defined in 798.3 of the Civil Code. All factory-built housing and the lot on which it is placed shall comply with all applicable provisions of Title 18 of the National City Municipal Code and the Design Guidelines.

2.

Eligibility. A mobile home shall not be located on a permanent foundation, on a private lot, unless it:

a.

Was constructed after September 15, 1971, and was issued an insignia of approval by the California Department of Housing and Community Development or was constructed after July 1, 1976, and was issued an insignia of approval by the U.S. Department of Housing and Urban Development; and

b.

Has not been altered in violation of applicable codes.

3.

Criteria. Mobile homes placed on a permanent foundation system, on a private lot, shall:

a.

Be occupied only as a residential use type;

b.

Meet all requirements for the zone in which located;

c.

Be attached to a foundation system in compliance with all applicable building regulations and Section 18551 of the Health and Safety Code;

d.

Have a minimum width of twenty feet;

e.

Be covered with an exterior material customarily used on conventional dwellings and approved by the planning division pursuant to site plan review. The exterior covering material shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation;

f.

Have a roof consisting of shingles or other material customarily used on conventional dwellings;

g.

A mobile home may be required to have a porch, eaves or roof with eaves when it is determined, pursuant to site plan review, it is necessary to have it compatible with the dwellings in the area.

4.

Foundation System. The most recently adopted California Building Code specifies regulations for the mobile home foundation system. These regulations provide:

a.

Foundation system definition. A "foundation system" is an assembly of material constructed below, or partly below grade, not intended to be removed from its installation site, which is designed to support the structure and engineered to resist the imposition of external natural forces;

b.

That mobile home foundation systems be designed in accordance with the provisions of the most recently adopted California Building Code, and local soil conditions. Design conditions for roof, wind, and seismic loads applicable to permanent building foundations shall be applicable to the mobile home foundation system;

c.

The mobile home shall be installed in accordance with installation instructions provided by:

d.

The manufacturer of the mobile home; or

e.

A California-licensed architect or engineer for an individual mobile home where manufacturer's installation instructions are not available;

f.

That both the foundation system and connection of the mobile home to the foundation system shall be capable of withstanding the design loads and concentrated loads identified in the installation instructions;

g.

A foundation system plan shall be provided in addition to the installation instructions. The foundation system plan may be:

i.

Provided by the mobile home manufacturer either as a part of, or separate from, the installation instructions;

ii.

Provided by the installation contractor;

iii.

Required to be signed by a California-licensed architect or engineer;

iv.

A foundation system plan approved by the California Department of Housing and Community Development will be accepted.

5.

Utility Connections. The mobile home electrical, gas, water and drain connections shall be made permanent in a manner applicable to permanent buildings. Gas shut-off valves, meters and regulators shall not be located beneath the mobile homes.

6.

Surrender of Registration. Prior to occupancy, the owner shall request a certification from the planning division that a certificate of occupancy be issued pursuant to Section 18551(b)(2) of the California Health and Safety Code. Thereafter, for an existing mobile home, any vehicle license plate, certificate of ownership and certificate of registration issued by a state agency is to be surrendered to the appropriate state agencies.

7.

Park and School Fees. Mobile homes placed on a permanent foundation shall be subject to local park and school fees in the same manner as conventional single-family dwellings.

8.

Modification of Criteria. Modification of the criteria set forth in this section may be granted by the planning division if the site plan review finds that such modification will not be detrimental to the public interest or surrounding residents or properties. No such modification may be granted from Subsections (3)a, (3)b, and (3)c of this section.

9.

Additions. Additions to a mobile home placed on a permanent foundation shall be made in accordance with all applicable laws, codes, and ordinances enforced by the city, and installation instructions provided by (site plan review required):

a.

The manufacturer of the mobile home; or

b.

A California-licensed architect or engineer; or

c.

A building addition plan approved by the California Department of Housing and Community Development.

C.

Single-family Infill Standards.

Architectural Considerations.

a.

New single-family projects should incorporate the distinctive architectural characteristics of surrounding development, for example: window and door detailing, decoration, materials, roof style and pitch, finishedfloor height, porches, bay windows, dormers, chimneys, balconies, shutters, decorative molding, and similar architectural details.

b.

Rooflines of building additions shall be constructed to integrate the addition with the existing building. Contrasting rooflines which emphasize the separate construction of the addition, such as shed roofs extending from the wall of a structure with a hip or gable roof are prohibited.

c.

Exterior materials, window details, and colors of building additions should match those of existing structures.

d.

Roof pitches in common use in the residential neighborhood are gable and hip. New residential construction and additions should incorporate roofs which are compatible with the existing neighborhood style. Minimize the use of flat roofs unless the surrounding context suggests their use, or the structure being added on to has a flat roof.

e.

Walls should be of either wood or simulated wood clapboard or stucco where the style and context would allow it. Brick or stone is recommended as an accent material. Clay tile is also a very suitable material for roofs and accents, but very shiny glazed roof tile should be avoided.

f.

If concrete block is used for exterior wall construction, it shall receive a finish coat of stucco.

g.

While two-story construction is considered acceptable in single-story neighborhoods, the structure should incorporate both vertical and horizontal variations in the wall planes in order to reduce the overall bulk of the project and develop a smaller scale to be compatible with adjacent single-story structures.

h.

The use of any roof mounted equipment is highly discouraged for single-family units. If alternatives are not feasible, equipment must be screened from view in a manner which blends with the architectural style of the house, including use of materials and colors.

Site Design Considerations.

a.

New development should continue the functional, on-site relationships of the surrounding neighborhood. For example, in many older neighborhoods, common patterns that should be continued are entries facing the street, front porches, and parking at the rear.

b.

Front setbacks for new single-family development in existing neighborhoods should be either:

i.

Equal to the average setback of all residences and buildings on both sides of public streets within one hundred feet of the property lines of the new project or

ii.

Equal to the average of the two immediate adjacent buildings.

c.

In cases where averaging between two adjacent existing buildings is chosen, the new building may be averaged in a stepping pattern.

d.

Side yard setbacks in the neighborhood create a certain rhythm along the street. New projects or additions should be respectful of the open space pattern created by these setbacks.

e.

Single-family residences located in non-residential and mixed-use zones shall maintain the same setbacks as the RS-2 zone. Lots with up to three single-family detached homes shall maintain the same setbacks as the RS-3 zone.

(Ord. No. 2024-2529, 4-2-2024)

Chapter 18.43 - FENCES AND WALLS