Chapter 18.46 — OUTDOOR LIGHTING — National City Zoning Code

18.46.010 - Purpose. ¶

Intent and Purpose of this Chapter.

1.

To provide reasonable restrictions and limitations upon the use of lighting in or near the residential zones of the city so as to prevent lighting from creating a nuisance to residents within said residential zones. It is recognized that lighting is widely used in commercial or industrial zones for the purpose of advertising and security and that such lighting is essential to the conduct of many commercial or industrial enterprises.

2.

The city acknowledges that protective security lighting in residential zones constitutes a deterrent to crime and an aid in law enforcement and contributes generally to the safety of those persons residing in such residential zones. It is further accepted that properly controlled lighting in residential areas used for landscaping and highlighting of architectural features of buildings and structures enhances and promotes the aesthetic condition of the property and the general welfare of the area.

3.

It is equally recognized that lighting, by virtue of its intensity, brightness, direction, duration and hours of operation, can constitute a nuisance to adjacent residential dwellers. The purpose and intent of this section is to establish outdoor lighting standards that reduce the impacts of glare, light trespass, overlighting, skyglow, and poorly shielded or inappropriately directed lighting fixtures and that promote safety and energy conservation.

4.

It is the intent of the city to adopt this section to encourage the continued and appropriate use of lighting for the purposes set forth in this section, but to require that said lighting be regulated and controlled in a manner so as to avoid the creation of a public nuisance in residential areas. All outdoor lighting in National City shall be regulated by this Land Use Code and by the State of California Title 24 Energy Efficiency Standards for outdoor lighting requirements.

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

18.46.020 - Applicability. ¶

A.

New Uses, Buildings, and Additions. Unless specifically exempted elsewhere in this chapter, the provisions of this chapter shall apply to all outdoor lighting for proposed new land uses, developments, buildings, structures, or building additions that require a permit.

B.

Nonconforming Uses, Structures, or Lots. Whenever a nonconforming use, structure or lot is abandoned for a period of one year and then recommenced or changed to a new use, then any existing outdoor lighting shall be reviewed and brought into compliance with the provisions of this chapter as necessary for the

entire building, structure or premises, to the maximum extent possible as determined by the planning division.

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

18.46.030 - General standards. ¶

Shielded and Aimed. All security lighting fixtures shall be shielded and aimed so that illumination is directed only within the owner's property boundaries and not cast on other areas. In no case shall lighting be directed above a horizontal plane through the top of the lighting fixture, and the fixture shall include shields that prevent the light source or lens from being visible from adjacent properties and roadways. The use of general floodlighting fixtures shall be prohibited unless it meets the shielding requirements of this section.

C.

Vertical Surfaces. Security lighting may illuminate vertical surfaces (e.g. building facades and walls) up to a level eight feet above grade or eight feet above the bottoms of doorways or entries, whichever is greater.

D.

Pole-Mounted. Security lighting fixtures may be mounted on poles located no less than ten feet from the perimeter of the property boundary.

E.

Site Perimeters. Security lights intended to illuminate a perimeter (such as a fence line) shall include motion sensors and be designed to be off unless triggered by an intruder located within five feet of the perimeter. The zone of activation sensors must be within the property boundaries of the property wishing to be illuminated.

F.

Timers and Photocells. Security lights shall combine timers with dusk-to-dawn photocells to ensure lights are on only when it is dark.

G.

Requirements. In addition to the application materials set forth in the general provisions of this section, applications for security lighting installations shall include a written description of the need for and purposes of the security lighting, a site plan showing the area to be secured and the location of all security lighting fixtures, specifications of all fixtures, the horizontal and vertical angles in which light will be directed, and adequate cross-sections showing how light will be directed only onto the area to be secured.

Events and Special Activities.

1.

Lighting levels and pole heights for outdoor performance, sports, and recreation facilities shall not exceed by more than five percent of the Illuminating Engineering Society of North America published standards for the proposed activity.

2.

Where playing fields or other special activity areas are to be illuminated, lighting fixtures shall be specified, mounted, aimed and shielded so that their beams fall within the primary playing area and immediate surroundings, and so that no direct illumination is directed off the site.

3.

The main lighting shall be turned off as soon as possible following the end of the event. The main lighting shall not remain on longer than thirty minutes following the end of the event. Where feasible, a low level lighting system shall be used to facilitate patrons leaving the facility, cleanup, nighttime maintenance and other closing activities. The low level lighting system shall provide a horizontal illumination level at grade of no more than four foot-candles.

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

18.46.100 - Lighting for multi-unit attached residential projects.

In all multi-unit attached residential developments, light fixtures for walks, steps, parking areas, driveways, on-site streets, and other facilities shall be provided in keeping with the type of development and at locations to assure safe and convenient nighttime use. Fixtures shall be designed in keeping with the project and shall be properly shaded to screen the windows of habitable rooms from the direct rays of light. All outdoor lighting 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. All outdoor security and safety lighting shall be installed in accordance with the standards in this chapter.

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

18.46.110 - Standards for single-family residential uses.

Standards.

1.

Protective security lighting, landscape lighting or architectural highlighting, properly directed and shielded, may be operated at all hours of the night.

2.

Luminaires providing outdoor lighting and permanently mounted to a residential building or to other buildings on the same lot are allowed.

3.

Motion sensors with integral photo-control area and high-efficacy dust-to-dawn lighting are encouraged.

4.

Permanently installed luminaires in or around swimming pools, water features, or other locations subject to Article 680 of the California Electrical Code need not be high-efficacy luminaires.

5.

Lighting for single-family residential uses shall be directed to fall only on the same premises upon which the light source is located.

6.

Floodlighting is discouraged, and if used, must be shielded to prevent:

a.

Disability glare for drivers or pedestrians;

b.

Light trespass beyond the property line; and

c.

Light above a horizontal plane. "Wallpack" type fixtures are not permitted.

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

Chapter 18.47 - SIGNS ON PRIVATE PROPERTY AND PUBLIC PROPERTY NOT OWNED BY THE CITY OR ITS AFFILIATED AGENCIES

18.47.010 - Title. ¶

This chapter shall be known as the Regulatory Sign Ordinance of the city of National City, California.

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

18.47.020 - Authority, scope, intent, purposes. ¶

A.

Authority. This chapter is enacted pursuant to the city's general and police powers, California Constitution Article XI, Section 7; California Government Code Sections 65000 et seq., 65850(b), 38774, and 38775; Business and Professions Code Sections 5200 et seq., 5230, 5490 et seq., 13530 et seq. and 13540; Penal Code Section 556 et seq.; and other applicable state laws.

B.

Scope. This chapter regulates signs, as defined herein, which are located within the corporate limits of the city of National City and over which the city has land use regulatory authority, but not on city owned land. Signs on city land are subject to Chapter 13.28. Signs used in conjunction with parades, protests, demonstrations and outdoor public assemblies are regulated as temporary uses under Chapter 15.60.

C.

Intent. By adoption of this chapter, the city council intends to create and implement a comprehensive system for the regulation of signs within the scope of this chapter, with a regulation system that: 1) accommodates the expression rights of the First Amendment to the U.S. Constitution and the corollary provisions of the California Constitution; 2) comports with all applicable principles of federal and state constitutional, statutory and administrative law.

D.

Purposes and Interests Served. The purposes of this chapter include, but are not limited to: 1) serving the governmental and public interests in controlling visual clutter, community esthetics, and safety of drivers, passengers, and pedestrians; 2) aiding in the identification of properties, land uses, enterprises and other establishments; 3) enhancing the general appearance and esthetics of the urban environment; and 4) protecting the natural beauty of the city's open space.

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

18.47.030 - Basic principles.

A.

Message Neutrality Policy. It is the policy of National City to regulate signs in a manner that does not favor commercial speech over noncommercial speech and does not regulate protected noncommercial speech by message content.

B.

Message Substitution Policy. A constitutionally protected noncommercial message may be substituted, in whole or in part, for any allowed commercial message or any other protected noncommercial message, provided that the sign structure or mounting device is legal. Any substitution shall require the private

property owner's consent. The purpose of this provision is to prevent any favoring of commercial speech over non-commercial speech, or favoring of any particular protected noncommercial message over any other protected noncommercial message. The message substitution policy does not: 1) create a right to increase the total amount of sign display area on a site or parcel; 2) create a right to substitute an off-site commercial message in place of an onsite commercial message or in place of a noncommercial message; 3) affect the requirement that a sign structure or mounting device must be properly permitted; 4) authorize changing the physical method of image presentation (such as digital or neon) display without a permit; or 5) authorize a physical change to the sign structure without compliance with applicable building codes, safety codes, and neutrally-applicable rules for sign size, height, orientation, setback, separation or illumination.

C.

Enforcement Authority. The director is authorized and directed to administer and enforce this chapter.

D.

Administrative Interpretations. Interpretations of this chapter are to be made initially by the director in consultation with the city attorney. The director may refer an interpretation question to the planning commission. All interpretations of this chapter are to be exercised in light of the message neutrality and

message substitution policies. Where a particular type of sign is proposed, and the type is neither expressly allowed nor prohibited by this chapter, or whenever a sign does not qualify as a "structure" as defined in the building code, as adopted by the city, then the planning commission or director, as applicable, shall approve, conditionally approve or disapprove the application based on the most similar sign type, using physical and structural similarity, that is expressly regulated by this chapter.

E.

Responsibility for Compliance. The responsibility for compliance with this chapter rests jointly and severally upon the sign owner, the permit holder, all parties holding the present right of possession and control of the property whereon a sign is located, mounted or installed, and the legal owner of the lot or parcel, even if the sign was mounted, installed, erected or displayed without the consent or knowledge of the owner and/or other parties holding the legal right to immediate possession and control.

F.

Onsite-Offsite Distinction. Within this chapter, the distinction between onsite signs and offsite signs applies only to commercial messages. It does not apply to non-commercial messages.

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

18.47.040 - Definitions.

The following definitions apply to this chapter, and to other chapters when cross-referenced by such other chapters.

"Banner" means any flexible material, such as cloth, plastic, vinyl, paper, cardboard or thin metal, with or without a message, attached outdoors to a building, structure or mounting device, or attached indoors to a

building, structure or mounting device so as to be visible from the exterior of a building, or structure. The term "banner" includes a pennant, flag, or bunting.

"Billboard" means a permanent sign structure in a fixed location which meets any one or more of the following criteria: (1) it is used for the display of off-site commercial messages; (2) the message display area, or any part thereof, is made available to message sponsors other than the owner(s) or operator(s) of the sign, typically for a fee or other consideration, i.e., it is general advertising for hire; (3) the sign is a principal or secondary use of the land, rather than appurtenant or accessory to some other principal use of the land.

"Bunting" means a form of banner that is typically presented and displayed in a folded or gathered fashion or combination. It may include a display in combination with a flag or banner. Depending on the format of the display, the term may be synonymous with banner.

"Changeable copy sign" means a sign displaying a message that is changed by means of moveable letters, slats, lights, light emitting diodes, or moveable background material. "Digital signs," "dynamic signs," and CEVMS (changeable electronic variable message signs) are all within this definition.

"City" means the city of National City California.

"City property" means any parcel of land or separately leasable space over which the city or any of its related entities, holds the present right of possession and control, regardless of who may hold legal fee title, or that is within the public right-of-way.

"Commercial mascot" means a person or animal attired or decorated with commercial insignia, images, costumes, masks, or symbols, and/or holding signs displaying commercial messages, when a principal purpose is to draw attention to or advertise a commercial enterprise. This definition includes "sign twirlers," "sign clowns," "sign spinners," "sign twirlers," and "human sandwich board" signs. Also known as "living signs."

"Commercial message" means a message that proposes a commercial transaction or pertains primarily to the economic and commercial interests of the message sponsor and/or the sign audience.

"Construction site sign" means a sign that is displayed on the site of a construction development project during the period of time of actual construction.

"Digital display" means display methods utilizing LED (light emitting diode), LCD (liquid crystal display), plasma display, projected images, or any functionally equivalent technology, and which is capable of automated, remote or computer control to change the image, either in a "slide show" manner (series of still images), or full motion animation, or any combination of them.

"Director" means the city manager or designee.

"Directional sign" is a sign used to provide directions to pedestrians and vehicular traffic.

"Election period" means that period of time which begins sixty days before a special, general, or primary election in which at least some registered voters in the city are eligible to vote, and ends ten days after such election.

"Establishment" means any legal use of land, other than long-term residential, which involves the use of structures subject to the building code. By way of example and not limitation, this definition includes businesses, factories, farms, schools, hospitals, hotels and motels, offices and libraries, but does not include single-family homes, mobile homes, residential apartments, residential care facilities, or residential condominiums. Multi-unit housing developments are considered establishments during the time of construction; individual units are not within the meaning of establishment once a certificate of occupancy has been issued or once a full-time residency begins.

"Establishment premises" means a specific occupancy within a building or upon a parcel of land, typically having a specific address and discrete entrance(s) and exit(s) so as to maintain a specific identity and location.

"Flag" means a piece of fabric or other flexible material, usually rectangular, of distinctive design, used as a symbol.

"Freestanding sign" means a sign which is principally supported on the ground by one or more uprights, braces, poles, pylons or other similar structural components. This category includes both monument and pole signs.

"Frontage" when used as a measurement reference of a building or establishment premises, shall refer to the distance between the two most distant corners of a building measured in a straight line along the building face bordering the adjoining street. See glossary pertaining to frontage when made applicable to a parcel of land. The term also refers to the elevation of a building that abuts or adjoins a private or public right-of-way or parking lot.

"Garage sale sign" means a sign whose message concerns short-term rummage, estate, boutique, or garage sales of used or handmade common household items from a residential property.

"General advertising," also known as "general advertising for hire," means the enterprise of advertising or promoting other businesses or causes using methods of advertising, in contrast to self-promotion or onsite advertising.

"Height" means the distance measured vertically from grade to the highest point or portion of the object to be measured or height limited.

"Illegal sign" means a sign that was installed without proper city or other required approvals and/or permits at the time it was initially installed, and which has not been legalized by later action. This definition also includes a sign that was erected in conformance with all applicable laws, rules, and regulations in effect at the time of installation, but which was subsequently altered so as to be out of compliance with applicable law, including the terms of permits which authorized construction. All signs described in Business and Professions Code Section 5499.1 and defined therein as an "illegal on-premises advertising display" are also within this definition.

"Illuminated sign" means a sign whose message is made readable by internal or external lights or light emitting diodes (or functionally equivalent technology), typically (but not necessarily) during hours of darkness.

"Install" or "installation" includes but is not limited to the act by which a sign is constructed or placed on land or a structure, or the act of attaching, painting, printing, producing, or reproducing, or using any other method or process by which a visual message is presented or placed upon a surface.

"Legal nonconforming sign" means a sign that complied with all applicable laws, rules and policies at the time of installation, and which has not been expanded beyond the originally applicable rules, but which does not conform to currently applicable law and rules.

"Mobile billboard" means a sign on a wheeled conveyance (whether motorized or not) or water craft, including those which carry, convey, pull or transport any sign used for general advertising for hire. The term does not include vehicles and vessels that display identification information concerning the usual business or regular work of the vehicle/vessel owner (not including general advertising).

"Motor fuel price sign" means a sign of the type described and required by Business and Professions Code section 13530 et seq.

"Monument sign" means a low-profile freestanding sign supported by a structural base or other solid structural features other than support poles, which may contain copy on more than one side.

"Mural-type sign" means a sign painted on the exterior wall of a building consisting of graphics or images, either alone or in combination with letters. Mural-type signs shall be treated as any other sign subject to the signage area requirements.

"Non-commercial message" means a constitutionally protected message that addresses topics of public concern or controversy such as, by way of example and not limitation, politics, religion, philosophy, science, art or social commentary.

"Offsite sign" means a sign that advertises commercial products, accommodations, services, or activities not provided in or on the property or premises upon which it is located. The on-site/off-site distinction does not apply to non-commercial messages.

"Onsite sign" means a sign that advertises the commercial business, accommodation, services, or activities provided on the premises on which the sign is located or is expected to be provided in the near future, such as "coming soon" movie posters. In the case of developments subject to a master sign program, all establishments subject to the program are considered on-site whenever located within any location subject to the program. All establishments within a shopping center are on-site as to any sign(s) also located within that shopping center. The on-site/off-site distinction does not apply to non-commercial messages.

"Outdoors" means a location on undeveloped property or the exterior of a building or structure.

"Parcels" or "property" or similar references or descriptions mean parcels defined or delineated by assessor parcel numbers maintained by the County tax assessor or as defined in the glossary of this code.

"Pennant" is a banner with three sides, or swallow-tail form.

"Permanent sign" means a sign that is solidly attached to a building, structure, or the ground by means of mounting brackets, bolts, welds, or other combination of attachment methods, thereby rendering the sign

non-moveable or difficult to reposition without the use of machinery, cutting devices, or mechanical devices. See also "temporary sign."

"Pole sign" means a permanently mounted, freestanding sign which is supported above the ground by one or more uprights, braces, poles, or other similar structural components.

"Projecting sign" is any sign which projects beyond a building face and uses a wall or vertical element of a building as its main source of support. The term includes a double-faced sign that is installed more or less perpendicular to the face of a building so as to allow a message to be viewable from either side. The term does not include signs that are installed along the face of a building and that are completely attached to the face of a building.

"Real estate sign" means any sign whose message concerns a proposed economic transaction involving real estate, including all signs described in Civil Code 713.

"Residential sign" means a sign displayed on a legal, individual dwelling unit. The term does not apply to management offices of apartment complexes or mobile home parks, or to hotels, motels, inns or other places of transient occupancy.

"Responsible party" means the permittee, property owner, or owner or person in charge of the sign.

"Rooftop sign" or "roof-mounted sign" means a sign that extends above the ridgeline of the roof of a building or a sign attached to any portion of the roof of a building.

"Safety codes" refers to the building, electrical, plumbing, grading, and similar codes which ensure safe construction.

"Shopping center" shall mean a group of commercial buildings as defined in the glossary.

"Sign" as used in this chapter, generally means the public display of any visually communicative image placed on public display and visible from the exterior of any portion of the public right-of-way or place open to passage by the public. Notwithstanding the generality of the foregoing, the term "sign" does not include:

1.

Aerial banners towed behind aircraft;

2.

Architectural features—Decorative or architectural features of buildings (not including lettering, trademarks or moving parts), which do not perform a communicative function (examples include color stripes around an office building or retail store);

3.

Automated teller machines (ATMs), when not used for general advertising;

4.

Cornerstones and foundation stones;

The legal use of fireworks, candles and artificial lighting not otherwise regulated by this chapter;

6.

Grave markers, gravestones, headstones, mausoleums, shrines, and other markers of the deceased;

7.

Historical monuments, plaques and tablets;

8.

Holiday and cultural observance decorations displayed in season, including inflatable objects, on private residential property which are on display for not more than forty-five calendar days per year (cumulative, per dwelling unit) and which do not include commercial messages;

9.

Inflatable gymnasiums associated with legal residential uses—Inflatable, temporary, moveable, gymnasium devices commonly used for children's birthday parties, and similar devices (also called "party jumps" or "bounce houses");

10.

Interior graphics—Visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof;

11.

Manufacturers' marks—Marks on tangible products, which identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale;

12.

Mass transit graphics—Graphic images mounted on duly licensed and authorized mass transit vehicles that legally pass through the city;

13.

News racks, newspaper vending devices and newsstands;

14.

Personal appearance: makeup, masks, wigs, costumes, jewelry, apparel and the like, unless it constitutes a commercial mascot;

15.

Safety warnings on motorized or electrified equipment;

Searchlights used as part of a search and rescue or other emergency service operation (this exclusion does not apply to searchlights used as attention attracting devices for commercial or special events);

17.

Shopping carts, golf carts, horse drawn carriages, and similar devices (any motorized vehicle which may be legally operated upon a public right-of-way is not within this exclusion);

18.

Symbols embedded in architecture—Symbols of non-commercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal, by way of example and not limitation, such symbols include stained glass windows on churches, carved or bas relief doors or walls, bells and religious statuary;

19.

Vehicle and vessel insignia—On street legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, non-commercial messages, messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages relating to the proposed sale, lease or exchange of the vehicle or vessel.

20.

Vending machines, automated intake devices and product dispensing devices which do not display off-site commercial messages or general advertising messages;

21.

Window displays—The display of merchandise in a store window, when such merchandise is immediately available for purchase.

"Signage" is the collective noun for all signs on a given parcel, lot or location, or within a stated classification;

"Sign area" means that portion of a sign which consists of visually communicative copy, including the advertising surface and any framing, trim, or molding but not including the supporting structure, measured one side only, provided that the angle between faces for two-sided signs does not exceed thirty degrees.

"Sign copy" means the visually communicative elements, including but not limited to words, letters, numbers, designs, figures, or other symbolic presentation incorporated into a sign with the purpose of attracting attention to the subject matter or message.

"Sign face" means the portion of a sign that is available for displaying sign copy, together with any frame, color, panel, ornamental molding, or condition which forms an integral part of the sign copy and which is used to differentiate such sign copy from any wall or background against which it may be placed. Those

portions of the supports, uprights, or base of a sign that do not function as a sign shall not be considered as part of a sign face.

"Sign height" means the vertical distance of a sign from the uppermost point used in measuring the sign area to the ground immediately below such point or to the level of the upper surface of the nearest curb of a street or alley (other than a structurally elevated roadway), whichever measurement permits the greater elevation of the sign.

"Special event" means an activity or event that occurs rarely or irregularly, is open to the public, and is of a duration not exceeding seven days. Any event that is subject to a temporary use permit will be considered within this definition. By way of example and not limitation, special events include circus or carnival runs, 4 th of July Festival, Easter Egg Hunt, Relay for Life, Christmas Tree Lighting, parking lot sales at shopping centers and malls, holiday celebrations, Auto Heritage Day, etc.

"Temporary message" means a message that pertains exclusively to an event which occurs on, or ends on, a particular day.

"Temporary sign" means a sign that is constructed of lightweight or flimsy material, and is easily installed and removed using ordinary hand tools. Any sign that qualifies as a "structure" under the Building Code is not within this definition.

"Visibility triangle" means at the intersection of any two or more streets, that area extending horizontally fifty feet from the corner of the intersection and vertically, from a height of three feet to a height of eight feet.

"Visible to the exterior" refers to the placement of a sign or banner within the interior first eight feet of a commercial or industrial building or structure in such a manner so that it or its message is readily visible on an immediately contiguous public right-of-way, parking lot, or parcel. To be visible does not require that the message be understandable or readable.

"Wall sign" means a sign that is attached to, erected against or painted on the wall of a building or other vertical structure.

"Warning sign" means a sign that is posted to provide notice of danger, such as "Beware of Dog," "Railroad Crossing," "Danger High Voltage" or noting the location of underground utilities.

"Window sign" means a sign that is painted or mounted on a window pane, or that is mounted within five feet of a window and oriented for viewing by exterior passersby.

"Zone" refers both to the zone classifications given in Section 18.20.020, and to the specific areas or districts to which a given zoning classification applies.

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

18.47.050 - Sign permits, other sign-related decisions, appeals.

Sign Permit Generally Required. Unless exempted from the sign permit requirement, all signs regulated by this chapter may be installed, maintained, erected, or displayed only pursuant to sign permit pursuant to this chapter, and a finding of compliance is made by the planning division, using the design criteria identified in this chapter and other applicable regulations. A sign permit may be approved subject to conditions, so long as those conditions are required by this chapter or some other applicable law, rule or regulation.

B.

Compliance Required. No permit shall be issued for any sign or sign structure except in compliance with the provisions of this chapter. A sign permit may be subject to compliance with permitting requirements imposed by other sources of law, including the safety codes for building, electrical, plumbing, grading, etc. Where there is a conflict between the provision of this chapter and other applicable regulations, the more restrictive shall apply.

C.

Right to Permit or Display. When any sign permit application is complete and fully complies with all applicable provisions of this chapter, and all other applicable laws, rules and regulations, the permit shall be approved and issued within the required time. In the case of signs which are exempt from the sign permit requirement, there is a right to erect, display, and maintain such signs as are authorized by this chapter, subject to the applicable rules. This "right to permit" provision does not apply when the relevant city law is under active consideration for amendment at the time the application for a sign permit is submitted, or when the rules or regulations relevant to the application are changed prior to the expiration of the time for decision.

D.

Legally Existing Signs; Alterations. Signs legally existing prior to the effective date of this chapter shall be exempt from the sign permit requirement unless a structural alteration is made, the sign area or any other point of nonconformity is enlarged or expanded, or there is some other change in the structural elements of the sign. Structural alterations and expansions require a sign permit.

E.

Review. All sign permit applications shall be initially reviewed by the director. In the case of any discretionary permit in which signage is included, such as a master sign program, a specific plan including signs, a variance, or an appeal, the director shall prepare a report for the body which shall hear the matter, the planning commission or city council. The report may, but is not required, to include recommendations.

F.

Application for a Sign Permit. Any person seeking a sign permit for a sign shall submit to the director a written application for such. The director shall prepare a sign permit application form and provide it to any person on request, along with such other materials and information as applicants need to submit for a permit. The same form may be used for both the application and the decision thereon. A single form may be used for multiple signs on the same site; however, the director may make separate decisions as to each

sign. A sign permit application is complete only when it is accompanied by the appropriate application fee, in an amount set by resolution of the city council.

G.

Application Contents. The sign permit application form may call for the following information:

1.

Name, address and telephone number of the applicant and, if applicable, the name, address, and telephone number; when the applicant is not the holder of legal title to the property, consent to the installation of the sign by the person(s) or entities who hold legal title and the present right of possession and control of the property; when the sign is proposed to be installed by a sign contractor, the name, address, contact information, and the license number, if any, of the contractor;

2.

As to the proposed location for the sign, multiple sets of a fully dimensioned site plan (drawn to scale) indicating the street address, assessor's parcel number, zone classification, all property lines, public and private street lines (including center lines), structures, easements, utility poles and wires, and the location and size (in square feet) of all existing and proposed signs;

3.

As to existing signs already on parcel, information as to whether each is permitted or exempt from permitting;

4.

Accurate and scaled building elevation showing existing and proposed building signs; including existing and proposed sign area of each individual sign and the combined area of all signs (including those already existing or previously permitted) in relation to the maximum allowed sign area;

5.

A statement as to whether the sign is intended to be used in whole or in part for off-site commercial messages, advertising for hire or general advertising;

6.

A statement or graphical description as to whether the proposed sign, or any part of it, is proposed to utilize any of the following physical methods of message presentation: sound; odor, smoke, fumes or steam; rotating, moving or animated elements; activation by wind or forced air; neon or other fluorescing gases; fluorescent or day-glow type colors; flashing or strobe lighting; light emitting diodes, liquid crystal displays or other video-like methods; digital display technology; use of live animals or living persons as part of the display; mannequins or statuary;

7.

A statement as to whether the property or parcel on which the sign is proposed to be erected or displayed, or any currently existing sign thereon, is the subject of any outstanding notice of zoning violation or notice to correct, including whether any such deficiencies are to be remedied by the proposed application;

8.

Photographs of the existing property, parcel and/or building on which the sign is proposed to be erected or displayed;

9.

In the case of any proposed sign which is subject to a discretionary process, such as a variance, conditional use permit, or sign program, all information required by such process(es);

10.

The director is authorized to modify the list of information to be provided on a sign permit application; however, additions may be made only after thirty days public notice. The director is also authorized to request, require, or accept application materials, in whole or in part, in electronic form, and to specify the acceptable computer formats for such submissions.

H.

Completeness. As the first step in processing a sign permit application, the director shall determine whether the application is complete. If the application is not complete, the applicant shall be so notified in person or in writing initially within thirty days of the date of receipt of the application; the notice of incompleteness shall state the points of deficiency and identify any additional information necessary. The applicant shall then have thirty calendar days, to submit additional information to render the application complete.

I.

Disqualification. No sign permit application will be approved if:

1.

The applicant has installed a sign in violation of the provisions of this chapter and, at the time of submission of the application, each illegal or non-permitted sign has not been legalized, removed or a cure included in the application;

2.

There is any other existing Code violation located on the site of the proposed sign(s) (other than an illegal or nonconforming sign that is not owned or controlled by the applicant and is located at a different establishment) which has not been cured at the time of the application, unless the noncompliance is proposed to be cured as part of the application;

The sign application is substantially the same as an application previously denied, unless: (i) twelve months have elapsed since the date of the last application, or (ii) new evidence or proof of changed conditions is furnished in the new application;

4.

The applicant has not obtained any applicable required use permit or conditional use permit. However, applications for such permits may be processed simultaneously with a sign permit application.

J.

Applications for Multiple Signs. When an application proposes two or more signs, the application may be granted either in whole or in part, with separate decisions as to each proposed sign. When a multiple sign application is denied in whole or in part, the director's written notice of determination shall specify the grounds for such denial.

K.

Discretion. When discretion is authorized for a master sign program or site plan review, that discretion may be exercised only as to location, structural and safety factors, and not as to message content, graphic design or artistic merit. Permissible factors for consideration include: style or character of existing improvements upon the site and lots adjacent to the site; construction materials; number and spacing of signs in the area; the sign's height, design, and location in relation to its proposed use; form, proportion, scale, overall sign size; potential effect of the proposed sign on driver and pedestrian safety; potential blocking of view (whole or partial) of a structure or facade or public view of historical or architectural significance; potential obstruction of views of users of adjacent buildings.

L.

Master Sign Programs. Permit applications for master sign programs as part of planned commercial, officeprofessional and industrial development shall include the above information as part of a site development plan or specific plan. When approval is sought for a development that includes one or more signs, then the sign aspects of the proposed development must satisfy the applicable provisions of this chapter. In addition, when a development project will have six or more leased spaces, it must also comply with the master sign program requirements set forth in Section 18.47.130. Such proposals may be reviewed by the director and shall be decided by the planning commission. In preparing a report for the planning commission, the director may, but is not required to, make recommendations.

M.

Revocation or Cancellation. The director may revoke any approval or permit upon refusal or failure of the permittee to comply with the provisions of the permit and the requirements of this chapter, after written notice of noncompliance and at least fifteen calendar days opportunity to cure. However, opportunity to cure does not apply when a sign, by virtue of its physical condition, constitutes an immediate and significant threat to public safety.

N.

Permits Issued in Error. Any approval or permit issued in error may be summarily revoked by the director upon written notice to the permittee, stating the reason for the revocation. "Issued in error" means that the permit should not have been issued in the first place and includes but is not limited to omissions, errors or misrepresentations in the application materials, and oversights or errors in the processing thereof.

O.

Inspections. All signs subject to one or more safety permits (building, plumbing, electrical, grading, etc.) require final inspection and approval by the Building Official.

P.

Sign-Related Decisions. Challenges or objections to sign-related decisions, notices and orders, other than approval or denial of a sign permit, do not require a particular form, but must be in writing, signed by the applicant or challenger, and particularly state the matter challenged and the grounds therefore. Challenges shall be made to the director within thirty days of the date of the decision, notice, and/or order. Challenges and objections to sign-related decisions not made in accordance with these procedures shall not be eligible for appeal.

Q.

Levels of Review; Order of Review. Except for signs subject to initial review by the planning commission, initial review and decisions on all sign permit applications shall be by the director unless otherwise stated herein; appeal is first to the planning commission and then to city council.

R.

Safety Codes. When a proposed sign, by virtue of its physical, structural, location, and other non-message factors, is subject to any permits or requirements under the safety codes, then satisfaction of such requirements shall be a condition of the sign permit.

S.

Permit Denial. When a sign permit application is denied, the denial shall be in writing and sent or delivered to the address shown on the applicant's application form and shall specifically state the grounds for denial.

T.

Timely Decision. At each level of review or appeal, the decision shall be rendered in writing within thirty calendar days. The time period begins running when an appeal, challenge, or objection is received, the application is complete (or is deemed complete because no notice of incompleteness has been given), an amendment is received, or the notice of appeal has been filed, whichever applies. The timely decision requirement may be waived by the applicant or appellant. If a decision is not rendered within the required time, then the application or appeal shall be deemed denied; in the case of an appeal, the lower-level decision shall be deemed affirmed.

U.

Appeal. Any decision regarding a sign permit application or other sign-related decision may be appealed by any affected person. Notices of appeal and challenges and objections to sign-related decisions must be filed with the city clerk within thirty calendar days of the decision; if city offices are not open on the thirtieth day, then the time period is extended to the next day city offices are open to the public. Appeals shall be heard by the planning commission. The decision of the planning commission may be appealed to the city council pursuant to Section 18.12.060, as augmented by this chapter. The appeal right arises at the earliest of: a) the date of the written decision that is delivered to the applicant, or b) the time for decision has run without a written decision. The notice of appeal, objection, or challenge must state specifically the matter appealed from and the grounds for appeal. Notices of appeal must be signed by the appellant or their authorized agent, representative, or attorney.

V.

Status Quo. During the pendency of review or appeal, the status quo of the subject sign(s) shall be maintained. This does not apply whenever a sign, by virtue of its physical condition, constitutes an immediate threat to public safety.

W.

Judicial Review. Following final decision by the city council, any affected person may seek judicial review of the final decision on a sign permit application or other sign-related decision pursuant to the applicable provisions of the California Code of Civil Procedure.

X.

Notices. Written notices by the city, required within this chapter, shall be deemed given on the earliest of the following: when personally delivered, when publicly posted, or on the day of mailing. Notices are deemed effective when sent to the last known address of the addressee.

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

18.47.060 - Signs exempt from sign permit requirement. ¶

The signs listed in this section are exempt from the requirement of prior approval (either by sign permit or site plan review), but still subject to the rules stated in this chapter. When any residential sign meets the definition of "structure" in the building code, or is electrified, then compliance with all safety codes (building permits, electrical permits, etc.) is required. Signs may also be exempted from the sign permit requirement by other sections of this chapter, other chapters of this code, or other bodies of law.

A.

Residential Signs. All legal residential dwelling units are allowed a defined maximum cumulative display area, which is available at all times, subject to:

1.

Physical types: residential signs may be free standing or mounted on doors, walls, or fences; flag poles not exceeding twenty-five feet cumulative of linear footage; roof-mounted signs are prohibited;

2.

Permissible message types: any variety or combination of constitutionally protected noncommercial speech (including but not limited to political/election signs); real estate signs (must be removed not more than five days after the proposed economic transaction is completed, or the property goes off the market); garage sale signs compliant with the other provisions in the Municipal Code addressing garage sales which is currently set forth at Section 7.21.060; construction site signs;

3.

Prohibited message types: commercial messages other than those specified in the preceding subsection; general advertising for hire; any message whose public display is illegal;

4.

Maximum display area: sixteen square feet per parcel per frontage at all times; except that during the election period, when there shall be no limit on the maximum display area. The maximum display area is the cumulative total of all signs that are subject to the area limit. Not included within with the cumulative total: indicators of street address and occupants' name(s), visual images mounted on the ground (i.e., door mats);

5.

Maximum sign size: six square feet per sign at all times. The maximum sign size is the maximum square footage allowed for an individual sign.

6.

Illumination: special illumination of residential signs is prohibited; residential signs may be illuminated only by natural and legal ambient lighting;

B.

Construction Site Signs, subject to:

1.

On single-family residential properties, construction site signs shall be no larger than twenty square feet per street frontage;

2.

For all other construction projects: maximum display area for signs shall be no greater than fifty square feet per frontage;

3.

Construction site signs must be removed prior to final inspection or before issuance of a certificate of completion or certificate of occupancy, as applicable;

Illumination: prohibited.

C.

Signs required or authorized by other bodies of law or court orders;

D.

Signs required by the fire department to designate fire lanes;

E.

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;

F.

Window signs that do not exceed fifteen percent of the area of a window or twelve square feet, whichever is less;

G.

Warning signs 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;

H.

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

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

18.47.070 - Prohibited signs. ¶

The signs listed in this section are prohibited in all zones and at all times unless explicitly authorized or allowed by another provision of this chapter, another chapter of the Code, or other applicable law.

1.

New billboards, conversion of existing billboards to digital or dynamic or tri-vision display, expansion of the display face of any existing billboard (except as authorized by state law), and the installation of an additional display face to an existing billboard structure;

2.

Mobile billboards, but not including taxis or shuttle vehicles or public transportation vehicles that legally pass through the city;

3.

Signs mounted on roofs, water towers, radio, television, or cell phone towers;

4.

Signs mounted on fences;

5.

Signs mounted on trees, bushes, or vegetation;

6.

Signs placed on property (public or private) without consent of the property owner or other party holding the present right of possession and control;

7.

Signs that obstruct any window, door, gate or opening used or required as a means of regular ingress or egress, legal light or ventilation, as a fire escape or other emergency access or escape;

8.

Signs displayed on vacant or undeveloped lots;

9.

Signs whose intensity of illumination or size, shape or location interferes with the safe operation of a vehicle or creates distraction to the operator of a wheeled vehicle on adjoining public streets;

10.

Signs mounted in such a manner as to obstruct the free flow of vehicular or pedestrian traffic;

11.

Signs that are confusingly similar to authorized, official traffic and pedestrian control signs, even though they are in fact not traffic control signs;

12.

Signs using animation, flashing, blinking, or intermittent light exceeding any of these operational parameters:

a.

Illumination equivalent to incandescent light bulbs of sixty watts maximum per bulb;

b.

Flashes or blinks more than fifteen times per minute;

Chaser lights;

d.

High intensity neon lights, tubes and flashing lights are prohibited on animated and flashing signs;

e.

Rotating beacon lighting elements.

13.

Advertising or attention-getting devices that are inflatable, float in air or water, or are activated by wind or forced air;

14.

Temporary signs displaying off-site commercial messages or used for general advertising for hire, unless required by state law;

15.

Signs placed in the public right-of-way, unless explicitly allowed by Chapter 13.28.

16.

Signs mounted on motor vehicles parked in the public right-of-way.

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

18.47.080 - Permanent signs.

Unless specifically exempted herein, all permanent signs require a sign permit. The following three types of signs are categorically exempt from this sign permit requirement: 1) signs installed and displayed pursuant to court order, statutory requirement or authorization; 2) signs on residential properties; 3) signs posted by any governmental entity in the execution of its official duties.

A.

Signs less than six square feet. The display on any non-residential parcel of any single sign or banner that is less than six square feet in area is allowed and is exempt from obtaining a sign permit.

B.

Directional Signs. Directional signs that do not exceed a total of three square feet in size per sign, and total area combined does not exceed nine square feet per parcel, are allowed, and are exempt from obtaining a sign permit.

Freestanding Signs. A maximum of two freestanding or monument signs, not to exceed a total of one hundred square feet, are allowed, subject to a sign permit, for single-family subdivisions, multi-family developments, and mobile home parks.

D.

Flags. On residential land uses, a total of twenty-four square feet of flag area may be displayed at any and all times; on non-residential land uses, there shall be no limit to the allowable flag area that may be displayed at any and all times. On residential lots, the number of flag poles is limited to a cumulative linear footage of twenty-five feet; on non-residential lots, the cumulative linear footage shall be limited to the maximum height allowed in the zone in which the property is located. Flag poles intended for permanent use are subject to appropriate building permits.

E.

Permanent Signs in Commercial, Industrial, Mixed-Use, and Institutional Zones. Except in shopping centers (where special rules, stated in the next subsection, apply) and public assembly uses (to which special rules, stated below, apply), permanent signs may be installed on or along the face of a building in commercial zones and commercial uses in a mixed-use zone, and industrial or institutional zones, subject to the following:

1.

Signs exceeding twenty-five square feet in display area:

a.

Maximum number: one sign per establishment premises per frontage along a street, freeway, or parking lot;

b.

Sign area on the primary frontage shall not exceed thirty percent of the area of the building face or four square feet of sign for each linear foot of building face along that frontage, whichever is greater;

c.

Sign area on a secondary frontage shall not exceed fifteen percent of the area of the building face or two square feet per linear foot of secondary frontage, whichever is greater;

d.

The sign face shall not be located, such as by a cabinet, deep lettering, or architectural feature, more than eighteen inches from a building face.

2.

Permanent signs with twenty-five square feet or less of display area in commercial, industrial, institutional, mixed-use and multi-family zones:

Industrial zones—Seventy feet.

e.

Institutional zones—Fifty feet.

Rotating Signs in Commercial and Industrial Zones. Signs that rotate are restricted to no more than eight revolutions per minute. Rotating signs are allowable only in commercial and industrial zones.

J.

Projecting Signs in Commercial, Industrial, Mixed-Use, and Institutional Zones. Projecting signs may be installed and displayed, subject to a sign permit, in all commercial, industrial, mixed-use, and institutional zones, subject to:

1.

Projecting signs shall not project over any public right-of-way, including streets or alleys, except as provided in Subsection D, below;

2.

The maximum height of any projecting sign shall be twelve feet, and may project above any eave or parapet of less than twelve feet in height, but may not project inward over any such eave or parapet.

3.

Maximum display area for all sides: thirty-two square feet.

4.

Projecting signs may project over street parkways and required setback areas a maximum of one-half of the street parkway or setback width. For the purpose of this section, "street parkway" is defined as that part of the public street right-of-way lying between the front property line and the edge of the roadway.

5.

Number limit: No more than one projecting sign shall be placed on each street frontage per business premises.

6.

Qualification: A projecting sign shall be permitted only in lieu of a freestanding or marquee sign, and may not be utilized in addition to a freestanding or marquee sign.

7.

Design: Projecting signs shall be supported so as to appear to be an architectural and integral part of the building. The sign shall be free of any extra bracing, angle iron, guy wires, or cables.

K.

Digital Display Signs. Signs using digital display are allowed in the following zones: industrial, commercial, and mixed-use districts, subject to a sign permit, and subject to:

1.

Maximum height: the same rule that would apply to the same sign if it were not using digital display;

2.

Minimum requirement: digital display must be part of a master sign program;

3.

Maximum display area:

a.

For properties that front on arterial roadways, the digital display portion of the sign structure shall not exceed twenty-five percent of the allowable display area;

b.

For properties that front on highways, the digital display portion of a sign shall not exceed fifty percent of the allowable display area;

c.

Maximum Number: No more than one sign using digital display may be permitted on a site. The electronic message display may be single-faced or double-faced.

d.

Signs using digital display may not project moving images or images that appear to move; each still image must be on display a minimum of eight seconds; transitions between still images shall not exceed one second.

e.

Light Intensity: each sign using digital display shall include a photometric sensor that will adjust the intensity of the sign for daytime and nighttime viewing. The nighttime intensity shall be limited to 0.3 footcandles (over ambient levels) as measured at a preset distance as established by the Lewin Report as prepared for the Outdoor Advertising Association of America (OAAA). The city may modify or further restrict the intensity of any DAD display should the lighting create a distraction to drivers or an adverse effect on nearby residential property.

f.

Operational Hours: the digital display portion of any sign shall not be operated between the hours of 10:00 p.m. and 7:00 a.m.

g.

Signs using digital display shall be shielded or the light intensity reduced as necessary to prevent annoying glare impacting surrounding properties.

All new signs using digital display, which are not attached to a building, shall be mounted on one support column only.

i.

Signs using digital display may be located on the wall of a building, provided the sign does not obscure any of the building's windows, architectural features, or other architectural details.

j.

No sign using digital display may be placed within one mile of another sign using digital display on the same side of a highway. No sign using digital display may be placed within one thousand feet of another digital display on any street.

k.

Signs using digital display are limited to noncommercial messages and onsite commercial messages; such signs may not be used as billboards or for purposes of general advertising for hire.

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

18.47.090 - Temporary signs. ¶

All temporary signs must have attached to them contact information for the persons and/or entities placing the signs on public display. Such information must include, at a minimum, the name of the person(s) and/or entities, and currently valid contact information such as phone number, mailing address, or email address. The purpose of this requirement is to give the city a way to contact persons who exceeded the time limit or other rules regarding display of certain signs, and give them an opportunity to cure the violation. The contact information must be in an easily readable, common typeface, such as Times New Roman, Garamond, Helvetica, Arial, or similar. Type size much be at least ten point.

A.

Construction Site Signs. Temporary signs may be installed and displayed on construction sites without permit, subject to:

1.

The maximum total area for signs at single-family residential construction projects shall be twenty square feet per street frontage;

2.

The maximum area of signage at other construction projects shall be fifty square feet per street frontage;

3.

For any request for square-footage exceeding the limits set forth in Subsections A.1. and A.2., a temporary use permit is required, the granting or denial of which shall be based solely on objective criteria such as time, location, and size;

Displays do not exceed a height of twenty-five feet above the ground;

4.

Displays may not be used in place of a permanent sign.

B.

Other Commercial and Industrial Uses. Flags, banners, and pennants may be displayed on other commercial and industrial uses for a cumulative period of sixty days within each calendar year. The time limit commences when a banner permit is issued by the planning director. The sixty-day period may be divided into two occasions per calendar year, provided the total display time does not exceed sixty days per calendar year. A banner permit fee and an administrative fee in an amount representing the anticipated city enforcement costs in causing the applicant to remove flags or banners shall be paid to the city

treasurer at the time of application for site plan review. The administrative fee shall be refunded upon the verified removal of the flag or banner by the specified deadline.

C.

The following shall apply to all displays of commercial flags, banners, and pennants, except for displays on auto sales lots:

1.

Must be removed by the owner or occupant within fifteen days after a determination by the city manager or that the display is improperly maintained or the flag, banner or pennant is tattered or worn;

2.

Shall not be larger than forty square feet (cumulative of all visible copy/image areas);

3.

Shall not be displayed in lieu of a permanent sign;

4.

Shall not be placed on a roof, placed in required yard areas, or landscaped areas;

5.

Must be compatible with the primary building's appearance;

6.

Violation of the time limits shall render the site ineligible for issuance of a permit for display of a flag, banner or pennant for a period of one year from the date that the violation is abated;

7.

The restrictions of this section shall also apply to signs and banners located within the first eight feet of the interior of commercial or industrial premises when such sign or banner is visible to the exterior.

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

18.47.130 - Master sign programs. ¶

Purpose and Applicability. The purpose of the master sign program provisions is to provide a coordinated approach to signage for National City's business districts, which include but not limited to the Harbor District, Downtown, Mile of Cars, and Plaza Bonita. Whenever a development project will have six or more separately leased spaces, then a master sign program is required.

A.

Approval. A master sign program shall require the approval of the planning commission and the city council, after considering the proposed design standards.

B.

Design Standards. Master sign programs shall feature a unified and coordinated approach to the materials, color, size, type, placement, and general design of signs proposed for a project or property.

C.

Effect of Master Sign Program. All subsequent signs proposed for a development or property subject to an approved master sign program shall comply with the standards and specifications included in the master sign program.

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

18.47.140 - Nonconforming signs; abandoned uses. ¶

Signs that were legal when first installed, and which have not been modified or expanded in a manner that was illegal at the time of modification or expansion, may continue in use, so long as there is no modification or expansion which violates the regulations of this chapter. If the size or configuration of a parcel or building is changed by the subdivision or splitting of the property or alterations to the building or parcel, property identification signs and outdoor advertising signs on the resulting properties shall be required to conform to the sign regulations applicable to the newly created parcel or parcels, at the time such change becomes effective.

Notice of Violation. Whenever any sign or part thereof, other than those causing an immediate threat to the public health and safety, constitutes an illegal sign and/or is erected or maintained in violation of this chapter, the director shall give written notice to all responsible parties to remove the sign or to bring it into compliance. The notice shall specify the nature of the violation, and give directions for a cure, which may include complete removal or replacement by a specific date. The notice shall advise the permittee, owner, or person in charge of the sign of the hearing rights established by this chapter. The date for removal specified in the written notice shall not be less than ten days from the date of the mailing of the notice for permanent signs; and, the date for removal specified in the written notice for temporary signs shall not be less than seven days from date of the mailing of the notice. The responsible party receiving notice may request a hearing as detailed in Section 18.47.050.

F.

Removal of Uncured Violations. Whenever the responsible parties fail to comply with an order of the director made pursuant to this section, and the time for cure has elapsed without the cure being effected, the director may remove the sign, or order it removed, either by the city's own force or by a private party under contract. The expense of the removal may be charged, jointly and severally, to any and all responsible parties. Such amount shall constitute a debt owed to the city. No permit shall thereafter be issued to any permittee, owner, or person in charge of a sign who fails to pay such costs. Any costs, including attorney's fees, incurred by the city in collection of the costs shall be added to the amount of the debt.

G.

Cumulative Remedies. The provisions of this section are alternative and additional remedies for the enforcement of this chapter. Nothing in this section shall preclude the city from enforcing the provisions of this chapter by any other criminal, civil, or administrative proceeding.

"Development standard" shall have the meaning given that term by Government Code Section 65915.

5.

"Financial pro forma" means a financial report for density bonus projects that shall include identifiable, financially sufficient, and actual cost reductions achieved through any requested incentives or concessions,

as well as evidence that the cost reduction allows the developer to provide affordable rents or affordable sales prices.

6.

"Housing development" for the purpose of this chapter means construction projects consisting of five or more residential units, including single-family, multi-family, and mobile homes for sale or rent.

7.

"Lower income household" means households whose income is no more than eighty percent of the area median income of San Diego County, as established and amended time to time by Section 8 of the United States Housing Act of 1937, pursuant to Section 50079.5 of the California Health and Safety Code.

8.

"Maximum residential density" means the maximum number of residential units permitted by the city's General Plan Land Use Element and Land Use Code at the time of application, excluding the provisions of this chapter. In calculating the required number of dwelling units affordable to moderate, lower, or very lowincome households, any decimal fraction resulting from the applicable percent of the total units shall be rounded to the next larger whole number.

9.

"Moderate income household" means households whose income does not exceed one hundred twenty percent of the area median income of San Diego County, as established and amended time to time by Section 8 of the United States Housing Act of 1937, pursuant to Section 50093 of the California Health and Safety Code.

10.

"Non-restricted unit" means all units within a housing development as defined in this section, excluding the target units.

11.

"Target unit" means a dwelling unit within a housing development that will be reserved for sale to or rent to, and affordable to, very low, or moderate income households, or qualifying residents.

12.

"Very low-income household" means households whose income is no more than fifty percent of the area median income of San Diego County, as established and amended time to time by Section 8 of the United States Housing Act of 1937, pursuant to Section 50105 of the California Health and Safety Code.

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

18.48.030 - Applicability and eligibility

Applicants seeking a density bonus shall be subject to the eligibility requirements listed in this section. To be eligible for a density bonus, incentive or concession, waiver or reduction in development standards, and reduced parking ratios, a planned housing development shall contain at least one of the following:

1.

Ten percent of the total units of a housing development for lower income households.

2.

Five percent of the total units of a housing development for very low-income households.

3.

A senior citizen housing development, as defined in Sections 51.3 and 51.12 of the California Civil Code, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to the California Civil Code.

4.

Ten percent of the total dwelling units in a housing development are sold to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase.

5.

Ten percent of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the California Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). These units shall be subject to a recorded affordability restriction of fifty-five years and shall be provided at the same affordability level as very low-income units.

6.

Twenty percent of the total units for lower income students in a student housing development that meets the following requirements. The units described in this subparagraph shall be subject to a recorded affordability restriction of fifty-five years:

a.

All units in the student housing development will be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Associate of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. In order to be eligible under this subclause, the developer shall, as a condition of receiving a certificate of occupancy, provide evidence to the city that the developer has entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions.

b.

The applicable twenty percent units will be used for lower income students. For purposes of this clause, "lower income students" means students who have a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients.

c.

The rent provided in the applicable units of the development for lower income students shall be calculated at thirty percent of sixty-five percent of the area median income for a single-room occupancy unit type.

d.

The housing development will provide priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person's homeless status may certify a person's status as homeless for purposes of this subclause.

7.

One hundred percent of all units in the housing development, including total units and density bonus units, but exclusive of a manager's unit or units, are for lower income households, except that up to twenty percent of the units in the development, including total units and density bonus units, may be for moderateincome households.

B.

An applicant shall be ineligible for a density bonus or any other incentives or concessions under this section if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through a public entity's valid exercise of its police power; or occupied by lower or very low income households, unless the proposed housing development replaces those units, and either of the following applies:

1.

The proposed housing development, inclusive of the units replaced pursuant to this paragraph, contains affordable units at the percentages set forth in subdivision 18.48.040.

2.

Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower or very low-income household.

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

18.48.040 - Density bonus.

A.

In applications for projects meeting the minimum threshold of five units or more, the density bonus provisions set forth in Government Code Section 65915, as amended from time to time, shall apply.

B.

It is the intent of this chapter to ensure that all projects applying for the concessions and incentives of this chapter provide for affordable housing units that are comparable in size, design, and quality to the market units in the same project. The city manager or his/her designee, unless otherwise specified, shall have the discretion and authority to enforce this provision during the application process.

C.

An applicant shall agree to, and the city shall ensure, the continued affordability of all very low- and lowincome rental units that qualified the applicant for the award of the density bonus for fifty-five years, or longer if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

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

18.48.050 - Concessions, incentives, and development standards. ¶

A.

Requests for Incentives and Concessions. In applications for projects meeting the minimum threshold of five units or more, concessions and incentives including reductions in site development standards, modifications of zoning code or architectural design requirements, and other incentives or concessions defined in Government Code Section 65915(1) may be requested, consistent with the parameters enumerated below.

B.

Development Standards. Applicants may seek a waiver or modification of development standards that will have the effect of precluding the construction of a residential development meeting the criteria of Government Code Section 65915 at the densities or with the incentives or concessions permitted by that section.

C.

Financial Incentives. Nothing in this section requires the city to provide direct financial incentives for the residential development, including but not limited to the provision of publicly owned land, waiver of fees, off-site improvements, or dedication requirements.

D.

Density Calculations. All density calculations resulting in fractional units shall be rounded up to the next whole number. A general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval shall not be required.

E.

Concessions and Incentives.

1.

An applicant for a density bonus may submit to the City a proposal for the specific incentives or concessions that the applicant requests pursuant to this section, and may request a meeting with the City. The City shall grant the concession or incentive requested by the applicant unless the City makes a written finding, based upon substantial evidence, of any of the following:

a.

The concession or incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision 18.48.030.

b.

The concession or incentive would have a specific adverse impact upon public health and safety, or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

c.

The concession or incentive would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to lowincome and moderate-income households.

d.

The concession or incentive would be contrary to state or federal law.

2.

The applicant shall receive the following number of incentives or concessions:

a.

One incentive or concession for planned housing developments that include at least ten percent of the total units for lower income households, at least five percent for very low-income households, or at least ten percent for persons and families of moderate income in a development for which the units are for sale.

b.

Two incentives or concessions for planned housing developments that include at least seventeen percent of the total units for lower income households, at least ten percent for very low-income households, or at least twenty percent for persons and families of moderate income in a development for which the units are for sale.

c.

Three incentives or concessions for planned housing developments that include at least twenty-four percent of the total units for lower income households, at least fifteen percent for very low-income households, or at least thirty percent for persons and families of moderate income in a development for which the units are for sale.

d.

Five incentives or concessions for planned housing developments meeting the criteria of subparagraph (7) of paragraph (A) of subdivision 18.48.030. If the planned housing development is located within one-half mile of a major transit stop, the applicant shall also receive a height increase of up to three additional stories, or thirty-three feet.

e.

One incentive or concession for projects that include at least twenty percent of the total units for lower income students in a student housing development.

f.

Four incentives or concessions for projects that include at least sixteen percent of the units for very low income households or at least forty-five percent for persons and families of moderate income in a development in which the units are for sale.

F.

Waivers of Development Standards that Physically Preclude Construction.

1.

An applicant may submit to the City a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a housing development that meets the criteria of subdivision 18.48.030.

2.

A proposal for the waiver or reduction of development standards pursuant to this section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subparagraph (E) of subdivision 18.48.050.

G.

Density Bonus Amount. The City shall grant one Density Bonus, the amount of which is specified in this subsection, when an Applicant seeks and agrees to construct a housing development that meets the standards and criteria of the following specified housing unit types, detailed in subdivision 18.48.030.

1.

Common Interest Development.

a.

A common interest development in which ten percent of the total dwelling units are restricted for persons and families of moderate income, provided that all units in the development are offered to the public for purchase, shall be eligible for the following density bonus:

Percentage of Moderate-Income Units	Percentage Density Bonus
10	5
11	6
12	7
13	8
14	9
15	10
16	11
17	12
18	13
19	14
20	15
21	16
22	17
23	18
24	19
25	20
26	21
27	22
28	23
29	24
30	25
31	26
32	27
33	28
34	29
35	30
36	31
---	---
37	32
38	33
39	34
40	35
41	38.75
42	42.5
43	46.25
44	50

2.

A housing development in which ten percent of the total units are restricted for lower income households.

Percentage of Low-Income Units	Percentage Density Bonus
10	20
11	21.5
12	23
13	24.5
14	26
15	27.5
16	29
17	30.5
18	32
19	33.5
20	35
21	38.75
22	42.5
23	46.25
24	50

A development in which five percent of the total units are restricted for very low-income households.

Percentage of Very Low-Income Units	Percentage Density Bonus
5	20
6	22.5
7	25
8	27.5
9	30
10	32.5
11	35
12	38.75
13	42.5
14	46.25
15	50

4.

For housing developments consistent with Section 18.48.030 (A)(3), a senior citizen housing development or a mobilehome park that limits residency based on age, the density bonus shall be twenty percent of the number of senior housing units.

5.

For housing developments consistent with Section 18.48.030 (A)(5),a development with units that are restricted for transitional foster youth, disabled veterans, or homeless persons,, the density bonus shall be twenty percent of the number of the type of units giving rise to a density bonus under that subparagraph.

6.

For housing developments consistent with Section 18.48.030 (A)(6), student housing developments, the density bonus shall be thirty-five percent of the student housing units.

7.

For housing development consistent with Section 18.48.030 (A)(7), the following shall apply:

a.

Except as otherwise provided in clause (b), the density bonus shall be eighty percent of the number of units for lower income households.

No maximum density controls shall be placed if the development is located within one-half mile of a major transit stop.

8. Land donation.

When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the City in accordance with this subdivision, the applicant shall be entitled to a fifteen percent increase above the otherwise maximum allowable residential density for the entire development, as follows:

Percentage Very Low-Income	Percentage Density Bonus
10	15
11	16
12	17
13	18
14	19
15	20
16	21
17	22
18	23
19	24
20	25
21	26
22	27
23	28
24	29
25	30
26	31
27	32
28	33
29	34
30	35

development that exceeds the following ratios:

a.

Zero to one bedroom: one onsite parking space.

b.

Two to three bedrooms: one and one-half onsite parking spaces.

c.

Four and more bedrooms: two and one-half parking spaces.

2.

Notwithstanding subparagraph (1), if a housing development includes at least twenty percent low-income units for housing developments meeting the requirements of Section 18.48.030 (A)(1), or at least 11 percent very low-income units for housing developments meeting the criteria of Section 18.48.030(A)(2),, is located within one-half mile of a major transit stop, and there is unobstructed access to the major transit stop from the housing development, then, upon the request of the developer, the city shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per unit. Notwithstanding subparagraph (1), if a development includes at least forty percent moderate-income units for housing development meeting the criteria of Section 18.48.030 (A)(4), is located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code, and the residents of the development have unobstructed access to the major transit stop from the development then, upon the request of the developer, the city shall not impose a vehicular parking ration, inclusive of parking for persons with disability and guests, that exceeds 0.5 spaces per bedroom.

3.

Notwithstanding subparagraph (1), if a development meets the criteria of Section 18.48.030 (A)(7), then, upon the request of the developer, the city shall not impose vehicular parking standards if the development meets any of the following criteria:

a.

The housing development is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the housing development.

b.

The housing development is a for-rent housing development for individuals who are fifty-five years of age or older that complies with Section 51.2 and 51.3 of the Civil Code and the housing development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

c.

The development is either a special needs housing development, as defined in Section 51312 of the Health and Safety Code, or a supportive housing development, as defined in Section 50675.14 of the Health and Safety Code. A development that is a special needs housing development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times a day.

4.

If the total number of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subdivision, a housing development may provide onsite parking through tandem parking or uncovered parking, but not through on-street parking.

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

18.48.060 - Application requirements and review.

A.

Application Conference. Prior to submitting an application, an applicant proposing a housing development pursuant to this section shall schedule a pre-application conference with appropriate planning and/or housing division staff. The applicant should provide the following information:

1.

A brief description of the proposed development, including at a minimum the total number of units, total number of target units, and total number of density bonus units proposed.

2.

The combined general plan/zoning designations and assessor parcel number(s) of the project site.

3.

A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway and parking layout.

4.

If an additional incentive(s) is requested, the application should describe why the additional incentive(s) is necessary to ensure affordability of the target units and density bonus units proposed.

B.

Application/Processing. Requests for a density bonus and/or additional incentive(s) pursuant to this section shall be submitted to the planning division and processed pursuant to procedures in Division 1 for approval of a conditional use permit and concurrently with any other application(s) required for the development. In addition, applications shall include the following:

A description of any requested density bonuses, incentives, concessions, waivers or modifications of development standards, or modified parking standards.

2.

Identification of all affordable units qualifying for the project for a density bonus, and level of affordability of all affordable units.

3.

For waivers or modifications of development standards: evidence that the imposition of the development standards for which a waiver is requested will have the effect of precluding the construction of the residential development at the densities or with the incentives or concessions permitted by Government Code Section 65915.

C.

Findings for Approval. Before any density bonus and/or additional incentive is granted, the approving authority shall make the following findings:

1.

The residential development is eligible for a density bonus and any concessions, incentives, waivers, modifications, or reduced parking standards requested.

2.

The residential development conforms to all standards for affordability included in this chapter.

3.

If a waiver or modification is requested, the applicant has shown that the imposition of the development standards sought to be waived or modified will have the effect of physically precluding the construction of the development at the densities or with the incentives or concessions otherwise permitted by this chapter.

D.

Findings for Denial—Concessions, Incentives, Waivers, Modifications.

1.

Concessions or Incentives. The city may deny one or more requested concessions or incentives if, based on substantial evidence, the city makes either of the following findings:

a.

The concession or incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Section 65915(c); or

The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65598.5(d)(2), upon public health and safety or the physical environment, or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rending the development unaffordable to very low, low, and moderate income households.

2.

Waivers and Modifications. The city may deny one or more requested waivers or modifications if the city makes either of the following findings:

a.

The waiver or modification would have a specific adverse impact, as defined in Government Code Section 65598.5(d)(2), upon public health and safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or

b.

The waiver or modification would have a specific adverse impact on any real property that is listed in the California Register of Historical Resources.

E.

Deed Covenant. Approval of a density bonus and/or additional incentive(s) pursuant to this section shall require the recordation of a deed covenant recorded against the property to ensure the target unit(s) is maintained for affordability for the time period required prior to final map recordation or prior to the issuance of a building permit, if no subdivision of property is involved.

F.

Appeal Procedure. The decision of the planning commission to approve or deny a request for a density bonus, additional incentive(s), and/or waivers or modifications of development standards pursuant to this section may be appealed to the city council pursuant to procedures for appeal of other discretionary permit applications that are concurrently considered, or if no other discretionary permit applications are concurrently considered, the decision of the planning commission may be appealed pursuant to procedures specified in Section 18.12.110 (Conditional Use Permits) of the Land Use Code.

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

18.48.070 - Density bonus housing agreement.

A.

Agreement with the City. Applicants/developers requesting a density bonus shall enter into a density bonus housing agreement with the city. The terms of the draft agreement shall be approved by the executive director of the community development commission of the city of National City or his designee.

B.

Recordation. Following execution of the agreement by all parties, the completed density bonus housing agreement, or memorandum thereof, shall be recorded with the County of San Diego Recorders Office, and the conditions therefore filed and recorded on the parcel or parcels designated for construction of target units and a copy of the recorded document shall be provided to the city. Recordation of the agreement shall occur prior to recordation of a final map or prior to issuance of building permits, whichever occurs first. The density bonus housing agreement shall be binding to all future owners and successors in interest during the term of the agreement, unless rescinded by the city upon completion of terms of the agreement.

C.

Provisions of Agreement. The density bonus housing agreement shall include at least the following:

1.

The total number of units approved for the housing development, including the number of target units.

2.

A description of the household income group to be accommodated by the housing development, as outlined in Section 18.48.060 of this chapter, and the standards for determining the corresponding affordable rent or affordable sales price and housing cost.

3.

The location, unit sizes (square feet), and number of bedrooms of target units.

4.

Tenure of use restrictions for target units of at least ten or thirty years, in accordance with Section 18.48.060 of this chapter.

5.

A schedule for completion and occupancy of target units.

6.

A description of the density bonus, additional incentive(s) or equivalent financial incentives being provided by the city.

7.

A requirement to submit to the executive director of the community development commission of the city of National City or his designee for review and approval of an affirmative marketing plan, which details the actions the developer/applicant shall take to provide information and otherwise attract eligible persons to the available housing units without regard to race, sex, sexual orientation, marital status, familial status, color, religion, national origin, ancestry, handicap, age, or any other category which may be defined by law now or in the future.

A description of remedies for breach of the agreement by either party. The city may identify tenants or qualified purchasers as third party beneficiaries under the agreement.

9.

Other provisions to ensure implementation and compliance with this section.

10.

Provision allowing payment of fee by applicant to the city to recover their administrative expenses.

These standards serve as the minimum requirements and are mandatory for any eligible project for which a streamlined approval process is requested pursuant to state law provisions that reference objective design standards, found in Section 18.12.030 (Ministerial decision process). All projects must comply with provisions established by National City's Zoning Ordinance (Municipal Code, Title 18) and the goals, policies, and actions established in the General Plan that help ensure the city and its neighborhoods remain great places to live.

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

18.49.030 - Definitions. ¶

2.

Projects adjacent to a transit stop shall provide a direct connection between the transit stop and any pedestrian and bicycle entrances via walkways, paseos, sidewalks, or any other path of travel uninterrupted by a driveway or parking area.

C.

Air quality.

Projects located within five hundred feet of Interstate 5 shall require a health risk assessment to determine air quality impacts on sensitive uses.

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

a.

Changes in material from the remainder of the facade.

b.

Horizontal design features, such as water tables, belt courses, or belly bands to transition to the upper stories.

B.

Ground floor height.

Mixed-use projects in mixed-use zones with ground floor non-residential uses shall have a minimum ground floor ceiling height of fourteen feet.

2.

Projects within the Downtown Specific Plan area with ground floor residential uses shall have a minimum ground floor ceiling height of twelve feet.

3.

Mixed-use projects in the Downtown Specific Plan area with ground floor non-residential uses shall have a minimum ground floor ceiling height of fifteen feet.

C.

Windows.

1.

Projects with residential uses along street frontages, including residential units over non-residential uses, shall provide clear glass windows or doors of at least thirty percent transparency.

2.

Mixed-use projects with retail and office uses along street frontages within a mixed-use zone or the Downtown Specific Plan area shall have transparent windows and doors of a minimum of sixty percent transparency to provide views into the building. Views into the building shall not be blocked by shelving or displays.

3.

Projects shall provide double-glazed windows for all residential units.

D.

Accessory structures.

1.

Accessory structures shall match the residential development by using the same roof form, overhangs, trims, windows, and colors.

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

18.49.070 - Building equipment and service areas.

A.

E.

Storage facilities.

1.

Multi-family units shall be provided with a minimum of one hundred and fifty-cubic feet for storage space per dwelling unit plus fifty-cubic feet for each additional bedroom more than one. Bedroom closets and cubic feet utilized by mechanical equipment shall not be included in the cubic feet requirement.

2.

Outdoor storage areas shall be located to the rear of a building and enclosed by solid decorative masonry walls and view-obstructing gates, both to be not less than six feet in height to adequately screen such areas from view.

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

18.49.080 - Fence and walls. ¶

A.

Standards.

1.

Fence and walls standards are found in Section 18.43 (Fences and walls).

B.

Height.

1.

Standards for fence and wall heights are found in Section 18.43.050 (Maximum height).

C.

Materials.

1.

Fences shall be constructed of wood, vinyl, decorative iron, or welded steel. If wood is used, it shall consist of pressure-treated wood posts set in concrete footings, barbwire, electrified fence, chain link, and razor

wire are prohibited.

2.

All fences along a public street shall be constructed of decorative iron or welded steel.

3.

Masonry walls are allowed and shall conform to the requirements of the California Building Code and will require a building permit.

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

Up to a maximum of forty percent of the required common usable open space may be provided indoors.

3.

Common usable open space areas shall be provided with minimum length and width dimensions of twenty feet.

C.

Amenities.

1.

Projects with twenty-five or more units shall include at least one amenity from the following options:

Active recreational facilities, such as sports fields, sports courts, or areas for recreational/exercise equipment, with a minimum area of four hundred square feet.

b.

Passive recreational facilities, such as paseos, plazas, or shaded gathering areas, with a minimum area of four hundred square feet.

c.

Community or rooftop gardens with a minimum area of four hundred square feet.

d.

Playgrounds or tot lots with a minimum of three structured play modules and a seating area.

e.

Lounge or reading area with a minimum area of four hundred square feet.

f.

Video screening room with a minimum area of four hundred square feet.

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

18.49.110 - Landscaping.

Landscaping.

1.

The landscape plan, plant materials, turf lawn, and both soil and mulching shall comply with standards held within Section 18.44 (Landscaping).

Location.

1.

All common space areas, building entries, and pedestrian walkways shall be landscaped with defined edges.

2.

Projects in residential zones shall have landscaped pedestrian walkways with shade trees at intervals of thirty feet. At least fifty percent of street trees shall be deciduous trees to shade walkways in summer and allow for the sun in winter.

3.

Projects with residential uses on the ground floor shall provide landscaping along the street frontage to create a buffer between the sidewalk and the residential units. The landscaped setback shall not be less than three feet.

4.

For projects in mixed-use zones and the Downtown Specific Plan area, a tree canopy shall be provided along the street frontage by installing shade trees at intervals of thirty feet or less. A minimum distance of twelve feet shall be provided between the center of the tree and the edges of the building.

Trees.

1.

Tree species for projects located in residential and mixed-use zones shall be selected in accordance with the National City Urban Forest Management Plan.

2.

Tree species for projects within the Downtown Specific Plan area shall be selected following Section 7.7.10.1 (Street trees guidelines) of the National City Downtown Specific Plan.

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

18.49.120 - Parking.

A.

Parking requirements.

1.

Parking requirements for multi-unit and mixed-use projects shall conform with the standards established in 18.45.050 (Off-street parking requirements by land use) and Table 18.45.050 (Schedule of off-street parking requirements by land use).

B.

Location and access.

1.

E.

Vehicle Parking.

1.

Parking structures shall be integrated into the design of the multi-unit project and shall be consistent with the articulation and design of the building facade. Parking shall incorporate screening elements including faux building facades and/or artistic elements along the full length of the facade.

2.

Glare-free, dark-sky compliant fixtures shall be utilized to prevent uneven light distribution and trespass or glare outside the structure or property line.

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

18.49.130 - Bicycle parking.

A.

Long-term bicycle parking.

Multi-unit projects shall provide one long-term bicycle parking/storage space for every two units.

2.

Long-term bicycle parking shall be located on the ground floor or first level of the parking structure in a secured location within proximity to the public street.

3.

Bicycle spaces shall not be located within required storage areas for the building; however, they may be located in common areas with direct access to the street.

4.

Each required bicycle parking space shall be accessible without moving another bicycle.

Short-term bicycle parking.

1.

Standards for short-term bicycle parking are found in Section 18.45.120 (Bicycle parking).

2.

Projects shall provide one short-term bicycle parking space for every ten parking spaces.

3.

Bicycle parking facilities shall be placed so the full length of the rack remains clear of pedestrian/wheeled user and vehicular access.

4.

Each required bicycle parking space shall be accessible without moving another bicycle.

5.

Bicycle parking facilities shall be in well-lit and convenient areas on private property within fifty feet of the main entrance to the building.

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

18.49.140 - Lighting. ¶

A.

General standards.

1.

All outdoor lighting shall comply with the standards held within Section 18.46 (Outdoor lighting).

B.

Lighting for multi-unit attached residential projects.

1.

All walkways, steps, parking areas, driveways, onsite streets, and other facilities shall be illuminated to ensure safe and convenient nighttime use.

2.

All fixtures shall be fully shielded and directed downward to direct light to fall on the same premises upon which the light is located and prevent light from entering habitable rooms and enclosures.

3.

All bicycle parking and storage areas shall be illuminated.

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

Chapter 18.50 - FLOOR AREA RATIO BONUS REGULATIONS

18.50.010 - Purpose. ¶

A.

The purpose of these regulations is to provide a floor area ratio-based density bonus incentive program for development within areas served by transit that provides housing for very low-income or low-income households and other community benefits. These regulations are intended to materially assist in providing adequate housing for the community, to provide a balance of housing opportunities within the city of National City with an emphasis on housing near transit, and to provide community benefits that assist with uplifting the quality of life for residents and reducing the impacts of gentrification and tenant displacement, including those displaced by government declared state of emergencies. For purposes of this opt-in program, two floor area ratio (FAR) tiers (FAR Tier 1 and FAR Tier 2, as described below) would apply and would supersede the dwelling unit per acre maximums allowed by the base zones. The following base zones are included as part of this program: MCR-1; MCR-2; MXC-1; MXC-2; MXD-1; MXD-2; RM-1; RM-2; RM-3; MXT. New development shall comply with the underlying development standards of the zone in which the property is located, unless otherwise waived by this chapter.

These regulations do not implement California Government Code Section 65915 (State Density Bonus Law), which is implemented through Chapter 18.48 (Density Bonus and Affordable Housing Incentives).

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

18.50.020 - Definitions.

A.

For purposes of this Division, the following definitions shall apply:

1.

FAR Tier 1 means any premises where any portion of the premises is outside the Downtown Specific Plan area.

a.

Tier 1: 2.5 FAR Bonus Zones: MCR-1; MCR-2/TOD; RM-1; and MXT.

B.

The regulations in this Division shall not apply to the following types of development:

1.

Development that proposes to concurrently utilize the density bonus provided in Chapter 18.48 (Affordable Housing Regulations). Existing development that was constructed in accordance with the Affordable Housing Regulations situations in which and an applicant proposes to construct additional dwelling units through a new development application may utilize this Division to add gross floor area and density if the

The development shall replace all existing and demolished affordable dwelling units on the premises. Affordable dwelling units are defined as:

The displaced occupants are entitled to payment for actual moving and related expenses that the Housing Authority determines to be reasonable and necessary.

b.

For any very low- or low-income household displaced by conversion, the applicant shall pay to such household an amount in accordance with Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the California Government Code.

c.

For a development, seventy-five percent of the affordable dwelling units in the development that are reserved for very low-income or low-income households, shall give priority: first to National City residents that may have been displaced in the preceding ten year time frame from their rental units located in the jurisdictional boundary limits of National City and can demonstrate proof of National City residency from those ten years and second to residents living in the jurisdictional boundary limits of National City at the time of application.

7.

All for-sale replacement affordable dwelling units shall be subject to the following provisions:

The initial occupant of all for-sale affordable dwelling units shall be a very low-income or low-income household.

b.

Prior to, or concurrent with, the sale of each affordable dwelling unit, the applicant shall require the buyer to execute and deliver a promissory note in favor of the National City Housing Authority so that the repayment of any initial subsidy is ensured.

c.

Each for-sale affordable dwelling unit shall be occupied by the initial owner at all times until the resale of the affordable dwelling unit.

d.

Upon the first resale of an affordable dwelling unit, the seller shall comply with all conditions regarding the sale of a dwelling unit, as applied by the National City Housing Authority, and as set forth in California Government Code Section 65915(c)(2).

8.

Development shall comply with the California Department of Housing and Community Development Tenant Preference policies contained within Government Code Section 7061. Furthermore, development shall comply with the city of National City Preference Policy as stipulated in Resolution 2016-38.

C.

The applicant shall provide existing residents of affordable dwelling units with all of the following:

1.

The ability to occupy their existing units until six months before the start of construction activities with proper notice, pursuant to California Government Code Sections 7260 through 7277. Any existing residents will be allowed to occupy their existing dwelling units until six months before the start of construction activities with proper notice, which shall occur at least twelve months prior to the anticipated date of termination of tenancy. The property owner shall deliver a written notice of intent to terminate tenancy to the National City Housing Authority and to each tenant household as part of the development permit application.

2.

To those households that remain in a protected affordable dwelling unit, the applicant shall provide:

a.

Relocation benefits pursuant with the requirements of California Government Code Sections 7260 through 7277 for public agencies. The applicant or applicant's agent shall engage a qualified third-party contractor or consultant to oversee the provision of the required relocation benefits. The third-party contractor or

consultant shall provide a letter to the National City Housing Authority certifying compliance with the relocation benefits requirements after completion of the relocation process.

b.

A right of first refusal for a comparable dwelling unit available in the new development affordable to the household at an affordable rent or affordable housing cost based on household income in accordance with Table 143-12A.

c.

Residents living within one mile of the development at the time of application shall receive priority for seventy-five percent of the affordable dwelling units in the development that are reserved for very lowincome or low-income households. For National City residents who resided in National City for a period of three months or longer and who may have been displaced from their rental units in the preceding ten year time frame and can demonstrate proof of National City residency from those ten years, those residents shall be eligible to receive priority for seventy-five percent of the new affordable dwelling units.

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

18.50.050 - Tenant benefits, rights, and obligations.

A.

The subdivider of a condominium conversion project shall provide the benefits specified in Section 18.30.090 (C) to persons whose tenancy in very low- and low-income units is in a project the subdivider terminates due to the condominium conversion.

B.

The applicant shall provide a relocation assistance payment to all tenants of the project including:

1.

A relocation payment of three months' rent based on the current National City "fair market rent" for apartment size, as established by the U.S. Department of Housing and Urban Development. The relocation payment shall be paid no later than the day on which the applicant gives notice to the tenant to vacate the premises and shall be based upon the fair market rent at the time of the notice.

2.

The applicant shall provide relocation benefits pursuant to California Government Code Sections 7260 through 7277 for public agencies.

3.

The applicant or applicant's agent shall engage a qualified third-party contractor or consultant to oversee the provision of the required relocation benefits.

The third-party contractor or consultant shall provide a letter to the National City Housing Authority certifying compliance with the relocation benefits requirements after completion of the relocation process.

C.

Any existing tenants in the project will be allowed to occupy their existing dwelling units until six months before the start of construction activities with proper notice, which shall occur at least twelve months prior to the anticipated date of termination of tenancy. The property owner shall deliver a written notice of intent to terminate tenancy to the National City Housing Authority and to each tenant household as part of the submission of a development permit.

D.

Displaced residents may relocate to a dwelling unit in National City or outside of the city's jurisdiction and remain eligible to apply for affordable housing opportunities within a ten-year period of vacating the affordable dwelling unit in which the resident established residency for a period of at least three months in National City.

Provides at least ten percent of the post-density bonus rental dwelling units in the development as threebedroom units, excluding any additional dwelling units allowed under the FAR bonus, for rent by lowincome households, including an allowance for utilities, which does not exceed thirty percent of eighty percent of the AMI, as adjusted for household size.

3.

For rental dwelling units to be counted as affordable and meet the requirements of this Division, the following qualifying criteria shall be met:

a.

The affordable dwelling units shall be comparable in bedroom mix and amenities to the market-rate dwelling units in the development, as determined by the National City Housing Authority, except that the affordable dwelling units shall not be required to exceed three bedrooms per dwelling unit. The affordable dwelling units shall have access to all common areas and amenities provided by the development. The square footage and interior features of the affordable units shall be good quality and consistent with current building standards for new housing in the city of National City.

b.

The affordable dwelling units shall remain available and affordable for a period of at least fifty-five years, unless one hundred percent of the dwelling units in the development are affordable and the development is owned and operated by an institution of higher education, including a community or junior college, college

or university, or a religious institution-affiliated housing development project, as defined in California Government Code Section 65913.6, in which case the affordable dwelling units shall remain available and affordable for a period of at least twenty-five years.

B.

Nothing in this Division shall preclude an applicant from using affordable dwelling units constructed by another applicant to satisfy the requirements of this Division, including contracting with an affordable housing developer with experience obtaining tax-exempt bonds, low-income housing tax credits, and other competitive sources of financing, upon approval by the National City Housing Authority.

Incorporate a transition plane in the development that does not exceed a sixty-five degree angle.

a.

The transition plane for the development shall start from the shared property line with the RS zone and extend 1/3 of the lot depth.

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

DIVISION 5. - GLOSSARY Chapter 18.60 - Glossary

18.60.010 - Generally. ¶

For the purpose of carrying out the provisions of this title, the words, phrases, and terms included herein shall be deemed to have the meaning ascribed to them in this chapter.

Abut or abutting. "Abut" or "abutting" means the same as "adjoining" and "contiguous."

Access. "Access" means the place or way by which pedestrians and vehicles shall have safe, adequate and suitable ingress and egress to a property or use as required by this title.

Accessory building or structure. "Accessory building or structure" means a subordinate building or structure, the use of which is incidental to that of and separate from the main building or primary structure and is located on the same lot.

Administrative services. "Offices, administrative, clerical or public contact services that deal directly with the citizen, together with incidental storage and maintenance of necessary vehicles. Typical uses include federal, state county and city offices."

Accessory Dwelling Unit (ADU): "Accessory Dwelling Unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An ADU also includes an efficiency unit and a manufactured home, as defined in Section 18007 of the Health and Safety Code. Refer to Section 18.030.380 for ADU regulations.

Accessory use. "Accessory use" is a use, occupying no more than forty percent of the lot, conducted on the same lot as the principal use or structure to which it is related, except that where specifically provided in the parking and loading regulations, accessory off-street parking or loading need not be located on the same lot; and, a use which is clearly incidental to and customarily found in connection with such principal use, and which is either in the same ownership as such principal use or is maintained and operated on the same lot substantially for the benefit or convenience of the owners, occupants, employees, customers, or visitors of the principal use.

Addition. "Addition" means the result of any work that increases the volume of an existing structure or replaces a demolished portion. Compare "alteration" and "structural alteration."

Adjacent. "Adjacent" refers to two or more lots or parcels of land separated only by an alley, or located in close proximity to each other; or two or more objects that lie near or close to each other. Compare "adjoining."

Adjoining. "Adjoining" refers to two or more lots or parcels of land sharing a common boundary line, or two or more objects in contact with each other. Synonyms are "contiguous" or "abutting."

Adult day health care center. "Adult day health care center" means a facility for seniors which provides care, protection and activities on a less than twenty-four-hour basis under the supervision of professional staff. The establishment shall be licensed by the state and conducted in accordance with state requirements.

Advertising. For definitions relating to advertising, see sign-related definitions.

Affordable Housing Cost. "Affordable Housing Cost", in accordance with the California Health and Safety Code, means:

(1)

For extremely low-income households the product of thirty percent times thirty percent of the area median income adjusted for family size appropriate for the unit.

(2)

For very low-income households the product of thirty percent times fifty percent of the area median income adjusted for family size appropriate for the unit.

(3)

For lower income households whose gross incomes exceed the maximum income for very low-income households and do not exceed seventy percent of the area median income adjusted for family size, the

product of thirty percent times seventy percent of the area median income adjusted for family size appropriate for the unit. In addition, for any lower income household that has a gross income that equals or exceeds seventy percent of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable housing cost not exceed thirty percent of the gross income of the household.

(4)

For moderate-income households, affordable housing cost shall not be less than twenty-eight percent of the gross income of the household, nor exceed the product of thirty-five percent times one hundred and ten percent of area median income adjusted for family size appropriate for the unit. In addition, for any moderate-income household that has a gross income that exceeds one hundred and ten percent of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable housing cost not exceed thirty-five percent of the gross income of the household.

Affordable Rent. "Affordable Rent", in accordance with the California Health and Safety Code, means:

(1)

For extremely low-income households the product of thirty percent times thirty percent of the area median income adjusted for family size appropriate for the unit.

(2)

For very low-income households, the product of thirty percent times fifty percent of the area median income adjusted for family size appropriate for the unit.

(3)

For lower income households whose gross incomes exceed the maximum income for very low-income households, the product of thirty percent times sixty percent of the area median income adjusted for family size appropriate for the unit. In addition, for those lower income households with gross incomes that exceed sixty percent of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable rent be established at a level not to exceed thirtypercent of gross income of the household.

(4)

For moderate-income households, the product of thirty percent times one hundred and ten percent of the area median income adjusted for family size appropriate for the unit. In addition, for those moderateincome households whose gross incomes exceed one hundred and ten percent of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable rent be established at a level not to exceed thirty percent of gross income of the household.

Agent of owner. "Agent of owner" means any person who can show certified written proof that he is acting for the property owner.

Agricultural or agriculture. "Agricultural" or "agriculture" means the use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and

poultry husbandry, and the necessary accessory uses for handling, treating or storing the produces; provided, however, that the operation of any such accessory use shall be secondary to that of the normal agricultural activity.

Air contaminant. "Air contaminant" means particulate matter, dust, fumes, gas, mist, smoke, vapor, or any combination thereof having or tending to have a deleterious effect on human beings, vegetation, animals or property.

Alley. "Alley" means a public or private right-of-way, other than a street or highway, permanently reserved as a means of providing secondary vehicular access to abutting properties.

Alteration. "Alteration" means any work on a structure that does not result in any addition to the structure. Compare "addition" and "structural alteration."

Amendment. "Amendment" means a change in the wording, context or substance of this title, or a change in the zoning maps, which are part of this title when adopted by ordinance of the city council in the manner prescribed by law.

Anchor. "Anchor" means a large store, such as a department store or supermarket, that is prominently located in a shopping mall to attract customers who are then expected to patronize the other shops in the mall. See also "large format retail."

Animal boarding/kennel, small. The provision of temporary shelter and care for small animals on a commercial basis. Small animals include domesticated animals or household pets commonly maintained in residence with humans.

Animal hospital. For a definition of "animal hospital," see "veterinary hospital."

Animal husbandry. "Animal husbandry" is the care and breeding of domestic agricultural animals such as chickens and other fowl and horses.

Arcade. A covered walkway composed of a succession of arches supported by columns.

Architectural projection. For this definition, see "projection, architectural."

Area. "Area" means the same as "net area," unless otherwise specified.

Area, net. "Net area" means that area of a lot or parcel of land exclusive of public alleys, highways or streets; or proposed public facilities such as alleys, highways, or streets or other necessary public sites when included within a proposed development project; or other public or private easements where the owner of the servient tenement does not have the right to use the entire surface of the land.

Articulation. "Articulation." The degree or manner in which a building wall or roofline is made up to distinct parts or elements. A highly articulated wall will appear to be composed of a number of different planes, usually made distinct by their change in direction (projections and recesses) and/or changes in materials, colors, or textures.

Assembly building. "Assembly building" means a building or a portion of a building used for gathering for such purposes as deliberation, worship, auditorium, church or chapel, dance floor, lodge rooms,

conference rooms, dining rooms, drinking establishments, exhibit rooms, or lounges.

Assembly and light manufacturing/processing. Assembly, light manufacturing, and processing uses have no objectionable environmental influences by reason of the emission of odor, heat, smoke, noise, and vibration and do not use explosive or petroleum materials. Such uses may include manufacturing, printing, assembling, processing, repairing, bottling, or packaging of products from previously prepared materials (excluding the assembly of large equipment and machinery); manufacturing of electrical and electronic instruments, devices and components, furniture, tools, clothing and shoes, toys and novelties, renewable energy infrastructure; artist studios;, dyeing and cleaning plants, except large-scale operations; and any other limited manufactured/processing use which is determined by the city to be of the same general character as the uses listed here.

Assisted living facility. "Assisted living facility" means a complex that is designed to accommodate primarily the elderly but may accommodate others, with staff personnel and programs to assist residents with many activities of daily living. Units may or may not have kitchens, but meals are provided in a central location. Units usually rent on a monthly basis.

Auto body uses. A building or portions of a building where painting and interior and body modifications or repairs are performed on motor vehicles and trailers, including associated floor space used for offices, parking or showrooms. This includes shops that specialize in collision repair work; customization work on the body and interior of vehicles for aesthetic purposes or for the physically disabled, or other customers with special requirements; painting for post-collision, refurbishment or customization; and restoration of classic and antique vehicles.

cluding associated floor space used for offices, parking or showrooms. This includes shops that specialize in collision repair work; customization work on the body and interior of vehicles for aesthetic purposes or for the physically disabled, or other customers with special requirements; painting for post-collision, refurbishment or customization; and restoration of classic and antique vehicles.

Automobile, abandoned. "Abandoned automobile" means any motor vehicle which is required to be registered by the California Vehicle Code when operated upon a highway and whose registration has been expired for a period of six months or more. However, a motor vehicle stored within a permitted building or structure shall not be considered to be an abandoned automobile.

Automobile and trailer sales area. "Automobile and trailer sales area" means an open area, other than a street, used for the display, sale or rental of new or used automobiles or trailers and where no repair work is done except minor incidental repairs of automobiles or trailers to be displayed, sold or rented on the premises.

Automobile dismantling yard or automobile wrecking yard. "Automobile dismantling yard" or "automobile wrecking yard" means any premises used for the dismantling or wrecking of vehicles required to be registered under the California Vehicle Code, including the buying, selling or dealing of such vehicles or the integral parts or component materials thereof, or the storage, sale or dumping of dismantled, partly dismantled or wrecked inoperative vehicles. "Automobile dismantling" shall not include the incidental storage of inoperative or disabled vehicles in connection with a legal operation of an automobile repair garage, automobile body and fender repair shop, or automobile impound yard. See "scrap metal processing."

Automobile impounding yard. "Automobile impounding yard" means facilities maintained by a permittee, on contract with the city, for the temporary storage of vehicles legally removed or impounded by a peace officer from public or private property as prescribed by law.

Automobile parking. For definitions relating to automobile parking, see "parking lot" and parking-related definitions.

Automobile repair, major. "Major automobile repair" means repair involving removal of heads, pans, transmissions; repairing, replacing, or overhauling of engines, motor transmissions; repairing or replacing driving mechanisms, steering mechanisms, differential assemblies; and repairing or replacing any other major automotive part or parts.

Automobile repair, minor. "Minor automobile repair" means the sale, installation, and servicing of tires, batteries, automotive accessories and replacement items, engine tune-up, replacing points and plugs, carburetor overhaul; brake replacement and drum turning; alignment work, wheel balancing; replacing shock absorbers; air conditioning service; washing and lubricating services; steam cleaning; and supplying other incidental customer services and products.

ale, installation, and servicing of tires, batteries, automotive accessories and replacement items, engine tune-up, replacing points and plugs, carburetor overhaul; brake replacement and drum turning; alignment work, wheel balancing; replacing shock absorbers; air conditioning service; washing and lubricating services; steam cleaning; and supplying other incidental customer services and products.

Automobile service station. "Automobile service station" means a retail place of business engaged in the sale of motor fuels and in supplying goods and services generally required in the operation and maintenance of automotive vehicles and the fulfilling of motorist needs. These shall include free restroom facilities for service station customers, and may include any of the items included under "major automobile repair" or "minor automobile repair."

Automobile wrecking. For a definition of "automobile wrecking," see "automobile dismantling, or wrecking yard."

Awning. "Awning" means a temporary shelter supported by an exterior wall of a building and of a type which can be retracted, folded or collapsed against the face of the supporting building.

Balcony. "Balcony" means an unroofed platform enclosed by a railing or parapet projecting from the wall of a building for the private use of tenants or for exterior access to the above-grade living units. When a balcony is roofed and enclosed with operating windows, it is considered part of the room it serves.

Bar/nightclub. "Bar/nightclub" includes restaurants with dancing after dinner hours, cocktail lounges, bars, establishments that provide live entertainment, and similar uses.

Basement, or a definition of "basement," see the Uniform Building Code.

Batching plant. "Batching plant" means a plant for the manufacture or mixing of concrete, cement, and concrete and cement products, including any apparatus and uses incident to such manufacturing and mixing.

Bed and breakfast inn. "Bed and breakfast inn" means a residential building containing a specified number of guest rooms occupied by a specific number of persons, which provides living units and limited refreshments for transient guests, and which is managed and occupied by the owner of the property.

Bedroom. "Bedroom" means a private room intended for or capable of being used for sleeping, separated from other rooms by a door, having a window and closet/storage nook, and accessible to a bathroom without crossing another bedroom.

Beginning of construction. "Beginning of construction" means demolition, elimination and removal of an existing structure preparatory to new construction, or the incorporation of labor and materials in the foundation of a building or buildings.

Billboard or outdoor advertising structure. For definitions relating to billboards or outdoor advertising structures, see sign-related definitions in Chapter 18.47.

Block. "Block" means the land adjoining one side of a street between two consecutive junctions of said street with streets, railways, rights-of-way, or waterways crossing or meeting said side of said street.

Body piercing. "Body piercing" means penetrating the skin to make a hole, mark, or scar that is generally permanent in nature to place jewelry or objects of metal or plastic on any area for cosmetic purposes. "Body piercing" does not include practices that are considered medical procedures or the puncturing of the outer perimeter or lobe of the ear using a pre-sterilized, single-use stud and clasp ear piercing system.

Bona fide public eating place. "Bona fide public eating place" means a place which is regularly and in a bona fide manner, used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with

the proper amount of refrigeration for keeping of food on said premises and must comply with all the regulations of the local department of health. "Meals" mean the usual assortment of foods commonly ordered at various hours of the day; the service of such food and victuals only as sandwiches or salads shall not be deemed a compliance with this requirement. "Guests" mean persons who, during the hours when meals are regularly served therein, come to a bona fide public eating place for the purpose of obtaining, and actually order and obtain at such time, in good faith, a meal therein. Nothing in this section, however, shall be construed to require that any food be sold or purchased with any beverage.

Breweries, small. "Small breweries" are those breweries producing sixty thousand barrels a year or less.

Breweries, large. "Large breweries" are those breweries producing more than sixty thousand barrels a year.

Brewery. "Brewery" means an establishment which is licensed by the California Department of Alcoholic Beverage Control under a Type 1 or Type 23 to manufacture and sell alcoholic beverages on the premises for on-site or off-site consumption. Minors are allowed on the premises (per ABC Type 1 and Type 23 license regulations).

Brewery tasting room. "Brewery tasting room" means an establishment which is licensed by the California Department of Alcoholic Beverage Control under a Type 1 or Type 23 (Beer Manufacturer or Small Beer Manufacturer respectively) duplicate license to sell malt beverages the licensee produces for on-site and off-site consumption; including sales of sealed containers (commonly known as growlers) for off-site consumption. Only beer produced by the master licensee may be sold and/or consumed at the location. Minors are allowed on the premises (per ABC Type 1 and Type 23 license regulations).

Buildable area. "Buildable area" means the same as "net area."

Building. For a definition of "building," see the Uniform Building Code.

Building bulk. "Building bulk" means the size of buildings or other structures and their relationships to each other and to open areas and lot lines. Regulations controlling bulk include maximum height, maximum lot coverage, maximum floor area ratio, minimum size of yards and setbacks, shape of buildings or other structures, the area of the lot upon which a residential building is located, and the number of dwelling units or rooms within such building in relation to the area of the lot.

Building height. For a definition of "building height," see the Uniform Building Code.

Building line. "Building line" means a line established by law or agreement usually parallel to the property line beyond which a structure may not extend.

Building lot coverage. See "lot coverage."

Building, main or primary. "Main building" means any building in which is conducted the principal use of the building site on which it is situated. In any residential zone, any dwelling shall be deemed to be a main building on the building site on which it is located.

Building site. "Building site" means:

1.

The ground area of one lot; or

2.

The ground area of two or more lots when used in combination for a building or permitted group of buildings, together with all open spaces as required by this title. See "lot."

Bulk distributing station, hazardous materials. "Hazardous materials bulk distributing station" means any distributing station for hazardous materials where there is located a loading rack and which is not an integral part of a refinery, natural gasoline plant, or crude petroleum producing or pipeline operation.

Cabaret. "Cabaret" means a cafe, restaurant, bar or other public establishment that serves food or alcoholic or nonalcoholic beverages, or both, where entertainment is regularly provided by paid or unpaid performers or musicians, or dancing is regularly allowed to the accompaniment of recorded or live music or rhythmic sound.

Camper. For a definition of "camper," see "recreational vehicle." Compare "mobile home."

Camp, tourist. For this definition, see "tourist camp."

Camp, youth. For this definition, see "youth camp."

Canopy. "Canopy" means a roof-like projection extending horizontally from a structure, usually made of metal, over a sidewalk or driveway for protection from sun or rain.

Car. For definitions relating to cars, see "motor vehicle," "vehicle," and other automobile-related definitions.

Carport. "Carport" means an accessory structure or portion of a principal structure, consisting of a roof and supporting members such as columns or beams, unenclosed from the ground to the roof on at least two

sides, and designed or used for the parking or temporary storage of motor vehicles of owners or occupants of the structure to which it is accessory.

Car wash, automatic. An "automatic car wash" means a building or portion thereof containing facilities for washing vehicles, using conveyorized and/or mechanized equipment where the washing of the vehicle is performed by the equipment.

Car wash, full service. A "full service car wash" means a building or portion thereof containing facilities for washing vehicles, using conveyorized and/or mechanized equipment where the washing of the vehicle is performed by the equipment and an employee or employees of the facility assist in performing other services such as cleaning, drying, vacuuming, waxing, detailing, or similar services on the vehicle.

Car wash, manual. A "manual car wash" means a building or portion thereof containing self-service facilities where the washing of the vehicle is performed by the customer.

Cellar. For a definition of "cellar," see the Uniform Building Code.

Cemetery. "Cemetery" means land used or intended to be used for the burial or interment of the dead and dedicated for such purposes, including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.

Certificate of occupancy. "Certificate of occupancy" means a required document issued by the department of building and housing prior to the occupation or use of vacant land, except for agricultural uses, or prior to occupation or use of buildings erected or structurally altered.

Child day care center. "Child care center" means any child care facility of any capacity, other than a child day care home, in which less than twenty-four-hour per day nonmedical care and supervision are provided to children in a group setting.

Children's home. "Children's home" means one or more buildings used for the semi-permanent, twentyfour-hour care of orphans or other children deprived of parental care, operated by a public agency or a philanthropic or charitable organization, but shall not include commercial enterprises operated by such organization or a correctional institution.

Circus and/or carnival. "Circus" and/or "Carnival" means a temporary outdoor amusement center, bazaar or fair, either involving use of special purpose equipment or conducted by professional operators, or both, and where activities include such things as rides, exhibitions, food service, sales, or small-scale games.

City council. See Chapter 2.04.

City manager. See Chapter 2.01.

Civic, fraternal, community, and cultural facilities. "Civic, fraternal, community, and cultural facilities" means a facility operated entirely on a public or nonprofit basis for the purpose of providing education, information, training, and/or entertainment of a civic or cultural nature. Such facilities include, but are not limited to, libraries, museums, and community centers.

Clinic. "Clinic" means any facility used for the care, diagnosis and treatment of sick, active, infirm or injured persons and those who are in need of medical, dental or surgical attention, but who are not provided with

board or room, or kept overnight on the premises. "Clinic" includes dental clinic, health clinic, medical clinic and doctors' offices, and may include laboratory facilities in conjunction with normal clinic services.

Club, country. "County club" means a private club organized and operated for social purposes and possessing outdoor recreational facilities, such as golf courses, tennis courts or polo grounds.

Club. A "club" means any building or premises used by an association of two or more people united by a common interest or goal, whether incorporated or unincorporated, organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

College and university facilities. "College and university facilities" means educational institutions of higher learning which offer a course of study designed to culminate in the issuance of a degree.

Colonnade. "Colonnade." See arcade.

Commencement, land use activity. "Commencement" of any land use activity as provided for by this title is the date of beginning of such activity after all required city permits and approvals have been given. Where a use or premises require an occupancy permit, commencement shall not be recognized before that permit is issued. Any land use activities begun prior to commencement as defined above are, for the purposes of this title, not commenced.

Commercial. "Commercial" refers to any activity on or use of land which involves the buying, selling, processing, or improving of things not produced on the land and having financial gain as the primary aim of the activity or use, whether or not such activity or use is for hire or on account of the buyer, seller, processor, or improver.

Commercial recreation (indoor). "Commercial recreation (indoor)" refers to indoor recreational facilities that are operated as a business and open to the general public for a fee. Such uses may include, but are not limited to, gyms/health clubs, bowling alleys, martial arts, dance and exercise studios, skating rinks, batting cages, indoor swimming pools, boxing studios, indoor climbing walls, and similar uses.

Commercial recreation (outdoor). "Commercial recreation (outdoor)" refers to outdoor recreational facilities that are operated as a business and open to the general public for a fee. Such uses may include, but are not limited to, sports fields, golf courses/driving ranges, miniature golf, outdoor swimming pools, skate parks, court games, and similar uses.

Communication equipment building or use. "Communication equipment building or use" means a building or lot housing electrical and mechanical equipment necessary for the conduct of a public communications business with or without necessary personnel.

Community center. "Community center" means a neighborhood building for social, recreational, and cultural activities.

Community farm. "Community farm" means 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.

Conditional use. "Conditional use" means a use which requires a special degree of control because of characteristics peculiar to it, or because of size, technological processes or type of equipment, or because of the exact location with reference to surroundings, streets and existing improvements or demands upon public facilities. Such control is to ensure that the particular use at the particular site on which such use is proposed to be located is compatible with other existing or permitted uses surrounding the site.

Condominium development. "Condominium development" means a structure and appurtenant premises divided in ownership by the existence of condominiums as now or hereafter defined by state law, and includes instances where ownership is so divided following prior single ownership of the entire structure and premises, as well as new structures and premises so divided in ownership.

Construction yard. "Construction yard" means an area on or immediately adjacent to a major construction or demolition site used on a temporary basis for the parking and storage of equipment used in the project, and the storage and preparation of materials and other items used in the project. Such yard may include construction offices and such shops as are necessary for work on the immediate project.

Contiguous. "Contiguous" means the same as "adjoining."

Convalescent services. "Convalescent services" means a use providing bed care and in-patient services for persons requiring regular medical attention, such as nursing homes, but excluding facilities providing surgical or emergency medical services, facilities providing care for alcoholism, drug addiction, mental disease or communicable disease.

Convenience establishments. "Convenience establishments" means small establishments designed and intended to serve the daily or frequent trade or service needs of the surrounding population. Such establishments include grocery stores, variety stores, drugstores, coin-operated laundry and dry-cleaning establishments, beauty shops, barber shops, and medical and dental offices. Specifically excluded are automobile service stations and repair garages, and drive-in eating and drinking establishments.

Corner lot. For this definition, see "lot, corner."

Cornice. "Cornice" means an ornamental molding that finishes or crowns the top of a building, wall, arch or similar structure.

Court. "Court" means an area on the same lot with a building which is bounded on two or more sides by the exterior walls of a building or buildings on the same lot.

Courtyard housing. "Courtyard housing" means a group of three or more detached or attached one-story dwellings located on a single lot and having a common court or yard. Each dwelling unit will have a separate entrance on the ground floor.

Coverage. See "lot coverage."

Curb level. "Curb level" means the level of the established curb in front of the building measured at the center of such front. Where no curb level has been established, the city engineer shall establish such curb

level or its equivalent.

Dairy. "Dairy" means any premises where three or more cows or goats or any combination thereof equaling three or more animals are kept or maintained for the purpose of producing milk or milk products.

Decibel. "Decibel" is a unit which describes the sound pressure level or intensity of sound. The sound pressure level in decibels is twenty times the logarithm, to the base ten, of the ratio of the pressure of the sound to a reference pressure of 0.0002 microbars.

Density. "Density" means the number of dwelling units that may be constructed per acre or per square foot of lot area.

Department store. "Department store" means a store or group of shops under unified management selling a variety of merchandise groups, normally including clothing, appliances, hardware, and furniture.

Depth of lot. For this definition, see "lot depth."

Development. "Development" means the design, construction and related use of real property in any manner requiring compliance with this code.

Disposal facility. A "disposal facility" provides permanent containment or destruction of waste materials. Landfills and incinerators are examples of disposal facilities.

Dock. "Dock" means a landing pier for boats; a wharf, a structure supported by piling or floats in such a manner as to allow free flow of water beneath said structure and in which any buildings constructed thereon are incidental to the use of said structure as a wharf or landing pier.

Dormitory. "Dormitory" means a dormitory is a living facility accessory to a learning center designed to house students. A dormitory may be located on the same property as the learning center (college, university, boarding school, nursing school, or similar learning center) or may be located within one-quarter mile radius of the learning center.

Drive-through restaurant or drive-through eating place. "Drive-through restaurant" or "drive-through eating place" means any commercial establishment serving food or drinks, making provisions encouraging consumption of food or beverages off-site. Drive-through restaurants or eating places may also provide areas for indoor consumption.

Driveway. "Driveway" means a private road, the use of which is limited to persons residing, employed or otherwise using or visiting the parcel on which located.

Dump. "Dump" means an area devoted to the disposal of refuse and salvage, including incineration, reduction, or the dumping of ashes, garbage, combustibles or non-combustibles, or offal.

Duplex. "Duplex" means a building containing two dwelling units meant for residential occupancy which are attached by a common wall.

Dwelling. "Dwelling" means a building or portion thereof designed or used exclusively for residential occupancy. For the purposes of this title, dwellings do not include hotels, motels, roominghouses, nursing

homes, rest homes, university-owned or university-leased housing or institutions. See also "residential building."

Dwelling, group. "Group dwelling" means two or more single detached, single attached, or multipledwellings or apartments located on the same lot.

Dwelling, mobile home. For a definition of "mobile home dwelling," see "mobile home."

Dwelling, multiple. "Multiple dwelling" means the same as multi-unit residential dwelling.

Dwelling, single detached. "Single detached dwelling" means a detached building containing one dwelling unit meant for residential occupancy.

Dwelling, single attached. "Single attached dwelling" means a building containing two dwelling units meant for residential occupancy which are attached by a common wall.

Dwelling unit. "Dwelling unit" means one or more rooms with private kitchen and bathroom facilities, designed for occupancy for living and sleeping purposes. Only one kitchen is allowed per unit.

Easement, private road. For this definition, see "private road easement" in the glossary.

Educational institution. "Educational institution" means any elementary school, junior high school, high school, or college or university, either public or private, giving general academic instruction in the several branches of learning.

Efficiency unit. For this definition, see "studio unit" in the glossary.

Electric distribution substation. "Electric distribution substation" means the assembly of equipment which is part of a system for the transmission of electric power, which receives electric energy at a very high voltage from its source of generation, by means of a network of high voltage lines, and where, by means of transformers, said high voltage is transformed to a lower subtransmission voltage for the purpose of supplying electric power to large individual customers, or interconnections with other power-producing agencies or electric distribution substations for transformation to still lower voltage for distribution to smaller individual use.

Emergency shelter. "Emergency shelter" is defined in Section 50801(e) of the Health and Safety Code and includes housing with minimal supportive services that is limited to occupancy of up to six months. No individual or household may be denied emergency shelter because of an inability to pay.

Employee housing. "Employee housing" means housing providing accommodations for six or fewer employees. Employee housing shall be deemed a single-family structure with a residential land use designation.

Essential services. "Essential services" means the erection, construction, alteration, or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police callboxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such

utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including any buildings, electrical substations, or water storage tanks.

Explosive material. "Explosive material" means any chemical compound mixture or device, the primary and common purpose of which is to function by explosion with substantially simultaneous release of gas and heat, the resulting pressure being capable of producing destructive effects.

Facade. The exterior face of a building which is the architectural front, sometimes distinguished from other faces by elaboration of architectural or ornamental details.

Family day care home, large. "Large family day care home" means a home that provides family day care for seven to fourteen children, inclusive, including children under the age of ten years who reside at the home, or as set forth in Section 1597.465 of the California Health and Safety Code and as defined in regulations.

Family day care home, small. "Small family day care home" means a home that provides family day care for eight or fewer children, including children under the age of ten years who reside at the home, or as set forth in Section 1597.44 of the California Health and Safety Code and as defined in regulations.

Family foster care home. "Family foster care home" means a family residence in which twenty-four-hour full-time care is provided for not more than six foster children (persons under eighteen years of age) and the dwelling unit is licensed by the state.

Farm stand. A "farm stand" is a temporary or permanent structure used for the display and sale of agricultural products.

Fast food eating place. "Fast food eating place" means any retail food establishment that primarily provides short order food services for on-site dining or take-out service, where such food and beverage is served on paper, plastic, or other disposable containers, and including drive in and drive through restaurants where ready-to-eat foods are served primarily to be consumed off the premises. This definition includes all selfservice restaurants, except cafeterias, sit-down pizza parlors, and donut shops.

Fence. "Fence" means a freestanding structure of metal, masonry, composition or wood, or any combination thereof, resting on or partially buried in the ground and rising above ground level, and used for confinement, privacy, protection, screening or partition purposes.

Fenestration. "Fenestration" is the number, design, and arrangement of exterior windows.

Final map. "Final map" means a map prepared in accordance with the land division regulations and with any applicable provisions of the Subdivision Map Act, designed to be recorded with the county recorder.

Fire protection. "Fire protection" means such fire hydrants and other protective devices as required by the chief of the fire department.

Floor area. "Floor area" means the sum of the gross area of each floor of a building, excluding mechanical space, cellar space, elevators and stair bulkheads, open balconies, open porches, open breezeways, open terraces, and required parking.

Floor area ratio. "Floor area ratio" means the total floor area on a lot divided by the lot area. For example, a building containing twenty thousand square feet of floor area on a zoning lot of ten thousand square feet

has a floor area ratio of two.

Free standing retail. "Free standing retail" means a single retail sales facility of up to twenty thousand square feet in size that is situated independently on a building lot and for which associated parking serves exclusively that facility.

Freeway. "Freeway" means a divided highway for through traffic with full control of access and with grade separations at intersections, and declared to be such in compliance with the California Streets and Highways Code.

Frequency. "Frequency" means the number of times that a displacement completely repeats itself in one second of time. Frequency may be designated in cycles per second or hertz (Hz).

Frontage. "Frontage" means all property fronting on one side of a street between intersecting or intercepting streets, or between a street and right-of-way, waterway, end of dead-end street, or city boundary measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.

Frontage road. For this definition, see "service road" in the glossary.

Front yard. For this definition, see "yard, front" in the glossary.

Future street or alley. For this definition, see "street or alley, future" in the glossary.

Games of skill or amusement. "Games of skill or amusement" means any machines, devices or apparatus, the operation or use of which is permitted, controlled, allowed or made possible by the deposit or placement of any currency, plate, disc, slug or key into any slot or crevice, for the purpose or use as a game or amusement of any description the use for the purpose of which is not prohibited by any law of the state.

Garage, private. For a definition of "private garage," see "parking garage, private."

Garage, public. For a definition of "public garage," see "parking garage, public."

Garage, repair. "Repair garage" means a structure or portion thereof, other than a storage or parking garage, designed or used for repairing, equipping or servicing motor vehicles. Such garages may also be used for housing, storage or sale of motor vehicles.

Garage, storage. "Storage garage" means a structure or portion thereof designed and used exclusively for the storage of motor vehicles, and within which temporary parking may also be permitted.

General plan. "General plan" means a comprehensive declaration of purposes, policies and programs for the development of the city and including, where applicable, diagrams, maps and text setting forth objectives, principles, standards, and other features, and which have been adopted by the city council.

Goods and services, retail. Retail goods include commercial establishments that provide physical goods, products or merchandise directly to the consumer, where such goods are typically available for immediate purchase and removal from the premises by the purchaser. Typical uses include, but are not limited to, apparel, household appliances, computers and electronics, books and stationary, gifts and souvenirs, paint

retail. Retail goods include commercial establishments that provide physical goods, products or merchandise directly to the consumer, where such goods are typically available for immediate purchase and removal from the premises by the purchaser. Typical uses include, but are not limited to, apparel, household appliances, computers and electronics, books and stationary, gifts and souvenirs, paint

and wallpaper, pets, plants, groceries and baked goods, hardware, hobby and crafts, sports equipment or similar products. Services include establishments or places of business primarily engaged in the provision of frequent or recurrent needed services of a personal nature. Typical uses include, but are not limited to, beauty shops, barbershops, nail salons, animal grooming establishments, shoe, jewelry, or watch repair, coin-operated laundromats, dry cleaners and tailors, travel agencies, insurance agencies, banks and credit unions, printing and copy businesses, photographic studios, or similar businesses. Retail goods and services do not include the sale and service of vehicles, industrial-type equipment, heavy machinery, or other similar uses.

Government service agency. "Government service agency" means a government service facility providing direct services to the public wherein large aggregations of people are probable, especially those such as employment offices, public assistance offices, motor vehicle registration and licensing services and similar activities commonly accustomed to having sizeable assemblages of people queueing, tarrying, biding or waiting for service, whether pedestrian or vehicular.

Grade. For a definition of "grade," see the Uniform Building Code.

Gradient. "Gradient" means the rate of vertical change of a ground surface expressed as a percentage figure and determined by dividing the vertical distance by the horizontal distance.

Guidance/social assistance services. "Guidance/social assistance services" means a use providing counseling, guidance, recuperative, or similar services for persons requiring rehabilitation assistance as a result of mental illness, alcoholism, detention, drug addiction, or similar conditions for only part of a twentyfour-hour day.

Hazardous waste facility. "Hazardous waste facility" shall be defined as specified by the California Health and Safety Code and the San Diego County Hazardous Waste Management Plan.

Health facility, long-term. "Long-term health facility" means an institution or premises licensed by the state and used for the housing and care of the ambulatory, aged or infirm, and offering or providing lodging, meals, nursing, dietary or other personal services, but not including the care and treatment of persons with contagious or communicable diseases or persons insane or addicted to narcotics or alcohol. There shall be no surgery, physical therapy, or other similar activities such as are customarily provided in hospitals. Also called rest homes; convalescent homes; homes for the aged; veterans' homes; institutions for the feebleminded, cerebral palsied and the like; plus other similar names signifying long-term care, which is personal and, at most, nursing help, rather than medical or surgical care. See also "hospital." (Note: A senior citizens' project or housing-for-the-elderly project is to be distinguished from a long-term health facility in that the senior citizens' project or housing is primarily of a residential character with only incidental nursing facilities while a nursing home is primarily designed and used for the care of convalescent or ill persons.)

Heavy manufacturing/processing. "Heavy manufacturing/processing" includes uses that process or treat materials for the fabrication of large base-sector products. Assembly of large equipment and machines is included in this category as well as manufacturing uses that typically produce noise, dust, or other pollutants capable of harming or annoying adjacent uses. Such uses include manufacturing and processing of plastics and synthetic resins; rubber products; soaps, bleaching products, and other disinfectants; large scale laundry and dry-cleaning facilities; industrial chemicals; paint and lacquer; fish, vinegar, and other

food products with offensive odors (except slaughterhouses); steel mills; petroleum chemical sales; organic chemical research; and other uses that are found by the city to be of the same general character to those listed here.

Helicopter. "Helicopter" means a rotary-wing aircraft which depends, for its support and motion in the air, principally upon the lift generated by one or more power-driven rotors that rotate on a substantially vertical axis.

Heliport. "Heliport" means an area of land or water or a structural surface which is used or intended for use for the landing and takeoff of helicopters, and any appurtenant areas which are used or intended for use for heliport buildings and other heliport facilities.

Helistop. "Helistop" means the same as a heliport, except that no refueling, maintenance, repairs or storage of helicopters is permitted.

Highway. For definition, see "freeway."

Home, convalescent. "Convalescent home" means the same as "long-term health facility."

Home garden. "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. A home garden is an accessory use to a principal residential use.

Home occupation. "Home occupation" means an occupation carried on within the main building by the occupant of the dwelling as a secondary use, in connection with which there is no display, no stock in trade nor commodity sold upon the premises, no person employed, and no mechanical equipment used except that which is normally necessary for housekeeping purposes.

Homeless shelter. "Homeless shelter" means the same as "emergency shelter."

Hospice. "Hospice" means a program that provides care for clients in the last stages of a terminal illness within the client's home or a home-like facility.

Hospital. "Hospital" means a facility providing medical, psychiatric or surgical service for sick or injured persons, primarily on an in-patient basis, and including ancillary facilities for out-patient and emergency treatment, diagnostic services, training, research, administration and services to patients, employees, or visitors.

Hospital, long-term convalescent, or nursing and convalescent. "Long-term convalescent hospital" or "nursing and convalescent hospital" means the same as "long-term health facility."

Hospital, psychiatric. "Psychiatric hospital" means the same as "special hospital."

Hotel. "Hotel" means a building in which lodging is provided and offered to the public for compensation, and which is open to transient guests for less than thirty days. No room rentals shall be provided on an hourly basis. The hotel may include facilities available to the general public, such as meeting and dining facilities and limited goods and services, provided these are an integral part of the hotel operations.

Household pet. "Household pet" means any domesticated animal commonly maintained in residence with humans.

Housing Development Project. "Housing Development Project" means a use consisting of either of the following:

(1)

Residential use only, with one or more units

(2)

Mixed-use developments consisting of residential and nonresidential uses in which the nonresidential uses are less than fifty percent of the total square footage of the development and are limited to neighborhood commercial uses (small-scale general or specialty stores that furnish goods and services primarily to residents of the neighborhood) and to the first floor of buildings that are two or more stories.

Improvement, public. "Public improvement" means such street work and utilities as may be installed on land to be used for public or private streets, highways, alleys, pedestrian ways, ways, and easements, as are necessary for the general use and safety of the landowner and the public. Such street work and utilities may include necessary monuments, street name signs, guardrails, barricades, safety devices, fire hydrants, grading, retaining walls, storm drains and flood control channels and facilities, erosion control structures, sanitary sewers, street lights, street trees, traffic warning devices (other than traffic signals), and such other facilities as may be required by this title.

Incidental use. "Incidental use" means the same as "accessory use."

Income, low. "Low income" means any household whose income exceeds fifty percent but does not exceed eighty percent of the median income as adjusted for household size as defined by the U.S. Department of Housing and Urban Development for the San Diego Standard Metropolitan Statistical Area.

Income, very low. "Very low income" means any household whose income does not exceed fifty percent of median income as adjusted for household size as defined by the U.S. Department of Housing and Urban Development for the San Diego Standard Metropolitan Statistical Area.

Industrial park. "Industrial park" means a special or exclusive type of industrial area designed or equipped to accommodate a community of industries, or approved under the procedure for planned development.

Institution. An "institution" is a non-profit or quasi-public use, or institution such as a library, public or private school, hospital, or municipally owned or operated building, structure or land used for public purposes.

Institution, health. For definitions relating to health institutions, see "clinic," "long-term health facility," and "hospital."

Institution, philanthropic. For this definition, see "philanthropic institution."

Inundation. "Inundation" means ponded water or water in motion of sufficient depth to damage property due to the presence of the water or due to deposits of silt.

Junior Accessory Dwelling Unit (JADU): "Junior Accessory Dwelling Unit" means a unit that is no more than five hundred square feet in size and contained entirely within a single-family residence. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing structure. Refer to Section 18.030.390 for JADU regulations.

Junk or salvage yard. "Junk or salvage yard" means any premises used for the keeping or storage of junk, including but not limited to iron and scrap metals, paper, rags, glass, wood and similar materials, and includes the dismantling of machinery or the storage or keeping for sale of parts and equipment resulting from dismantling or wrecking operations on said property or elsewhere. "Junk or salvage yard" also includes the baling of cardboard, cardboard boxes, paper and paper cartons. Compare "automobile dismantling, or wrecking yard" and "scrap metal processing."

Kennel. "Kennel" means any place where three or more dogs are kept for breeding purposes and where the pups are sold to any other person; or where dogs are received for care or for boarding by the day, week or month, or for longer periods of time.

Kitchen. "Kitchen" means any room or space within a building designed, intended to be used, or used for the cooking or the preparation of food.

Landscaping. "Landscaping" means the use of architectural and horticultural materials to provide control of erosion, dust, weeds, and accumulation of litter in a manner complementary to the purpose of adding natural environmental quality to the premises. "Landscaping" includes the planting and maintenance of some combination of trees, shrubs, groundcover, vines, flowers, lawns or other planting materials, other than weeds, providing shade, visual screening, aesthetic enhancement, soil conservation, and the removal or reduction of fire hazards, rodent harborages, vermin, and disease-bearing creatures. In addition, the combination or design may include natural features such as rock and stone, and structural features such as pools, art work, screens, walls, fences and benches. See also "fence" and "screening" as defined in the glossary.

Landscaping maintenance. "Landscaping maintenance" includes sufficient irrigation, fertilization, pruning, trimming, training, and all other reasonable acts necessary to keep plants in a healthy vigorous condition. Maintenance also includes removal of weeds, dead materials and accumulated litter, rubble, or other foreign substances; and reseeding, and replacement of dead plants and planting where necessary to restore a landscaped area to the level of "coverage" required of a new installation.

Large format retail. "Large format retail" is a single retail sales facility that has greater than twenty thousand square feet of gross floor area and is contained in a single building.

Loading berth. "Loading berth" means a space within a loading facility, exclusive of driveways, aisles, maneuvering areas, ramps, columns, landscaping areas, office and work areas, for the temporary parking of a commercial vehicle while loading or unloading goods or materials, and which abuts upon a street, alley, or other appropriate means of access.

Loading facility. "Loading facility" means an area, either open or enclosed, or partially enclosed within a structure or portion thereof, designed or used for the temporary parking of commercial vehicles while loading or unloading goods or materials.

Lot. The following shall constitute a legal building site:

1.

A parcel of land which is shown on a final subdivision map recorded in the office of the county recorder, pursuant to the provisions of the Subdivision Map Act; or

2.

A parcel of land, the dimensions or boundaries of which are defined by a duly recorded record of survey map; or

3.

A parcel of land shown on the approved lot split map on file in the city engineering department; or

4.

A parcel of land which is shown on an approved parcel map recorded in the office of the county recorder; or

5.

A parcel of land not described as in Subsections 1, 2, 3, and 4 of this definition and legally subdivided prior to the adoption of this National City Land Use Code.

Lot area. "Lot area" means the total area, measured on a horizontal plane, included within the lot lines of a lot or parcel of land.

Lot, corner. "Corner lot" means a lot or parcel of land situated at the intersection of two or more streets or highways, which streets or highways have an angle of intersection, measured within the lot or parcel of land, of not more than one hundred thirty-five degrees.

Lot coverage. "Lot coverage" means that percentage of a lot which, when viewed directly from above, would be covered by a structure or structures, or any part thereof, excluding projecting roof eaves.

Lot depth. "Lot depth" means the horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines.

Lot frontage. For a definition of "lot frontage," see "frontage."

Lot, interior. "Interior lot" means a lot other than a corner lot or reversed corner lot.

Lot, key. "Key lot" means the first interior lot to the rear of a reversed corner lot and not separated by an alley.

Lot line. "Lot line" means the property line bounding the lot.

Lot line, front. "Front lot line" means a line separating an interior lot from a street or highway, or a line separating the narrower street frontage of a corner lot from the street or highway. In the case of a corner lot with equal frontages on intersecting streets, the front lot line shall be the continuation of the street line with

the greatest number of lot frontages in the block. In the case of landlocked lot, the front lot line shall be that which is closest to the street on which the lot is addressed.

Lot line, rear. "Rear lot line" means a lot line which is opposite and most distant from the front lot line and, in the case of an irregular, triangular, or gore-shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.

Lot line, side. "Side lot line" means any lot boundary line not a front lot line or a rear lot line.

Lot, reversed corner. "Reversed corner lot" means a corner lot, the side street line of which is substantially a continuation of the front lot line of the first lot to its rear.

Lot, through. "Through lot" means a lot having frontage on two parallel or approximately parallel streets.

Lot width. "Lot width" means the horizontal distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear lot lines.

Low Barrier Navigation Center. "Low Barrier Navigation Center" means a Housing First, low-barrier, serviceenriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. "Low Barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

(1)

The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.

(2)

Pets.

(3)

The storage of possessions.

(4)

Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

Maintenance and service facilities. "Maintenance and service facilities" means a facility supporting maintenance, repair, vehicular or equipment servicing, material storage, and similar activities, including corporation yards, equipment service centers and similar uses having characteristics of commercial services or contracting or industrial activities.

Major highway. For definition, see "freeway."

Maps. For definitions relating to maps, see "final map," "parcel map" "Subdivision Map Act," "tentative map," and "zoning map" in the glossary.

Mass. "Mass" means three dimensional form; the visual impact of a building's height, depth, and length.

"Massage". See Municipal Code Sections 10.79 and 18.30.370.

Marquee. "Marquee" means a fixed shelter used only as a roof and extended over a building line, and which is entirely supported by the building to which it is attached. Compare "awning" and "canopy" in the glossary.

Medical office/medical clinic. "Medical office/medical clinic" means a facility providing medical, psychiatric, or surgical services for sick or injured persons exclusively on an out-patient basis, including emergency treatment, diagnostic services, training, administration and services to out-patients, employees or visitors.

Medium manufacturing/processing. "Medium manufacturing/processing" includes uses that have moderately objectionable environmental influences by reason of the emission of odor, heat, smoke, noise, or vibration. Such uses include the manufacture of food products, drugs, pharmaceuticals and the like; wineries, distilleries, and large breweries; lumber yards and wood products; leather products; plastics; paper products and packaging material; floor coverings; stone, clay, glass, and concrete activities and products; manufacturing of textile products; metal fabrication and welding; vehicle manufacture, railroad equipment; and any other uses found by the city to be of the same general character of those listed here.

Merchandise. "Merchandise" means any tangible object of nominal or value greater than one cent including, but not limited to, all manufactured products, food, goods and flowers, but excluding "newspapers."

Microbrewery. "Microbrewery" means a pub or restaurant that also produces and sells beer on the premises. Generally, a microbrewery produces fewer than ten thousand barrels of beer and ale a year.

Military installations. "Military installations" means military facilities of the federal and state governments.

Mini-warehouse/self-storage. "Mini-warehouse" (also known as self-storage facilities) means a building used for private rental of space for temporary storage of household goods and materials other than storage by commercial "household goods storage" businesses and except "warehouses."

Mixed-use. The term "mixed-use" shall be defined as a combination of commercial and residential uses or structures, designed and built on a single lot or parcel, or as components of a single development.

Mobile home. A "mobile home" is defined by Section 798.3 of the California Civil Code.

Mobile home park. "Mobile home park" means an area of land where two or more mobile home sites are rented or leased, or offered for rent or lease, to accommodate mobile homes used for human habitation.

Mobile home site. "Mobile home site" means that portion of a mobile home park set aside and designated for the occupancy of a mobile home and including the area set aside or used for parking or structures, including awnings, cabanas or ramadas which are accessory to the mobile home.

Model home. "Model home" means a dwelling or residential building having all of the following characteristics:

Said dwelling is constructed upon a proposed lot previously designated as a model home site by the planning commission in a subdivision for which the commission has approved or conditionally approved a tentative map but for which a final map has not yet been recorded;

2.

The proposed lot upon which the model home is constructed is recognized as a legal building site for the duration of the model home permit;

3.

No certificate of occupancy for such dwelling has been issued by the director of building and housing;

4.

Where applicable, temporary access to such dwelling is permitted over future streets previously restricted to public access; and,

5.

Said dwelling is intended to be temporarily utilized as an example of the dwellings which have been built or which are proposed to be built in the same subdivision.

Motel. "Motel" means any building or group of buildings containing guest rooms for overnight visitor accommodations and not more than thirty days. No room rentals shall be provided on an hourly basis. The motel may include facilities available to the general public, such as dining facilities, provided these are an integral part of the motel operations.

Motor vehicle. "Motor vehicle" means a self-propelled device used or intended to be used for the transportation of freight or passengers upon a street or highway, excepting a device moved by human power or a device used exclusively upon stationary rails or tracks. See also "recreational vehicles" and automobile-related definitions, plus "accessory vehicle," "commercial vehicle" and "vehicle."

Multi-unit residential. "Multi-unit residential" is a residential structure containing three or more residential dwelling units.

Mural. "Mural" means a painting, graphic design, or pictorial representation applied directly or attached to an exterior mounting surface or exterior wall that is visible from any point of any public right-of-way, including public street, sidewalk, or trail. Any representation which identifies a business or building by logo, product, service, trademark, message, or slogan shall be considered a sign.

Neighborhood corner store. "Neighborhood corner store" means a small convenience store not more than three thousand square feet established in a residential zone pursuant to Section 18.30.260.

Neighborhood garden. "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. Neighborhood garden group members may or may not reside on the subject property. 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.

Net area. For this definition, see "area, net."

Nonconforming structure. "Nonconforming structure" means a structure which was lawfully erected prior to the adoption of the ordinance codified in this title but which, under the provisions of this title, does not conform to the standards of coverage, yards, height of structures, or distances between structures prescribed in the regulations for the zone in which the structure is located.

Nonconforming use. "Nonconforming use" means a use of a structure or land, which was lawfully established and maintained prior to the adoption of the ordinance codified in this title, but which, under the provisions of this title, does not conform with the use regulations for the zone in which it is located.

Nursing home. "Nursing home" means the same as "long-term health facility."

Office. "Office" means an establishment providing direct, "over-the-counter" services to consumers and office-type facilities occupied by businesses providing professional services and/or engaged in the production of intellectual property. This includes, but is not limited to such uses as accounting, auditing, and bookkeeping services, advertising agencies, travel reservation centers, architectural, engineering, planning, and surveying services, real estate and related services, legal services, art and design services, computer software and hardware design, counseling services, data processing services, detective agencies, insurance companies, telemarketing, management and public relation services, photography studios, writer and artist offices, postal facilities, administrative and clerical services, or public contact offices of a government agency, and banks and financial institutions.

Open space, common usable. "Common usable open space" means recreational or leisure space for the shared use of residents of a multi-unit development with no dimension less than twenty feet and may include gardens, playgrounds, courtyards, swimming pools, sitting areas, court games, recreation rooms, exercise rooms or gyms, spas, community rooms, lawn/turf used for open play, ponds, fountains, atriums, picnic areas, rooftop gardens or green roofs, or similar uses or facilities.

Open space, private usable. "Private usable open space" means an outdoor recreational or leisure space devoted to the exclusive use of a unit with no dimension less than five feet, including the following: patio, porch, and balcony.

Open space, usable roof area. "Usable roof area open space" means that part of a roof which is usable by all residents of the building, is accessible to all residents by a passageway from the buildings, is enclosed by parapet or ground rails adequate for the safety of the occupants, has no dimension less than twenty feet, and is developed for active or passive recreational use.

Outdoor advertising display. "Outdoor advertising display" means any card, paper, cloth, metal, glass, wooden or other display or device of any kind placed for outdoor advertising purposes on the ground or on any tree, wall, rock, structure, or other object.

Outdoor advertising structure. For definitions relating to outdoor advertising structures, see sign-related definitions.

Outdoor storage. "Outdoor storage" means storage of goods and materials outside of any building or structure, but not including storage of a temporary or emergency nature.

Overlay zoning/overlay zone. "Overlay zoning is a regulatory tool that creates a special zoning district, placed over an existing base zone(s), which identifies special provisions in addition to those in the underlying base zone. The overlay district can share common boundaries with the base zone or cut across base zone boundaries. Regulations or incentives are attached to the overlay district to protect a specific resource or guide development within a special area."

Pad, building. "Building pad" means the area occupied by a building or buildings on a building site, including the open area contiguous to and surrounding such buildings and having a slope not greater than ten percent. Building pads shall be exclusive of required front yards.

Parapet. "Parapet" means the part of a wall which rises above the edge of a roof.

Parcel. For a definition of "parcel," see "lot."

Parcel map. "Parcel map" means a map showing the division of land, as described in the California Subdivision Map Act, and prepared in accordance with the provisions of this title and the Subdivision Map Act.

Pergola. "Pergola" means an open framework over a walkway or path, which is usually designed to be covered in climbing plants; a walk framed by columns or posts and covered by cross members.

Park (active recreation). "Park (active recreation)" means a piece of land that is not part of a residential development, which is developed with such uses as sports fields, court games, skate parks, swimming pools, and other recreational uses that have the potential to generate a lot of noise.

Park (passive recreation). "Park (passive recreation)" means a piece of land that is not part of a residential development, which is generally kept in a natural state and contains sitting areas, picnic areas, trails, and other recreational activities that do not generate a significant amount of noise.

Parking facility. "Parking facility" means an area other than a street or other public way, either open or enclosed within a structure or portion thereof, designed or used for the parking of motor vehicles.

Parking facility, accessory. "Accessory parking facility" means a parking facility which is accessory to a structure or use on the same lot or another lot, and may include both required or permitted parking stalls.

Parking garage, private, or carport, private. "Private parking garage" or "private carport" means a detached accessory building or portion of a main building assigned for the parking or temporary storage of automobiles of the occupants of the premises.

Parking garage, public. "Public parking garage" means a structure or portion thereof designed or used for the parking of motor vehicles and some or all of whose parking stalls are non-accessory. Commercial or public parking garages may include accessory off-street parking stalls limited to such stalls which are accessory to other structures or uses on the same lot.

Parking lot. "Parking lot" means an open area, other than a street, used or designated to be used for temporary storage of vehicles, and which is available for either public or private use, whether free, for

compensation, as an accommodation for clients or customers, or for private use.

Parking lift, mechanical. A "mechanical parking lift" is an automated parking lift contained entirely within a parking lift rack structure for parking two or more vehicles. The parking lift rack structure is two or more tiers high and is erected indoors or outdoors. Parking spaces for a mechanical parking lift are considered tandem spaces.

Parking space or stall. "Parking space" or parking stall" means a permanently surfaced space within a parking facility, exclusive of driveway, aisles, maneuvering or landscaped areas, ramps, columns, office and work areas, for the parking of one motor vehicle.

Parkway. "Parkway" means the space located between the street curb and the property line. The parkway may include a sidewalk and a landscape strip, a sidewalk, or a sidewalk with a cut-off for a street tree.

Patio structure. "Patio structure" means an attached roofed structure open on one or more sides, whose principal use shall be for indoor-outdoor living and recreation.

Pawn shop. A "pawn shop" is a business that offers secured loans to people, with items of personal property used as collateral.

Payday lender. "Payday lender" means an establishment that provides monetary loans to borrowers that must be paid in full, usually at a high interest rate, when the borrowers receive their next pay check.

Pedestrian way. "Pedestrian way" means a right-of-way for pedestrians, free from vehicular traffic and including access ramps, stairs, and mechanical lifts and routes through buildings which are available for public use.

Performance standards. For provisions regarding "performance standards," see Chapter 18.4, Title 7, and Title 12 and specific definitions dispersed throughout this title.

Petroleum bulk plant. "Petroleum bulk plant" means any premises used for the wholesale distribution and storage of gasoline, oil or petroleum products, but not including the storage of liquid petroleum gas, a tank farm, or connection to a pipeline constituting, in effect, a petroleum terminal.

Pet grooming. "Pet grooming" is a personal service establishment that, for a fee, trims, cleans or curries domestic pets such as dogs and cats and which may sell pet supplies. This term shall not include establishments which board pets or provide pet day care.

Pet shop. "Pet shop" means any store, department of any store, or place of business where dogs, cats, monkeys, birds, reptiles, or any other animals are kept for sale, for hire, or are sold.

Philanthropic institution. "Philanthropic institution" means a nonprofit, charitable institution devoted to the housing, training or care of children, or of aged, indigent, handicapped or underprivileged persons, but not including the following: office buildings, except as an accessory to and located on the same lot with an institutional activity, as listed above; hospitals, clinics or sanitariums, correctional institutions; institutions or homes for the insane or those of unsound mind; lodging houses or dormitories providing temporary quarters for transient unemployed persons; organizations devoted to collecting and salvaging new or used

materials; or organizations devoted principally to distributing food, clothing or supplies on a charitable basis.

Planning commission. For this definition, see Chapter 2.28.

Planning division. The "planning division" is a unit of city government responsible for reviewing land development proposals, ensuring compliance with the city's General Plan, Land Use Code, Local Coastal Program Land Use Plan (PDF), Local Coastal Program Implementation (PDF), State Subdivision Map Act, California Environmental Quality Act (CEQA), and other applicable local and state regulations. The planning division also provides staff support to the planning commission, and recommends and implements changes to the land use section of the Land Use Code.

Postal facilities. "Postal facilities" means postal services, including post offices, bulk mail processing or sorting centers, operated by the United States Postal Service.

Principal permitted use. "Principal permitted use" means the primary allowed land use. Where more than one use is located within a single place, the principal use is that activity to which the greatest amount of floor and/or ground space is devoted. All other activities are "accessory uses." An accessory use that is clearly subordinate and incidental to a permitted use is a component of that permitted use.

Private road easement. "Private road easement" means a parcel of land not dedicated as a public street but intersecting or connecting with a public street, or another private street, for which a private easement for road purposes has been proposed or granted to the owners of property contiguous or adjacent thereto, and for which an instrument creating the easement has been duly recorded and filed with the county recorder.

Projection, architectural. "Architectural projection" means anything attached to and extended outside the outer face of the exterior wall of a structure and not intended for shelter or occupancy.

Property line. "Property line" means a line separating parcels of real property having separate legal descriptions, but not including a building line.

Public assembly. "Public assembly" means an institution, such as a church or lodge, that people regularly attend to participate in or hold religious services, public meetings, or other similar activities. This term does not carry a secular connotation and includes the buildings or other locations in which the religious services of any denomination are held.

Public safety facilities. "Public safety facilities" means facilities for conduct of public safety and emergency services, including police and fire protection services and emergency medical and ambulance services.

Public utility service center. "Public utility service center" means any building or premises used for the administration of public utility repair, maintenance and installation crews, including parking for vehicles not to exceed one and one-half-ton rated capacity, but not including warehouses or storage yards.

Public utility service yard. "Public utility service yard" means any building or premises used for the office, warehouse, storage yard, or maintenance garage of a public utility, including microwave repeater stations when incorporated as a part of the service yard use. See also "communication equipment building" and "telephone repeater station."

Public way. "Public way" means any street, alley, pedestrian way, channel, viaduct, subway, tunnel, bridge, easement, right-of-way, or other way in which a public agency has a right of use. See also "street or public street" and "freeway."

Quarry. "Quarry" means any place on a lot or parcel of land where dirt, soil, sand, gravel, rock, clay, decomposed granite, or other similar material is removed by excavation or otherwise. "Quarry" includes mining operations for the removal of ores, precious stones, or other solid minerals, but shall not include excavation and removal of materials from a lot or parcel of land preparatory to construction of a building for which a building permit has been issued and remains in full force and effect, provided that such excavation is confined to that necessary for such building construction, but in no event shall more than five thousand cubic yards of soil or other excavated materials be removed from the premises; or excavation, on a lot, parcel of land or subdivision, necessary to grading, building construction or operation on the premises, where a building permit is not in full force and effect, provided that such grading is necessary to prepare a site for a lawful use permitted thereon, but in no event shall more than five hundred cubic yards of soil or other excavated materials be removed from such premises.

Railroad facilities. "Railroad facilities" means railroad yards, equipment servicing facilities and terminal facilities.

Real estate sales office. "Real estate sales office" means a sales office established and maintained in one model home as approved by the planning commission, or in a single-family dwelling on a recorded lot previously designated as a model home site by the planning commission and serving temporarily as an example of houses in the same subdivision, and subject to the provisions of this title.

Rear lot line. For this definition, see "lot line, rear."

Rear yard. For this definition, see "yard, rear."

Recreational vehicles:

1.

"Recreational vehicles" include the following:

a.

Boats and boat trailers, including boats, floats, and rafts, plus the normal equipment to transport the same on a highway;

b.

Campers, which are structures designed primarily to be mounted upon a motor vehicle and with sufficient facilities to render same suitable for use as a temporary dwelling for camping travel, recreational and vacation purposes;

c.

Full tent trailers, which are canvas folding structures mounted on wheels and designed for travel and vacation use;

d.

Motorized homes, which are portable dwellings designed and constructed as an integral part of a selfpropelled vehicle;

e.

Travel trailers, which are vehicular portable structures built on a chassis and designed to be used as temporary dwellings for travel, recreational and vacation uses permanently identified as a travel trailer by the manufacturer.

2.

See also "mobile home" and "motor vehicle."

Recreation, commercial. "Commercial recreation" means recreation facilities operated as a business and open to the general public for a fee.

Recreation, private, noncommercial. "Noncommercial private recreation" means clubs or recreation facilities operated by a nonprofit organization and open only to bona fide members of such nonprofit organization.

Recreation, public. "Public recreation" means publicly owned or operated recreation facilities.

Recreation room or building. "Recreation room or building" means a room, contained in either a main building or an accessory building, designed to be utilized primarily for games, the pursuit of hobbies, social gatherings, and such activities. Such a room may contain such plumbing fixtures as are utilized in a bar or for hobby activities. Such a room in a single-family or two-family dwelling, or in an accessory building appurtenant to a single-family or two-family dwelling, may not include facilities for the cooking and preparation of food. However, in a multiple residential use or in an accessory building appurtenant thereto, a recreation room which is for the common use of all the dwelling units therein may contain facilities for the cooking and preparation of food.

Rectory. "Rectory" is the residence of one or more leaders of a religious institution of any denomination and may also function as the administrative offices of the religious institution. A rectory is also known as a presbytery, parsonage, or manse.

Recyclables or recyclable materials. "Recyclables" or "recyclable materials" means plastic bottles, plastic containers, glass bottles, glass jars, newspapers, aluminum and/or metal cans, and any other material designated by the city as a recyclable material in Chapter 9.52.

Renewable energy infrastructure. "Renewable energy infrastructure" is equipment used to generate electricity or heat from renewable or low-carbon sources. Renewable energy infrastructure includes, but may not be limited to, solar power, wind power, electric vehicle charging stations, and similar facilities and devices.

Repair garage. For this definition, see "garage, repair."

Research and development. "Research and development" means a laboratory facility that is primarily used for scientific research. This use can include the design, development, and testing of biological, chemical, electrical, magnetic, mechanical, and/or optical components in advance of product manufacturing. This use does not involve the fabrication, mass manufacture, or processing of the products.

Residential building. "Residential building" means a building or portion thereof designed or used for human habitation.

Residential care home. "Residential care home" means a state authorized, certified, or licensed home serving six or fewer mentally disordered or otherwise handicapped persons or dependent or neglected children, and providing care on a twenty-four-hour-a-day basis, as defined in Section 5116, California Welfare and Institutions Code.

Residential density. "Residential density" means the average number of families living on one acre of land in a given area. Net residential density is determined by dividing the total number of families in a defined area by the total acreage of all parcels of land within the area that are used for residential and accessory purposes. Gross residential density is obtained by dividing all land in a defined area used for residences, streets, local schools, local parks, and local shopping facilities into the total number of families in said area.

Rest home. "Rest home" means the same as "long-term health facility."

Restoration is initiated. "Restoration is initiated" means that, at a minimum, a building permit application has been issued.

Retail sales or retail store. "Retail sales" or "retail store" means the sale of goods, merchandise or commodities for consumption or use by the purchaser.

Right-of-way. "Right-of-way" means an area of land reserved for public or private easements.

Roadway. "Roadway" means that portion of a right-of-way for a street, highway or alley designed or used for accommodating the movement of vehicles.

Rooming or boarding house. "Rooming or boarding house" means a private residence which is rented out to more than two paying guests.

Rubbish. "Rubbish" means refuse and waste material, whether combustible or noncombustible, not included within the definition of garbage as herein defined, including but not limited to paper, rags, leaves, glass, cans, ashes, tree and vine trimmings. It shall not include plaster, rock sand, dirt, automobile frames or fenders, or waste material pertaining to building operations, construction or repair. It shall not mean discarded water heaters or furniture.

Salvage yard. For this definition, see "yard, salvage."

Satellite television antenna. "Satellite television antenna" means a device or instrument designed or used for the reception of television or other electronic communications signals broadcast or relayed from an earth satellite. It may be a solid, open-mesh or bar-configured structure, typically eight feet in diameter, in the shape of a shallow dish or parabola.

Scale. "Scale" means the measurement of the relationship of one object to another object. The scale of a building or the scale of a building's components can be described in terms of its relationship to a human being. A building's scale can range from intimate or pedestrian-scale to monumental. Intimate or pedestrian-scale refers to the portions of a building that are around eight to ten feet in height above the ground plane. A monumental scale is used to present a feeling of grandeur. Building types which commonly use a monumental scale usually include banks, churches, and civic buildings.

Soffit. "Soffit" means the finished underside of an eave.

School, elementary and high. "Elementary school" and "high school" mean institutions of learning which offer instruction in the several branches of learning and study required to be taught to the public schools by the Education Code of the state. "High school" includes junior and senior high schools.

School, trade, vocational, business or professional. "Trade school," "vocational school," "business school" or professional school" means an institution of learning which offers specialized instruction as preparation for entrance into, or as supplementary training in, a specific field or endeavor. Such institutions include, but are not limited to, secretarial schools, barber schools, modeling schools, language schools, electronics schools, dancing schools, and art schools.

Scrap metal processing. "Scrap metal processing" means the recovery of metals from salvage for consumption by primary metals industries, using cutting, shredding, and melting processes. "Scrap metal processing" includes the preparation of such salvaged metals for reshipment. "Scrap metal processing" does not include wrecking yards, junkyards, or any similar use where metals are stored or sold as secondhand or used materials. Nonmetallic salvage or processing not clearly incidental to the principal use shall not be allowed.

Screening. "Screening" means solid walls, solid fences, or dense living hedges for the purpose of concealing from view the area behind such structure or hedge. See also "fence" and "landscaping."

Second unit. "Second unit" is a small, self-contained residential unit built on the same lot as an existing primary residence or built in conjunction with a primary residence. It provides complete independent living facilities for one or more persons. Second units are also referred to as "accessory dwelling units," "in-law apartments," "granny flats," "ancillary apartments" or "carriage houses." Second units may be attached to or detached from the primary residence. Refer to Section 18.21.050 for second unit regulations.

Secondhand dealer. A "secondhand dealer" means and includes any person, co-partnership, firm, or corporation whose business includes buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand tangible personal property, as defined in this Glossary.

Secondhand tangible personal property. "Secondhand tangible personal property" includes, but is not limited to, all secondhand tangible personal property that bears a serial number or personalized initials or inscription or which, at the time it is acquired by the secondhand dealer, bears evidence of having had a serial number or personalized initials or inscription, as defined by the California Business and Professions Code. In addition, secondhand tangible personal property also includes precious metals such as gold, silver, platinum, and jewelry.

Senior citizens' housing. For this definition, see "senior housing."

Senior housing. "Housing for the elderly" or "senior housing," also called "elderly housing and senior citizen housing" means a project specially designed for elderly persons and providing living unit accommodations. Senior housing may also include spaces for common use by the occupants in social and recreational activities and, when needed, incidental facilities and space for the project residents.

Setback. "Setback" means a horizontal distance determining the location of a building with respect to a street, zone boundary line, or another use. Where the term "setback" is used in conjunction with a modifying word or words, such as "parking area," the setback shall, in its application, include but not be limited to building.

Shared parking. "Shared parking" means parking spaces shared by more than one user or land use.

Shopping center. "Shopping center" means a group of commercial establishments planned and developed, owned or managed as a unit, with off-street parking and loading provided on the property, and related in its location, size, and type of shops to the trade area which the unit serves.

Sidewalk. "Sidewalk" means that portion of a thoroughfare, other than a roadway, set apart by curbs, barriers, markings or other delineations for pedestrian travel.

Sidewalk cafe. "Sidewalk cafe" means the outdoor seating portion of an eating or drinking establishment such as a restaurant, coffeehouse, or cafe. Sidewalk cafes must conform to the regulations set forth in Section 18.30.200.

Side yard. For this definition, see "yard, side."

Sight visibility triangle. Refer to "traffic visibility triangle."

Site, building. For this definition, see "building site."

Site, Vacant. A "vacant site" means a site without any houses, offices, buildings, or other significant improvements on it. Improvements are generally defined as development of the land or structures on a property that are permanent and add significantly to the value of the property.

Site, Nonvacant. A "nonvacant site" means a site with one or more houses, offices, buildings, or other significant improvements on it. Improvements are generally defined as development of the land or structures on a property that are permanent and add significantly to the value of the property.

Skilled nursing facility. "Skilled nursing facility" means an institution, or part of an institution, that provides licensed, skilled nursing care and related services for patients who require twenty-four-hour medical, nursing or rehabilitative services.

Sloping terrain. "Sloping terrain" means any ground surface having a rate of incline or decline of greater than a ten percent gradient.

Solar array. A "solar array" is an electrical device consisting of a large array of connected solar cells

Solar collector. A "solar collector" is any of several devices that absorb and accumulate solar radiation for use as a source of energy.

Solar energy system:

(1)

Any solar collector or other solar energy device, certified pursuant to state law, along with its ancillary equipment, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.

(2)

Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.

Specific plan. "Specific plan" means a definite statement, adopted by ordinance, of policies, standards, and regulations, together with a map or description defining the location where such policies, standards, and regulations are applicable.

Stall, parking. For a definition of "parking stall."

Storage, outdoor. For a definition of "outdoor storage."

Story. For a definition of "story," see the Uniform Building Code.

Street or public street. "Street" or "public street" means any public thoroughfare other than an alley or walk. Where a subdivision has been recorded containing lots which abut only on an alley or walk, the alley or walk may be considered to be a street.

Street, collector. "Collector street" means a street (including the principal access streets of a subdivision) which carries traffic from local streets, either directly or by way of other existing or proposed collector streets, to a major or secondary highway.

Street line. "Street line" means the boundary line between a street and the abutting property.

Street, local. "Local street" means any street, other than a collector street, major or secondary highway or freeway, providing access to abutting property and serving local, as distinguished from through, traffic.

Street or alley, future. "Future street or alley" means any real property which the owner thereof has offered for dedication to the city for street or alley purposes but which has been rejected by the city council subject to the right of the council to rescind its action and accept by resolution at any later date and without further action by the owner all or part of said property as a public street or alley.

Street, private. "Private street" means a private road easement that the director determines to be adequate for access and which conforms to such dimensional and improvement standards as are adopted by the commission.

Street, side. "Side street" means a street which is adjacent to a corner lot and which extends in the general direction of the line determining the depth of the lot.

Structural alteration. "Structural alteration" means any change in the supporting members of a building, such as foundations, bearing walls, columns, beams, floor or roof joists, girders, or rafters, or changes in roof or exterior lines.

Structure. "Structure" means anything constructed or erected which is supported directly or indirectly on the earth, but not including any vehicle which conforms to the California State Vehicle Act. "Structure" includes any building or accessory building which can be used for the housing, shelter, or enclosure of persons, animals, chattels, or property of any kind, plus fences, walls, billboards, platforms, towers, panels and signs.

Structure, accessory. For this definition, see "accessory structure."

Subdivision Map Act. "Subdivision Map Act" means the Subdivision Map Act of the state.

Studio or efficiency unit. "A studio or efficiency unit" means a dwelling that combines kitchen, living, and sleeping rooms into one room.

Substantial conformance. "Substantial conformance" means a determination in which a revision to a development that was approved through a permit or tentative map complies with the objectives, standards, guidelines, and conditions, for that permit or tentative map.

Supportive housing. Supportive housing is defined in Section 50675.14 of the Health and Safety Code and has no limit on the length of stay, is linked to on-site or off-site services, and is occupied by a target population as defined in Health and Safety Code Section 53260 (i.e., low income persons with mental disabilities, AIDS, substance abuse or chronic health conditions or persons whose disabilities originated before the person turned eighteen). Services typically include assistance designed to meet the needs of the target population in retaining housing, living and working in the community, and/or improving health and may include case management, mental health treatment, and life skills.

Tandem parking. "Tandem parking" is where vehicles park nose-to-end or are stacked vertically. Tandem parking shall only be permitted in the Westside and Downtown Specific Plan areas, and in multi-family or mixed-use developments within enclosed parking garages (see section 18.45.055). See definition for "parking lift, mechanical."

Tattoo. The terms "tattoo refers to any method of placing designs, letters, scrolls, figures, symbols or any other marks upon or under the skin of a human with ink or any other substance, resulting in the coloration of the skin by the aid of needles or any other instrument designed to touch or puncture the skin.

Tattoo and body piercing establishment. A "tattoo and body piercing establishment" is an establishment that provides a service for tattoos and body piercing as defined in this section. See "tattoo" and "body piercing."

Telecommunications facility/wireless telecommunications facility. "Telecommunications facility/wireless telecommunications facility" means a facility consisting of any commercial antenna, monopole, microwave dish, and/or other related equipment necessary for the transmission and/or reception of cellular, personal communication service, and/or data radio communications.

Telephone repeater station. "Telephone repeater station" means a building used for housing amplifying equipment along aerial or underground telephone cable routes. See also "public utility service center" and "public utility service yard."

Temporary use. For this definition, see "use, temporary."

Tentative map. "Tentative map" means a map made for the purpose of showing the design of a proposed subdivision and the existing conditions in and around it, and need not be based upon an accurate or detailed final survey of the property.

Tentative map, revised. "Revised tentative map" means a map involving a revised arrangement of the streets, alleys, easements or lots within property for which a tentative map has been previously approved, or a modification of the boundary of the property.

Termination, land use activity. "Termination" or "cessation" of a land use activity occurs when premises are, from outward appearance, vacated, abandoned, inoperative or disused for a consecutive period of thirty days or more, or when electric service has been discontinued by the occupant or the premises are barricaded, padlocked or otherwise closed to all entry; or when the holder of city permits or licenses advises city agencies that a use has terminated or ceased.

Texture. "Texture" means variations in the exterior facade described in terms of the roughness of the surface material and the patterns inherent in the material or the patterns in which the material is placed.

Threshold concentration or threshold limit value. For definitions, see "odor threshold concentration" and "odor threshold limit value."

Tideland. "Tideland(s)" means that area designated by the state legislature to be the jurisdiction of the San Diego Unified Port District.

Tobacco specialty business. "Tobacco specialty business" means any business, the primary use of which is the use and/or sale of tobacco products or paraphernalia. A business shall be determined a tobacco specialty business when more than forty percent of its floor area is devoted to the use, display, and/or sales of tobacco products and/or paraphernalia.

Townhouses or townhomes. "Townhouses" means attached buildings, each containing a single dwelling unit and each located or capable of being located on a separate lot.

Trailer. For definitions relating to trailers, see "recreational vehicles."

Trailer, utility. "Utility trailer" means a vehicle designed to be drawn by a motor vehicle for the purpose of transporting cargo, but not including any recreational vehicle or mobile home. The vehicle shall not exceed two thousand pounds in weight. Compare "mobile home" and "recreational vehicles."

Traffic visibility triangle. "Traffic visibility triangle" is a triangular area that defines a zone necessary for the clear view by the driver of a motor vehicle or a bicyclist of oncoming cross-street motor vehicle, bicycle or pedestrian traffic or of a traffic control device, and includes street intersection visibility triangles, alley intersection visibility triangles, and public access driveway visibility triangles for all land uses. A visibility triangle is the area encompassed by the triangle formed by projecting lines of a specified distance from the

point of intersection of the front and side street edges of pavement and a straight line connecting the termini of said projected lines. Within the area comprising the triangle, no tree, fence, shrub, or other physical obstruction higher than three feet above the official grade lot line grade shall be permitted.

Transit Priority Area. "Transit Priority Area" means the area defined in California Public Resources Code Section 21099, as may be amended, or an area within one-half mile of a major transit stop that is existing or planned, if the planned major transit stop is scheduled to be completed within the planning horizon included in a Transportation Improvement Program.

Transient. "Transient" means any person who exercises temporary occupancy by reason of concession, permit, right of access or license under the provision of Civil Code Section 1940(b).

Transitional housing. "Transitional housing" is defined in Section 50675.2 of the Health and Safety Code as rental housing for stays of at least six months but where the units are re-circulated to another program recipient after a set period. Transitional housing may be designated for a homeless individual or family transitioning to permanent housing. This housing can take several forms, including group housing or multifamily units, and may include supportive services to allow individuals to gain necessary life skills in support of independent living.

Trash enclosure. A "trash enclosure" is a wall surrounding a trash bin or bins and accessible by a gate of sufficient width to allow the bin to be removed and which is constructed in a manner and of materials that blend architecturally and aesthetically with the main structure. A trash enclosure shall not be considered in the calculations for lot coverage. See also Title 7.

Travel trailer. For this definition, see "recreational vehicles."

Trucking and transportation terminal. A "trucking and transportation terminal" is an establishment which provides the movement of goods/products from one location to another, where trucks/tractors are dispatched from a central location to haul goods/products from one location to another or to many other locations. A transportation facility may also include parking, refueling, and accessory uses including but not limited to an office, convenience goods and services, maintenance, and repair of vehicles.

Unit, Single Room Occupancy (SRO). "Single Room Occupancy (SRO)" means "a rooming unit or efficiency living unit located in a building containing six or more such dwellings that are offered for occupancy by residential tenants for at least thirty consecutive days. Kitchen and bathroom facilities may be wholly or partially included in each living space or may be fully shared.

Urban agriculture. "Urban agriculture" is the cultivation, processing, and distribution of edible vegetables, flowers, herbs, fruits, and other plants.

Use. "Use" means the purpose for which land or structures are arranged, designed or intended, or for which either land or structures are, or may be, occupied or maintained. "Use" includes construction, establishment, maintenance, alteration, moving onto, enlargement, operation or occupancy.

Use, accessory. For this definition, see accessory use."

Use, conditional. For this definition, see "conditional use." For provisions regarding conditional use permits, see Chapter 18.12.

Use, principal. "Principal use" means the main or primary purpose for which a structure or lot is designed, arranged or intended, or for which either may be used, occupied or maintained under this title.

Use, temporary. "Temporary use" means a use of land or structures not intended to be of permanent duration and regulated by Chapter 15.60.

Utility building. "Utility building" means a separate building on the same lot with the main building or a portion of an accessory building designed or intended for use as a washhouse, laundry room, or any similar purpose. Plumbing facilities are permitted but the building shall not be designed nor equipped for cooking or preparation of food.

Utility facilities, major. "Utility facilities, major" means generating plants, electrical switching facilities and primary substations, refuse collection or disposal facilities, water and wastewater treatment plants and similar facilities.

Utility facilities, minor. "Utility facilities, minor" means facilities which are necessary to support principal development and involve only minor structures such as lines and poles which are necessary to support principal development.

Utility trailer. For this definition, see "trailer, utility."

Variance. For a definition of "variance" and provisions regarding variances, see Chapter 18.12.120, variances.

Vehicle. "Vehicle" means a device or craft that is designed or used to transport people or cargo. Vehicles include automobiles, trucks, boats and other watercraft, campers, motor homes and other recreational vehicles, trailers, and motorcycles. A semi-trailer truck and farm equipment shall not be included in the definition of a vehicle for the purpose of this Land Use Code.

Vehicle, accessory. "Accessory vehicle" means any motor vehicle used in connection with the operation of any structure or use.

Vehicle, commercial. "Commercial vehicle" means a vehicle which when operated upon a highway is required to be registered as a commercial vehicle by the California Vehicle Code, and which is used or maintained for the transportation of persons for hire, compensation, or profit, or designed, used or maintained primarily for the transportation of property.

Vehicle, recreational. For definitions relating to recreational vehicles, see "recreational vehicles."

Vehicle queuing. "Vehicle queuing" is the length of a drive aisle necessary to allow for the movement of vehicles within a parking lot to a drive-up window service or other drive-through services without impeding the flow of traffic on-site and off-site.

Vehicle storage yard, commercial. "Commercial vehicle storage yard" means the storage, for compensation or consideration, of more than one motor vehicle, recreational vehicle, or unoccupied mobile home on a parcel of land for a period of time exceeding seventy-two hours. A commercial vehicle storage yard shall comply with the provisions of Section 18.40.040 (Automobile Impound and Storage Yards) and Section

18.40.070 (Outdoor Storage). Premises used for the sale, lease, or rental of motor vehicles, recreational vehicles, or mobile homes shall not be governed by this section.

Vehicular access rights. "Vehicular access rights" means the right or easement for access of owners or occupants of abutting lands to a public way other than as pedestrians.

Vending machine. A "vending machine" is a device which dispenses a product or service, either for sale or for free, and which is activated entirely by the receiver of the product or service, including ice machines; food and beverage vending machines; purified, distilled or spring water vending machines; movie vending machines; and newspaper racks or similar. Vending machines do not include motor fuel pumps.

Veterinary clinic. "Veterinary clinic" means a treatment center serving only those kinds of small, domesticated animals or household pets commonly maintained in residence with man.

Veterinary hospital. "Veterinary hospital" means an establishment where more than six domestic animals are kept for observation, diagnosis, and medical care.

Walk. "Walk" means any right-of-way for pedestrians, including sidewalks and inner-block walks.

Walkway. "Walkway" means any path or way, which is some manner, is specifically designated exclusively for pedestrian travel.

Warehouse. A "warehouse" is a building used for storage of goods or materials other than stock in trade of businesses on the premises or for goods stored in conjunction with permitted distribution type businesses operated on the premises or goods or materials manufactured on the premises. Warehouse includes the storage of impounded goods and materials, dead storage, and storage of in-transit commodities. It does not include mini-warehouses or self-storage facilities.

Waterfront related industry. "Waterfront related industry" includes waterfront uses and activities including small boat marinas; ship berthing; supportive commercial and recreational businesses; boat and other water vehicle sales, leasing, rentals, and service/repair; freight handling; any use operated and maintained by the San Diego Unified Port District as part of the marine terminal; and any other use determined by the city to have the same general character as those uses listed here.

Water supply. "Water supply" means such water system supply and distribution facilities as are necessary to provide a reliable and adequate water supply for private use and public fire protection services.

Wholesale store or sales. "Wholesale store" or "wholesale sales" means a business establishment engaged in selling to retailers or jobbers, rather than consumers.

Wind energy system. "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.

Winery. "Winery" means an establishment that is licensed by the California Department of Alcoholic Beverage Control ("ABC") under a Type 2 license to manufacture and sell alcoholic beverages on the premises for on-site or off-site consumption. Minors are allowed on the premises (per ABC license regulations).

Winery tasting room. "Winery tasting room" means an establishment which is licensed by the California Department of Alcoholic Beverage Control (ABC) under a Type 2 duplicate license to sell wine products that the licensee produces for on-site and off-site consumption, including sales of sealed wine bottles for offsite consumption. Only wine produced by the master licensee may be sold and/or consumed at the location. Minors are allowed on the premises (per ABC Type 2 license regulations).

Yard. "Yard" means an open space, other than a court, on a lot or parcel of land, unoccupied and unobstructed from the ground upward, except as otherwise provided in this title.

Yard, front. "Front yard" means an open space extending the full width of the lot measured between the building closest to the front lot line, which open space is between a building and the front lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this title.

Yard, front, least depth:

1.

"Front yard least depth" means the shortest distance, measured horizontally between any part of a building other than parts herein excepted, and the front lot line.

2.

Such depth shall be measured from the front lot line; provided, however, that if the proposed location of the right-of-way line of such street as adopted by the city differs from that of the existing street, then the required front yard least depth shall be measured from the right-of-way line of such street as adopted; or said building shall comply with the official setback lines as adopted by the city.

Yard, rear. "Rear yard" means an open space between a building and the rear lot line, unoccupied and unobstructed from the ground upward and extending across the full width of the lot, except as specified elsewhere in this title.

Yard, rear, least depth. "Rear yard least depth" means the shortest distance, measured horizontally, between any part of a principal building other than parts hereinafter excepted, and the rear lot line.

Yard, side. "Side yard" means an open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this title. A side yard on the street side of a corner lot shall be known as an exterior side yard.

Yard, side, least width:

1.

"Side yard least width" means the shortest distance, measured horizontally, between any part of a building other than parts herein excepted, and the nearest side lot line.

Such width shall be measured from the nearest side lot line and, in case the nearest side lot line is a side street lot line, from the right-of-way line of the existing street; provided, however, that if the proposed location of the right-of-way line of such street as adopted by the city differs from that of the existing street, then the required side yard least width shall be measured from the right-of-way of such street as adopted; or said building shall comply with any applicable official setback lines.

Zone. "Zone" means a portion of the territory of the city within which certain uniform regulations and requirements or various combinations apply under the provisions of this title.

Zoning map. "Zoning map" means the designated official map or maps which show the location and boundaries of the districts established by this title and which are referred to as the "zoning map" and incorporated as a part of this title. The zoning map, together with everything shown thereon and all amendments thereto, are as much a part of this title as if fully set forth and described in context.

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

Percentage Very Low-Income	Percentage Density Bonus
10	15
11	16
12	17
13	18
14	19
15	20
16	21
17	22
18	23
19	24
20	25
21	26
22	27
23	28
24	29
25	30
26	31
27	32
28	33
29	34
30	35

Percentage Very Low-Income	Percentage Density Bonus
10	15
11	16
12	17
13	18
14	19
15	20
16	21
17	22
18	23
19	24
20	25
21	26
22	27
23	28
24	29
25	30
26	31
27	32
28	33
29	34
30	35

Percentage Very Low-Income	Percentage Density Bonus
10	15
11	16
12	17
13	18
14	19
15	20
16	21
17	22
18	23
19	24
20	25
21	26
22	27
23	28
24	29
25	30
26	31
27	32
28	33
29	34
30	35