A.

Purposes of this title.

1.

Promote and protect the public health, safety, welfare and general prosperity of the city;

2.

Implement the general plan;

3.

Encourage the most desirable and appropriate use of land for open space, residential, commercial, industrial, institutional, and other purposes, including the most desirable mix and intensity of uses and density of population throughout the city;

4.

Ensure the orderly and adequate provision of infrastructure, facilities, and services such as streets, sidewalks, water, sewer, schools, and other public improvements;

5.

Encourage the most appropriate use and occupancy of buildings;

6.

Promote good planning and design;

7.

Provide standards that include: the use and intensity of use of structures and land for residential, commercial, industrial, institutional, or other purposes; population density; the location, height, bulk and size of buildings and other structures; yards, courts, and other private and public open spaces; parking and loading; signs; the division of land; and grading.

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

A.

Limitations on Land Use. Except as otherwise provided:

1.

No building or part thereof or other structure shall be erected, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designated or intended to be used for any purpose or in any manner other than those uses listed in this title as permitted in the zone in which such building, land, or premises is located.

2.

No building or part thereof or structure shall be erected, nor shall any existing building be altered, enlarged or rebuilt or moved into any zone, nor shall any open space be encroached upon or reduced in any manner, except in conformity with the standards and regulations of this title.

B.

Application of Provisions. The provisions of this title shall apply to all structures or land owned, operated or controlled by any person, corporation, or governmental agency, unless specifically excepted by ordinance or by applicable state or federal regulations.

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

A.

Statutory Authority. This title is adopted pursuant to the provisions of the Planning Law, Title 7 of the Government Code of the state.

B.

Relationship to the General Plan. The Land Use Code is the primary tool used to implement the goals and policies contained within the general plan. All matters governed by this title shall substantially conform to the purposes, intent or provisions of the general plan. Any recommendations for zone changes, if found to be not in conformance with the general plan and its phrasing, should not be permitted unless it is also found that the general plan is in error or in need of change. In this situation, the general plan must also be amended to maintain consistency between the general plan and zoning.

C.

Relationship to Specific Plans. Specific plans are designed to meet the requirements of the State Government Code and National City's General Plan. All uses, buildings, or structures located within a specific plan area shall comply with the provisions of the applicable specific plan. Where such provisions conflict with zoning regulations, the requirements of the adopted specific plan shall take precedence over the Land Use Code. In instances where the specific plan is silent, the Land Use Code shall prevail.

D.

Relationship to Design Guidelines. The city's design guidelines are intended to supplement the general design and development regulations located in Division 4 of this Land Use Code. Conformance to the design guidelines is strongly encouraged, but not mandatory. The design guidelines represent the city's preferences and provide examples of appropriate, quality design that positively contribute to the character of the community, but they are not intended to preclude alternatives or restrict imagination. In the event there is a conflict between Division 4 of this Land Use Code and the design guidelines, the regulations in Division 4 shall prevail.

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

This Land Use Code shall be administrated by: the city council, the planning commission, and the city manager or his/her designee in compliance with Title 18 of the Municipal Code.

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

A.

Purpose. This section provides rules for resolving questions about the meaning or applicability of any part of this title. The provisions of this section are intended to ensure the consistent interpretation and application of the requirements of this Land Use Code and the General Plan.

B.

Rules of Interpretation.

1.

Authority. The city manager or his/her designee shall have the responsibility and authority on a staff level to interpret the meaning and applicability of all provisions and requirements of this title.

2.

Language.

a.

Terminology. When used in this title, the words "shall," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "include," "includes," and "including" mean "including but not limited to ...."

b.

Number of Days. Whenever a number of days is specified in this title, or in any permit, condition of approval, or notice issued or given as provided in this title, the number of days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the city is not open for business, except as otherwise provided for by other state and federal laws, regulations, and agencies.

c.

Number of Months. Whenever a time limit in this title is specified in months, the number of months shall be deemed to be consecutive months.

3.

Calculations and Rounding. Where provisions of this Land Use Code require calculations to determine applicable requirements, any fractional/decimal results of the calculations shall be rounded as provided by this section.

a.

Residential Density and Number of Lots/Parcels. For example, the RS-1 zoning district allows a minimum lot area of ten thousand square feet for new subdivisions. Therefore, a parcel of thirty-eight thousand square feet could be subdivided into a maximum of three parcels, if approved by the review authority (38,000/10,000 = 3.8, which would be rounded down to three). Refer to Section 18.10.060(C) for rules regarding fractions.

4.

Conflicting Requirements. Any conflicts between requirements of this title, or between this title and other regulations, shall be resolved as follows.

a.

Land Use Code Provisions. In the event of any conflict between the provisions of this title, the most restrictive requirement shall control.

b.

Development Agreements or Specific Plans. In the event of any conflict between the requirements of this title and standards adopted as part of any development agreement or specific plan, the requirements of the development agreement or specific plan shall control.

c.

Other Regulations. In the event of any conflict between requirements of this Land Use Code and other regulations of the city, the most restrictive requirement shall control as determined by the city.

d.

Private Agreements. It is not intended that the requirements of this Land Use Code shall interfere with, repeal, abrogate or annul any easement, covenant, or other agreement that existed when this Land Use Code became effective. This Land Use Code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than an applicable private agreement or restriction, without affecting the applicability of any agreement or restriction. The city shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement.

e.

General Plan. See Section 18.10.030(B).

5.

Internal Cross-References. When a provision of this Land Use Code refers to a requirement elsewhere, the subject of the cross reference is assumed to be another chapter, section, or Subsection of this title, or another provision within the same section or chapter, unless the title of another document is provided.

6.

Zoning Map Boundaries. See Chapter 18.20 (Zoning Map).

7.

Allowable Uses of Land. See Chapters 18.21 through 18.26 for allowable land uses by zoning district.

C.

Procedures for Interpretations.

1.

Whenever the requirements of this title are subject to interpretation generally, or as applied to a specific case, the city manager or his/her designee shall issue a determination or refer the matter to the planning commission for interpretation.

2.

Request for Interpretation. The request for an interpretation or determination shall be filed with the city and shall include all information required by the city.

3.

Referral of Interpretation. The city manager or his/her designee has the option of forwarding any determination of the meaning or applicability of any provision of this title directly to the planning commission for consideration.

4.

Findings, Basis for Interpretation. The issuance of an interpretation shall include findings stating the basis for the interpretation. The basis for an interpretation may include technological changes or new industry standards. The issuance of an interpretation shall also include a finding documenting the consistency of the interpretation with the General Plan, and any applicable specific plan.

5.

Record of Interpretations.

a.

Interpretations shall be written and quote the provisions of this title interpreted, and the applicability in the particular or general circumstances that caused the need for interpretations; and

b.

This title shall be amended to reflect interpretations made as soon as is practical. Until an amendment can occur, the city manager or his/her designee shall maintain a complete record of all interpretations indexed by the number of the chapter or section that is the subject of the interpretation.

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

A.

Purpose. The purpose of this section is to explain how various measurements referenced in this title are to be calculated.

B.

Applicant Responsibility. For all calculations, the applicant shall be responsible for supplying drawings illustrating the measurements that apply to a project. These drawings shall be drawn to scale and of sufficient detail to allow easy verification upon inspection by the city.

C.

Fractions. When calculating a maximum requirement, round down to nearest whole number. When calculating a minimum requirement, round up to nearest whole number.

D.

Measuring Distances.

1.

Measurements are the Shortest Distance. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the closest or shortest distance between the two objects.

2.

Distances are Measured Horizontally. Distances are measured along a horizontal plane unless otherwise specified.

3.

Measurements Involving a Structure. Measurements involving a structure are made to the closest wall of the structure, unless otherwise specified.

4.

Measurements Between Uses. When measuring the distance between two different uses, the measurement is calculated from closest lot line to lot line.

E.

Measuring Height.

1.

General. Height shall be considered the vertical distance from the highest point of any structure to the ground level directly below, except as otherwise provided in this section.

2.

Measuring Building Height on Sloped Lots. Height shall be measured from any point on top of the building to a line directly below which connects to opposite perimeter walls, or other perimeter support systems, at the lower of natural or finished grade. All parts of a building, except for allowed projections specifically listed in this Land Use Code, shall comply with maximum height limits.

3.

Measuring the Height of Buildings Located Near Retaining Walls. If any portion of a building lies within the setback area of a lot and the base of the retaining wall is at a lower elevation than the building, the height of the building shall be calculated from the base of the retaining wall (at the lower of natural or finished grade) rather than from the base of the building wall.

4.

Measuring the Height of Combined Fences and Retaining Walls. When a fence is constructed on top of or within one foot of the face of an above-ground retaining wall, and located in a required yard, the height of the fence shall be measured from the top of the fence to the midpoint height of the retaining wall.

F.

Measuring Lot Width and Depth.

1.

Lot Width. Minimum lot width shall be measured at the front setback line, or from the front property line is there is no required setback, as determined by the zoning of the parcel.

2.

Lot Depth. Lot depth is measured along an imaginary straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear property line or to the most distant point on any other lot line where there is no rear lot line.

G.

Determining Floor Area. Floor area is the horizontal area (expressed in square feet) of all floors included within a building or buildings, according to the following rules:

1.

Included in Floor Area. Floor area is deemed to include:

a.

The floor of atrium and lobby areas.

b.

Enclosed and roofed storage and equipment spaces.

c.

Enclosed and roofed halls, stairways, and elevator shafts.

d.

Enclosed and roofed porches and balconies.

e.

Portions of basements and attics that meet building code height requirements for living space.

f.

The actual floor space of mezzanines, interior balconies, and lofts.

2.

Excluded from Floor Area. Floor area does not include:

a.

Unenclosed balconies, decks, porches, and stairs.

b.

Substandard height portions of attics and basements.

c.

The area within a building adjacent to, and in an imaginary horizontal plane with, interior balconies, mezzanines, or lofts.

H.

Determining Floor Area Ratio. Floor area ratio (FAR) is the ratio of the floor area of all principal and accessory buildings on a lot to the lot area. To calculate FAR, floor area is divided by lot area, and typically expressed as a decimal. For example, if the floor area of all buildings on a lot totals twenty thousand square feet, and the lot area is ten thousand square feet, the FAR is expressed as 2.0.

I.

Determining Lot Coverage. Lot coverage is the ratio of the footprint of all structures on a lot to the lot area, typically expressed as a percentage. The footprints of all principal and accessory structures, including garages, carports and roofed porches, shall be summed in order to calculate lot coverage. The following structures shall be excluded from the calculations:

1.

Unenclosed and unroofed structures; porches, landings, balconies, and stairways less than three feet in height.

2.

Unenclosed and unroofed decks less than eighteen inches in height.

3.

Eaves and roof overhangs projecting up to four feet from a wall.

4.

Trellises and similar structures that do not have solid roofs.

5.

Swimming pools and hot tubs that are not enclosed in roofed structures.

6.

Trash enclosures.

7.

Solar collectors.

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

A.

Purpose and Intent. It is the purpose of this section to provide reasonable accommodations in the City's zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling.

B.

Definitions. The following terms as used in this section shall, unless the context clearly indicates otherwise, have the following meanings:

1.

"Applicant" means a person, business, or organization making a written request to the city for reasonable accommodation in the strict application of the City's zoning and land use laws, rules, policies, practices and/or procedures.

2.

"Director" means the Community Development Director.

3.

"Disabled person" or "person with a disability" means an individual who has a physical or mental impairment that limits one or more of that person's major life activities; anyone who is regarded as having such impairment; or anyone who has a record of having such an impairment. Such an impairment shall not include an individual's current, illegal use of a controlled substance.

4.

"Fair Housing Laws" means the "Federal Fair Housing Act," the Americans with Disabilities Act, and the "California Fair Employment and Housing Act," as these statutes now exist or may be amended from time to time, and each Act's implementing regulations.

5.

"Reasonable accommodation" means any deviation requested and/or granted from the strict application of the City's zoning and land use laws, rules, policies, practices and/or procedures.

C.

Authority of the Planning Director. The planning director is hereby designated to approve, conditionally approve, or deny, without public hearing, all applications for a reasonable accommodation.

D.

Procedure for Application Review.

1.

Applicant. A request for a reasonable accommodation may be made by any person with a disability, his or her representative, or a developer or provider of housing for individuals with a disability.

2.

Application. An application for a reasonable accommodation shall be made on a form provided by the Planning Department. No fee shall be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits. If an individual needs assistance in making the request for reasonable accommodation, the City will provide assistance to ensure that the process is accessible.

3.

Other Discretionary Permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit.

4.

Required Submittals. An application for a reasonable accommodation shall include the following:

a.

Documentation that the applicant is: (i) a person with a disability, (ii) applying on behalf of one or more persons with a disability, or (iii) a developer or provider of housing for one or more persons with a disability;

b.

The name and address of the individual(s) requesting the reasonable accommodation;

c.

The name and address of the property owner(s);

d.

The address of the property for which accommodation is requested;

e.

A description of the reasonable accommodation requested by the applicant;

f.

An explanation of how the specific reasonable accommodation requested by the applicant is necessary to provide one or more persons with a disability an equal opportunity to use and enjoy the residence;

g.

Where applicable, documentation that the requested accommodation is designed and constructed pursuant to the California Code of Regulations to allow access, circulation and full use of the building and facilities by persons with disabilities.

5.

The planning director may request additional information from the applicant if the application does not provide sufficient information for the City to make the findings required in Subsection E.

E.

Basis for Approval or Denial of a Reasonable Accommodation.

1.

Findings. The written decision shall be based on the following findings, all of which are required for approval:

a.

The requested accommodation is requested by or on behalf of one or more persons with a disability protected under the Fair Housing Laws;

b.

The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling;

c.

The requested accommodation will not impose an undue financial or administrative burden on the City;

d.

The requested accommodation will not result in a fundamental alteration in the nature of the City's zoning program;

e.

The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.

2.

In determining whether the requested reasonable accommodation is necessary to provide one or more disabled persons an equal opportunity to use and enjoy a dwelling, pursuant to Subsection (E)(1)(b), the City may consider, but is not limited to, the following factors:

a.

Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability;

b.

Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation;

c.

In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants;

d.

In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.

3.

In determining whether the requested reasonable accommodation would require a fundamental alteration in the nature of the City's zoning program, pursuant to Subsection (E)(1)(d), the City may consider, but is not limited to, the following factors:

a.

Whether the requested accommodation would fundamentally alter the character of the neighborhood;

b.

Whether the accommodation would result in a substantial increase in traffic or insufficient parking;

c.

Whether granting the requested accommodation would substantially undermine any express purpose of either the City's general plan or an applicable specific plan;

d.

In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.

4.

Rules While Decision is Pending. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

F.

Notice of Decision.

1.

The planning director shall issue a written determination to approve, conditionally-approve, or deny a request for a reasonable accommodation. The planning director may elect to forward the matter to the Planning Commission for consideration of the application.

2.

Appeals of the Director's action shall be made in accordance with Section 18.12.060.

G.

Expiration, Time Extension, Violation, Discontinuance, and Revocation.

1.

Expiration. Any reasonable accommodation approved in accordance with the terms of this section shall expire within twenty-four months from the effective date of the approval, or at an alternative time specified as a condition of the approval, unless:

a.

A building permit has been issued and construction has commenced;

b.

A certificate of occupancy has been issued;

c.

The use is established; or

d.

A time extension has been granted.

2.

Time Extension.

a.

The planning director may, upon an application being filed prior to expiration and for good cause, grant a time extension of up to three one-year extensions of time. Each extension of time shall be granted in one-year increments only. Upon granting of an extension, the planning director shall ensure that conditions of the administrative approval comply with all current development code provisions.

b.

Notice. Notice of the planning director's decision on a time extension shall be provided in writing. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process.

c.

Appeal of Determination. A time extension for a reasonable accommodation shall be final unless appealed to the City Council within fourteen calendar days of the date of mailing of the determination. An appeal shall be made in writing and shall be noticed and heard pursuant to the procedures established in Section 18.12.060 of this code.

3.

Discontinuance. If the disabled persons for whom the reasonable accommodation was originally granted vacate the residence to which the reasonable accommodation applies, the reasonable accommodation shall remain in effect only if the planning director determines that: (a) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the Municipal Code; or (b) the accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The planning director may request that the applicant, or his or her successor-in-interest, provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within thirty days of the date of a request by the city shall constitute grounds for discontinuance by the city of a previously approved reasonable accommodation.

4.

Revocation. Any reasonable accommodation approved in accordance with the terms of this code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith.

H.

Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The planning director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval.

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

Within the zones established by this title, there exist uses, structures and lots which were lawful before the Land Use Code was adopted or amended, but which would be prohibited under the terms of this title or future amendment to this title. It is the intent of this title to permit these nonconforming uses to continue until they are terminated, but not to encourage their expansion. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building where a building permit has been issued prior to the effective date of the Land Use Code, provided such permit construction is diligently carried to completion.

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

Any lawful nonconforming use existing at the time of adoption of the Land Use Code may be continued, provided such use is continually maintained and occupied. A nonconforming use in either a conforming building or a nonconforming building, structure, or portion of either shall neither be extended to any portion of the building or structure not so used nor be enlarged or extended to any other portion of the lot not actually so occupied at the time said use became nonconforming, except as otherwise provided in this chapter.

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

A.

Changes to Nonconforming Uses. No existing building or premises designed, arranged, intended, or devoted to a use not permitted in the zone in which such building or premises is located shall be enlarged, extended, reconstructed or structurally altered, except:

1.

Work done in any period of twelve months on ordinary structural alterations or replacements of walls, fixtures or plumbing not exceeding twice the building's assessed value, according to the assessment thereof by the county assessor for the fiscal year in which such work is done, shall be permitted.

2.

These provisions shall not prevent the expansion, increase in capacity, modernization or replacement of such public utility buildings, structures, equipment, and features as are used directly for the delivery of or distribution of the service; provided, however, that all setback requirements of the zone in which the site is located shall be maintained and there shall be no enlargement of the site.

3.

A single-family detached dwelling may be reconstructed or remodeled in accordance with the standards of the existing structure, i.e., in the same building location on the lot, the same size of the existing structure, and the same height as the existing structure; however, different materials and architectural details may be used.

4.

A nonconforming use located in the Westside Specific Plan area that substitutes another nonconforming use in compliance with Section 18.11.040 may expand, enlarge, reconstruct, or structurally alter the footprint of the existing building or structure for that substituted nonconforming use up to twenty percent within the existing parcel in which it is located, subject to first obtaining a conditional use permit.

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

A.

Conversion of Nonconforming Uses. A nonconforming use may not be converted to any use except to a specifically permitted use in the zone of the parcel on which it is located; except that conversion of a lawful nonconforming use to a nonconforming use found by the planning commission to be a lawful nonconforming use on another site within the same zone may be allowed where a conditional use permit therefore has been approved; provided, that this shall in no way extend the abatement provisions contained in this chapter. The exception stated in this paragraph of allowing a conversion of a lawful nonconforming use to another nonconforming use within the same zone does not apply to nonconforming uses located within the Westside Specific Plan area.

B.

Nonconforming Uses Located Within the Westside Specific Plan Area.

1.

A nonconforming use located on a parcel or parcels located within the Westside Specific Plan may not be converted to any use except to a specifically permitted use in the zone of the parcel or parcels on which it is located, except as follows:

a.

A nonconforming use may be converted to any use which is specifically permitted in the allowable uses for any of the zones identified in Appendix A of the Westside Specific Plan.

2.

A nonconforming use that converts to another nonconforming use from Appendix A may enlarge and alter their footprint to the extent allowed in Section 18.11.030.

C.

Nonconforming Uses in the CA Zone. In the CA zone where there exists commercial retail shopping facilities which became nonconforming at the time of the adoption of the Land Use Code, such facilities may continue to lease commercial space to uses typical of such facilities but not otherwise permitted in the CA zone.

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

A.

Nonconforming Buildings or Structures that Become Damaged. A nonconforming building or structure which is damaged or destroyed by fire, explosion, or natural disaster may be restored and the occupancy or use of such structure or part thereof existing at the time of such partial destruction may be continued or resumed provided:

1.

Such restoration results in an equal or lesser degree of nonconformity;

2.

The total cost of such restoration for structures other than single-family detached dwellings does not exceed one-half the replacement cost of the structure at the time of such damage (the replacement cost will be calculated by the department of building and housing);

3.

Such restoration is started within a period of one year and is carried out diligently to completion;

4.

Such damage or destruction of structures is not intentionally caused by the owner.

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

Religious Institutions of a permanent nature which became nonconforming at the time of adoption of the Land Use Code may be continued, reconstructed, structurally altered, extended or enlarged subject to plans approved by the planning commission for any reconstruction, alteration, extension or enlargement and provided such reconstruction, alteration, extension or enlargement conforms with all other provisions of this title; and provided, further, that said extension, reconstruction, alteration or enlargement shall not be extended to additional property beyond the parcel(s) upon which the nonconforming use exists.

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

A.

Nonconforming Single-Family Dwellings. Single-family dwellings which became nonconforming uses at the time of adoption of the Land Use Code or of amendments to the code may be continued, reconstructed, structurally altered, extended or enlarged in conformance with the following:

1.

Enlargement or extension of a single-family detached dwelling shall conform to the standards of the zone which applies to the property. If a proposed enlargement or extension, except in the coastal zone, results in more than two thousand five hundred square feet of floor area and/or more than four bedrooms, parking facilities shall be provided for the increase but not for any existing deficiency in such facilities. Parking facilities required as a result of this section may be provided in a garage, carport, or surface space.

2.

No increase in parking over that previously provided shall be required for reconstruction of a nonconforming single-family residential use destroyed or partially destroyed by natural disaster, but may be permitted, in conformance to development standards of the zone which applies to the property.

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

A.

Use Made Nonconforming by Off-Street Parking Requirements.

1.

Any use, excluding a single-family detached dwelling, which is nonconforming only because of changes made in the off-street parking requirements by the adoption of the Land Use Code, or any amendment thereto, may be expanded, increased or modified, or converted to a conforming use, and no addition to or change in the off-street parking facilities shall be required except as identified below.

2.

If the existing off-street parking facilities are not sufficient to comply with the requirements of this title after such expansion, increase or modification, additional parking facilities shall be added.

3.

The capacity of said facilities shall equal the difference between the off-street parking facilities this title would require for such use as expanded, increased or modified, and the off-street parking facilities as required for such use before said expansion, increase or modification.

4.

This shall not apply to entertainment and public assembly type uses which shall provide the full amount of parking otherwise required.

5.

Any additional off-street parking facilities provided under these conditions shall be developed pursuant to the provisions of Chapter 18.45 (Off-Street Parking and Loading).

6.

Any modification of off-street parking requirements permitted by this section shall not be construed to extend the termination date of the subject nonconforming use, as specified by this title.

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

A.

Nonconforming Sign Regulations.

1.

In cases where the area of signs existing as a lawful nonconforming use on a property exceeds the total allowable area for permitted signs, no additional signs shall be permitted on the property. 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.

2.

In the event a use of any site or building is vacated, terminated or abandoned, for any reason, for a period of more than one ninety consecutive days, the owner or person in possession of the property shall be responsible for the removal of all signs on the property, building or wall, or for having the copy thereon painted out, immediately upon notice from the city.

3.

Nonconforming signs shall be removed or made conforming when the business or property changes occupancy or ownership.

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

A.

Violation of Title. Any of the following violations of this title shall immediately terminate the right to operate a nonconforming use, except as otherwise provided in this title:

1.

Changing a nonconforming use to a use not permitted in the zone;

2.

Increasing or enlarging the area, space, or volume occupied by or devoted to such nonconforming use;

3.

Addition to a nonconforming use of another use not permitted in the zone.

B.

Discontinuance. A nonconforming use or structure shall become discontinued, except when extended as otherwise provided in this title, when it is:

1.

Succeeded by a conforming use;

2.

Discontinued and not re-established within a period of twelve or more consecutive calendar months;

3.

Discontinued and not re-established within a period of eighteen or more nonconsecutive calendar months in a twenty-four-month period.

C.

Termination by Operation of Law. The following conditions will result in a termination of nonconforming signs.

1.

Termination by Abandonment. Any nonconforming sign, the use of which is discontinued for a period of ninety days, regardless of any intent to resume or not to abandon such use, shall be deemed to be abandoned and shall not thereafter be re-established. Any period of such discontinuance caused by government actions, strikes, material shortages or forces of nature, and without any contributing fault by the nonconforming user, shall not be considered in calculating the length of discontinuance for purposes of this section.

2.

Termination by Change of Business. Any nonconforming sign advertising or relating to a business on the premises on which it is located shall be terminated upon any change in the ownership or control of such business.

3.

Termination by Damage or Destruction. Any nonconforming sign damaged or destroyed, by any means, to the extent of thirty-five percent of its replacement cost new shall not be restored but shall be terminated.

4.

Termination by Going Out of Business/Closure of Business. No sign that is accessory to a principal nonconforming use or structure shall continue after such principal use or structure shall have ceased or terminated, unless it shall thereafter conform to all the regulations of the zoning district in which it is located.

5.

Termination Due to Lack of Repair. Failure to keep a nonconforming sign in good repair within one year after notification by the city shall constitute abandonment and subject to termination.

D.

Affirmative Termination by Amortization.

1.

The city council of the city of National City may order a nonconforming use to be terminated within a reasonable amount of time, upon recommendation of the planning commission. The planning commission shall conduct a public hearing after ten days' written notice to the nonconforming user. If the nonconforming user has not made a substantial investment in furtherance of the use, or if the investment can be substantially utilized or recovered through a currently permitted use, the order may require complete termination of the nonconforming use within a minimum of one year after the date of the order. If the nonconforming user has made a substantial investment in furtherance of the use, or if the investment cannot be substantially utilized or recovered through a currently permitted use, the order may require the complete termination of the nonconforming use within a longer reasonable amount of time. Nonconforming uses that are determined to be an imminent threat to the public health or safety may be terminated immediately, pursuant to Chapter 1.36 of this Municipal Code. In making its recommendation to terminate a nonconforming use and in recommending a reasonable amount of time in which to terminate, the planning commission shall consider:

a.

The total cost of land and improvements;

b.

The length of time the use has existed;

c.

Adaptability of the land and improvements to a currently permitted use;

d.

The cost of moving and reestablishing the use elsewhere;

e.

Whether the use is significantly nonconforming;

f.

Compatibility with the existing land use patterns and densities of the surrounding neighborhood;

g.

The possible threat to public health, safety, or welfare; and

h.

Any other relevant factors.

The term "nonconforming use" when used in this section shall include nonconforming uses, nonconforming structures, and nonconforming lots, consistent with the intent of this title.

This amortization section does not apply to any lawful nonconforming residential uses.

Failure to comply with the city council's order to terminate a nonconforming use shall constitute a violation of this chapter and is a public nuisance subject to abatement in accordance with Chapter 1.36 of this code.

2.

That a notice of exemption shall be filed indicating that this amendment to the Municipal Code is exempt from the California Environmental Quality Act, because it can be said with certainty that there is no possibility that the action will have a significant effect on the environment as it does not have a direct effect on any property or environmental consequence.

E.

Unlawful Uses and Structures. Uses and structures that did not comply with the applicable provisions of this Land Use Code or prior planning and zoning regulations when established are violations of this code and are subject to the provisions of Title 1 of the Municipal Code (Administration and Enforcement). This section does not grant any right to continue occupancy of property containing an illegal use or structure. The activity shall not be allowed to continue unless/until permits or entitlements required by this Land Use Code and the Municipal Code are first obtained.

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

A.

Historic Structures. Nonconforming structures of historical significance may be altered or enlarged with a building permit approval granted by the city manager or his/her designee, without conforming to current setback provisions; provided the historic structure:

1.

Has been certified to be an historic resource by the city, county, or state, or in the National Register of Historic Places; or

2.

Is to be altered or enlarged as an authentic replica of the original structure.

B.

Single-family Dwellings. Single-family dwellings are exempt from the provisions of Section 18.11.100 as follows:

1.

Height. An existing single-family dwelling that is nonconforming only because it exceeds the height limit of the applicable zone, shall not be required to comply with the provisions of this title.

2.

Setbacks. Where a single-family dwelling or a detached accessory structure, is nonconforming only by reason of substandard setbacks, the provisions of this title shall not apply; provided that any structural alteration of a nonconforming structure shall not increase the degree of nonconformity, and any enlargements shall comply with the setback requirements of the applicable zoning district.

3.

Parking. A single-family dwelling that is nonconforming with respect to the parking requirements of this Land Use Code is exempt from requirements of this title that would otherwise require compliance with the parking requirements of this Land Use Code.

C.

Destroyed Nonconforming Dwelling Units.

1.

Where the city manager or his/her designee determines that a nonconforming single- or multi-family dwelling unit has been involuntarily damaged or destroyed by accident (e.g., fire, explosion, etc.) or natural disaster (e.g., earthquake, etc.), the unit may be reconstructed or replaced with a new structure using the same development standards applied to the damaged or destroyed structure (e.g., building footprint, building height, density standards, number of dwelling units, setbacks, and floor area); provided:

a.

The applicant provides documentation, satisfactory to the review authority, supporting the claim that the damage or destruction occurred involuntarily;

b.

No expansion of the gross floor area or number of dwelling units occurs;

c.

The replacement structure:

i.

Is in compliance with the current building code; and

ii.

Would not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the immediate vicinity of the replacement structure;

d.

A building permit is issued no later than twelve months after the date of destruction, and construction is diligently pursued to completion.

2.

If the preceding requirements are not met, the replacement structure shall comply with all of the regulations of the applicable zoning district in effect on the date of application for the required building permit.

D.

Seismic Retrofitting. Alterations, reconstruction, or repairs otherwise required by law (e.g., city adopted building, electrical, plumbing codes) shall be allowed. Reconstruction required to reinforce unreinforced masonry structures or to comply with building code requirements shall be allowed without cost limitations; provided, the retrofitting and code compliance are limited exclusively to compliance with earthquake safety standards and other applicable building code requirements.

E.

Nonconforming Upon Annexation. Nonconforming uses or structures, or both, which are lawfully existing at the time the property on which they are located is annexed to the city, and which do not conform to the regulations of the subject zoning district following annexation, shall be deemed legal nonconforming uses or structures, or both, and shall, upon annexation, be subject to the provisions of this chapter.

F.

Nonconforming Due to a Lack of a conditional use permit.

1.

Conformity of Uses Requiring Conditional Use Permits. A use that becomes nonconforming only because it is a use that would be required by this Land Use Code to have conditional use permit approval shall be deemed conforming, but only to the extent that it previously existed prior to adoption of the Land Use Code (e.g., maintain the same site area boundaries, hours of operation, etc.).

2.

Previous Conditional Use Permits in Effect. A use that was authorized by a conditional use permit prior to adoption of this Land Use Code, but is identified in this Land Use Code as a use that is not allowed in its current location, may continue, but only in compliance with the original conditional use permit.

G.

Previous Permits. A use or structure which does not conform to the current regulations of the subject zoning district, but for which a building permit, or a permit or entitlement approved in compliance with this Land Use Code, was issued and work substantially completed before the applicability of this Land Use Code, may be completed; provided, the work is diligently pursued to completion. Upon completion these uses or structures, or parts thereof, shall be deemed to be legal nonconforming and shall thereafter be subject to the provisions of this chapter.

H.

Development Standards. The requirements of this title relating to yards, building and structure height, area, and off-street parking requirements, for any use for which a conditional use permit is required, shall be observed, except where the planning commission and/or city council finds that specific alterations and/or exemptions with reference to such requirements are reasonable and are required to be made. Such findings shall be made only at the same time the permit is approved.

I.

Public Acquisition. Nonconforming due to public acquisition. Whenever any structure or parcel is rendered nonconforming within the meaning of this chapter by reason of a reduction in a required parcel area, reduction of off-street parking facilities, or setbacks occurring solely by reason of dedication to, or purchase by, the city for any public purpose, or eminent domain proceedings, which result in the acquisition by the city or any agency authorized for the eminent domain proceedings of a portion of the property, the structure or parcel shall not be deemed nonconforming within the meaning of this chapter.

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

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

A.

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

1.

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

a.

The project will replace all existing or demolished protected units.

1.

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

i.

The replacement units shall be made available at affordable rent or affordable housing cost to, and occupied by, low-income persons or families. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least fifty-five years.

b.

The housing development project will include at least as many residential dwelling units as the greatest number of residential dwelling units that existed on the project site within the last five years.

c.

Any existing residents will be allowed to occupy their units until six months before the start of construction activities with proper notice.

d.

The housing development project applicant agrees to provide both of the following to the occupants of any protected units:

1.

Relocation benefits to the occupants of those affordable residential rental units.

2.

A right of first refusal for a comparable unit available in the new housing development affordable to the household at an affordable rent, or an affordable housing cost.

B.

If the planned housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the application was deemed complete, the Planning Commission may deny or approve with the condition that the project be developed at a lower density, only with the written findings that the project:

1.

Would have a specific, adverse impact on public health of safety; or

2.

There is no method to mitigate or avoid the adverse impact.

C.

If a planned housing development project is not in compliance with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision, the Planning Division shall provide the applicant with written documentation identifying the reasons for noncompliance:

1.

Within thirty days of determination that the development application is complete if the project contains one hundred and fifty or fewer units; or

2.

Within sixty days of determination that the development application is compete if the project contains more than one hundred and fifty units.

3.

If the Planning Division does not provide the above required documentation, the housing development project shall be deemed compliant with applicable plans, programs, policies, ordinances, standards, requirements, and other similar provisions.

D.

If a planned housing development project proposes at least twenty percent of its units as lower-income units and is located on a parcel included in the site inventory of the currently adopted housing element, the project is subject to by right approval provided that the parcel meets one of the following requirements:

1.

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

2.

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

E.

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

F.

A planned housing development project shall not be disapproved on the basis that approval of the planned housing development would trigger the identification or zoning of additional adequate sites to accommodate the remaining RHNA allocation for National City for the current planning period.

G.

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

1.

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

2.

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

3.

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

4.

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

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

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

A.

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

1.

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

2.

The property owner's authorized agent; or

3.

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

4.

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

B.

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

C.

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

D.

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

E.

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

1.

The Planning Division shall notify the applicant for a housing development project in writing no later than thirty days after the application has been received if it is complete. If the application is incomplete, the planning division shall provide the applicant a list of required items that were not complete.

a.

The housing development project applicant may appeal this decision and the Planning Division shall provide a process through which to do so. If the Planning Division determines an application for a development project is incomplete, the applicant must submit the information required to complete the application within ninety days of receiving notification from the City that the application is incomplete. If the applicant does not adhere to this deadline, the application will be deemed expired.

b.

If the written determination of application completeness is not made within thirty days of the housing development project permit application receipt, the application shall be deemed complete. If the applicant appeals the decision, the Planning Division shall provide a final written determination no later than sixty days after receipt of the written appeal.

c.

If a final written determination is not made within sixty days of receipt of the written appeal, the application shall be deemed complete.

F.

Filing Fee. All filing fees required to be paid upon the filing of any application shall be set forth from time to time by city council resolution.

G.

Applications—Filing. Applications filed pursuant to this title shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records, and there shall be attached thereto and permanently filed copies of all notices and actions, with certificates and affidavits of applicable posting, mailing or publication.

H.

Applications—Withdrawal. Any applicant may withdraw an application at any time, provided the withdrawal is in writing and notification of public hearing has not been mailed. Any public hearing for which notification has been given shall be convened, at which time withdrawal of the application may be acknowledged and filed.

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

Applications for permits or other matters identified in this Land Use Code shall be acted upon in accordance with one of the decision processes depicted in Table 18.12.020 (Decision Processes for Planning Applications). Table 18.12.020 is provided for convenience of reference only and does not define, describe, or limit the scope, meaning, or intent of any provision of the Land Use Code. This table describes the city's processes only and does not describe other decision processes that may be required by other agencies, such as the state coastal commission. Subdivision procedures are identified in Title 17.

_____

TABLE 18.12.020
Decision Process for Planning Applications

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

_____

A.

Purpose. Ministerial review is conducted at the staff level and is intended to ensure compliance with the regulations established in the Land Use Code.

B.

Decision. An application for an administrative permit may be approved, conditionally approved, or denied by a staff person designated by the city manager without a public hearing.

C.

Notice of Application. A notice of application is only required for minor use permits pursuant to Section 18.12.080.

D.

Notice of Decision.

1.

The designated staff person shall mail notice of the decision to:

a.

The applicant.

b.

Any person who requested notice of the approval or denial of the application from the staff person.

2.

Such notice shall contain a brief statement of the reason or reasons for the approval or disapproval.

E.

Appeal to the Planning Commission. The decision of the designated staff person is final and conclusive unless, within thirty days after mailing the notice of decision, the applicant or other interested party files a written letter of appeal with the planning division in accordance with Section 18.12.060(B).

F.

Appeal to the City Council. The decision of the planning commission shall become effective and final thirty days following such action unless, within such period of time the applicant or other interested party files a written letter of appeal with the planning division in accordance with Section 18.12.060(C).

G.

Streamlined Ministerial Review.

1.

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

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

A.

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

B.

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

1.

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

C.

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

D.

Planning Commission Decision.

1.

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

2.

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

3.

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

4.

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

5.

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

E.

City Council Decision.

1.

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

2.

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

3.

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

F.

Expiration.

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

G.

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

1.

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

2.

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

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

A.

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

B.

Scheduling. For all proposals to be heard by the planning commission, the city manager or his/her designee shall set the date for public hearing and give the required notice. For all appeals of planning commission decisions and all other matters requiring public hearings by the city council, the city clerk shall set dates for public hearings and give required notices. The date of the hearings shall be not less than ten days nor more than forty-five days from the time of the filing of such verified application or the adoption of a resolution or the making of a motion to set the public hearing. If a planned housing development project complies with applicable general plan and zoning standards and the application is complete, no more than five public hearings may be conducted, and a decision to approve or deny the project shall be reached at one of the five hearings. For these purposes, a hearing does not include a hearing to review a legislative approval required for a planned housing development project.

C.

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

1.

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

2.

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

3.

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

a.

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

b.

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

D.

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

E.

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

F.

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

G.

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

H.

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

I.

Planning Commission Recommendation.

1.

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

2.

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

3.

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

J.

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

K.

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

L.

Effective Date of Decision.

1.

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

2.

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

3.

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

M.

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

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

A.

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

B.

Appeal of Staff Decisions.

1.

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

2.

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

3.

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

4.

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

C.

Appeal of Planning Commission Decisions.

1.

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

2.

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

3.

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

4.

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

D.

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

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

A.

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

B.

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

C.

Plan Review.

1.

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

a.

Compliance with this title and all other applicable city ordinances;

b.

Desirable site layout and design;

c.

Utility of open areas;

d.

Adequate landscaping;

e.

Compatibility with neighboring property;

f.

Compliance with the General Plan or an adopted specific plan;

g.

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

2.

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

3.

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

D.

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

E.

Preliminary Site Plan Review.

1.

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

2.

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

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

A.

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

B.

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

C.

Notice of Application.

1.

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

a.

The applicant.

b.

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

D.

Contents of the Notice of Application.

1.

The notice of application shall include the following information:

a.

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

b.

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

c.

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

d.

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

e.

An explanation of the process to appeal the decision.

E.

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

F.

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

G.

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

1.

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

2.

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

3.

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

4.

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

5.

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

H.

Issuance of Permit and Duration.

1.

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

a.

The applicant;

b.

The building official;

c.

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

d.

The division files for permanent retention.

2.

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

I.

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

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

A.

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

B.

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

C.

Application Requirements.

1.

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

2.

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

3.

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

4.

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

D.

Findings and Decision.

1.

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

a.

There is no display of merchandise;

b.

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

c.

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

d.

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

e.

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

f.

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

g.

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

h.

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

i.

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

j.

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

k.

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

l.

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

m.

A business license is procured.

2.

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

E.

Issuance of Permit and Duration.

1.

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

a.

The applicant;

b.

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

c.

The division files for permanent retention.

2.

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

3.

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

4.

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

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

A.

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

B.

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

C.

Exemptions from a Sign Permit.

1.

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

a.

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

b.

Interior signs; except for theater lobby signs;

c.

Public utility and safety signs that are required by law;

d.

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

e.

Signs required by the fire department to designate fire lanes;

f.

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

g.

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

h.

Construction site signs that are not illuminated;

i.

Window signs;

j.

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

k.

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

l.

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

D.

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

E.

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

F.

Decision and Findings.

1.

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

a.

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

b.

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

c.

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

G.

Issuance of Permit and Duration.

1.

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

2.

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

3.

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

4.

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

5.

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

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

A.

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

B.

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

C.

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

D.

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

E.

Findings and Decision.

1.

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

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

2.

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

F.

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

G.

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

H.

Revocation.

1.

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

a.

That the conditional use permit was obtained by fraud; or

i.

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

ii.

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

iii.

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

b.

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

c.

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

I.

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

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

A.

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

B.

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

C.

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

D.

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

E.

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

1.

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

2.

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

3.

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

F.

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

G.

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

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

A.

Purpose. The purpose of these procedures is to:

1.

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

2.

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

3.

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

4.

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

B.

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

C.

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

D.

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

E.

Special Lot Sizes, Setback, and Height Requirements.

1.

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

2.

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

F.

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

G.

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

1.

The proposed development is consistent with the General Plan;

2.

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

3.

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

4.

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

5.

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

6.

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

H.

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

I.

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

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

A.

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

B.

Initiation. Zoning amendments may be initiated by:

1.

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

2.

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

3.

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

4.

Minute action of the city council;

5.

Minute action of the planning commission.

C.

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

D.

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

E.

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

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

A.

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

B.

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

1.

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

2.

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

3.

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

4.

Minute action of the city council;

5.

Minute action of the planning commission.

C.

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

D.

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

E.

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

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

A.

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

1.

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

2.

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

B.

Designation of Historic Properties.

1.

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

2.

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

a.

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

3.

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

4.

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

5.

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

6.

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

7.

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

C.

Review of Ministerial Permits.

1.

The building official or designee shall review each request for a non-discretionary building or demolition permit to determine if it involves any structure identified on the list of historic properties. If a property proposed for demolition or significant alteration or conversion is determined to be on the historic properties list, the building official or designee shall withhold issuance of the permit for a period of thirty days.

2.

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

3.

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

4.

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

5.

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

D.

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

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