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

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

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

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

A.

Purpose.

1.

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

2.

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

3.

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

B.

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

It is intended that the following words, terms and phrases, whenever used in this chapter, shall be construed as defined in the following subsections, unless from the context a different meaning is specifically defined and more particularly directed to the use of such words, terms, or phrases.

It is also intended that those definitions and interpretations set forth in Section 1.04.010 and the glossary shall be used for purposes of uniformity of interpretation and application of the regulations and provisions of this chapter but only where they do not conflict with any definitions or interpretation set forth in this chapter.

1.

"Specified anatomical areas" means and includes any of the following:

a.

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or

b.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

2.

"Specified sexual activities" means and includes any of the following:

a.

The fondling or other touching of human genitals, pubic region, buttocks, anus, or female breast:

b.

Sex acts, normal or perverted, actual or simulated; or

c.

Masturbation, actual or simulated; or

d.

Excretory functions as part of or in connection with any of the activities set forth in this subsection.

3.

"Adult bookstore" is an establishment that devotes more than fifteen percent of the total floor area utilized for the display of books and periodicals to the display and sale of the following:

a.

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, tapes, records or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or

b.

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

c.

An adult bookstore does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal stock-in-trade and does not devote more than fifteen percent of the total floor area of the establishment to the sale of books and periodicals.

4.

"Adult motion picture theater" is an establishment, with a capacity of fifty or more persons, where, for any form of consideration, films, motion pictures, video cassettes, compact discs, digital video discs, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.

5.

"Adult mini-motion picture theater" is an establishment, with a capacity of more than five but less than fifty persons, where, for any form of consideration, films, motion pictures, video cassettes, compact discs, digital video discs, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.

6.

"Adult motion picture arcade," to include without limitation a peep show, is any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. The image-producing device or peep show device shall also include any other device by or through which electronic, video, photographic, cinematic, digital, or computer-generated images depicting specified anatomical areas or specified sexual activity defined by this section are or can be reflected or projected onto an external screen or be internally projected, generated or reflected onto a screen that is an integral part of the device itself.

7.

"Adult drive-in theater" means an open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats, and presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.

8.

"Adult cabaret" is a night club, bar, restaurant, cabaret or similar establishment which may serve food or alcoholic or non-alcoholic beverages, or both, and which, for consideration, regularly features live performances or films, motion pictures, video cassettes, compact discs, digital video discs, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or the exposure of specified anatomical areas for observation by patrons or attendees.

9.

"Adult motel" is a motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, compact discs, digital video discs, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

10.

"Adult theater" is a theater, concert hall, auditorium or similar establishment, either indoor or outdoor in nature which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified sexual activities or by exposure of specified anatomical areas for observation by patrons.

11.

"Adult model studio" is any establishment open to the public where, for any form of consideration, one or more persons display or expose any portion of specified anatomical areas to be observed, sketched, drawn, painted, sculptured, photographed, videoed or be similarly viewed or depicted by any person, other than the proprietor, who pays a consideration to either the proprietor, an employee of the proprietor or the model. This definition shall also include, without limitation, a "lingerie modeling establishment."

a.

This definition shall not apply to any school of art which is operated by an individual, firm, association, partnership, corporation or institution which meets the requirements established in the Education Code of the State of California for the issuance or conferring of, and is in fact authorized thereunder to issue and confer a diploma.

12.

"Sexual encounter establishment" is an establishment, other than a hotel, motel or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may congregate, associate or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state of California engages in sexual therapy.

13.

"Body painting studio" is an establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body when such body is wholly or partially nude in terms of specified anatomical areas.

14.

"General motion picture theater" is a building or part of a building intended to be used for the specific purposes of presenting entertainment as defined in this chapter, or displaying motion pictures, slides or closed circuit television pictures before an individual or assemblage of persons, whether such assemblage be of a public, restricted or private nature, except a home or private dwelling where no fee, by way of an admission charge, is charged; provided, however, that any such presentations are not distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas in that any such depiction or description is only incidental to the plot or story line.

15.

"Legitimate or live theater" is a theater, concert hall, auditorium or similar establishment which, for any fee or consideration, regularly features live performances which are not distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas in that any such depiction or description is only incidental to the primary purpose of the performance.

16.

"General bookstore" is an establishment engaged in the buying, selling and/or trading of new and/or used books, manuscripts and periodicals of general interest. A general bookstore does not include an establishment that is encompassed by the definition of adult bookstore.

17.

"School" is an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the state board of education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of learning under the jurisdiction of the state department of education, but it does not include a vocation or professional institution or an institution of higher education, including a community college.

18.

"Establishing an adult-oriented business," as used in this chapter, means and includes any of the following:

a.

The opening or commencement of any such business as a new business;

b.

The conversion of an existing business, whether or not an adult-oriented business, to any of the adult-oriented businesses defined in this chapter; or

c.

The addition of any of the adult-oriented businesses defined herein to any other existing adult-oriented business; or

d.

The relocation of any such business.

19.

"Transfer of ownership or control," as used in this chapter, means and includes any of the following:

a.

The sale, lease, or sublease of an adult-oriented business;

b.

The transfer of securities which constitute a controlling interest in such business, whether by sale, exchange or similar means; or

c.

The establishment of a trust, gift or other similar legal device which transfers the ownership or control of such business, except for transfer by bequest or other operation of law upon the death of the person possessing such ownership or control.

20.

"Sale and display of paraphernalia and literature commonly associated with the use of narcotics and controlled substances (headshops)" is an establishment or place where more than fifteen percent of the floor area in any room is used for the sale and display of such paraphernalia and literature, including but not limited to cocaine and sniffing kits, glass mirrors for cutting cocaine, snorting spoons and tubes, strainers to sift cocaine, water pipes (bongs), everyday items with special removable tops that have been converted to conceal narcotics and drugs, including simulated beer cans, oil cans and plastic photograph film vials, "roach clips" (for holding marijuana cigarettes), or books and magazines extolling the use of narcotics or controlled substances. Such a place is an adult-oriented business. This definition does not limit licensed pharmacies in selling and displaying paraphernalia that is medical equipment prescribed by licensed medical practitioners.

21.

A "private viewing room" is an area separated from the sales or display area of the establishment by a curtain, wall, door, shade, or similar obstruction thus allowing the private viewing of video tapes, compact discs, digital video discs, movies, transparencies, films, or projectable motion pictures by customers at the establishments.

22.

"Video cassette, compact disc, digital video disc sales, and rentals—adult" is the same as "adult bookstore."

23.

"Video games—adult" are coin-operated electronic game machines having visual displays and animation that depict in any manner, any sort of activity characterized by exposure of "specified anatomical areas" or "specified sexual activities."

24.

"Sexually oriented business" is any business in which:

a.

Specified sexual activity occurs or specified anatomical areas are exposed, or both, by a patron, attendee, employee or independent contractor for any form of consideration paid or furnished to the owner, proprietor, an employee of the owner or proprietor, or to an independent contractor at the location or premises; or

b.

Material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activity or specified anatomical areas, or both, is displayed, sold, or provided for consideration on a regular basis.

25.

"Consideration," as used in this chapter, means a payment or transfer of money or other thing of value exceeding a total of one cent to an owner or proprietor, an employee of the owner or proprietor, or to a performer, independent contractor or entertainer at the establishment, without regard to:

a.

Any donative intent of the payer, transferor, or donor;

b.

The time of payment or transfer; or

c.

Whether the payment or transfer was for admission to the establishment or for merchandise, food or beverage displayed or sold at or on behalf of that establishment.

26.

"Lingerie modeling establishment" means an establishment where, for consideration and for viewing by a patron at that establishment, a person either:

a.

Wears and displays undergarments, lingerie, underwear and similar articles of intimate apparel which cover those areas which constitute specified anatomical areas; or

b.

Changes from one costume into another in the presence of a patron or patrons and thereby exposes one or more specified anatomical areas to that patron or patrons. This definition shall not, however, be construed so as to apply to a commercial retail or wholesale establishment that principally and customarily sells clothing and related wearing apparel and where specified anatomical areas are not exposed to customers during demonstration displays of merchandise for sale.

C.

Prohibitions.

1.

No person or entity shall own, establish, operate, control or enlarge or cause or permit the establishment, operation, enlargement or transfer of ownership or control, except pursuant to Section 18.30.030(F), of any of the following adult-oriented businesses if such adult-oriented business is or would be within one thousand five hundred feet of another adult-oriented business, within one thousand five hundred feet of any school or public park within the city, or within one thousand feet of any residentially zoned property in the city:

a.

Adult bookstore;

b.

Adult motion picture theater;

c.

Adult mini-motion picture arcade (peep shows);

d.

Adult arcade;

e.

Adult drive-in theater;

f.

Adult cabaret;

g.

Adult motel;

h.

Adult theater;

i.

Adult model studio;

j.

Body painting studio;

k.

Any sexually oriented business;

l.

Adult video games;

m.

Adult video cassette sales and rentals;

n.

Sexual encounter establishments;

o.

Lingerie modeling establishment.

2.

An establishment listed in this section shall not be established, operated, enlarged, or transferred unless the provisions of the zone in which the site or proposed site is located permit such a use. The conduct of such establishment and the use of premises shall otherwise comply with the Land Use Code and all other applicable regulations.

3.

Nothing in this chapter prohibits the location of adult-oriented businesses within retail shopping centers in all commercial and major mixed-use zones wherein such activities will have their only frontage upon enclosed malls or malls isolated from their direct view from public streets, parks, schools, churches or residentially zoned property.

4.

Sexual encounter establishments shall be permitted only upon the prior issuance of a conditional use permit.

5.

The location of an adult-oriented business listed in Subsection (C)(1) (with the exception of Subsections (C)(1)k and (C)(1)o) within any new or existing retail center, as specified in Subsection (C)(3), shall not require a conditional use permit.

D.

Measure of Distance. The required minimum distance between any two adult-oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each such business. The distance between any adult-oriented business and any public school, public parks or residential zoned land shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult-oriented business to the closest property line of the public school, public park, or residential zone.

E.

Development and Maintenance Standards. All adult-oriented businesses hereafter commenced shall, in addition to compliance with the Land Use Code, comply with these specific requirements:

1.

Signs. Except for theater marquee signs, changeable copy signs, temporary signs and small permanent signs are not permitted. In addition to the requirements of Section 18.62.020 for permit approvals, all sign permits shall be subject to review and approval by the planning commission.

2.

Exterior Painting. Buildings and structures shall not be painted or surfaced with garish colors or textures or any design that would simulate a sign or advertising message.

3.

Advertisements, displays of merchandise, signs or any other exhibit depicting adult-oriented activities placed within the interior of buildings or premises shall be arranged or screened to prevent public viewing from outside such buildings or premises.

4.

No outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to an adult-oriented use is allowed.

5.

Upon order of the city manager, graffiti appearing on any exterior surface of a building or premises, which graffiti is within public view, shall be removed, and that surface shall be restored within seventy-two hours of notification to the owner or person in charge of the premises.

6.

All exterior windows that are visible to the public must be opaquely covered.

F.

Exceptions.

1.

Nothing in this section prohibits the transfer of principal ownership or control of adult-oriented uses permitted under Section 18.30.030(C)3 or 18.30.030(C)5.

2.

Notwithstanding any other provision of this code to the contrary, the provisions of this chapter shall be applicable to all land within the city, including all redevelopment project areas now in existence or hereafter established.

G.

Other Regulations, Permits, or Licenses.

1.

Effect. The provisions of this chapter do not waive or modify any other provision of this code. Adult-oriented businesses shall comply with all applicable provisions of law and this code.

2.

Reference. This list is not all-inclusive and is inserted here for reference only; other applicable regulations include but are not limited to the following chapters.

H.

Protection of Minors. Adult-oriented business shall not allow the admission of minors and shall otherwise comply with Chapter 10.62. An attendant shall be present at all times during hours of operation to deny admittance to minors.

I.

Private Viewing Rooms. It is unlawful for any person or entity which is subject to the regulations of this chapter, and which sells or rents prerecorded video tapes, movies, transparencies, films, projectable motion pictures or equipment used for showing any or all of these items, to offer or allow the viewing of these materials in private viewing rooms, as defined in Subsection (B)(22).

J.

Constitutional Severability. The city council declares that the invalidity of any section or portion of this chapter shall not affect the validity of any other remaining section or portion; that the city council would have adopted each of those remaining portions notwithstanding any later declared invalid. If any portion determined to be invalid can be severed or be judicially interpreted in a way that could harmonize it with the remaining provisions, then it may either be severed or be judicially interpreted and, as interpreted, be applied so as to give full purpose, meaning, and effect to the remaining provisions of this chapter.

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

A.

Conditional Use Permit—Required. Any application for a permit to establish an automobile impound and storage yard shall be subject to the issuance of a conditional use permit. The permittee must be a successful bidder of a contract with the city to participate in the assignment of service calls on police-impounded automobiles. No permit shall be granted to premises located east of National City Boulevard. This section does not apply to storage only yards. See Section 18.30.160 (Outdoor Storage) for storage only regulations.

B.

Yard Area Requirements. The conditional use permit shall require, for its issuance, that the proposed storage area meet the following criteria:

1.

The storage area shall be in a building or enclosed by a solid fence or wall at least eight feet in height. The construction and maintenance of a required fence shall be in accordance with Chapter 18.43.

2.

No sign, picture, transparency, advertisement or mechanical device which is used for the purpose of or does advertise or bring to notice any person or persons, or article or articles of merchandise, or any business or profession, or anything that is to be or has been sold, bartered or given away, shall be placed or maintained, or caused to be maintained, upon the outward face of such fence or wall.

3.

The storage area must contain a gross surface of not less than ten thousand square feet, nor more than fifteen thousand square feet devoted to the storage of wrecked vehicles.

4.

The storage area, including driveways and access roads, shall be surfaced with asphalt cement, or decomposed granite with oil.

5.

The storage area shall be served by drainage facilities adequate to prevent the accumulation of standing water. The city engineer shall determine the adequacy of proposed drainage facilities.

6.

Gates in the fence or wall surrounding the storage area shall be constructed of new material, the same height as the fence or wall. No gate shall swing outward. All gates shall be kept closed except when vehicles or pedestrians are exiting or entering the premises. As an alternative to closing all gates, an interior screening fence may be erected so as to prevent public view of the contents of the storage yard during times when the gates are open.

7.

A four-foot setback from dedicated streets is required. The setback area and the parkway area shall be landscaped with trees, shrubs, or other ground cover in accordance with Chapter 18.44 and adopted guidelines.

8.

Exterior floodlighting, when used, shall be directed away from adjacent property and streets. All lights shall be shielded in such a manner that the light there from will fall only on the same premises upon which such light source is located.

9.

A conditional use permit shall not be granted for an area visible from a freeway unless all wrecked vehicles can be stored out of sight of adjacent freeways.

C.

Rules of Operation. The conditional use permit shall require, for its issuance and continued validity, that permitted storage operations be conducted pursuant to the following rules:

1.

Stripping of automobiles, removal of parts, and dismantling, salvaging or junking shall be prohibited; provided, however, that the permittee may remove articles required to be removed to permit scrapping of the impounded vehicles. Removed parts may be accumulated for thirty days on the licensed premises.

2.

All inflammable liquids shall be removed from any unregistered or scrapped vehicle.

3.

Stored material and vehicles shall be so arranged that reasonable inspection of all parts of the premises can be made at any time by fire, health, police, planning and building authorities.

4.

Trash containers shall be installed and maintained on the premises, and the premises shall be kept free of trash at all times.

5.

Wrecked vehicles shall be disposed of in an expeditious manner, and no vehicle shall be retained in storage in excess of three months from the date of impoundment. Upon recommendation of the chief of police of the city or order of a court of competent jurisdiction, the city council may extend the storage time.

6.

No article shall be piled higher than the enclosing fence or wall, or nearer than two feet to the enclosing fence or wall.

D.

Conditional Use Permit—Expiration. A conditional use permit granted under the provisions of this title will expire upon the revocation, expiration, or cancellation of a permittee's contract with the City.

E.

Conditional Use Permit—Revocation for Violation. Violation of any requirement of this title is grounds for revocation of a conditional use permit.

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

A.

Conditional Use Permit—Required. A conditional use permit is required for the sale of alcoholic beverages, whether for on-site or off-site consumption.

B.

Conditional Use Permit—Additional Notice Required. In addition to notices required pursuant to Section 18.12.050 (Noticing and Public Hearings), written notice for a public hearing on a conditional use permit for the sale of alcoholic beverages shall be provided to owners and occupants of property within a radius of six hundred sixty feet of the exterior boundaries of the property where the sale of alcoholic beverages is proposed.

C.

Community Meeting—Required. Prior to the public hearing, the applicant shall hold a community meeting to inform residents of a proposal for the sale of alcoholic beverages. The applicant shall provide to the planning division documentation of the meeting and input received.

D.

Distance Requirements. Establishments where alcoholic beverages are sold for on or off-site consumption shall be located as follows:

1.

Liquor stores, or other businesses where the principal use involves the sale of alcohol for off-site consumption, shall be:

a.

A minimum of six hundred sixty feet from any public school (kindergarten through twelfth grade) within the boundaries of the city; and

b.

A minimum of five hundred feet apart.

2.

Bars and cocktail lounges or other establishments where the sale of alcoholic beverages for on-site consumption is the principal use, shall be:

a.

A minimum of six hundred sixty feet from any public school (kindergarten through twelfth grade) within the boundaries of the city; and

b.

No less than one thousand feet apart.

3.

Restaurants where the sale of alcoholic beverages for on-site consumption is accessory or incidental to the principal use shall be a minimum of six hundred sixty feet from any public school (kindergarten through twelfth grade) that is on property zoned as institutional (I) within the boundaries of the city; except that this distance requirement shall not apply to tasting rooms or restaurants (other than fast-food restaurants with drive-through service) where at least thirty percent of the floor area of the building is comprised of seating area.

4.

Private clubs or lodges, bowling alleys, theaters and other establishments where the sale of alcoholic beverages is accessory or incidental to the principal use shall be:

a.

A minimum of six hundred sixty feet from any public school (kindergarten through twelfth grade) within the boundaries of the city; and

b.

No closer than five hundred feet apart. This limitation shall not apply to restaurants.

5.

No minimum distances from schools or other uses are required for grocery stores, convenience stores or other retail establishments involving the sale of alcohol for off-site consumption as an accessory use.

E.

Measure of Distance. For the purposes of Section 18.30.050(D) (Distance Requirements):

1.

The distance between any two establishments that sell alcoholic beverages shall be measured in a straight line without regard to intervening structures from the closest exterior structural walls of the establishments.

2.

The distance between any establishment selling alcohol and a school shall be measured in a straight line, disregarding intervening structures, from the closest exterior structural walls of the establishment to the closest property line of the school.

F.

Additional Standards for the Sale of Alcohol at Restaurants or Public Eating Places. Restaurants or public eating places shall conform to the following, additional standards:

1.

Alcoholic beverage sales shall be incidental to food service.

2.

There shall be no sale of alcoholic beverages after midnight unless otherwise specified by the conditional use permit. The conditional use permit may further restrict the times when alcoholic beverages may be sold.

G.

Live Entertainment.

1.

Live entertainment shall be limited to a single entertainer performing musical work (piano bars, etc.) except as provided below.

2.

Additional entertainers, dancing, audience participation, karaoke, or other live entertainment may be authorized by a conditional use permit in zones where live entertainment is permitted.

3.

Live entertainment specified in Subsection (B) of this section may be permitted by a resolution of approval for a conditional use permit for the sale of alcohol in zones where live entertainment is permitted.

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

Automobile painting with accessory body and fender work shall be conducted entirely within a building. The hours of operation shall be between seven a.m. and seven p.m., except where the building adjoins a residential area the hours of operation shall be restricted to between eight a.m. and six p.m. Monday through Saturday. (Accessory body work shall be defined as "only that work required in the preparation for complete auto repaint.")

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

A.

Purpose. The purpose of establishing child day care center regulations is to implement state law with regard to the provision of child care centers as defined by the California Health and Safety Code to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses.

B.

Applicability. Day care centers are permitted as set forth in Division 2 subject to the requirements of this section.

C.

Site Location.

1.

Child day care facilities are encouraged to be located near schools, trolley stops, major bus stops, and close to employment centers in order to reduce commute trips and improve air quality.

2.

All child care facilities shall have direct access to a public street with adequate access to a collector or arterial street system.

3.

A new child care facility must be located at least six hundred feet away from an existing child day care center.

D.

Operation and Development Standards.

1.

The applicant must obtain all licenses and permits required by state law for operation of the facility and shall keep all state licenses and permits valid and current.

2.

The center shall meet all zoning standards applicable to the site.

3.

Indoor and outdoor play areas that satisfy the requirements of the State shall be provided. The outdoor play area shall be adjacent to the center and accessible through the center itself. The outdoor play area shall be screened and enclosed by a natural barrier, wall, or fence a minimum of five feet in height. If adjacent to a single-family residential zone, the separating barrier shall be of solid construction. The outdoor play area shall be designed to reduce noise impacts on adjacent properties.

4.

Parking shall not be located in any required front yard setback and an adequate on-site loading/unloading area shall be provided that can be easily accessed from the child day care center without crossing any driveways or streets. Clearly designated pedestrian walkways should be provided.

5.

All child day care centers shall comply with the city's noise regulations as set forth in Title 9.

6.

The drop off and pick up of children from vehicles shall only be permitted on the site's driveway or parking area. A facility with access from an arterial street, as designated by the General Plan, must provide a paved drop-off/pick-up area designated with on-site parking and maneuvering to allow vehicles to pick-up/drop-off children and exit the site without backing out onto the arterial street.

7.

Any additional conditions regarding safety and access deemed necessary or desirable by the city engineer, fire marshal, or building official must be met.

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

A.

Purpose. The purpose of this section is to implement the California Health and Safety Code provisions regarding day care homes, both large family and small family.

B.

Applicability. Family day care homes are permitted as set forth in Division 2 subject to the requirements of this section.

C.

Operation and Development Standards.

1.

The family day care home must be the residence of the day care provider.

2.

The day care home must be clearly incidental and secondary to the use of the property for residential purposes.

3.

Hours of operation shall be less than twenty-four hours a day.

4.

The day care home shall comply with all municipal and state laws and regulations regarding single-family residences and day care homes.

5.

Noise must be maintained in compliance with the city's noise regulations as set forth in Title 12.

6.

The provider shall comply with all applicable regulations of the city's fire department regarding health and safety requirements as they relate to day care homes and shall contain a fire extinguisher and smoke detector device.

7.

All state licensing standards must be met and the provider shall keep all state licenses and permits current.

8.

The day care home shall be maintained to retain the appearance of a home consistent with the general character of the neighborhood.

9.

Large family day care homes shall provide at least one off-street parking space per employee of driving age not living in the home. The residential driveway approach is acceptable for this parking requirement provided that it does not conflict with a required drop-off/pick-up area and does not block the public sidewalk or right-of-way.

10.

Indoor and outdoor play areas that satisfy the requirements of the state shall be provided. The outdoor play area shall be screened and enclosed by a natural barrier, wall, or fence a minimum of five feet in height. The outdoor play area shall be designed to reduce noise impacts on adjacent properties.

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

The conversion of existing apartments, hotels and motels, and other rental properties to condominiums, community projects, or stock cooperatives may be permitted if the following conditions are satisfied:

A.

Permit. A conditional use permit is required and the following findings shall be made:

1.

The proposal is consistent with housing element goals and objectives;

2.

Plans and reports submitted by the applicant, along with conditions of approval, show that necessary upgrading will be completed prior to the sale of any unit;

B.

Tentative and Parcel Maps. A conversion shall comply with requirements for tentative and final parcel maps.

C.

Subdivision Map Act. Requirements of the state Subdivision Map Act will be satisfied, specifically with regard to requirements for notice to tenants and right of tenants to exclusive contract for purchase in condominium, community apartment or stock cooperative projects.

D.

Physical Elements Reports.

1.

At the time of submitting the conditional use permit application required in Subsection (A) of this section, the applicant shall submit a report or reports on the status of the physical elements of the project, including the condition and remaining useful life of building foundations and walls, roofs, electrical systems, plumbing systems, mechanical systems, recreational facilities, parking and other paved areas and drainage facilities. These reports shall be prepared by California licensed structural or civil engineers or private home inspectors and they shall include a detailed evaluation of the existing physical elements, a recommendation on their status including any necessary repairs or replacement, either immediate or in the future, and a certification of the findings. The reports shall also specifically address or include the following:

a.

Measures that should be taken to improve sound attenuation between units (except for projects built after July 1, 1979 in compliance with the building code);

b.

Structural pest report;

c.

Building history report identifying the date of construction of all elements;

d.

Characteristics of the building not in compliance with currently applicable building or housing codes, and with codes in effect at the time of construction;

e.

The need for smoke detectors in individual units, as well as for other on-site fire protection systems maintained by the homeowners association.

2.

The planning commission, or city council on appeal, shall review these reports to determine the need to repair or replace any existing physical elements as a condition of approving the proposed conversion.

E.

Other Materials. Any other materials required by the planning division to provide evidence in support of the above conditions shall be submitted before the conditional use permit application is determined complete.

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

A.

Generally. A structure or building intended or designed to be used as a dwelling unit may be used in the commercial and industrial zones for a permitted commercial or industrial use, subject to the provisions of this chapter.

B.

Approval. Approval of a site plan by the Planning Commission is required.

C.

Removal of Residential Facilities. All facilities for living, sleeping, cooking, and dining shall be permanently removed except for employee dining facilities.

D.

Compliance with Zoning Regulations. All other provisions of this title shall be complied with.

E.

Building Occupancy. The structure or building shall not be used or occupied until after the issuance of a certificate of occupancy by the building official. Any change of occupancy shall comply with all requirements of the building code of the city and this title.

F.

Dwelling Unit of Historical Character. When application is made for approval to convert a dwelling unit of recognized historical character, the planning commission may deny a permit on grounds of unsuitability of the proposed use.

G.

Dwelling Unit Used as a Place of Assembly. A dwelling unit or any portion thereof shall be permitted to be converted and/or used as a place of assembly as defined by this title only by the issuance of a conditional use permit.

H.

Design and Aesthetics. In the approval of any plans for the conversion of a residential structure for any of the uses permitted under this chapter, the planning commission shall take into consideration the architectural design of the structure, as well as the aesthetic quality of the structure and the property.

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

A.

Purpose. This section establishes standards for the development and operation of emergency shelters where permitted by right as set forth in Division 2.

B.

Permitted Use. In compliance with SB 2 effective January 1, 2008, emergency shelters shall be allowed as a permitted use without the need for a conditional use permit and are exempt from CEQA (California Environmental Quality Act).

C.

Limitations on Location.

1.

Eligible Locations. A new facility shall be a permitted use in the light industrial (IL) zone only.

2.

Separation Between Emergency Shelters. A new emergency shelter shall not be closer than three hundred feet to another emergency shelter as measured between property lines.

D.

Lighting. Adequate external lighting shall be provided for security purposes to ensure fully lit parking, gathering and waiting areas.

E.

Building Design Standards.

1.

Number of Beds. An emergency shelter shall contain a maximum of one bed per one hundred fifty square feet of sleeping area not to exceed fifty beds and shall serve no more than fifty persons.

2.

Client Waiting Areas. Emergency shelters shall have an interior, enclosed client waiting and intake area large enough to accommodate the number of persons equal to twenty-five percent of the number of beds. The area shall be based on space required for seated persons. Any exterior overflow waiting area shall be fenced, screened, gated, and covered and shall not obstruct sidewalks or driveways.

3.

Client Gathering Areas. Emergency shelters shall have an interior multipurpose area separate from the sleeping area. The multi-purpose area shall be provided with space equal to at least ten square feet per bed, but not be less than two hundred fifty square feet. The multipurpose area shall have an exterior gathering area equal to at least fifty square feet per bed and shall be fenced, screened, and landscaped.

F.

Facility Operating Standards.

1.

On-Site Management. The facility shall maintain a management plan. The management plan must document that management and staffing is sufficient for adequate control of the facility. The management plan shall include descriptions of:

a.

On-site management.

b.

Staffing levels and qualifications.

c.

Client services offered and case management.

d.

Behavior guidelines including no drug or alcohol use.

e.

Facility maintenance.

f.

Emergency plan.

g.

Security plan.

2.

Vehicle Parking. The number of off-street parking spaces shall be calculated based on the amount of office space at the facility or one parking space per employee. The square footage of office space shall be used to determine the number of spaces per the standards specified in Chapter 18.45 (Parking and Loading Requirements). The number of parking spaces based on this calculation shall not exceed the number of parking spaces required for other residential or commercial uses within the same zone as the emergency shelter.

3.

Length of Stay. Temporary shelter shall be available to residents for a maximum of six months.

4.

Hours of Operation. The emergency shelter shall only accept clients between the hours of seven a.m. and eight p.m.

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

A.

Definition.

1.

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

B.

Approval. Hazardous waste facilities may be permitted only in the medium industrial (IM), heavy industrial (IH) zones and shall require approval of a conditional use permit. Data, policies, criteria and procedures contained in the San Diego County Hazardous Waste Management Plan shall be utilized for evaluation of applications for hazardous waste facilities. The siting criteria, the conditional use permit procedure and the fair share policies of the plan shall be utilized in making decisions on such applications.

C.

Grant Conditions. Before any conditional use permit may be granted for a new hazardous waste facility project or for modification of an existing facility, in addition to the conditions required by Section 18.12.110, it shall be found that the proposed facility is in compliance with the following siting criteria documents of the County of San Diego Hazardous Waste Management Plan:

1.

Section E, entitled "Local and Regional Facility Needs," of Chapter IX, entitled "Siting and Permitting of Hazardous Waste Facilities" (Pages IX-35 through IX-37);

2.

Appendix IX-A, entitled "Siting Criteria for Evaluating Hazardous Waste Management Facility Siting Proposals in San Diego County"; and

3.

Appendix IX-B, entitled "General Areas for Siting Hazardous Waste Management Facilities."

D.

Information Requirements. An application for a conditional use permit for a hazardous waste facility project shall provide information required by the planning director to show conformance with procedural requirements of Article 8.7 of the California Health and Safety Code. Such information may include but shall not be limited to documentation from the state office of permit assistance regarding procedures required for approval of the proposed facility.

E.

Related Permit Requirements. All applicable zoning, subdivision, conditional use permit and variance decisions made by the city shall be consistent with the siting criteria documents of the County of San Diego Hazardous Waste Management Plan listed in Subsection (C), above.

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

A.

Purpose. The purpose of this section is to provide rules and regulations governing the conduct of the operation of helicopters and related facilities within the city.

B.

Conditional Use Permit. No person shall operate or maintain a heliport or helistop without first obtaining a conditional use permit and demonstrating that the facility will comply with FAA regulations.

C.

Temporary Heliport or Helistop Permits.

1.

No person shall operate a helicopter to or from any property within the city other than a heliport or helistop approved by the city (except in cases of an emergency situation); provided, however, that the landing and takeoff of helicopters at places other than approved heliports and helistops may be authorized for specifically designated and limited times. Such authorization shall not exceed a thirty-day period.

2.

Every application for a temporary heliport or helistop permit shall include the following:

a.

Copy of application for state approval;

b.

Copy of application for Federal Aviation Administration approval;

c.

Written approval of landowner or duly authorized agent or representative;

d.

Certificate of insurance.

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

A.

Use as Dwelling—Restrictions. A mobile home shall not be used for living or sleeping purposes except when located in an approved mobile home park or unless it meets the criteria for factory built housing in state law as defined by Civil Code Section 18.007.

B.

Restrictions. A mobile home, modular structure, or other temporary structure shall not be used as a business or other commercial use in any zone except that a modular structure may be used as a temporary office or classroom for a period of no longer than one year, subject to the issuance of a temporary use permit. This prohibition shall not apply to any former landfill site which is subject to the regulatory order or directive of a regulatory agency, due to the existence on the site of hazardous materials as defined by Section 25260 of the California Health and Safety Code.

C.

Mobile Home Park—Conditional Use Permit. The development of a mobile home park shall require the issuance of a conditional use permit to ensure that such development will be compatible with existing and permitted uses in the adjacent areas. The conditions of approval may include, but shall not be limited to, external traffic circulation, screening walls and plantings, park layout and design (including architectural design), lot size and shape, landscaping, signs, parking, usable open space and recreation areas, and service buildings.

D.

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

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

A.

Outdoor Display or Sale of Merchandise Prohibited—General. The outdoor display or sale of merchandise on public or private property is unlawful, except as provided in this section. Merchandise is displayed outdoors when it is placed to the exterior of a building or structure.

B.

Permitted Displays in Commercial, Mixed-Use, and Industrial Zones.

1.

In commercial, mixed-use, and industrial zones, service stations, auto dealers, recreational vehicle sales lots, nurseries, licensed flower shops, grocers, and neighborhood corner stores limited to the sale of fresh produce and flowers and building material yards may display merchandise outdoors only on the same site approved for the business.

2.

Other businesses in commercial, mixed-use, and industrial zones shall not display or sell merchandise outdoors except pursuant to a determination by the planning department that the display would be customary with that type of business and consistent with or comparable to the types of uses.

3.

Other items not covered in this section may be permissible as allowed by an established right-of-way enhancement program.

C.

Special Promotions.

1.

Except as allowed by Subsection (B) all other businesses in the commercial, mixed-use, and industrial zones are permitted to have special promotions at which outdoors display and sales will be allowed, limited to a maximum of three consecutive days each, including all set-up and takedown time. No business shall have more than two such sales in a calendar year. There shall be a period of at least thirty days between sales.

2.

Special promotions involving outdoor display of merchandise which are to last more than three days, or would involve more than two such sales in any calendar year, are not allowed unless city council approval in accordance with Chapter 15.60 is first obtained. All sales shall be limited to the site approved for the business.

3.

No business shall conduct a special promotion with an outdoor display on a property unless the business has a permanent business address on that property. This restriction shall not apply to sales conducted entirely indoors.

D.

Seasonal Sale of Christmas Trees and Pumpkins.

1.

The seasonal sale of Christmas trees and pumpkins outdoors is permitted only in commercial and mixed-use zones on property developed with a commercial use or on vacant property in a commercial or mixed-use zone.

2.

Displays and sales of Christmas trees and pumpkins are limited to thirty-five days respectively, including installation and removal of all related materials. A business license shall be obtained each year prior to setting up displays.

E.

Outdoor Vending Machines. Outdoor vending machines are allowed in all commercial and mixed-use zones. Outdoor vending machines shall:

1.

Be located along the front facade of a building or against a structure designed to accommodate them;

2.

Occupy not more than ten percent the length of the wall facing the street or access drive, or twenty feet, whichever is less;

3.

Not obstruct private pedestrian walkways; a minimum of forty-four inches shall be kept clear of obstructions, or more if pedestrian traffic volume warrants. They are not allowed on public sidewalks.

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

A.

Enclosure. All outdoor storage, in any zone, which occupies a volume of more than sixty cubic feet and is visible from any abutting public street, or which abuts property used for residential purposes, shall be enclosed by a view-obscuring fence or wall at least six feet high. All gates provided for ingress and egress in any required fence or wall shall be at least six feet in height and shall be of view-obscuring construction.

B.

Stacking Stored Materials—Height Limitation. Merchandise, materials, equipment, or other goods, other than neatly stacked lumber in lumberyards, shall be stacked in outdoor storage areas to a height no greater than that of any building, wall, fence, or gate enclosing the storage area. For scrap metal processing yards, see Section 18.30.180.

C.

Posting Signs or Devices Prohibited. No sign, picture, transparency, advertisement, or mechanical device which is used for the purpose of or which does advertise or bring to notice any person or persons, or article or articles of merchandise, or any business or profession, or anything that is to be or has been sold, bartered or given away shall be placed or caused to be placed or to be maintained or caused to be maintained upon the outward face of any gate, fence or wall enclosing any outdoor storage area.

D.

Storage in Yard Setback Prohibited. No storage shall be permitted in any required front or side yard setbacks adjacent to a public street or highway.

E.

Materials Storage During Construction. During construction and sixty days thereafter, property in said project area may be used for the storage of materials, excluding batch plants, used in the construction of the individual buildings in the project and for the contractor's temporary office.

F.

Areas Designated for Storage. Except as specified herein, no other areas shall be used for outdoor storage. Areas designated for storage or which are otherwise restricted to vehicular passage shall be indicated on the plot plan and be so maintained. .All areas of the yard open to vehicular passage shall be paved.

G.

Specific Storage Regulations in Commercial, Mixed-Use, and Industrial Zones. In the commercial, mixed-use, and industrial zones, the following regulations shall apply:

1.

The storage of all materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible by or otherwise attractive to insects or rodents, unless said materials or wastes are stored outdoors in closed containers, is prohibited.

2.

The storage of corrosive materials is permitted subject to the provisions of the city fire code.

3.

Activities involving the storage of fire and explosive hazard materials shall be conducted in accordance with the city fire code.

4.

Toxic or dangerous materials shall be stored in a manner that insures against their escape from the premises to the detriment of public safety, health or welfare.

5.

No material, equipment, or goods of any kind shall be stored on the roof of any building in any zone.

6.

In the industrial zones, the storage or materials, liquids, or wastes upon any lot in such form or manner that they may be transferred or flow off said lot by natural causes or forces is prohibited.

7.

Shipping containers and truck trailers shall not be used for storage purposes in any zone, except pursuant to a temporary use permit as approved by the city council.

H.

Rubbish Storage.

1.

Rubbish and solid waste shall be disposed of by public facilities, when available. Liquid wastes shall be promptly and properly disposed of in a manner acceptable to the city and to the San Diego Metropolitan Sewer District. Where public facilities are not provided for disposal, rubbish and solid waste shall be contained in rodent proof, nonflammable, waterproof storage containers with close-fitting lids. When liquid wastes are of such a character as to be unacceptable in the public sewer system, such wastes shall be stored in suitable containers or tanks until transfer. Such containers or tanks shall comply with the city fire code and other applicable regulations in this title.

2.

All storage and disposal facilities shall be screened from all public view. In the residential, commercial, mixed-use, and institutional zones such screening shall be of solid masonry construction with sturdy gates of view-obscuring design. Location and accessibility shall be subject to site plan review.

3.

Any building or structure or portion of building or structure used for storage of rubbish-and waste shall contain an approved floor drain connected to the public sewer system.

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

A.

Purpose. It is the intent and purpose of this chapter to establish reasonable regulations for establishment of recycling collection facilities to encourage and facilitate the recycling of glass, aluminum, plastic and nonaluminum metal beverage containers in a safe and convenient manner.

B.

Definitions. For the purpose of this chapter, the following words shall have the following meanings:

1.

Igloos. An "igloo" is a small, moveable collection bin or container occupying no more than forty square feet each.

2.

Mobile Recycling Unit. A "mobile recycling unit" means an automobile, truck, trailer or van, licensed by the department of motor vehicles, which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers, other than igloos, transported by trucks, vans, or trailers, and used for the collection of recyclable materials.

3.

Recyclable Material. "Recyclable material" is reusable material including aluminum, nonaluminum metal, glass and plastic beverage containers, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material as described in this section does not include paper, refuse, motor oil or other hazardous materials.

4.

Recycling Collection Facility. A "recycling collection facility" is a center for the collection of recyclable materials from the public by donation, redemption or purchase. A certified recycling facility means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers located on the premises of a commercial or industrial use used solely for the collection of recyclable materials generated by that use. Recycling collection facilities include the following:

a.

Reverse vending machines;

b.

Igloos;

c.

Mobile recycling units.

5.

Reverse Vending Machine. A "reverse vending machine" is an automated mechanical device which accepts at least one or more types of empty beverage containers including aluminum and nonaluminum metal cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically; provided that the entire process is enclosed within the machine. In order to accept and temporarily store all four container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary. A "bulk reverse vending machine" is a reverse vending machine that is larger than fifty square feet; is designed to accept more than one container at a time; and will pay by weight instead of by container.

6.

Small Recycling Facility. A small recycling facility is defined as an igloo or reverse vending machine.

C.

Types of Facilities Permitted.

1.

Reverse vending machines, igloos, and mobile recycling units may be permitted subject to conformance with all of the following:

a.

Location within the MXC-1, MXC-2, MXD-1, MXD-2, MXT, CS, IL, and IM zones;

b.

Location within convenience zones designated by the State of California Department of Conservation, Division of Recycling;

c.

Certification or application for certification by the State of California;

d.

Required permits, as described in Subsection (D);

e.

Operation and design standards, as described in Subsection (E);

f.

No recycling collection facility shall be permitted if it is found that the facility or its operation will have a detrimental effect on public health, safety, or general welfare.

D.

Permits Required.

1.

Site Plan Review. Small recycling facilities, as defined in Subsection (B), shall require site plan review approval.

2.

Conditional Use Permit. Mobile recycling units, as defined in Subsection (B), shall require conditional use permit approval.

E.

Operation and Design Standards.

1.

Reverse vending machines shall comply with the following standards:

a.

Established in conjunction with a commercial use or community service facility which is in compliance with the zoning, building, and fire codes of the city:

b.

Located within thirty feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation;

c.

Not occupy parking spaces required by the primary use;

d.

Except for bulk reverse vending machines, occupy no more than fifty square feet of floor space per installation, including any protective enclosure, and be no more than eight feet in height; no more than four reverse vending machines at the site; bulk reverse vending machines shall occupy no more than three hundred square feet of floor space per installation, including any protective enclosure;

e.

Constructed and maintained with durable waterproof and rustproof material;

f.

Clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is nonoperative;

g.

Have a sign area of a maximum of four square feet per machine, exclusive of operating instructions;

h.

Maintained in a clean, litter-free condition on a daily basis;

i.

Illuminated to ensure comfortable and safe operation if operating hours are after dusk;

j.

Installation of all wiring required in accordance with the National Electrical Code, latest edition.

2.

Igloos shall comply with the following standards:

a.

Established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building, and fire codes of the city;

b.

Occupy an area no larger than two hundred square feet;

c.

Set back at least ten feet from any front property line and shall not obstruct pedestrian or vehicular circulation;

d.

Accept only glass, metal, and plastic containers;

e.

No power-driven processing equipment used;

f.

Containers constructed and maintained with durable, waterproof and rust-proof material, covered when site is not attended, secured from unauthorized entry or removal of material, of a capacity sufficient to accommodate materials collected and collection schedule;

g.

All recyclable material stored in containers, and materials not left outside of containers at any time;

h.

Maintained free of litter and any undesirable materials;

i.

Not be located within fifty feet of a residentially zoned property;

j.

Operation of attended facilities located within one hundred feet of a property zoned or occupied for residential use only during the hours of nine a.m. and seven p.m.;

k.

Noise levels not exceeding sixty dBA as measured at the property line of residentially zoned or occupied property, and otherwise not exceeding sixty-five dBA;

l.

Location of containers for the twenty-four-hour donation of materials at least one hundred feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use;

m.

Labeling of containers to identify the type of material which may be deposited, identification of the facility with the name and telephone number of the facility operator and the hours of operation, and display of notice stating that no material shall be left outside the recycling enclosure or containers;

n.

Signing permitted as follows:

i.

Identification signs with a maximum of four square feet, in addition to informational signs required in Subsection (E)(2)m, above;

ii.

Signs consistent with the character of the location;

iii.

Directional signs, bearing no advertising message, installed with the approval of the city manager or his/her designee if the facility is not visible from the public right-of-way;

iv.

Authorization from the city manager or his/her designee for increase in the number and size of signs upon finding that it is compatible with adjacent businesses.

o.

Required landscape area not occupied or interfered with;

p.

No occupation of parking spaces on the site unless deemed necessary and authorized by the city manager or his/her designee; no additional parking spaces required for customers of an igloo collection facility located at the established parking lot of a host use; one space of host use permitted to be occupied by an attendant, if needed.

3.

Mobile recycling units shall comply with the following standards:

a.

Established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building, and fire codes of the city;

b.

No larger than three hundred fifty square feet and occupy no more than three parking spaces not including space that will be periodically needed for removal of materials or exchange of containers;

c.

Set back at least ten feet from any front property line and shall not obstruct pedestrian or vehicular circulation;

d.

Accept only glass, aluminum, nonaluminum, and plastic containers;

e.

No power-driven processing equipment used;

f.

Containers constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from unauthorized entry or removal of material, and of a capacity sufficient to accommodate materials collected and collection schedule;

g.

All recyclable materials stored in containers or in the mobile unit vehicle, and not left outside of containers at any time;

h.

Maintained free of litter and any other undesirable materials; mobile facilities, at which truck or containers are removed at the end of each collection day, swept at the end of each collection day;

i.

Noise levels not exceeding sixty dBA as measured at the property line of residentially zoned or occupied property, and otherwise not exceeding sixty-five dBA;

j.

Not to be located within fifty feet of a residentially zoned property;

k.

Operation of attended facilities located within one hundred feet of a property zoned or occupied for residential use only during the hours of nine a.m. and seven p.m.;

l.

Location of containers for the twenty-four-hour donation of materials at least one hundred feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use;

m.

Labeling of containers to identify the type of material which may be deposited; identification of the facility to identify the name and telephone number of the facility operator and the hours of operation, and display of a notice stating that no material shall be left outside the recycling enclosure or containers;

n.

Signing permitted as follows:

i.

Identification signs with a maximum of four square feet, in addition to informational signs required in Subsection (E)(3)m, above;

ii.

Signs consistent with the character of the location;

iii.

Directional signs, bearing no advertising message, installed with the approval of the city manager or his/her designee if the facility is not visible from the public right-of-way;

iv.

Authorization from the city manager or his/her designee for increase in the number and size of signs upon finding that it is compatible with adjacent businesses.

o.

Required landscape area not occupied or interfered with;

p.

No additional parking spaces required for customers of a mobile recycling unit located at the established parking lot of a host use; one space of the host use permitted to be occupied by the attendant, if needed;

q.

Area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;

r.

No reduction of available parking spaces below the minimum number required for the primary host use unless a parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site; reduction in available parking spaces in an established parking facility then permitted as follows:

i.

For a commercial host use:

ii.

For a community facility host use, a maximum of four spaces reduction will be allowed when not in conflict with parking needs of the host use.

F.

Additional Requirements. Additional requirements may be required as conditions of permit approval.

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

A.

Regulations Generally. Scrap metal yards, scrap or used metal sales, and scrap metal processing shall be operated in accordance with the provisions of this section. This shall not relieve the operators of scrap metal processing uses from complying with all city regulations, laws, and ordinances.

B.

Site Plan Review Required. All scrap metal processing uses shall be subject to site plan review.

C.

Salvage or Junk Storage Restrictions. The storage of salvage or junk shall not be placed or allowed to remain outside of the enclosed yard area. It may be stored above the height of the fence or wall, provided such storage is not within ten feet of an exterior lot line. Nonmetallic salvage or processing not clearly incidental to the principal use shall not be allowed.

D.

Fences and Walls—Required. The entire premises shall be enclosed by fences and walls of uniform height in relation to the ground upon which they stand. Such fences or walls shall be a minimum of eight feet high and shall not exceed fifteen feet in height.

E.

Fences and Walls—Materials. All fences and walls open to view from any street shall be constructed of the following materials:

1.

Metallic panels, at least .024 inches thick, painted with a baked-on enamel or similar permanent finish. All fences constructed with metallic panels exposed to view from the exterior side shall have an interior face of solid wood not less than two inches thick from the ground to the top of such fence;

2.

Masonry;

3.

Other materials comparable to the foregoing if approved by the planning division.

F.

Fences and Walls—Construction Standards. All fences and walls shall be constructed in a workmanlike manner and shall consist solely of new materials, unless the director of planning approves the substitution of used materials where, in his opinion, such used materials will provide the equivalent in service, appearance, and useful life.

G.

Fences and Walls—Painting. All fences and walls, excluding masonry and approved permanent finish panels, shall be painted a uniform complimentary color, excluding black, which blends with the surrounding terrain and improvements, and shall be maintained in a neat, orderly condition at all times. Such fence or wall shall contain no painted signs or posters except as approved by the director of planning. In all cases, colors shall be subject to approval by the director of planning.

H.

Standards for Structures. Any structures which are used as part of the yard boundaries and/or are exposed to view from a street frontage shall be subject to painting, maintenance and sign requirements for fences and walls as provided in Chapter 18.43. The planning division may approve other appropriate architectural treatment.

I.

Paving of Yards. Areas designated for storage or which are otherwise restricted to vehicular passage shall be indicated on the site plan and shall be so maintained. All areas of the yard open to vehicular passage shall be paved

J.

Landscaping.

1.

Along each street frontage, all required setbacks and the adjacent street parkways shall be fully landscaped.

2.

A permanent automatic irrigation system shall be provided which satisfactorily irrigates all planted areas.

3.

All landscaped areas shall be continuously and properly maintained in good condition.

K.

Painting and Maintenance. All equipment, structures, etc., extending above the height of exterior fences shall be continuously maintained and painted in a neat and orderly fashion.

L.

Storage and Combustibles. Containers approved by the city fire department shall be provided for the storage of combustible materials removed from scrap autos delivered to the site.

M.

Litter Prohibited. The entire site shall be continuously maintained to prevent accumulations of weeds, rubbish, litter, or combustible waste. Any incidents of rat or vermin harborage shall be promptly corrected.

N.

Performance Standards. All salvage operations shall comply with the performance standards for air pollution, noise, vibration, and glare as set forth in Section 18.40.030 and Title 7 of the Municipal Code.

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

A.

Conditional Use Permit Required. The development and construction of all service stations shall be subject to the issuance of a conditional use permit.

B.

Frontage. The site shall have a minimum of one hundred feet of frontage on a dedicated street.

C.

Minimum Site Area. The minimum site area shall be fifteen thousand square feet.

D.

Site Planning Standards.

1.

Bay doors of service stations and automotive maintenance and repair facilities should not be visible from the major street, whenever possible.

2.

Fuel pump islands and canopies should be screened by the main building structure. The convenience store should be placed at the street frontage with display windows along the sidewalk, to encourage pedestrian use.

3.

Curb cuts shall be limited to one per street for corner locations, or two per street for mid-block locations.

4.

Curb cuts on the same street shall be spaced at least twenty-five feet apart.

E.

Screening. When a service station adjoins a residential zone along a rear or side lot line, a masonry screening wall, not less than five feet and no more than six feet in height, shall be erected along such adjoining lot line.

F.

Building Fronts.

1.

All building materials and designs shall be consistent with the general standards for commercial businesses. Metal buildings are not permitted.

2.

The design of stand-alone gas stations and convenience stores should conform to the dominant existing or planned character of the surrounding neighborhood or development. This can be accomplished through the use of similar forms, materials and colors.

3.

The design of a facility that occupies a pad or portion of a building within a larger commercial center should be designed to reflect the design elements of that center.

4.

All sides of a building visible from the street shall express consistent architectural detail and character.

G.

Pump Island Canopies and Other Buildings and Structures. All structures on the site (including kiosks, car wash buildings, pump island canopies, and screen walls) shall be architecturally consistent with the main structure, including roof design, color, materials, and architectural details.

H.

Landscaping—Generally. Ten percent of the gross site area shall be devoted to landscaping.

I.

Open Area—Surfacing. All open areas, not included in landscaped areas shall be paved.

J.

Use Regulations. The operation of all service stations shall be in accordance with the following regulations:

1.

Uses permissible at a service station do not include body or fender work or automobile painting unless they are permissible uses within the particular zone. Dismantling of automobiles for the purpose of selling parts is prohibited.

2.

All repair work being conducted shall be within a structure which shall be attached to the existing service station facility.

3.

Adequate facilities for such repair shall be available.

4.

No outdoor storage of disabled vehicles, vehicles under repair, automobile parts, or repair equipment shall be allowed at any time.

5.

Major repairs shall be conducted only between the hours of seven a.m. and seven p.m.

6.

Operations outside permanent structures shall be limited to the dispensing of motor fuels and servicing of tires, batteries and/or automobile accessories.

K.

Gasoline Pumps as an Accessory Use. This section shall have no effect on the installation and operation of a gasoline pump or pumps, or lube oil drums which are used solely to service the motorized equipment of commercial, manufacturing or industrial use of the land upon which the pump or drum is installed; provided, however, that the pump or drum shall not be installed or operated on any parcel of land not included within the land of the permissible principal use.

L.

Sale of Gasoline as an Accessory Use.

1.

The sale of gasoline as an accessory use to a permitted use shall require the issuance of a conditional use permit.

2.

The sale of gasoline as an accessory use will be allowed only in zones in which the sale of gasoline as a principal use is allowed.

M.

Sale of Non-automotive Products at Service Stations. The sale of nonautomotive products in service stations is permitted as follows:

1.

Such products must be displayed within an enclosed permanent building.

2.

The display area shall be a maximum of two hundred sixteen cubic feet, except that a conditional use permit may be issued to authorize additional areas of display, where such use is otherwise permitted by this title. The sale of any alcoholic beverages is prohibited, regardless of the display area, unless specifically authorized by a conditional use permit.

N.

Lighting.

1.

General. All lighting shall be directed away from adjoining properties and streets and shall be so shielded and adjusted that the light is directed to fall only on the same premises upon which the light source is located.

2.

Canopy Lighting.

a.

Lights shall not be mounted on the top or sides of the canopy. The sides shall not be illuminated in any manner.

b.

Fuel pump canopies shall not be internally illuminated. Light fixtures shall be completely recessed into the canopy so that the light source is concealed.

O.

Enhanced Vapor Recovery Systems (EVR). As required by AST Executive Order VR-401-B adopted by State of California Air Resources Board, as of April 1, 2009, all gasoline dispensary facilities with underground storage tanks must upgrade to an Enhanced Vapor Recovery System (EVR) Phase II. All EVR Systems, including pipes that and other components that extend beyond/above the tank, shall be screened from view.

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

A.

Purpose. Sidewalk cafes make a significant contribution to the quality of public spaces and community life. They provide an active street frontage that is lively and dynamic. They are natural locations for social interaction. The purpose of this section is to provide procedures for and standards to encourage the establishment of sidewalk cafes wherever permitted.

B.

Permit Requirements. A sidewalk cafe shall require the approval of a right-of-way permit as specified by an established right-of-way enhancement program.

C.

Review Authority. A sidewalk cafe may be approved by the planning division if it is determined that the proposed cafe is in conformity with all of the requirements of this section. An encroachment permit must thereafter be obtained from the city council.

D.

Limitations and Requirements.

1.

Where Permitted. A sidewalk cafe may be permitted only in a zoning district that allows indoor restaurants, and then only if the sidewalk cafe is situated adjacent, as specified below, to an indoor restaurant and the sidewalk cafe's operation is incidental to and a part of the operation of such adjacent indoor restaurant.

a.

A sidewalk cafe may be located on the public sidewalk immediately adjacent to and abutting the indoor restaurant which operates the cafe, provided that the area in which the sidewalk cafe is located extends no farther along the sidewalk's length than the actual sidewalk frontage of the operating indoor restaurant and all other applicable provisions of this section are fulfilled.

b.

The service of alcoholic beverage to customers using the sidewalk cafe is prohibited.

2.

Sidewalk Clearances. A sidewalk cafe may be permitted only where the sidewalk is wide enough to adequately accommodate both the usual pedestrian traffic in the area and the operation of fifty percent of the sidewalk's width at any point and not less than eight consecutive feet of sidewalk width at every point shall be kept clear and unimpeded for pedestrian traffic.

3.

Outdoor Furniture. All tables and chairs comprising a sidewalk cafe shall be set back not less than two feet from any curb and from any sidewalk or street barrier, including a bollard, and shall not be situated within eight feet of any designated bus stop. All outdoor dining furniture, including tables, chairs, umbrellas, and planters, shall be movable. All outdoor furniture must be of commercial quality to withstand the wear of outdoor use; plastic tables and chairs are not permitted. Outdoor furniture should be complimentary to the adjoining indoor business design and make a positive contribution to the street environment. Umbrellas must be secured with a minimum base of not less than sixty pounds. Outdoor heaters, music, or speakers are prohibited.

4.

Signage. No signing shall be allowed at any outdoor cafe except for the name of the establishment on an awning or umbrella fringe.

5.

Food and Beverages. A sidewalk cafe may serve only food and nonalcoholic beverages prepared or stocked for sale at the adjoining indoor restaurant.

6.

Service Requirements. The outdoor preparation of food and busing/server stations are prohibited at sidewalk cafes. The presetting of tables with utensils, glasses, napkins, condiments, and the like is prohibited. All exterior surfaces within the cafe shall be easily cleanable and shall be kept clean at all times by the permittee. Trash and refuse storage for the sidewalk cafe shall not be permitted within the outdoor dining area or on adjacent sidewalk areas and the permittee shall remove all trash and litter as they accumulate. The permittee is responsible for maintaining the outdoor dining area, including the sidewalk surface and furniture and adjacent areas in a clean and safe condition.

7.

Hours of Operation. Sidewalk cafes may only operate between the hours of seven a.m. and ten p.m. and shall be setback a minimum of one hundred fifty feet from the property line of any parcel occupied by a detached single-family residence. Tables, chairs, and all other furniture used in the operation of an outdoor cafe shall be removed from the sidewalk and stored indoors at night and whenever the cafe is not in operation.

E.

Power to Suspend Operation of Sidewalk Cafe. The city shall have the right and power, acting through the city manager or his/her designee, to suspend the operation of a sidewalk cafe at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area. Such problems and conflicts may arise from, but are not limited to, scheduled festivals and similar events, or parades or marches, or repairs to the street or sidewalk, or from demonstrations or emergencies occurring in the area. To the extent possible, the permittee shall be given prior written notice of any time period during which the operation of the sidewalk cafe will be suspended by the city, but any failure to give prior written notice shall not affect the right and power of the city to suspend the cafe's operation at any particular time.

F.

Findings and Conditions. In connection with granting approval for a minor use permit for a sidewalk cafe, the planning division shall make findings that the proposed operation meets the limitations of this section and may impose conditions in granting its approval as deemed are needed to ensure that the proposed operation will meet the operating requirements and conditions set forth in this section and to assure that the public safety and welfare will be protected.

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

A.

Purpose. The intent of the section is to allow for the limited use of wind turbines or windmills throughout the city for the purpose of small-scale generation of electricity to serve the needs of a home, institutional or open space land use, or business. These provisions are intended to ensure that such facilities are well designed, carefully sited, and operated in a manner that will not pose a nuisance or hazard to the general public or nearby neighbors. In addition, these provisions are intended to preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of small wind energy systems.

B.

Definitions.

1.

"Roof peak" is the highest point of a roof excluding any architectural feature such as a cupola, parapet, turret, tower, elevator shaft enclosure, or similar architectural embellishment.

2.

"Small wind energy system" means a wind energy system consisting of a single wind turbine, tower, and associated control or conversion electronics providing electricity for a home, accessory dwelling unit, multi-family residential building, or small business.

3.

"Total height" means the vertical distance from ground level to the tip of a fully extended wind turbine blade at its highest point.

4.

"Tower" means a freestanding structure that supports a wind turbine.

5.

"Wind energy system" means equipment that converts and then stores or transfers energy from the wind into usable forms of energy and includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, turbine, vane, wire, or other component used in the system.

6.

"Wind turbine" means the mechanical and electrical conversion components mounted at the top of a tower in a wind energy system.

C.

Small Wind Energy System Standards. A small wind energy system shall be a permitted use in all zoning districts subject to the following requirements:

1.

Lot Size and Maximum Height.

a.

Small mono-pole wind energy systems shall be subject to the height limit of the underlying zone. One mono-pole wind energy system is permitted for each half-acre or portion thereof not to exceed three. Wind turbine systems shall comply with the FAA height regulations and coastal zone requirements.

b.

Roof-mounted wind energy systems shall be allowed on any lot size with a total height limit of ten feet above the peak of the roof and located the furthest distance from adjacent residences.

2.

Setbacks.

a.

A wind tower shall be set back a distance equal to the total height to the top of a fully extended blade from any public right-of-way or overhead utility lines and all property lines.

b.

No part of the wind system structure, including guy-wire anchors, may extend closer than accessory building setbacks of the appropriate zone to the property lines of the installation site.

3.

Access. All ground mounted electrical and control equipment shall be secured to prevent unauthorized access and the tower shall be designed and installed so as not to provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground.

4.

Noise. Small wind energy systems shall comply with the noise ordinance of the National City Municipal Code.

5.

Approved Wind Turbines. Small wind turbines must be approved by the emerging technologies program of the California Energy Commission or any other small wind certification program recognized by the American Wind Energy Association.

6.

Appearance.

a.

The wind generator and tower shall be painted in subdued tones of white, silver, light grey, or light blue or the manufacturer's original paint or finish shall be permitted if it complies with the subdued tones identified herein or should be designed and painted a color that blends with the surrounding natural or manmade features.

b.

Where mounted on a building, the installation shall be well integrated with the architecture of the building.

7.

Safety Precautions.

a.

A wind energy system shall be equipped with manual and automatic overspeed controls to limit the rotational speed of the blade within the design limits of the rotor.

b.

All wind towers shall have lightening protection.

c.

If a wind tower is supported by guy wires, the wires shall be clearly visible to the height of at least six feet above the guy wire anchors.

d.

The minimum distance between the ground and any part of the rotor blade system shall be fifteen feet.

e.

A six-feet-high fence with a locking gate shall be placed around the system's tower base.

D.

Permits.

1.

Small roof mounted wind energy systems are an accessory use permitted in all zoning districts. No small wind energy systems shall be erected, constructed, or installed without first receiving a building permit from the appropriate city authority. A building permit shall also be required for any modification to an existing small wind energy system.

2.

Small mono-pole wind energy systems and meteorological towers shall not be erected, constructed, or installed without first receiving a conditional use permit and a building permit from the appropriate city authorities. A building permit shall also be required for any modification to an existing system.

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

A.

Purpose. The purpose and intent of this section is to provide a uniform and comprehensive set of standards for the development, siting, and installation of wireless telecommunications facilities and antenna installation. These regulations are intended to protect and promote the public health, safety, and welfare of the residents of National City and to preserve community character and protect aesthetic quality in accordance with the guidelines and intent of the Telecommunications Act of 1996 and to encourage siting in preferred locations to minimize aesthetic impacts and to minimize the intrusion of these uses into residential areas.

B.

Commercial Telecommunications Facilities on Private Property.

1.

Telecommunication facilities are subject to a conditional use permit and design review and shall comply with all applicable provisions of this section.

2.

Design guidelines for commercial facilities. To the greatest extent possible, commercial telecommunication facilities shall be sensitively designed and located to be compatible with and minimize visual impacts to surrounding areas, including public property. To this end, each facility shall comply with the following design guidelines.

a.

Innovative design solutions that minimize visual impacts should be utilized; stealth solutions where facilities are not detectable are especially encouraged.

i.

A good faith effort in achieving co-location shall be required of the host entity. Requests for utilization of facility space and response to such requests shall be made in a timely manner and in writing and copies shall be provided to the city. Co-location is not required in cases where the visual impacts are found to be substantial, the facility cannot reasonably accommodate additional facilities, or where good faith lease arrangements fail.

ii.

All properties found suitable for co-location and multiple users shall be designed to promote facility and site sharing. To this end telecommunication facilities and necessary appurtenances, shall be shared by site users, when in the determination of the planning commission, as appropriate, this will minimize overall visual impacts to the community.

b.

Telecommunication facilities shall be as small as possible and the minimum height necessary without compromising reasonable reception or transmission.

c.

Antennas and their support structures should be located on the rear half of property or structures when reasonable transmission and/or reception would not be impaired and when visual impacts would be reduced, unless no other feasible alternative location exists.

d.

Telecommunication facilities and appurtenances should not be situated between the primary building on the parcel and any public or private street adjoining the parcel.

e.

Telecommunication facilities should be located and designed to avoid blocking and/or substantially altering scenic views.

f.

Building mounted telecommunication facilities are encouraged rather than telecommunication towers.

g.

Building mounted telecommunication facilities should be integrated with existing structures.

h.

Telecommunication facilities should be designed and painted a color that blends with the surrounding natural or manmade features.

i.

Telecommunication facilities and appurtenances shall be screened by existing and/or proposed structures and landscaped to the extent possible without compromising reception and/or transmission.

j.

The design of fencing, landscaping, and other screening for telecommunication facilities shall be integrated and compatible with surrounding improvements.

k.

Multiple telecommunication facilities of reduced heights are encouraged to cover a service area where the visual impacts would be less than a single larger and more visually obtrusive tower.

l.

Co-location of commercial telecommunication towers and the use of the same site by multiple carriers is encouraged where feasible and found to be desirable.

m.

Monopoles or guyed/lattice towers are discouraged except where satisfactory evidence is provided demonstrating that a self-supporting tower is needed to provide the height and/or capacity necessary for the proposed facility and visual impacts would be minimized.

n.

All utility lines serving the facility shall be under-grounded.

o.

Each commercial telecommunication facility shall be installed in a manner that will maintain and enhance existing native vegetation. Suitable landscaping to screen the facility shall also be installed where necessary.

p.

All major commercial telecommunication facilities, other than government owned facilities, shall be prohibited in residential zones.

q.

All major commercial telecommunication facilities shall be located at least seventy-five feet from any habitable structure, except for a habitable structure on the property in which the facility is located.

3.

Commercial transmission towers are prohibited.

4.

Telecommunication facilities shall conform to the requirements of the FCC.

C.

Amateur Radio and Citizen's Band Antennas. Amateur radio and citizen's band antennas shall comply with the following regulations, and all other applicable requirements of this section.

1.

The following amateur radio and citizen band facilities require site plan review only:

a.

An antenna facility that is not within the public view provided the facility otherwise complies with all other applicable provisions of this section. It shall be the responsibility of the applicant to prove that the proposed facility will not be in public view.

b.

No more than one ground mounted antenna per parcel, not to exceed thirty feet in height setback a distance equal to the height of the facility from the property line.

c.

No more than one building mounted antenna per parcel, not to exceed twelve feet in height above the highest part of the building.

D.

Receive-Only Television and Radio Antennas. Receive-only TV and radio antennas shall comply with the following regulations, and all other applicable requirements of this section.

1.

The following facilities require site plan review only provided they comply with Subsection (E):

a.

An antenna that is not within the public view provided the facility otherwise complies with all other applicable provisions of this section. It shall be the responsibility of the applicant to prove that the proposed facility will not be in public view.

b.

Ground mounted facility that is a satellite dish one meter (3.28 feet) or less in diameter.

c.

Building mounted facility that is a satellite dish one meter (3.28 feet) or less in diameter.

E.

Development Criteria for All Facilities. Each antenna and other telecommunications facility, including exempt facilities, shall comply with the following requirements.

1.

The antenna shall be accessory to the primary use of the property which is not a telecommunications facility.

2.

No more than one citizen band, amateur radio, receive only TV or radio antenna tower is allowed per parcel.

3.

Telecommunication facilities shall not be located within any setback area required by the applicable zoning district.

4.

Antennas and appurtenances should not be installed between the primary structure and any private or public street adjoining the parcel unless sufficiently screened, and no other feasible alternative exists.

5.

No portion of an antenna array shall extend beyond the property lines of the subject parcel, unless the affected property owner has given written consent to the encroachment and the consent has been recorded at the San Diego County Recorder. Any consent given under this condition shall set forth a procedure by which the consent may be terminated.

6.

The facility shall be as small as possible and the minimum height necessary without compromising reasonable reception and/or transmission.

7.

All hardware such as brackets, turnbuckles, clips, and similar items subject to rust or corrosion shall be protected by galvanizing or paint.

8.

Satellite dishes shall be painted a color that blends with their surroundings.

9.

Satellite dishes shall not be used as a sign or contain any advertising copy.

10.

Facilities shall be screened by existing and/or proposed structures and landscaping to the extent possible without compromising reception and/or transmission.

11.

Each facility shall comply with all federal, state, and city codes, including FCC and FAA standards.

F.

Permit Requirements. A telecommunications facility shall require conditional use permit approval in compliance with this section, if not considered an amateur radio and citizen's band antenna pursuant to Subsection (C) or exempt pursuant to Subsection (D).

1.

Conditional Use Permit Required.

a.

A conditional use permit is required for all commercial telecommunication facilities. The review authority for conditional use permits is the planning commission.

b.

Application requirements for commercial facilities. In addition to the conditional use permit application requirements, the following information shall be submitted when applying for a telecommunications facility:

i.

A narrative description of the proposed facility, including the type of facility, type of technology and consumer services that provider will provide to its customers;

ii.

Area development, service area, and network maps;

iii.

Alternative site or location analysis;

iv.

Title reports; and

v.

Visual impact analysis, including photo montages, field mockups, line of site sections, and other techniques shall be prepared by or on behalf of the applicant which identifies the potential visual impacts of the facility, at design capacity. Consideration shall be given to views from public areas as well as from private properties. The analysis shall assess visual impacts of the facility and shall identify and include all technologically feasible mitigation measures.

c.

Exceptions. Exceptions to the requirements of this section may be granted through conditional use permit approval by the planning commission.

G.

Abandonment. Upon abandonment of a telecommunication facility, the facility shall be removed by the applicant and/or property owner and, where applicable, the site shall be restored to its natural condition.

H.

Notwithstanding any other provision of this section, all "small wireless facilities" as defined by the FCC in 47 C.F.R. § 1.6002(I), as may be amended or superseded, shall be subject to permits and other requirements as specified in City Council Policy No. 506, which is adopted and may be amended or repealed by a City Council resolution. If City Council Policy No. 506 is repealed and not replaced, an application for a small wireless facility shall be processed pursuant to this section.

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

Tobacco specialty businesses, where permitted pursuant to the Land Use Code, shall comply with the following standards:

1.

A conditional use permit is required.

2.

The business shall not be located within one thousand feet of any school, playground, recreation center or facility, childcare center, or library in the city of National City.

3.

No alcohol or food may be sold or consumed on the premises.

4.

No person under the age of twenty-one years of age may enter the premises unless that person is accompanied by his or her parent or legal guardian.

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

A.

Purpose. The purpose of urban agriculture is to ensure that urban garden areas are appropriately located and protected to meet needs for local food production, community health, recreation, community education, garden-related job training, environmental enhancement, preservation of green space, and community enjoyment.

B.

Definitions.

1.

"Coldframe" means an unheated outdoor structure consisting of a wooden or concrete frame and a top of glass or clear plastic, used for protecting seedlings and plans from the cold.

2.

"Community farm" is an area of land larger than one acre managed and maintained by an individual or group of individuals to grow and harvest food and horticultural products for shareholder consumption or for sale or donation. Shareholders may arrange to work on the farm in exchange for a share of the crops and/or pay for a portion of the crop in advance. A community farm may be a principal or accessory use. Sale and donation of food and horticultural products grown in the community farm may occur on-site.

3.

"Greenhouse" means a building made of glass, plastic, or fiberglass in which plants are cultivated.

4.

"Home garden" means a garden maintained by one or more individuals who reside in a dwelling unit located on the subject property. Food and horticultural; products grown in the home garden may be used for personal consumption or for donation or sale. On-site sales are not permitted. A home garden is an accessory use to a principal residential use.

5.

"Hoophouse" means a structure made of PVC piping or other material covered with translucent plastic, constructed in a "half-round" or "hoop" shape.

6.

"Neighborhood garden" is an area of land, one acre or less, managed and maintained by an individual or group of individuals to grow and harvest food and horticultural products for personal or group consumption, for sale or donation. A neighborhood garden may be divided into separate garden plots for cultivation by one or more individuals or may be farmed collectively by members of the group. Sale and donation of food and horticultural products grown in the neighborhood garden may occur on-site. A neighborhood garden may be a principal or accessory use.

7.

"Rooftop garden" means any garden on the roof of a building. Besides the decorative benefit, roof plantings may provide food, temperature control, hydrological benefits, architectural enhancement, habitats or corridors for wildlife, and recreational opportunities.

C.

Permitted Primary Uses. Cultivation of edible vegetables, flowers, herbs, fruits and other plants in the ground, in raised beds, and in greenhouses which may have occasional sales of items at the site. Sale of nonagricultural times is prohibited.

D.

Permitted Accessory Uses.

1.

Only the following accessory uses and structures shall be permitted in both neighborhood gardens and community farms:

a.

Open space associated with and intended for use as garden areas.

b.

Signs limited to identification, information and directional signs, including sponsorship information where the sponsorship information is clearly secondary to other permitted information on any particular sign, in conformance with the regulations of the signage sections.

c.

Benches, bike racks, raised/accessible planting beds, compost bins, picnic tables, seasonal farm stands, fences, garden art, rain barrel systems, and children's play areas.

d.

Buildings, restroom facilities with composting toilets, and planting preparation houses.

e.

Off-street parking and walkways, in conformance with the regulations of Division 4.

f.

Tool sheds and shade pavilions.

2.

Only the following accessory uses shall be permitted on community farms:

a.

Greenhouses, hoophouses, coldframes, and similar structures used to extend the growing season.

b.

Buildings limited to barns, restroom facilities with composting toilets, and planting preparation houses.

c.

Cold storage.

d.

Packing facilities.

e.

Market stands.

E.

Supplemental Regulations. Uses and structures shall be developed and maintained in accordance with the following regulations:

1.

Location. Buildings associated with a community farm or neighborhood garden shall be set back from property lines of a residential district a minimum distance of ten feet.

2.

Height. No building or other structure shall be greater than sixteen feet in height.

3.

Building Coverage. The combined area of all buildings, excluding greenhouses and hoophouses, shall not exceed fifteen percent of the garden site lot areas for community farms and five percent for neighborhood gardens. Buildings and other structures may not exceed twelve feet in height.

4.

Parking and Walkways. Off-street parking shall be permitted only for those garden sites exceeding 15,000 square feet in lot area. Such parking shall be limited in size to fifteen percent of the garden site lot area and must be surfaced in accordance with the parking section of this Land Use Code. Walkways shall be paved in accordance with the Americans with Disabilities Act (ADA).

5.

Signs. Signs shall not exceed four square feet in area per side and shall not exceed six feet in height.

6.

Farm Stands. Farm stands that sell produce grown on site shall be removed from the premises or stored inside a building on the premises during that time of the year when the garden is not open for public use.

7.

Interior Fences. Fences around individual garden plots is permitted but not required. Interior fences shall be open and shall not exceed four feet in height.

8.

Exterior Fences. Fences located on the perimeter of a community farm or neighborhood garden shall not exceed six feet in height, shall be at least fifty percent open if they are taller than four feet, and shall be constructed of wood, chain link, or ornamental (tubular) steel. For any garden that is fifteen thousand square feet in area or greater and is in a location that is subject to design review and approval by the regulating authority, no fence shall be installed without review by the city planning division.

9.

Operating Rules. The garden management shall have an established set of operating rules addressing the governance structure of the garden, hours of operation, maintenance and security requirements and responsibilities; a garden coordinator to perform the coordinating role for the management of the community gardens; and must assign garden plots according to the operating rules established for that garden. The name and contact number/address of the garden coordinator and a copy of the operating rules shall be kept on file with the city planning division.

10.

Hours of Operation. Retail sales and all other public use of the farm shall begin no earlier than seven a.m. and end by seven p.m. every day of the week.

F.

Certain Activities Prohibited.

1.

Use of insecticides made from synthetic chemical materials is forbidden.

2.

Use of synthetic herbicides and weed killers is prohibited.

3.

Composting of animal parts is prohibited.

4.

Production of intoxicating or poisonous plants is forbidden.

5.

Use of chemical rodenticides, except for those that are acceptable under organic regulations.

6.

Water, fertilizer, and other organic materials shall not drain onto adjacent property.

7.

Use of barbed wire is prohibited.

G.

Procurement of Water.

1.

Procurement of water from public supplies should be negotiated between the Sweetwater Authority and the individual or organization conducting agricultural activities on the site.

2.

Use of private sources of water, such as water delivered through a hose from a spigot attached to a participant's house, is permitted.

3.

Use of on-site rainwater (i.e., rain barrels) shall be permitted providing it is not maintained for human consumption.

4.

The use of water for irrigation shall be in conformance with Section 18.44.190 (Water Efficient Landscape Regulations) of this Land Use Code.

H.

Toxic or Flammable Chemicals.

1.

Gasoline used for the operation of lawnmowers or other combustion engine-driven gardening machinery must be kept in sealed containers in locked, ventilated structures.

2.

No flammable materials or other chemical except the permitted chemicals mentioned above may be used or stored for an urban agriculture land use.

I.

Machinery. Tractors, lawnmowers, and other farm-related machinery may be used and stored a long as they are in good working order and do not create a nuisance as defined elsewhere in the Municipal Code.

J.

Prevention of Growth of Poisonous or Injurious Weeds.

1.

Parties using or otherwise occupying urban agriculture land uses are responsible for preventing the growth of those weeds defined as poisonous or injurious.

2.

Invasive species as defined by the California Native Plant Society and San Diego County American Society of Landscape Architects are not permitted and shall be promptly removed from the site.

K.

Handling and Preparation of Food for Sale. Refer to county health department for rules regarding food and food establishments. These rules are to apply where parties involved in agriculture activities seek to sell food on-site.

L.

Soil Dangers and Toxicity.

1.

Prior to implementing neighborhood gardens and community farms and before any food products may be grown in topsoil, such soil should be tested for contaminants that would render it unsuitable for cultivation, including, but not limited to: lead and other toxic heavy metals; industrial solvents; gasoline; perclorethylene; and other chemicals that can be transmitted to people via soil contact or consumption of foods grown in such soil.

2.

Area of dry, loose soil that may be moved by wind should be covered by mulch or plastic or otherwise confined.

M.

Rooftop Gardens. For multi-unit residential buildings and residential care facilities, rooftop gardens are highly encouraged. Rooftop gardens are also permitted on nonresidential buildings. Rooftop gardens can be grown in containers or as a "green roof system." A rooftop must be structurally capable of supporting the additional weight of a rooftop garden and the people who use them. Rooftop gardens should:

1.

Be accessible to all residents of a residential building.

2.

Have access to water.

3.

Be provided with a storage area for equipment, material, and gardening tools.

4.

Have a minimum safety enclosure of forty-two inches in height.

5.

Be provided with shade if used by the elderly.

6.

Be provided with a composting bin or bins.

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

A.

Restriction on Types of Animals Served. Veterinary clinics shall be limited to serving only those kinds of small, domesticated animals or household pets commonly maintained in residence with man.

B.

Conditional Use Permit Required. Veterinary hospitals or clinics shall be subject to the issuance of a conditional use permit. In addition to complying with the provisions of a conditional use permit, such uses shall:

1.

Be located no closer than one hundred feet to any residential zone, or to any restaurant, hotel or motel;

2.

Show that adequate measures and controls have been taken to prevent offensive noise and odor;

3.

Not allow the incineration of refuse or animal carcasses on the premises;

4.

Not be operated as a kennel.

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

A.

Purpose. The neighborhood corner store is established largely to serve adjacent residential neighborhoods. The corner store allows for a small convenience store.

B.

Applicability.

1.

Neighborhood corner stores are permitted in all residential zones, but limited to the following corner sites:

a.

Intersections of an arterial streets with an arterial street;

b.

Intersections of an arterial street with a collector street;

c.

Intersections of a collector street with a collector street.

2.

The Circulation Element of the General Plan identifies the locations of all arterial and collector streets.

C.

Definition. A small retail business (three thousand square feet maximum) located in a residential area established for the sale of convenience goods limited to food, groceries, non-alcoholic beverages, toiletries, cleaning products, magazines and newspapers, indoor vending/ATM machines, lottery tickets, over-the-counter medication, and any other products determined by the city to be of the same general character as those listed here. The space devoted to the sale of non-food items shall be limited to ten percent of the gross floor area. Corner stores are strongly encouraged to provide fresh produce. Outdoor vending machines are not permitted. A corner store may include a single residential unit. A corner store may be accessory to a residential unit.

D.

Permitted Locations. Neighborhood corner stores are permitted in residential zones at intersections of collector and/or arterial streets with a Minor Use Permit.

E.

Setbacks.

1.

Front and corner side setback. Buildings shall be located between zero feet and ten feet from the front and/or corner side property line.

2.

Side/rear setbacks. A corner store shall meet the minimum standards for setbacks of the residential zoning district that it is located.

F.

Parking. Parking is allowed in rear yards but may be permitted in side yards by conditional use. Use of on street parking to meet the parking requirements of corner stores is permitted; however, the number of on street parking spaces used to meet the parking requirements may not extend further than twenty feet beyond the edge of the corner store parcel.

G.

Architectural Standards.

1.

Building Footprint. The building footprint for any individual nonresidential building shall not exceed three thousand square feet. The maximum length of building frontage is seventy-five feet.

2.

Building Character. New buildings and renovations to existing buildings shall be harmonious with the character of nearby residential neighborhoods.

3.

Drive-through Facilities. Drive through facilities are not permitted.

4.

Outdoor Uses. Outdoor uses such as seating and display of fresh produce and flowers may be established consistent with Section 18.30.150 (Outdoor Display of Merchandise). Outdoor display of produce and flowers is limited to a maximum length of fifteen percent of the front facing building facade or fifteen percent if the facade facing a parking lot. Produce and flowers shall not obstruct the flow of pedestrian traffic.

H.

Performance Standards.

1.

Lighting. Lighting for the neighborhood corner store shall be appropriately shielded to not negatively impact the residential neighborhood.

2.

Hours of Operation. Neighborhood corner stores are only permitted to operate between the hours of seven a.m. to ten p.m. A neighborhood corner store shall be allowed to operate so that neighboring residents are not exposed to offensive noise, especially from traffic, routine deliveries or late night activity.

3.

Noise. All neighborhood corner stores shall comply with the noise standards contained in Title 12. No amplified sound including music shall be audible to neighboring residents.

4.

Sale of Beer, Wine, and Alcohol Prohibited. Neighborhood corner stores are not permitted to sell beer, wine, or other alcohol. Neighborhood corner stores shall not be permitted to apply for a conditional use permit to sell beer, wine, or other alcohol.

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

A.

Construction or Expansion. Any proposal for the construction or expansion of a motel in any zone shall comply with the following standards:

1.

All motels shall have a manager's apartment.

2.

Kitchen or kitchenette facilities are prohibited in all but the resident manager's unit.

3.

All motels shall be located on lots that are at least twenty thousand square feet in size and the minimum number of units provided shall be twenty.

4.

Motel rooms shall be at least three hundred square feet in size including the bathroom.

5.

A swimming pool at least five hundred twenty-five square feet in size shall be provided on all sites.

6.

On-site parking shall be provided in accordance with Division 4.

7.

Landscaped areas shall be provided per Division 4.

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

Markets that sell fresh or frozen seafood that are less than twenty-five thousand square feet in area shall be located a minimum distance of three hundred feet from any residentially zoned properties. A conditional use permit shall be required for all markets that sell fresh or frozen seafood. This section shall not apply to manufacturers' of prepackaged frozen products.

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

A.

Conditions for Operating a Bed and Breakfast Inn.

1.

Permitted in any residence listed on the city's list of historic properties subject to the issuance of a conditional use permit.

2.

Operated as an accessory use to the owner's residential use. The bed and breakfast inn shall be operated by the owner of the property only.

3.

Check-in/check-out time shall be between nine a.m. and eight p.m. only.

4.

Breakfast shall be the only meal served to guests.

5.

No long-term rental of rooms shall be permitted. The maximum stay for guests shall be seven days.

6.

No cooking facilities shall be allowed in the guest rooms.

7.

If the use at any time becomes unduly intrusive to the neighborhood, the permit may be revoked at the discretion of the planning commission. The decision of the planning commission shall be final.

8.

The historic character of the structure shall be maintained.

9.

Bed and breakfast inns shall comply with all applicable adopted city fire and building codes.

10.

The number of rooms permitted in the bed and breakfast inn shall be specified in the conditional use permit.

B.

Design Requirements. The following design requirements shall apply to all bed and breakfast inns:

1.

Parking shall be provided at a ratio of one off-street parking space for each guest room plus two spaces for the owner's unit. In addition, one space shall be provided for each employee of the shift of maximum employment.

2.

One sign shall be permitted subject to approval of the planning commission at the time of the conditional use permit consideration. Such sign shall be compatible with the historic character of the structure in design, color and materials. The sign shall not exceed twelve inches wide by sixteen inches long and shall be mounted at a maximum height of four feet. Modification of the sign, at a later time, shall be subject to approval of the city manager or his/her designee in accordance with site plan review.

3.

Bed and breakfast inns shall comply with the design regulations for the underlying zone in which the site is located.

4.

Bed and breakfast inns shall be subject to the provisions of site plan review.

C.

Preliminary Departmental Review. Prior to submittal for a conditional use permit to operate a bed and breakfast inn, the applicant may request that the building official, or his/her designee, and the fire marshal, or his/her designee, conduct an inspection of the proposed bed and breakfast inn. After such inspection the applicant will be notified of the findings of the preliminary inspection and given a tentative list of modifications that will be required for the structure as conditions of the conditional use permit. Upon submission of the conditional use permit application and review by the departments, the above list may be added to or deleted from. The planning commission shall consider the findings of the director of building and safety and the fire chief when considering the conditional use permit.

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

Solar collectors are permitted outright as an accessory use to any principal use subject to the following standards: Solar collectors are not considered as "reflective roofing materials" and there is no limit to the specific percentage of roof coverage.

A.

Allowed Height of Solar Energy Systems.

1.

Single-family: Except within the coastal zone, photovoltaic solar energy systems may extend up to five feet above the height limit in the zoning district. Solar water or swimming pool heating systems may extend up to seven feet above the height limit in the zoning district;

2.

All Other Properties: Except within the coastal zone, photovoltaic solar energy systems may extend up to five feet above the roof surface on which they are installed, even if this exceeds the maximum height limit in the district in which it is located. Solar water or swimming pool heating systems may extend up to seven feet above the roof surface on which they are installed even if this exceeds the maximum height limit in the district in which it is located.

B.

Side and Rear Yard Setbacks.

1.

Excluding solar collector panels, solar energy system equipment may be installed within the required side and rear yard but shall not be closer than three feet to any property line.

C.

Visibility of Solar Energy Systems.

1.

Excluding solar collector panels, their necessary support structure, and conduit, solar energy systems shall not be visible from the public right-of-way adjacent to the front property line.

2.

Solar collector panels, their necessary support structure, and conduit, shall be installed in the location that is the least visible from abutting streets directly facing the subject property so long as installation in that location does not significantly decrease the energy performance or significantly increase the cost of the solar energy system as compared to a more visible location.

3.

Solar collector panels, not located on the rooftop of a primary structure, garage, or accessory structure on lots adjacent to RS-1 and RS-2 zones shall be limited to a maximum height of six feet. Solar collector panels located in all other zones shall comply with the maximum height permitted for an accessory structure in said zone.

D.

Solar Collectors on Historic Properties.

1.

Add solar panels on roof surface or roof surfaces not visible from a public street or park. However, solar shingles may be added to a roof surface visible from a public way if low or non-reflective shingles are used.

2.

Place solar panels or other solar devices on a non-character-defining roofline of a non-primary elevation (not readily visible from public streets). Run solar panels and devices parallel to the original roofline.

3.

Set solar panels and solar devices back from the edge of a flat roof to minimize visibility. Panels and devices may be set at a pitch and elevated, if not highly visible from public streets.

4.

Select solar panels, solar devices, mechanical equipment and mounting structures with non-reflective finishes such as an anodized finish.

5.

Where permitted, paint mechanical equipment attached to the building fascia the same color as the fascia in order to blend into the building.

6.

Locate detached arrays of solar panels and solar devices at a historic site in the rear or side yard if the arrays are not highly visible from the public streets or public parks and do not detract from other major character defining aspects of the site. The location of detached solar arrays should also consider visibility from adjacent properties, which shall be reduced to the extent possible while still maintaining solar access.

7.

Use solar devices in non-historic windows, walls, siding or shutters that do not face public streets.

8.

Use solar panels and solar devices that are similar in color to roof materials, if available.

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

A.

Restrictions.

1.

No tattoo or body piercing establishment shall be located within one-mile of another such establishment.

2.

Tattoo parlors and body-piercing establishments shall be located no less than one thousand feet from a church, school, or playground.

3.

Tattoo parlors and body-piercing establishments shall be no closer than two hundred fifty feet from a residential zone.

4.

No tattoo and body-piercing establishments shall be located east of Interstate 805.

5.

A conditional use permit is required.

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

A.

Restrictions.

1.

No pawn shops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals shall be located within two thousand feet of another such business. This shall not apply to shopping centers of fifty thousand square feet or more.

2.

Pawn shops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals shall be no closer than two hundred fifty feet from residential zones.

3.

No pawn shop or businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals shall be located east of Interstate 805. This shall not apply to shopping centers of fifty thousand square feet or more.

4.

A police permit is required, the processing of which shall comply with Business and Professions Code Section 21641. The chief of police shall charge a nonrefundable fee(s) or the required renewal fee(s) to cover the costs of processing the police permit and actual costs incurred to process the application and to collect and transmit the fee charged by the department of justice.

5.

A pawn shop or businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals that provides payday lending is not exempt from the regulations of payday lenders.

6.

No more than six pawn shops shall be allowed within National City.

7.

All pawnbrokers and secondhand dealers shall require, at minimum, a secondhand dealer license and shall abide by state-mandated reporting requirements for secondhand tangible personal property as required in the Business and Professions Code.

a.

These requirements shall also be required of retail businesses that offer trade-ins or credit for secondhand tangible personal property.

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

A.

Restrictions.

1.

No more than twelve payday lending establishments shall be allowed within National City.

2.

Payday lenders shall be located within shopping centers of fifty thousand square feet or more and within a multi-tenant building.

3.

A conditional use permit is required.

4.

A pawn shop which provides payday lending is not exempt from these regulations.

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

A.

Prohibition.

1.

Medical marijuana dispensaries are prohibited.

B.

Definitions.

1.

For purposes of this section, "medical marijuana dispensary" shall mean a facility where marijuana is made available for medical purposes in accordance with Section 11362.5 of the California Health and Safety Code.

2.

For purposes of this section, "marijuana" shall have the same meaning as the definition of that word in Section 11018 of the California Health and Safety Code.

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

A.

Prohibition.

1.

Cultivation of marijuana for medicinal purposes is prohibited.

2.

Cultivation of marijuana is prohibited regardless of purpose.

B.

Definitions. For the purpose of this section the following definitions shall apply:

1.

"Cultivation of marijuana" shall mean the planting, growing, cultivating, harvesting, drying, or processing of marijuana.

2.

For purposes of this section, "marijuana" shall have the same meaning as the definition of that word in Section 11018 of the California Health and Safety Code.

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

A.

General Operation and Maintenance.

1.

A separate business license shall be required of all autobody businesses operating within the city.

2.

An integrated maintenance and operational plan (IMOP) shall be required of all new autobody businesses. The IMOP shall be maintained on site and provided upon request. The plan shall be in addition to, and complementary with, California's required injury and illness program (IIP).

3.

All autobody activities shall be conducted entirely within a building. All sanding, mixing and other pre-painting activities, as well as painting activities, are prohibited to be performed outside of a building,

B.

Air Pollution.

1.

Separate spray booths and mixing rooms shall be required. Paint spray booths shall include appropriate ventilation and filtration systems, as well as exhaust filters and/or overspray arrestors.

2.

Low-volatile organic compound (VOC)-content paints shall be utilized for all painting processes (e.g., pretreatment coating, primer, paint).

3.

All relevant federal, state and/or local air quality authority permits shall be required for new and renewing businesses. All such permits shall be kept current and copies provided with the application for or annual renewal of a city business license.

4.

Emissions shall be at least ninety-eight percent efficient in accordance with the National Emission Standards for Hazardous Air Pollutants (NESHAP), Subpart HHHHHH, or current standard in place at the time of application.

C.

Hazardous Materials.

1.

Where possible, hazardous materials, such as used oil, used oil filters, antifreeze, solvents and other materials, shall be recycled. During storage prior to recycling, all waste fluids shall be stored in separate containers.

2.

All flammable or combustible materials shall be stored a minimum of fifty feet from the front property line. All such storage shall comply with the adopted Uniform Fire Code.

3.

Prep stations or work areas which allow sanding, mixing and other pre-painting activities shall be separated from open work areas. All such prep stations shall be located within separate and properly ventilated areas of the facility where hazardous materials can be controlled.

4.

Where practical, floor drains shall not be installed in spray booth areas. If floor drains are necessary, a control system shall be installed that captures and contains waste streams.

5.

Floor drains cannot connect to stormwater or sanitary sewer systems near any spray booth areas, hazardous material storage areas (e.g., mixing rooms), or hazardous waste storage areas.

6.

All new autobody facilities shall use reusable cloth rags and towels. Rags and towels for disposal shall be stored in a marked container and disposed of at an approved facility.

7.

All waste streams, including paints, solvents and automobile fluids, shall be separated and clearly labeled. All containers shall remain closed except when adding or removing waste.

D.

Parking and Site Layout.

1.

Parking for auto body uses shall be provided at a ratio of one parking space per five hundred square feet of gross floor area. All such parking area shall be located at the rear of the property.

2.

Separate ingress and egress shall be provided for new auto body uses. Driveways shall be designed so that vehicles exiting the property may do so in a forward direction.

3.

Auto body uses shall be located a minimum of five hundred feet from schools or residential properties, as measured from property line to property line.

4.

Vehicle access doors (e.g., bay doors, garage doors, roll-up doors) shall be located at the rear of the property. In the case of a corner lot or non-vehicular right-of-way, other methods of screening may be used.

5.

Queuing in front of vehicle entry doors shall be provided for no more than four cars. Vehicles in the queue shall not block traffic flow on the property. The queuing area shall be a minimum of twenty-four feet wide and a maximum of one hundred four feet long.

6.

All vehicle loading and unloading areas shall be located behind the building.

E.

Noise.

1.

All repair activities shall be in accordance with Title 12 (Noise Control) of the National City Municipal Code.

F.

Vehicle Storage.

1.

All new auto body uses shall provide a minimum of five hundred square feet and a maximum of two thousand square feet of vehicle storage area.

2.

Vehicle storage time shall not exceed thirty days. Vehicles awaiting repair shall be stored in a designated storage area and shall not be stored in parking or other open areas.

3.

No vehicles shall be stored on adjacent streets or within the public right-of-way.

G.

Security and Fencing.

1.

All vehicle storage areas shall be screened from adjacent properties.

2.

Fencing or screening shall be solid and decorative in nature and shall be a minimum of six feet high and a maximum of eight feet high.

H.

Pollution Prevention.

1.

No hazardous materials shall be released into any groundwater system. Waste disposal systems including, but not limited to, discharge pits, dry wells, cesspools, septic system drain fields or shallow injection wells are prohibited.

2.

Floor drains shall connect to a holding area or separator to collect waste, which shall be disposed of separately.

3.

A storm water pollution prevention plan (SWPPP) shall be required for all new autobody businesses. The SWPPP shall be consistent with Chapter 14.22 of the National City Municipal Code and shall be available at any time for review by city inspectors.

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

A.

Additional Notice Required. In addition to notices required pursuant to Section 18.12.050, written notice for a public hearing on a conditional use permit for a fast food eating place shall be provided to occupants of property within a radius of three hundred feet of the exterior boundaries of the property where the fast food eating place will be located.

B.

Fast food eating places shall be located a minimum of three hundred feet from any residential zoned properties, except for those located within the MXC 2 or MXD 2 zone.

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

Massage establishments may be located in any zone where medical offices are permitted in accordance with Chapters 10.70 and 10.79.

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

A.

Purpose. The purpose of this section is to provide for the construction of Accessory Dwelling Units (ADUs) in areas zoned to allow residential uses pursuant to Government Code Section 65852.2. ADUs help advance the goals and policies of the city's housing element by:

1.

Providing an affordable type of home to construct without the cost of acquiring new land, dedicated parking, and costly infrastructure;

2.

Accommodating new housing units while preserving the character of existing neighborhoods;

3.

Allowing efficient use of the city's existing housing stock and infrastructure;

4.

Providing housing options and choices that respond to varying income levels, changing household sizes and lifestyle needs; and,

5.

Providing a means for residents—particularly seniors, single parents, young singles, and younger couples—to remain in their homes and neighborhoods, and obtain and preserve income, security, companionship, and assistance.

B.

Consistency with state law. This section is intended to be consistent with Government Code Section 65852.2. If inconsistency is found with this section and state law, state law shall prevail.

C.

Definitions. For the purposes of this section Accessory Dwelling Unit (ADU) is defined in Section 18.50.010.

D.

ADUs permitted.

1.

One ADU is permitted on a lot if all the following are met:

a.

The lot includes a proposed or existing dwelling.

b.

The lot is in a zone that allows for a residential use as indicated in Table 18.20.020.

c.

The proposed ADU is located where the city manager or his/her designee has not determined that public utilities or services are inadequate or the ADU will adversely impact traffic flow or public safety.

d.

The ADU meets the standards of Subsection F.

2.

Two detached ADUs are permitted on a lot with a multi-family residential use if all the following are met:

a.

The lot includes an existing multi-family residential dwelling.

b.

Each ADU does not exceed a total floor area of one thousand two hundred square feet and sixteen feet in height.

3.

Multiple ADUs are permitted within the portions of existing multi-family residential structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

a.

At least one ADU is permitted within an existing multi-family residential structures and up to twenty-five percent of the existing number of multi-family dwelling units is allowed.

E.

Review. The approval of an ADU is subject to a ministerial decision process outlined in Section 18.12.030. For the purposes of this subsection, a staff person designated by the city manager shall review and act on a building permit application for an ADU within sixty days after a complete application is received. An ADU proposed with a permit application for a new primary dwelling shall not be approved until the primary dwelling receives approval. An applicant may request a variance subject to Section 18.12.120 in conjunction with an application for an ADU.

F.

ADU Development Standards.

1.

Density. ADUs are consistent with the allowable density for the lot upon which the ADU is located and the ADU is a residential use that is consistent with existing General Plan and zoning designations for the lot.

2.

Location. An ADU may be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing dwelling. An ADU may be attached to, located within, or detached from an existing or proposed primary dwelling unit, including garages and habitable or non-habitable accessory structures.

3.

Parking. No additional parking is required for an ADU. If an ADU is constructed within existing garage or covered parking, then no replacement parking spaces may be required.

4.

Height. The maximum height of an ADU is as follows:

a.

On a property with a single-family residential primary dwelling, the height of the ADU, attached or detached, shall not exceed the height of the primary dwelling or sixteen feet, whichever is greater. For an ADU constructed above a garage or on a lot smaller than five thousand square feet, the height shall not exceed twenty-five feet.

b.

On a property with a multi-family residential structure, the height of a detached ADU shall not exceed sixteen feet.

5.

Setbacks.

a.

For all ADUs, the front setback shall be a minimum of fifteen feet.

b.

For all ADUs, the exterior and interior side yard setback shall be a minimum of four feet and the rear yard setback shall be a minimum of four feet.

c.

No setback shall be required for an existing living area or permitted accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.

6.

Landscaping.

a.

One twenty-four inch box tree shall be planted within the required fifteen foot front yard setback for ADUs or in the abutting parkway. Existing trees that are at least fifteen feet high and fifteen feet in width may be used to satisfy this requirement.

7.

Building Design Standards. ADUs shall conform to adopted single-family infill standards in Section 18.42.070.C.

8.

Size of unit.

a.

The minimum size of an ADU is a total floor area of one hundred and fifty square feet.

b.

The total floor area of an ADU attached to a primary dwelling unit shall not exceed fifty percent of the total floor area of the existing primary dwelling or one thousand and two hundred square feet, whichever is greater, save and except (d) below.

c.

The total floor area of a detached ADU shall not exceed one thousand and two hundred square feet save and except (d) below.

d.

An ADU constructed within the footprint of an existing dwelling or a detached structure shall not be subject to a maximum square footage of total floor area.

e.

As provided in state law, an attached or detached ADU with a maximum size of eight hundred and fifty square feet or one thousand square feet with more than one bedroom shall be permitted in any circumstance subject to a maximum height of sixteen feet, four foot side and rear setbacks, and compliance with all building codes.

9.

A minimum lot size shall not be required for an ADU under this chapter.

10.

No passageway shall be required for an ADU under this chapter.

11.

ADUs are only required to provide fire sprinklers if they are required for the primary residence.

G.

Limitations and other requirements.

1.

An ADU shall not be sold or otherwise conveyed separate from the primary residence.

2.

An ADU may serve as a rental unit or be occupied by family members, guests, or in-home health care providers and others at no cost.

3.

Neither the ADU nor the primary dwelling unit shall be rented for a term of less than thirty-one days. ADUs on multi-family properties shall be subject to this provision, except the restriction shall not apply to existing multi-family units.

4.

Owner occupancy of the primary unit or ADU is not required.

5.

Trash and recycling. Receptacles are required and shall conform to the requirements of Section 7.10.040 of the Code of Ordinances.

6.

Prohibited units. No structure of a temporary nature shall be used as a residence or ADU, neither temporarily nor permanently. Refer to Section 18.20.030.A.

7.

Fees. An ADU with less than seven hundred and fifty square feet is exempt from any impact fees imposed by the city. For ADUs seven hundred and fifty square feet or more, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit.

8.

Before a building permit may be issued for an ADU, the record owner shall enter into an agreement with the City in a form that is approved by the City Attorney. The agreement shall include the following provisions: the ADU may not be sold or conveyed separately from the primary dwelling unit; the agreement may be enforced against future purchasers; and the ADU may not be rented for a period of less than thirty-one days. The City shall submit the agreement to the County Recorder for recordation. The agreement shall run with the land for life of the ADU.

H.

Nonconforming zoning conditions. The correction of existing nonconforming uses, structures, or parcels pursuant to Chapter 18.11 shall not be required as a condition of approval for an ADU.

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

A.

Purpose. The purpose of this section is to provide for the construction of Junior Accessory Dwelling Units (JADUs) in areas zoned to allow residential uses pursuant to Government Code Section 65852.22. JADUs help advance the goals and policies of the city's housing element by:

1.

Providing an affordable type of home to construct without the cost of acquiring new land, dedicated parking, and costly infrastructure;

2.

Accommodating new housing units while preserving the character of existing neighborhoods;

3.

Allowing efficient use of the city's existing housing stock and infrastructure;

4.

Providing housing options and choices that respond to varying income levels, changing household sizes and lifestyle needs; and,

5.

Providing a means for residents—particularly seniors, single parents, young singles, and younger couples—to remain in their homes and neighborhoods, and obtain and preserve income, security, companionship, and assistance.

B.

Consistency with state law. This section is intended to be consistent with Government Code Section 65852.22. If inconsistency is found with this section and state law, state law shall prevail.

C.

Definitions. For the purposes of this section junior accessory dwelling unit (JADU) is defined in Section 18.50.010.

D.

JADUs permitted.

1.

One JADU is permitted on a lot if the following are met:

a.

The lot includes a proposed or existing single-family dwelling.

b.

The lot is in a zone that allows for a residential use as indicated in Table 18.20.020.

c.

The JADU meets the standards of Subsection F.

d.

The proposed JADU is located where the city manager or his/her designee has not determined that public utilities or services are inadequate or the JADU will adversely impact traffic flow or public safety.

E.

Review. The approval of a JADU is subject to a ministerial decision process outlined in Section 18.12.030. For the purposes of this subsection, a staff person designated by the city manager shall review and act on a building permit application for a JADU within sixty days after a complete application is received. A JADU proposed with a permit application for a new primary dwelling shall not be approved until the primary dwelling receives approval.

F.

Development standards.

1.

A JADU may have a total floor area of not less than one hundred and fifty square feet and not more than five hundred square feet, and is permitted within an existing or proposed single-family residential dwelling unit. A JADU constructed within an existing structure may construct an additional one hundred and fifty square feet for ingress and egress only.

2.

A JADU shall have a separate exterior entry from the primary dwelling unit and shall provide a kitchen or an efficiency kitchen.

3.

Parking. No replacement parking spaces are required when a JADU is created within an existing attached garage.

G.

Limitations and other requirements.

1.

The owner must occupy the single-family residence in which the JADU will be permitted. The owner may reside in either the remaining portion of the structure or the newly created JADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

2.

Before a building permit may be issued for a JADU, the record owner shall enter into an agreement with the City in a form that is approved by the City Attorney. The agreement shall include the following provisions: the JADU may not be sold or conveyed separately from the primary dwelling unit; the agreement may be enforced against future purchasers: the JADU shall not be rented for a period of less than thirty-one days; and the record owner shall reside on the premises. The City shall submit the agreement to the County Recorder for recordation. The agreement shall run with the land for life of the JADU.

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

A.

Purpose. This section establishes standards for the development and operation of low barrier navigation centers where permitted by right as set forth in Division 2.

B.

Permitted Use. Low barrier navigation centers shall be a permitted and developed consistent with Government Code Sections 65660, 65662, 65664, and 65666, as amended.

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

A.

Purpose. This section establishes standards for the development and operation of transitional/supportive housing where permitted by right as set forth in Division 2.

B.

Permitted Use. Transitional/supportive housing shall be a permitted and developed consistent with Government Code Sections 65582, 65583, and 65650 - 65656, as amended.

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