18.10.010 - Purpose.#

A. Purposes of this title.

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

2. Implement the general plan;

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

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

5. Encourage the most appropriate use and occupancy of buildings;

6. Promote good planning and design;

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

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

18.10.020 - Applicability.#

A. Limitations on Land Use. Except as otherwise provided:

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

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

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

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

18.10.030 - Authority, relationship to the general plan, specific plans, and design guidelines.#

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

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

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

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

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

18.10.040 - Responsibility for administration.#

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

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

18.10.050 - Interpretation of land use code provisions.#RS-1

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

B. Rules of Interpretation.

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

2. Language.

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

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

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

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

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

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

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

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

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

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

   e. General Plan. See Section 18.10.030(B).

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

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

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

C. Procedures for Interpretations.

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

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

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

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

5. Record of Interpretations.

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

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

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

18.10.060 - Rules of measurement.#

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

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

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

D. Measuring Distances.

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

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

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

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

E. Measuring Height.

1. General. Height shall be considered the vertical distance from the highest point of any structure to the ground level directly below, except as otherwise provided in this section. On sloped lots, the height shall be measured from the average grade to the tallest point of the structure.

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

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

F. Measuring Lot Width and Depth.

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

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

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

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

   a. The floor of atrium and lobby areas.

   b. Enclosed and roofed storage and equipment spaces.

   c. Enclosed and roofed halls, stairways, and elevator shafts.

   d. Enclosed and roofed porches and balconies.

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

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

2. Excluded from Floor Area. Floor area does not include:

   a. Unenclosed balconies, decks, porches, and stairs.

   b. Substandard height portions of attics and basements.

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

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

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

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

2. Unenclosed and unroofed decks less than eighteen inches in height.

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

4. Trellises and similar structures that do not have solid roofs.

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

6. Trash enclosures.

7. Solar collectors.

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

18.10.070 - Reasonable accommodations.#

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

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

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

2. "Director" means the Community Development Director.

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

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

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

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

D. Procedure for Application Review.

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

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

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

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

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

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

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

   d. The address of the property for which accommodation is requested;

   e. A description of the reasonable accommodation requested by the applicant;

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

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

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

E. Basis for Approval or Denial of a Reasonable Accommodation.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 18.12.050 - Reasonable Accommodation Procedures (Continued)#

E. Findings and Decision#

3. Findings Required for Approval#

The planning director shall grant a request for reasonable accommodation only upon making all of the following findings:

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

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

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

4. Rules While Decision is Pending#

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

F. Notice of Decision#

1. Issuance of Determination#

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

2. Appeals#

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

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

1. Expiration#

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

a. A building permit has been issued and construction has commenced;

b. A certificate of occupancy has been issued;

c. The use is established; or

d. A time extension has been granted.

2. Time Extension#

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

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

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

3. Discontinuance#

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

4. Revocation#

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

H. Amendments#

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

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