Item 4 - Ordinance 372 Zoning Ordinance Ammnd 93-01
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{( AGENDA REPORT
CITY OF POWAY
TO: Honorable Mayor and Members of the city council
FROM: James L. Bowersox, City Mana~
INITIATED BY: Marjorie K. Wahlsten, city Clerk~
DATE: January 1993
19,
SUBJECT: Ordinance No, 372 - Zoning Ordinance Amendment 93-
01, Amending Title 17 of the Poway Municipal Code
BACKGROtmD:
On January 12, 1993, the City Council took public input and held
first reading on Ordinance No. 372, entitled, "An Ordinance of
the City of poway, California, Approving Zoning Ordinance
Amendment 93-01, Deleting Chapter 17.22 (Open Space) of the poway
Municipal Code, Renumbering and Amending Chapter 17.23 (Open
Space Recreation), and Adding Chapter 17.21 (Hospital Campus),
Chapter 17.22 (Public Facilities), and Chapter 17.24 (Open Space-
Resource Management) , " A change recommended by the City Attorney
on January 5, 1993 was incorporated at that meeting. Also at
that meeting, Council took action to revise section 17,23.010(a)
to remove the word "relatively" and change "opportunities" to
"needs". Additionally, the hours of operation in section
17,23.070(G) should be changed to "sunrise" rather than 8:00 a,m.
to reflect the use policy of the current parks, The attached
Ordinance reflects these changes. Staff recommends approval.
RECOMMENDATION
It is recommended that the City Council hold second reading and
adopt Ordinance No. 372.
JAB: MAW
Attachment: Ordinance No. 372 as previously amended.
ACTION:
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ORDINANCE NO. 372
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
APPROVING ZONING ORDINANCE AMENDMENT 93-01
DELETING CHAPTER 17.22 (OPEN SPACE) OF THE POWAY MUNICIPAL CODE,
RENUMBERING AND AMENDING CHAPTER 17.23 (OPEN SPACE RECREATION),
AND ADDING CHAPTER 17.21 (HOSPITAL CAMPUS) AND
17.22 (PUBLIC FACfLITIES) AND
CHAPTER 17.24 (OPEN SPACE-RESOURCE MANAGEMENT)
WHEREAS, the City Council periodically finds it necessary to amend Title
17 (Zoning Development Code) of its Municipal Code in response to changi ng
conditions within the City; and
WHEREAS, the City Council held a duly advertised public hearing in
accordance with requi rements of the Ca 1 iforn i a Government Code and the Ca 1 iforni a
Environmental Qual ity Act to provide interested part i es the opportunity to
address the proposed amendments; and
WHEREAS, the City Council finds that it is appropriate to delete the Open
Space (OS) zone, amend the Open Space-Recreation (OS-R) zone and add the Open
Space-Resource Management (OS-RM) and Public Facilities (PF) zones to fulfill the
intent of the November 1991 update of the Poway General Plan which created and
amended the three land use designations; and
WHEREAS, the City Council fi nds it appropri ate to create the Hospital
Campus (HC) zone to further the intent of the General Plan to provide land use
categories clearly reflecting the intended use of the property; and
WHEREAS, the conditional use permit process will allow uses to be reviewed
on a case-be-case basis as necessary to impose appropriate conditions of
operation to protect surrounding properties; and
WHEREAS, the City Council finds these proposed amendments to Title 17 of
the Poway Municipal Code are consistent with the Poway General Pl an and the
intent and purpose of the Zoning Development Code; and
WHEREAS, the City Council finds that the potential environmental impacts
of the creation of the proposed zoning designations were adequately addressed in
the environmental impact report (EIR) prepared and adopted for the 1991 update
of the Poway General Plan and the negative declaration of environmental impact
adopted in conjunction with the approval of General Plan Amendment 93-01A.
NOW, THEREFORE, be it ordained that the City Council does hereby adopt the
fo 11 owi ng amendments as part of Title 17 (Zoning Ordinance) of the Poway
Municipal Code, with deletions shown with strike-out and additions shown in
ital ics.
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Ordinance No. 372
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Section 1:
Chapter 17.21, Hospital Campus (HC), is added to read as follows:
Chaoter 17.21
HC HOSPITAL CAMPUS ZONE
Sections:
17 . 21. 010 Purposes.
17.21. 020 Permitted and conditional uses
17.21.030 Temporary uses.
17.21.040 Property development standards
17.21.050 General requirements
17.21.060 Accessory structures
17.21.070 Other Structures
17.21.080 Walls and fences
17.21. 090 Signs
17.21.100 Rezone restrictions
17.21.010 Purooses.
- This zone is intended to provide central ized services and facil ities in an
integrated complex to conveniently service the medical needs of the community.
17.21.020 Permitted and conditional uses
Development in the Hospital Campus zone must include a minimum 100-bed inpatient
acute-care hospital as the most significant principal use. The following
additional uses shall be permitted where the symbol "P" appears and shall be
permitted uses subject to a conditional use permit where the symbol "C" appears,
and shall be permitted uses subject to a minor conditional use permit where the
symbol 11M II appears. Those uses not 1 i sted are presumed to be prohibited.
Section 17.02.040 of the Poway Municipal Code explains the procedure for the City
Council to clarify the ambiguity of any development code provision.
A. Doctor's offices M
B. Laboratories P
C. Outpatient surgery centers P
D. Imaging centers P
E. Medical training and research facilities C
F. Mental health clinics M
G. Continuing care facilities C
H. Outpatient clinics M
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Ordinance No. 372
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I. Rehabilitation clinics M
J. Pharmacies P
K. Other outpatient service facilities C
L. Other uses that the City Council may determine to be
similar in nature C
17.21.030 Temoorarv uses.
Temporary uses as prescribed in Chapter 17.26
upon issuance of a temporary use permit (TUP) TUP
17.21.040 Prooertv develooment standards
The following regulations shall apply to all parcels in the Hospital Campus (HC)
zone. The requirements are minimum unless otherwise stated.
17.21.050 General reauirements
A. Minimum develooment size. All development within the Hospital Campus zone
sha 11 total a mi nimum of 40 acres in size. The area compri si ng the
Hospital Campus may include more than one legal lot, and have more than
one legal owner, but the whole shall be pl anned, designed, developed,
maintained and used as an integrated complex. A Declaration of Covenants,
Conditions and Restrictions shall be placed on the property which
describes the means by which the integrated planning, design, development,
maintenance and use of the Hospital Campus shall be guaranteed.
B. Develooment Plan. A development plan shall be prepared for the ent ire
site regardless of whether development is contemplated in the near future.
The purpose of the development plan is to show conceptually where
buildings and other improvements wi 11 be located and where and how
parking, on-site circulation and off-site circulation will function.
C. Develooment Review. A Development Review authorizing specific projects
shall be approved by the City Council prior to issuance of any development
permits.
D. Street access. All lots in the Hospital Campus zone shall have a minimum
20 foot wide access to a public street.
E. Lot Coveraae. Maximum lot coverage, including all buildings, structures,
accessory buildings and structures, shall not exceed 30% of the total lat
area.
F. Setbacks. The minimum setback for any structure from any property line
abutting any zone other than Hospital Campus shall be 20 feet. A minimum
building setback of 25 feet shall be required whenever a hospital campus
abuts a lot in any res i dent i a 1 zone. When any property in an HC zone
abuts a property in a commercial or manufacturing zone, the minimum side
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and rear yard setbacks may be reduced at the di scretion of the City
Council, and such reduction shall not constitute a variance. All requi red
setback areas which are adjacent to streets shall be fully 1 andscaped
according to the City of Poway Landscape Guidelines.
G. Desion. The architectural theme of the Pomerado Hospital Campus shall
reflect the rural nature of the surrounding hillside area and shall
maintain the open suburban atmosphere. The exterior pattern and coloring
of the buildings should incorporate earth tones of the surrounding natural
setting and be consistent with a "Santa Fe" Southwestern style of
architecture. The overall appearance of the area should preserve the high
quality visual environment which is pleasing to the passerby as well as
the user.
H. Maximum structure heioht. The maximum height for any structure shall be
35 feet or two stories, whichever is less, except that any addition to the
existing Pomerado Hospital building may be the same overall height from
grade as the exi st i ng structure if it is attached or connected to the
existing structure.
Architectura 1 appurtenances such as clock towers and similar design
elements may exceed the maximum height of 35 feet. Proposals for such
appurtenances, however, shall be evaluated through the development review
application process on a case-by-case basis so that architectural
compatibility and appropriate building scale is achieved and maintained.
I. Off-street oarkino. See Chapter 17.42, to be determined by City Council.
J. Site Oevelooment Standards. The site plan should use imaginative,
creative, and stimulating architectural design with special consideration
given to the provision of the following items where appropriate:
1. Low intensity lighting
2. Generous landscaping
3. Decorative paved walkways
4. Basic design theme
5. Separation of pedestrian and vehicular rights-of-way
6. Architecturally integrated ground mounted equipment such as trash
receptacles and transformers
7. Bus or transit shelters as determined by the Director of Planning
Services
8. Adequate bicycle and motorcycle parking as determined by the City
Counc i 1
9. Architectural compatibility with on-site and surrounding structures.
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Ordinance No. 372
Page 5
K. Exterior liohtino. All exterior 1 ighting shall be constructed in
accordance with Sections 17.08.200(K), 17.10.150(H), and 17.12.150(F).
L. Floodolain. All development in the floodplain shall be in accordance with
the National Flood Insurance requirements and local ordinance.
M. Landscaoino. All development in the HC zone shall be landscaped in
accordance with the City of Poway Landscape Guidelines.
N. Enerov Conservation. Buildings shall be located on the site to provide
adjacent buildings adequate sunlight for solar access. All new
construction and remodeling shall be preplumbed for solar hot water
heating. Buildings shall be des i gned to mi n imi ze energy consumpt i on
requirements, including, but not necessaril y 1 imited to, fo 11 owi ng
conservation measures:
1. Cogeneration
2. South-facing windows
3. Double glazed windows
4. Earth berming against exterior walls
5. Green houses
6. Deciduous shade trees
O. Where a hospital campus abuts property in any commercial or manufacturing
zone, fencing and/or walls may be required, as necessary, to mitigate
potential negative impacts to adjacent properties.
P. Wherever off-street parking areas are facing the front or side yard of
property in a res i dent i a 1 zone, a masonry wall or berm three feet in
height shall be erected in the landscaped area between the required
landscape area and the parking area to adequately screen the parking areas
from the residential properties.
Q. All ut il ity connections shall be designed to coordinate with the
architectural elements of the site so as not to be exposed except where
necessary. Pad-mounted transformers and/or meter box locations shall be
included in the site plan with any appropriate screening treatment. All
new and exi st i ng util ities connections within the boundaries of the
project shall be placed underground. Transformers, terminal boxes, meter
cabinets, pedestals, concealed ducts, and other facilities may be placed
. above ground but shall be screened from view. The requirement for
undergrounding existing utilities shall not apply to any overhead power
transmission lines in excess of 34.5KV and long distance and main trunk
communication facilities. The requirement for undergroundi ng exi st i ng
utility connections may be waived or modified by the City Council in
accordance with criteria and provisions for such as adopted by resolution
of the City Council.
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R. The noi se 1 evel emanating from any hospi ta 1 campus activity shall not
exceed 60 dBA CNEL, as the acceptable outdoor noise exposure level when
measured at the property line in accordance with Chapter 8.08 of the Poway
Municipal Code.
S. All around mounted mechanical eouioment, including heating and air
conditioning units, and trash receptacle areas, shall be screened from
surrounding properties by use of a wall or fence or shall be enclosed
within a building. Structural and design plans for any required screening
under the provisions of this section shall be approved by the Planning
Services Director.
T. All roof appurtenances including, but not 1 imited to air conditioning
units, and mechan i ca 1 equi pment shall be shielded and architecturally
screened from view from on-site parking areas, adjacent public streets,
and adjacent residentially zoned property.
U. Reciorocal inoress and eoress, circulation and parking arrangements shall
be required to facilitate the ease of vehicular and pedestrian movement
between adjoining properties.
V. Odor. No use sha 11 be permitted whi ch creates offens i ve odor in such
quantities as to be readily detectable beyond the boundaries of the site.
17.21.060 Accessorv structures
A. Accessory buildings and structures (attached or detached) shall meet all
of the requirements for location of the main structure as constructed or
required by the zone.
B. The Uniform Building Code shall govern the placement and fenci ng of
swimming pools, spas and ornamental pools.
17.21.070 Other structures
Porches, steps, architectural features, such as awnings, chimneys, balconies,
stairways, wing walls, or bay windows may project not more than four feet into
any required front or rear yard area, nor into any required side yard area more
than one-half of the required side yard.
17.21.080 Wall and fences.
A. In any requi red street setback area, view-obscuring fencing shall not
exceed 30 inches in height, except for retaining walls as approved through
the development review process.
B. In any required rear or interior side yard area, a wall or fence shall not
exceed six feet in height except as required by Section 17.25.080.E.
C. A wall or fence adjacent to a driveway or street providing vehicular
access to an abutting lot or street shall not exceed 30 inches in height
within 15 feet of the edges of the driveway and the street right-of-way
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Ordinance No. 372
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and/or shall comply with CalTran's design standards for sight visibility.
Corner cut-offs may be required for safety and visibility (See following
examples).
" SIGHT TRIANGLE
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SIOEW AU< I
D. Fiberglass sheeting, bamboo sheeting or other similar temporary material
shall not be permitted as a fencing material.
E. A wall or fence up to eight feet in height may be allowed by the Director
of Planning Services where necessary for noise attenuation from arterial
streets or other noise sources. The wall or fence shall be designed and
constructed in accordance with the objectives and policies of the General
Plan Community Design Element.
F. Where barbed wire strands, razor wire, or concertina wire (coiled barbed
wire) is placed at the top of a wall or fence, such materi a 1 shall
maintain a minimum vertical clearance of six feet above grade and shall be
maintained in a safe condition.
G. It is unlawful for an owner of a parcel of land within the City to keep
barbed wire or any other type of wire fencing in an unsafe, abandoned or
materially dangerous condition. Unmaintained wire fencing, including but
not 1 i mited to, barbed wire, razor wi re, and concertina wire (coiled
barbed wire), is declared to be public nuisance and shall be subject to
the nuisance abatement procedure, Chapter 8.72 of this code.
H. It is unlawful to place electrified fencing, razor or concertina wire on
the rooftop of any building.
JAN 1 9 1993 ITEM 4
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17.21.090 Sions.
A. One free-standing sign identifying the hospital campus may be maintained
at each entrance to a public street. No such sign may be higher than
eight feet, measured from adjacent grade, nor more than 65 square feet in
area.
B. In addition to entry identification signs permitted under 17.21.110,
additional directional signs may be provided as necessary to ensure safe
and efficient on- s ite circulation and appropriate identification of
emergency services.
17.21.100 Rezone restrictions.*
No property which was subject to Ordinance 283 shall be rezoned to any zone other
than PF, HC, OS-R or OS-RM, nor shall any amendment to this Title 17 of the Poway
Mun i c i pa 1 Code be adopted which would increase the residential density on
property so zoned or change the uses permitted thereon to allow commercial or
manufacturing uses until and unless such rezoning or amendment is approved by
ordinance adopted by the voters of the City at a special or general election, or
first approved by the Poway City Council and then adopted by the voters of the
City at a special or general election. Notwithstanding any provision of this
chapter, no use shall be permitted and no building permit shall be issued for any
use in violation of Ordinance No. 283.
Ed itor' s Note: Section 17.22.080 (for the Open Space zone on which the HC zone
is based) was added by Ord. 283 and was approved by the voters at a general
municipal election November 8, 1988. The language added shall not be modified
or rescinded without the approval of a simple majority of the City voting at a
special or general election.
Section 2:
Exi st i ng Chapter 17.22 O-S OPEN SPACE ZONE is hereby deleted in its
entirety.
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Section 3:
New Chapter 17.22, Public Facilities (PF), is added to read as follows:
Chaoter 17.22
PF PUBLIC FACILITIES ZONE
Sections:
17.22.010 Purposes.
17 .22.020 Permitted and conditional uses.
17.22.030 Accessory uses.
17.22.040 Temporary uses.
17.22.050 Property development standards.
17.22.060 General requirements.
17.22.070 Special requirements.
17.22.080 Performance standards.
17.22.090 Accessory structures.
17.22.100 Wall and fences.
17.22.110 Signs.
17.22.120 Rezone restrictions.
17.22.010 Purooses.
This zone is intended primarily for lands containing privately and publicly owned
facilities serving the needs of the general community. It is the intent that
this zone be applied to an entire parcel of land or to a portion of a parcel of
land, provided that the remainder of the parcel meets the area requirements for
which it is zoned.
17.22.020 Permitted and conditional uses.
The fo 11 owi ng uses shall be permi tted where the symbol" P" appears and shall be
permitted uses subject to a conditional use permit where the symbol "C" appears,
and shall be permitted uses subject to a minor conditional use permit where the
symbol "M" appears. Where the symbol "X" appears, the use is prohibited. Those
uses not listed are presumed to be prohibited. Section 17.02.040 of the Poway
Municipal Code exp 1 a ins the procedure for the City Counc il to clarify the
ambiguity of any development code provision.
A. Cemeteries, crematories, columbariums, and C
related facilities
B. Government office buildings including City Hall C
C. Churches and other religious institutions C
D. Corporation yards C
E. Fire stations C
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F. Museums C
G. Open air amphitheater C
H. Performing Arts Center C
I. Public buildings and grounds C
J. Public or private non-profit educational C
i nst itut ions
NOTE: Classroom facilities of the Poway Unified School District are not
bound by these regulations.
K. Public utility and public service substations,
reservoirs, pumping plants, and similar
installations, not including public utility offices C
L. Sale and consumption of alcoholic beverages M
only ancillary to other "P" or "C" use
M. Schools and school district headquarters C
N. Water treatment facility C
O. Other public facility uses that the City Council C
may determine to be similar in nature
17.22.030 Accessorv uses.
A. Accessory structures and uses located on the
same site as a permitted use P
B. Accessory structures and uses located on the
same site as a conditional use C
17.22.040 Temoorarv uses.
Temporary uses as prescribed in Chapter 17.26
upon issuance of a temporary use permit (TUP). TUP
17.22.050 Prooertv develooment standards.
The following regulations shall apply to the site of a permitted or conditional
use. The requi rements are minimum unl ess otherwi se stated. Wher~ a publ ic
facility land use is located on a portion of a larger parcel of land, the area
remaining within the larger parcel shall meet the minimum area requirement of the
underlying zone. Each building site shall have a minimum 20 foot wide vehicular
access to a public street.
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Ordinance No. 372
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17.22.060 General re~uirements.
Reouirement Number
A. Width of flag lots (in feet) 20
B. Front yard setback (in feet) 20
C. Side yard setback (in feet), each side 20
D. Side yard setback street side (in feet) 20
E. Rear yard setback (in feet) 20
F. Lot coverage, maximum lot coverage
shall include all buildings, structures,
accessory buildings and structures 30%
G. Maximum structure height 35 feet or two stories
whichever is less, or as
expressly authori zed pursuant
to an adopted specific plan or
as determi ned by 17.23.070 (K)
for architectural appurtenances
H. Off-street parking (See Chapter 17.42, to be
determined by City Council)
17.22.070 Soecial re~uirements.
A. A minimum building setback of 25 feet shall be required whenever a parcel
of land in the PF zone abuts a lot in any residential zone. The building
setback may be used for requ i red open off-street parking areas. The
building setback may be increased by the City Council in situations were
additional distance would hel p to mitigate or all evi ate potent i a 1
problems, hazards, or environmental concerns.
B. When any property in an PF zone abuts a property in a commercial or
manufacturing zone, the minimum side and rear yard setbacks may be reduced
at the d i scret i on of the City Council, and such reduct ion shall not
constitute a variance.
C. In the PF zone, new construction and reconstruction or rehabilitation of
existing buildings and/or sites shall be in accordance with the following
design criteria as applicable:
1. Develooment Plan. A deve 1 opment plan shall be prepared for the
entire site under consideration regardless of whether development is
contemplated in the near future. The purpose of the development plan
is to show conceptually, where buildings might be located and where
and how parking, on-site and off-site circulation will function.
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2. Site Develooment Standards. The site development standards shall be
consistent with the requirement of the PF zone as indicated in
Section 17.23.050 and herein. The standards shall be reminiscent and
reflective of the early farming and rural country character of Poway
and consistent with the Community Design Element of the General
Pl an. The site plan should use imaginative, creative, and
stimulating architectural design with special consideration given to
the provision of the following items where appropriate:
a. Low intensity lighting.
b. Generous landscaping.
c. Decorative paved walkways.
d. Basic design theme.
e. Separation of pedestrian and vehicular rights-of-way.
f. Architecturally integrated ground mounted equipment such as
trash receptacles and transformers.
g. Bus or transit shelters as determi ned by the Di rector of
Planning Services.
h. Adequate bicycle and motorcycle parking as determined by the
City Council.
i. Architectural compatibility with on-site and surrounding
structures.
D. All exteri or 1 i ght i ng shall be constructed in accordance with Sections
17.08.200(K), 17.10.150(H) and 17.12.150(F).
E. All development in the floodplain shall be in accordance with the National
Flood Insurance requirements and local ordinance.
F. A minimum of two toilets and one wash basin is required to be provided for
each gender for all buildings and facilities accessible by the public.
Additional toilets and wash basins are required for larger buildings and
facilities based on the number of people expected to use them.
G. Where a Public Facility zoned parcel fronts on more than one street, it
shall be considered to have multiple frontages and be required to meet the
front yard setback requirement on all street frontages.
H. Driveways in all public facility zones shall be constructed subject to the
following standards:
JAN 1 9 1993 ITEM 4
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Ordinance No. 372
Page 13
Maximum Maximum Minimum
Grade Break Slooe Surfacinq Width
8% 12% 6" P.C.C. or Min. lS16 ft
every 8% 3"~ A.C. on Max. 35 ft.
20 feet 4" c7. 2 base Fire access
Hl% (HliA. or as 44' - 10 ft. min.
taAgeflt leAgth approved by
15 feet) the City Engineer
I. Arch i tectura 1 aoourtenances such as clock towers and simil ar design
elements on or adjacent to public facility structures, may exceed the
maximum height of 35 feet. Proposals for such appurtenances, however,
shall be evaluated through the development review application process on
a case-by-case basis so that architectural compatibility and appropriate
building scale is achieved and maintained.
17.22.080 Performance standards.
A. Landscaoino. All development in the PF zones shall be 1 andscaped in
accordance with the City of Poway Landscape Guidelines.
B. Enerov Conservation. Buildings shall be located on the site to provi de
adjacent buildings adequate sunlight for solar access. All new
construction and remodeling shall be preplumbed for solar hot water
heating. Bu il di ngs shall be des igned to mi n imi ze energy consumption
requirements, i nc 1 udi ng, but not necessaril y 1 imi ted to, the fo 11 owi ng
conservation measures:
1. Cogeneration.
2. South-facing windows.
3. Eave coverage for windows.
4. Double glazed windows.
5. Earth berming against exterior walls.
6. Green houses.
7. Deciduous shade trees.
C. Where a pub 1 i c facil i ty 1 and use abuts property in any commerci a 1 or
manufacturing zone, fencing and/or walls may be required, as necessary, to
mitigate potential negative impacts to adjacent properties.
D. Wherever off-street oarkino areas are facing the front or side yard of
property in a res i dent i a 1 zone, a masonry wall or berm three feet in
height shall be erected in the 1 andscaped area between the required
landscape area and the parking area to adequately screen the parking areas
from the residential properties.
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Ordinance No. 372
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E. All utilitv connections shall be designed to coordinate with the
architectural elements of the site so as not to be exposed except where
necessary. Pad-mounted transformers and/or meter box locations shall be
included in the site plan with any appropriate screening treatment. All
new and existing utilities connections within the boundaries of the
project shall be placed underground. Transformers, terminal boxes, meter
cabinets, pedestals, concealed ducts, and other facilities may be placed
above ground but shall be screened from vi ew. The requi rement for
undergrounding existing utilities shall not apply to any overhead power
transmission lines in excess of 34.5KV and long distance and main trunk
communicat i on facil it ies. The requi rement for undergroundi ng exi sti ng
util ity connections may be waived or modified by the City Council in
accordance with criteria and provisions for such as adopted by resolution
of the City Council.
F. The noise level emanating 'from any new public facility land activity shall
not exceed 60 dBA CNEL, as the acceptable outdoor noise exposure level
when measured at the property line in accordance with Chapter 8.08 of the
Poway Municipal Code.
G. All around mounted mechanical eauioment, including heating and air
conditioning units, and trash receptacle areas, shall be screened from
surrounding properties by use of a wall or fence or shall be enclosed
within a building. Structural and design plans for any required screening
under the provisions of this section shall be approved by the Planning
Services Director.
H. All roof appurtenances including, but not limited to air conditioning
units, and mechanical equipment shall be shielded and architecturally
screened from view from on-site parking areas, adjacent public streets,
and adjacent residentially zoned property.
I. Reciorocal inoress and eoress, circulation and parking arrangements shall
be required to facilitate the ease of vehicular and pedestrian movement
between adjoining properties.
J. Odor. No use shall be permi tted whi ch creates offens i ve odor in such
quantities as to be readily detectable beyond the boundaries of the site.
K. In any PF zone, the regulations regarding nonconforming uses and
structures shall be in accordance with Chapter 17.44 of this code.
17.22.090 Accessorv structures.
A. Accessorv Bui 1 di nos and Structures. Accessory bui 1 di ngs and structures
(attached or detached) shall meet all of the requirements for location of
the ma i n structure as constructed or requi red by the zone, except as
herein provided. Where public facility uses abut any residential zone,
_ the following shall apply.
1. Accessory buildings or structures shall be allowed to encroach into
the required rear yard setback up to one-half of the distance.
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Ordinance No. 372
Page 15
2. An accessory structure shall meet the setback requirements of the
main building for the front and street side yard areas.
3. An accessory structure may be located within an interior side yard
or rear yard; provided, that such structure is located no closer
than ten feet to an interior side or rear lot line and is at least
ten feet from the main structure.
4. Swimmino Pools. The Uniform Building Code shall govern the
placement and fencing of swimming pools, spas and ornamental pools.
B. Canooies. Patios and Breezewavs. Canopies, patios, and breezeways
attached to the main building or connecting the main building with a
detached accessory building, may extend into a required rear or interior
side yard provided that portions of such structures extending into the
yard:
1. Shall not exceed 15 feet in height or project closer than five feet
to an interior side yard or closer than ten feet at the rear lot
1 ine.
2. Sha 11 be entirely open on at 1 east three sides for pat i os and
canopies except for necessary supporting columns. A roof connecting
a main building and an accessory building shall be open on two
sides.
C. Other Structures. Porches, steps, architectural features, such as eaves,
awnings, and chimneys, and balconies, stairways, wing wall s, or bay
windows may project not more than four feet into any requi red front or
rear yard area, nor into any required side yard area more than one-half of
the required side yard.
17.22.100 Wall and fences
A. In any required street setback area, view-obscuring fencing shall not
exceed 30 inches in height, except for retaining walls as approved through
the development review process.
B. In any required rear or interior side yard area, a wall or fence shall not
exceed six feet in height except as required by Section 17.20.100.E.
C. A wall or fence adjacent to a driveway or street providing vehicular
access to an abutting lot or street shall not exceed 30 inches in height
within 15 feet of the edges of the driveway and the street right-of-way
and/or shall comply with CalTrans's design standards for sight visibility.
Corner cut-offs may be required for safety and visibility (see following
examples) .
16 of 35 J.l\N 1 9 1993 ITEM 4
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Ordinance No. 372
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" SIGHT TRIANGLE
" -'-15'
, .
15'
~...... : .
l; -'
~>~<"< ..
',,'
- . ".-.:.'-~'" ,.;: "'7 ~. -' ":'-';.'. ....,;.. "'=.'....
~. .. .~'~fi~:.~ ;~jf;<'("~::".' ~:~. - :':~::.'-:
.. ,';'-." .....
D. Fiberglass sheeting, bamboo sheeting or other similar temporary material
shall not be permitted as a fencing material in any PF zone.
E. Where a Public Facilities land use abuts property in any residential zone,
a masonry wall up to eight fee in height from the highest finished grade
at the property line shall be erected and maintained between such uses and
the residential zone. Where the adjacent grade of the abutting
residential property is four feet or more lower or higher than the project
site, the masonry wall shall be a minimum of six feet in height. Openings
sha 11 be provided in the wall as appropri ate to encourage pedestri an
access.
Other types of fences, such as framed stucco walls, may be permitted in
lieu of a masonry wall upon determination by the City Council that the
subst ituted wall is compat i bl e with the proposed project, surroundi ng
property uses, and the noise level requirements herein. No walls are
required in front or street side yards unless needed for noise attenuation
and/or privacy. In addition, 15 gallon trees, 20 feet on-center, and
shrubbery shall be installed and maintained along the inside of the wall
in a five-foot wide, raised landscaped planter to provide a dense
landscape screen.
F. A wall or fence up to eight feet in height may be allowed by the Director
of Planning Services where necessary for noise attenuation from arterial
streets or other noise sources. The wall or fence shall be designed and
constructed in accordance with the objectives and policies of the General
Plan Community Design Element.
G. Where barbed wire strands are placed at the top of a wall or fence, such
material shall maintain a minimum vertical clearance of six feet above
grade and shall be maintained in a safe condition.
JAN 1 9 1993 ITEM 4
17 of 35
Ordinance No. 372
Page 17
H. It is unlawful for an owner of a parcel of land within the City to keep
barbed wire or any other type of wire fencing in an unsafe, abandoned or
materially dangerous condition. Unmaintained wire fencing, including but
not 1 imited to, barbed wi re, razor wi re, and concert i na wi re (coil ed
barbed wire), is declared to be public nuisance and shall be subject to
the nuisance abatement procedure, Chapter 8.72 of this code. Razor wire
and concertina wire (coiled wire) are prohibited.
I. It is unlawful to place electrified fencing, razor, or concertina wire on
the rooftop of any building.
17.22.110 Sions.
No sign or outdoor advert is i ng structures shall be permi tted in any PF zone
except as provided in Chapter 17.40.
17.22.120 Rezone restrictions.*
No property which was subject to Ordinance 283 shall be rezoned to any zone other
than OS-R, HC or OS~RM, nor shall any amendment to this Title 17 of the Poway
Municipal Code be adopted wh i ch would increase the res i dent i a 1 dens i ty on
property so zoned or change the uses permitted thereon to allow commercial or
manufacturing uses until and unless such rezoning or amendment is approved by
ordinance adopted by the voters of the City at a special or general election, or
first approved by the Poway City Council and then adopted by the voters of the
City at a special or general election.
*Editor's Note: Section 17.22.080 (for the Open Space zone on which the PF zone
is based) was added by Ord. 283 and was approved by the voters at a general
municipal election November 8, 1988. The language added shall not be modified or
resc i nded without the approval of a simple majority of the City voting at a
special or general election.
18 of 35 JAN 1 9 1993 ITEM 4
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Ordinance No. 372
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Section 4:
Chapter 17.24 OS-R OPEN SPACE-RECREATION ZONE is renumbered to be Chapter
17.23 and amended as follows:
Chaoter 17.~23
OS-R OPEN SPACE - RECREATION ZONE
17.l4.23.010 Purooses.
A. This zone is intended primarily fer privately e~:Ae~ laA~s that pFe~i~e a
raA~e ef for low-intensity active-recreational and ancillary commercial
needs eppertijRities ;JithiR the eeHlHlijAity. which could be compatible with
residential land uses. These active-recreational opportunities are meant
to serve the recreat i ona 1 and soc i a 1 interact i on needs of the City
residents of all ages, economic situations, and physical conditions. -A
liHlites RijHll3er ef Publicly-owned lands, such as parks, may also be
included in this zone subject to approval by the City. Only those
additional uses are permitted that are complementary to, and can exist in
harmony wi th, the Open Space-Recreation 1 and use and surroundi ng 1 ands
uses. The miAiRH:HA pareel size is t'.:8 ~Fass aeres, aAeI It is the intent
that this zone be applied to an entire parcel of land or to a portion of
a parcel of land, provided that the remainder of the parcel meets the area
requirements for which it is zoned.
B. In addition to the objectives outlined in Section 17.02.010 (Purpose and
Scope), the open space-recreation zone is included in the zoning
regulations to achieve the following purposes:
1. Ie preserve epeA spaee fer thc eaAservatiaA af Aatijral reSeijFees.
1.-2-:- MaiAtaiA the 'Aatijral' eharaeter af tf::1e laRa '.Jf::1ile Provid~g for
compatible SA site recreational uses.
2.3-.- Provide public or private eSHlmercial active-recreation uses and
activities on either pij131icly er pri~ately SWRes land within the
community.
3.~ Promote land use compatibility with existing or planned residential,
commercial, manufacturing, and open space land uses which surround
the OS-R zone activity or land use.
4.~ Encourage in-fill active-recreation land uses which provide a range
of opportunities within the community that service the recreational
and social interaction needs of City residents of all ages, economic
situations, and physical conditions.
6. Pra~iele fer tAc ceAservatiaA aRd preservatieR af eAvireAmeAtally
si~AifieaAt physical aRs cijltijral reseijrces.
19 of 35 JAN 1 9 1993 ITEM 4
Ordinance No. 372
Page 19
S.h Provide for recreational opportunities within planned communities
and planned residential developments.
6.3-:- Provide for associated building construction and development which
is architecturally compatible and sensitive to existing and planned
land uses on the same parcel of land and on surrounding properties.
17.~.23.020 Permitted and conditional uses.
The following uses shall be permitted where the symbol "P" appears and shall be
permitted uses subject to a conditional use permit where the symbol "C" appears,
and shall be permitted uses subject to a minor conditional use permit where the
symbol "M" appears. Where the symbol "X" appears, the use is prohibited. Those
uses not listed are presumed to be prohibited. The procedure for clarification
of ambiguity of any development code provision by the City Council is explained
by Section 17.02.040.
A.-l Art galleries (enclosed or open-air) C
B. Baseba77 fields C
C.2- Batting cages as accessory use M G
D.3- Botanical and zoological gardens C
1. Cemeteries, eremateries, eel HmeafiHffls, aRe
relates faeilities C
E.ft Churches and other religious institutions C
F.e Club houses and pro shops associated with C
public and private golf courses
GJ Country clubs C
H.B Driving range, with or without associated
golf course (public and private) C
1.9 Eighteen-hole Golf courses (private and public) C
J..w Freestyle/motocross (nonmotorized) bicycle
courses C
11. Ce cart trael(s C
12. lIes~ ita 1 s C
13. lee sltatiAg riAIc C
11. Kissic ~ai"\(s C
K.l& Lawn bowling (public or private) P
20 of 35 JAN 1 9 1993 ITEM 4
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L.~ Museums C
17. Meterize~ ~ehiele parll (seale ffie~el CraA~ Prix) (
18. NiAe hale exeeHtive galf eeHrse (~rivate) (
19. g~eA air amphitheater (
H.~ Par or running course P
N. Private picnic grounds C
O.~ Public parks, buildings and grounds C
23. PHslie aF pri1ate ABA prBfit eSHeatiaAal
iAstitHtieAs (
P.~ Racquetball/handball court C
Q.~ Riding academies and stables public
and private) C
R. Restaurant C
S.~ Riding and hiking staging areas/rest areas C
T.2:+ Rodeo arena C
28. Reller skatiRg riAll (
U.~ Sale and consumption of alcoholic beverages
only ancillary to other P or C use H
V.3{l Skateboard parks C
W.3+ Soccer park (public and private) C
32. S~arts ~arll, iRelHaiAg ~Ht Aet limite~
ta the fel18~JiAg laRcl Hses: (
a. BattiA~ cage
B. griviA~ FaRge
e. MiRiatHre galf caHrse
8. Rae~uetBall/haA8Ball eeurt
e. TeRRis eel::lrts
f. Meterize~ ~:atereraft
~. Arca~e/game ream
X.a3 Swim clubs (public and private) C
Y.34 Tennis courts (public and private) C
35. ~ater theme ~arll, iRelHaiRg ~Ht Ret
21 of 35 JAN 1 9 1993 ITEM 4
Ordinance No. 372
Page 21
liffiitecl te the f811e~:iA~ laA~ ~ses: C
a. \:ave teeh peel
B. ',.,'ater s 1 i aes
e. '.~aElill!j peel
El. PicRic area (~ijBl;e aRe ~rivatc)
Z. Other open space-recreational uses that the City
Council may determine to be similar in nature C
17.~.23.030 Accessorv uses.
A.-l Accessory structures and uses located on the P
same site as a permitted use
8.:e Accessory structures and uses located on the C
same site as a conditional use
17.~.23.040 Temoorarv uses.
Temporary uses as prescribed in Chapter TUPf
17.26 upon issuance of a temporary use
permit (rUP).
17.~.23.050 Prooertv develooment standards.
The following regulations shall apply to the site of a permitted or conditional
use. The requirements are minimum unless otherwise stated. Ne bl:tilEliA!j pel"Hlit
shall ~e issHea fer aM ~areel haviAg a let area of less thaA t~'e grass acres.
Where an Open Space- Recreation land use is located on a portion of a larger
parcel of 1 and, the area remaining within the larger parcel shall meet the
minimum area requirement of the underlying zone. Each building site shall have
a minimum 20 foot wide vehicular access to a public street.
17.~.23.060 General reauirements.
Reouirement Number
A.-l Density, maximum living units per site,
to be utilized for on-site caretaker
housing purposes 1
2. MiAiffiHffl ~r8ss acreage af site 2
3. Let ~iElth (ill feet) 359
8.4 Width of flag lots (in feet) 20
3. Let depth (iA feet) 100
(~IOTE: 359 feet by 250 feet 87,500 s~l:tal"e feet 2 ~ross aeres. ~:here
Cl:Il Sf sac: 8f ess, irre!jl:tlar shapes panels are eOAcerAea, the City
22 of 35 JAN 1 9 1993 'ITEM 4
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Ordinance No. 372
Page 22
Ce1::lReil shall aetefmi Re uhether the ~afee 1 eimeRsisRS afe apprspriate,
fJre':iaea that iR tetal, the pafeel eSRtaiFls a miRilftbllft af b.-a ~lA8SS aefes.)
C.~ Front yard setback (in feet) 20
0.7 Side yard setback (in feet), each side 20/20
[,8 Side yard setback, street side (in feet) 20
F.9 Rear yard setback (in feet) 20
G.M Lot coverage, maximum lot coverage shall 30%
include all buildings,structures, accessory
buildings and structures
H.H Maximum structure height 35 feet or 2 stories,
whichever is less, or as
expressly authorized pursuant
to an adopted specific plan or
as determined by 17.23.070 (K)
for archi tectura I appurtenances
I.R Off-street parking (See Chapter 17.42, to be
determined by the City Council)
17.~.23.070 Soecial reouirements.
A. In any OS-R zone, a minimum building setback of 25 feet shall be required
whenever a parcel of land in the OS-R zone abuts a lot in any residential
zone. The setback area may be used for required open off-street parking
areas. The building setback may be increased by the City Council in
situations were additional distance would help to mitigate or alleviate
potential problems, hazards, or environmental concerns.
B. When any property in an OS-R zone abuts a property in a commerci a 1 or
manufacturing zone, the minimum side and rear yard setbacks may be reduced
at the discretion of the City Council, and such reduct i on shall not
constitute a variance.
C. In the OS-R zone, new construction and reconstruction or rehabilitation of
existing buildings and/or sites shall be in accordance with the following
design criteria:
1. Develooment Plan. A development plan shall be prepared for the
entire site under consideration regardless whether development is
contemplated in the near future. The purpose of the development plan
is to show conceptually, where buildings might be located and where
and how parking, on-site and off-site circulation will function.
2. Site Develooment Standards. The site development standards shall be
consistent with the requirement of the OS-R zone as indicated in
Section 17.~.23.050 and herein. The standards shall be reminiscent
23 of 35 J.l\N 1 9 1993 ITEM 4
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Ordinance No. 372
Page 23
and reflective of the early farming and rural country character of
Poway and cons i stent wi th the Community Design Element of the
General Plan. The site plan should use imaginative, creative, and
stimulating architectural design with special consideration given to
the provision of the following items where appropriate:
a. Low intensity lighting.
b. Peaestriall eeHlfert statiells. Restrooms and benches.
c. Generous landscaping.
d. Decorative paved walkways.
e. Basic design theme.
f. Separation of pedestrian and vehicular rights-of-
way.
g. Architecturally integrated ground mounted equipment such as
trash receptacles and transformers.
h. Bus or transit shelter as determined by the Di rector of
Planning Services.
i. Adequate bicycle and motorcycle parking as determined by the
City Counci 1.
j. Architectural compatibility with on-site and surrounding
structures.
k. Children's play area with appropriate adult supervision.
l. A park-like 1 andscaped quiet area for passive and famil y
picnic area.
D. All exteri or 1 i ght i ng shall be constructed in accordance with Sect ions
17.08.200(K), 17.10.150(H) and 17.12.150(F).
E. All development in the floodplain shall be in accordance with the National
Flood Insurance requirements and local ordinance.
F. A minimum of two toilets and one wash basin is required to be provided for
each gender for all buildings and facilities accessible by the public.
Additional toilets and wash basins are required for larger buildings and
facilities based on the number of people expected to use them.
G. Hours of ooeration of any land use or activity located in any OS-R zone
shall be restricted to between 8:99 a.HI. sunrise to 10:00 p.m. weekdays,
weekends, and holidays. Any exceptions to these time limits with regard to
special events shall be subject to a temporary use permit granted by the
City Counc il .
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Ordinance No. 372
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H. All gambl ing and the sale and consumption of illegal drugs on-site is
strictly prohibited. The sale and consumption of alcoholic beverages shall
be prohibited except as permitted by conditional use permit.
I. Where an open space-recreat i on zoned parcel fronts on more than one
street, it shall be considered to have multiple frontages and be required
to meet the front yard setback requirement on all street frontages.
J. Drivewavs in all open space-recreation zones shall be constructed subject
to the following standards:
Maximum Maximum Minimum
Grade Break Slooe Surfacina Width
8% 12% 6" P.C.C. or Min.l&16 ft
every 8% 3"2J!. A.C. on Max. 35ft.
20 feet 4" c7. 2 base Fire access
lQ% (Hlill. or as 44' - 10 ft. min.
taA~eAt leA~th approved by
15 feet) the City Engineer
K. Architectural aoourtenances to churches and other religious institutions
involving a steeple, or cross, or the combination thereof, and clock
towers and similar design elements on eBHlmereial open space-recreation
structures, may exceed the maximum height of 35 feet. Proposals for such
appurtenances, however, shall be evaluated through the development review
application process on a case-by-case basis so that architectural
compatibility and appropriate building scale is achieved and maintained.
17.l4.23.080 Performance standards.
A. Landscaoina. In all OS-R zones, required front and street side yards
shall be landscaped. TRB laAeseapill~ sRall eBllsist preeBHlillalltly ef plallt
~aterials enee)3t fer AeeessarY ~ia ll(s aile Etrives. All )31aAtiR~ aAEt
irr;~at;aA shall l3e in accordance with the C i ty-4 of Poway Landscape
Guidelines MaAt::Ial. ,^.ll reEll::Jire8 1 aA8Sea)3; fig shall l3e )3eY-"maAeRtly
ma;Rta;Re8 iA a healthy aAet tAY-"iviA~ eeA8;tisA, free frsm ~Jeeets, trash,
aAe aesr;s. ~ m;Aiffil::Jm af S9 trees )3er Ret acre shall Be reElt::iireet as )3art
ef the 1 aRSSea)3 i fig reEl1::J; remeflt; 29 )3ereeflt shall se 21 ; ReA l3ex s; ze ar
lar~er, 79 )3eFeeflt shall se IS ~alleR size afl8 teA )3ereeflt shall be five
gallsfl size.
B. Enerov Conservation. Buildings shall be located on the site to provide
adjacent buildings adequate sunlight for solar access. All new
construction and remodeling shall be preplumbed for solar hot water
heating. Buildings shall be designed to minimize energy consumption
requirements, including, but not necessarily 1 imited to, the following
conservation measures:
1. Cogeneration.
25 of 35 JAN 1 9 1993 ITEM 4
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Ordinance No. 372
Page 25
2. South facing windows.
3. Eave coverage for windows.
4. Double glazed windows.
5. Earth berming against exterior walls.
6. Green houses.
7. Deciduous shade trees.
C. 1. llhere all e~ef1 space reereatieA 1.aAs l::Jse aBHts J3peJ3erty iR aAY
resiaeAtial Z8Ae, a masBflry ....all ts e;~Rt feet ifl Ae;~Rt fram the
highest fillishee! grae!e at the ~re~erty 1 ille shall Be ereetee! aile!
ma i Ata i flea l3et~:eeA Sl::teA lises aAe the res i deAt i a 1 Z8Ae. ',Ihere the
aajaeeAt ~rade 8f the aBl::Jtt;A~ resiacAtial )3reperty is fSHF feet SF
mere le',o'er Sf' Ai ~Rer thaR the project site, tRE mas8Ary ~~a 11 sha 11
Be a miAiml::JFA af six feet ;A Rei~Rt.
2. Frames stl:Jeee ',:a 11 s, may Be perM; ties ; A 1 i et:l af a mas8Ary ~Ja 11 l::.IJ38R
aetermiAatisfl by the City CeHllei 1 that the Sl:JBst; tl:JteeJ '.~a 11 is
eem)3atil31e ~JitR tRe )3rep8Sea prajeet, Sl::Jrr8l::1A8iA~ pre)3erty l::Ises, aRe
the Reise level re~l::IireFAeAts hereiA. Ne ~:alls are re~l:Jirea iA freAt
SF street slae yares l::IRless Aeeaea fer Reise atteRl::tati8R aRs/aF
fJrivaey. IA aeetitisR, 15 ~alleR trees, 29 feet ell cCRter, . aRe
shrHssery shall Be illstallee! aRe! HlailltaiRee! alellg the illsie!e ef the
\/all iA a five feet ',:iEJe, raisee! laRe!sca~ee! ~lallter te ~revie!e a
seAse laA8sea~e sereeA.
Ge. Where an open space-recreation land use abuts property in any commercial
or manufacturing zone, fencing and/or walls may be required, as necessary,
to mitigate potential negative impacts to adjacent properties.
ED. Wherever off-street oarkino areas are facing the front or side yard of
property in a residential zone, a masonry wall or berm three feet in
height shall be erected in the landscaped area between the required
landscape area and the parking area to adequately screen the parking areas
from the residential properties.
fE. All utilitv connections shall be designed to coordinate with the
architectural elements of the site so as not to be exposed except where
necessary. Pad-mounted transformers and/or meter box locations shall be
included in the site plan with any appropriate screening treatment. All
new and existing util ities connections within the boundaries of the
project shall be placed underground. Transformers, terminal boxes, meter
cabinets, pedestals, concealed ducts, and other facilities may be placed
above ground but sha77 be screened from view. The requirement for
undergrounding existing utilities shall not apply to any overhead power
transmission lines in excess of 34.5KV and long distance and main trunk
communication facil ities. The requirement for undergrounding existing
ut i 1 ity connect ions may be wa i ved or mod i fi ed by the City Counc il in
26 of 35 JAN 1 9 1993 .1l:.lwi 4
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Ordinance No. 372
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accordance with criteria and provisions for such as adopted by resolution
of the City Council.
GF. The noise level emanating from any new Open Space-Recreation +aM activity
shall not exceed 60 dBA CNEL, as the acceptable outdoor noise exposure
level when measured at the property line in accordance with Chapter 8.08
of the Poway Municipal Code.
HG. All around mounted mechanical eouioment, including heating and air
conditioning units, and trash receptacle areas, shall be screened from
surrounding properties by use of a wall or fence or shall be enclosed
within a building. Structural and design plans for any required screening
under the provisions of this section shall be approved by the Planning
Services Director.
fH. All roof aoourtenances i ncl udi ng, but not limited to air conditioning
un its, and mechan i ca 1 equ i pment shall be shielded and architecturally
screened from view from on-site parking areas, adjacent public streets,
and adjacent residentially zoned property.
J1. Reciorocal inoress and eoress, circulation and parking arrangements shall
be required to facilitate the ease of vehicular and pedestrian movement
between adjoining properties.
~. Odor. No use shall be permitted which creates offensive odor in such
quantities as to be readily detectable beyond the boundaries of the site.
kK. In any OS-R zone, the regulations regarding nonconforming uses and
structures shall be in accordance with Chapter 17.44 of this code.
H. ReefeatisA vehiele l3afldR~ afeas shall Be I3fsviaea, fl:illy sefeeRea ffam
vie',J BY' the E.teve18)3meRt sAall )3r8AiBit all )3arlliFl~ sf recY'eatieA vehieles.
17.24.23.090 Accessorv structures.
A. Accessorv Buildinas and Structures. Accessory buildings and structures
(attached or detached) shall meet all of the requirements for location of
the main structure as constructed or required by the zone, except as
herein provided. Where Open Space-Recreation uses abut any residential
zone, the following shall apply:
1. Accessory buildings or structures that al'e attaehea te the Hlaill
BlIilaill~ shall be allowed to encroach into the required rear yard
setback up to one-half of the distance.
2. An aetaehea accessory structure shall meet the setback requirements
of the main building for the front and street side yard areas.
3. An aetaehea accessory structure may be located within an interior
side yard or rear yard; provided, that such structure is located no
closer than five feet to an interior side or rear lot line and is at
least ten feet from the main structure.
27 of 35 JAN 1 9 1993 ITEM 4
Ordinance No. 372
Page 27
4. Swimmina Pools. The Uniform Building Code shall govern the
placement and fencing of swimming pools, spas and ornamental ponds.
S~;immi A~ 13881 s aAei spas SAa 11 Be 1 scates a fA; Ai FRblRl af three feet
'rem thE maiA strijetijre exterisr SF iAterier ~:alls aAcl shall camply
~JitA all feReiA~ re~~iremeAts af this ee~e.
B. Canooies. Patios and Breezeways. Canopies, patios, and breezeways attached
to the main building or connecting the main building with a detached
accessory building, may extend into a required rear or interior side yard
provided that portions of such structures extending into the yard:
1. Shall not exceed 15 feet in height or project closer than five feet
to an interior side yard or closer than ten feet at the rear lot
line.
2. Sha 11 be ent i re 1 y open on at 1 east three sides for pat i os and
canopies except for necessary supporting columns. A roof connecting
a main building and an accessory building shall be open on two
sides.
C. Other Structures. Porches, steps, architectural features, such as eaves,
awnings, and chimneys, and balconies, stairways, wing walls, or bay
windows may project not more than four feet into any required front or
rear yard area, nor into any required side yard area more than one-half of
the required side yard. .
17.21.119.23.100 Wall and fences.
A. In any required street setback area, view obscuring fencing shall not
exceed 30 inches in height, except for retaining walls as approved through
the development review process.
B. In any required rear or interior side yard area, a wall or fence shall not
exceed six feet in height except as required by Section 17.23.100.E.
C. A wall or fence adjacent to a driveway or street providing vehicular
access to an abutting lot or street shall not exceed three feet in height
withi n 15 feet of the intersection of the dri veway and the street
right-of-way and/or shall comply with CalTran's design standards for sight
visibility. Corner cut-offs may be required for safety and visibility (See
following examples).
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Ordinance No. 372
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D. Fiberglass sheeting, bamboo sheeting or other similar temporary material
shall not be permitted as a fencing material in any OS-R zone.
E. Where an open space-recreation land use abuts property in any residential
zone, a masonry wall up to eight feet in height from the highest finished.
grade at the property line shall be erected and maintained between such
uses and the residential zone. Where the adjacent grade of the abutting
residential property is four feet or more lower or higher than the project
site, the masonry wa11 sha11 be a minimum of six feet in he.ight. Openings
sha 11 be provided in the wa 11 as appropriate to encourage pedestrian
access.
Other types of fences, such as framed stucco walls, may be permitted in
lieu of a masonry wall upon determination by the City Council that the
substi tuted wa 11 is compatible with the proposed project, surrounding
property uses, and the noise level requirements herein. No wa11s are
required in front or street side yards unless needed for noise attenuation
and/or privacy. In addition, 15 ga110n trees, 20 feet on- center, and
shrubbery shall be installed and maintained along the inside of the wall
in a five-foot wide, raised landscaped planter to provide a dense
landscape screen.
fF. A wall or fence up to eight feet in height may be allowed by the Director
of Planning Services where necessary for noise attenuation from arterial
streets or other noise sources. The wall or fence shall be designed and
constructed in accordance with the objectives and policies of the General
Plan Community Design Element. Oejeetive 10 ERtry aRe E)(ter;er ',Jalls).
FG. Where barbed wire strands, razer ~JiFe, sr eSRcertiRa ~iFe (eeilea bar~ea
\Jire) is are placed at the top of a wall or fence, such material shall
maintain a minimum vertical clearance of six feet above grade and shall be
maintained in a safe condition.
GH. It is unlawful for an owner of a parcel of land within the City to keep
barbed wire or any other type of wire fencing in an unsafe, abandoned or
materially dangerous condition. Unmaintained wire fencing, including but
not 1 imited to, barbed wi re, razor wi re, and concert i na wi re (coil ed
barbed wire), is declared to be public nuisance and shall be subject to
the nuisance abatement procedure, Chapter 8.72 of this code. Razor wi re
and concertina wire (coiled barbed wire) are prohibited.
HI. It is unlawful to place electrified fencing, razor or concertina wire on
the rooftop of any building.
17.21.120.23.110 Sions.
No sign or outdoor advertising structures shall be permitted in any OS-R zone
except as provided in Chapter 17.40.
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Ordinance No. 372
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17.21.199.23.120 Rezone restrictions.*
III 6YSey te pyeseyve epell spaee ill tAe e6H1m~llity, No property which was subject
to Ordinance 283 Z61leS t6 OS R shall be rezoned to any zone other than G-5 PF,
He, OS-R, or OS-RM nor shall any amendment to thi s Ti tl e 17 of the Poway
Municipal Code be adopted wh i ch wou 1 d increase the residential density on
property so zoned or change the uses permitted thereon to allow commercial or
manufacturing uses until and unless such rezoning or amendment is approved by
ordinance adopted by the voters of the City at a special or general election, or
first approved by the Poway City Council and then adopted by the voters of the
City at a special or general election.
*Editor's Note: Section 17.23.120 was added by Ord. 283 and was approved by the
voters at a general municipal election November 8, 1988. The language added
shall not be modified or rescinded without the approval of a simple majority of
the City voting at a special or general election.
30 of 35 JAN 1 9 1993 ITEM 4
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Ordinance No. 372
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Section 5: Chapter 17.24, Open Space-Resource Management (OS-RM), is added to
read as follows:
Chaoter 17.24
OS-RM OPEN SPACE-RESOURCE MANAGEMENT
Sections:
17.24.010 Purposes.
17.24.020 Permitted and conditional uses--OS-RM zone.
17.24.030 Accessory uses.
17.24.040 Temporary uses.
17.24.050 Property development standards--OS-RM zone.
17.24.060 General requirements.
17.24.070 Special requirements.
17.24.080 Performance standards--OS-RM zone.
17.24.090 Accessory structures--OS-RM zone.
17.24.100 Rezone restrictions.
17.24.110 Walls and fences.
17.24.120 Signs--OS-RM zone.
- 17.24.010 Purooses.
A. Thi s zone is intended for lands where valuable natural resources are
located. The mountainous areas, prominent ridges, riparian areas,
wildlife corridors, areas of high biological value, areas with geologic
hazards, and areas with valuable historic and prehistoric resources are
included within this zone. Limited activity, involving minimal
disturbance of the existing terrain and habitat, may be allowed on lands
carrying this zone with the approval of the City Council.
B. In addition to the objectives outline in Section 17.02.010, the open
space-resource management zone is included in the zoning regulations to
achieve the following purposes:
1. To preserve open space for the conservation of natural and cultural
resources and to maintain the natural character of the land.
2. Provi de for the conservation and preservat i on of envi ronmenta 11 y
significant physical and cultural resources, including designated
mitigation sites.
3. Conserve areas of historic and commun ity significance for the
enjoyment of future generations.
17.24.020 Permitted and conditional uses.
- The following uses shall be permitted where the symbol "P" appears, shall be
permitted uses subject to a conditional use permit where the symbol "C" appears,
and shall be permitted uses subject to a minor conditional use permit where the
symbol "M" appears. Where the symbol "X" appears, the uses are prohibited. Those
31 of 35 JAN 1 9 1993 ITEM 4
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Ordinance No. 372
Page 31
uses not listed are presumed to be prohibited. The procedure for clarification
of ambiguity of any development code provision by the City Council is explained
by Section 11.02.040.
l. Botanical and zoological gardens C
2. Ranger stations, interpretive centers C
3. Historical landmarks P
4. Historical structures P
5. Keeping of beehives M
6. National and State parks P
7. Public utility installations C
8. Riding and hiking trails P
9. Wilderness camping areas C
10. Wildlife preserves and sanctuaries P
17.24.030 Accessory uses.
1. Accessory structures and uses located on the P
same site as a permitted use
2. Accessory structures and uses located on the M
same site as a conditional use
3. Limited complementary uses such as tot lots and M
restrooms
17.24.040 Temoorarv uses.
Temporary uses as prescribed in Chapter 17.26 TUP
upon issuance of a temporary use permit (TUP).
17.24.050 Prooerty develooment standards.
The following regulations shall apply to the site of a permitted or conditional
use. The requirements are minimum unless otherwise stated. No building permit
shall be issued except for minor construction and rehabilitation or restoration
of existing historical structures.
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Ordinance No. 372
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17.24.060 General reauirements.
Building and structure height 35 feet or two stories, whichever is
(maximum in feet) whichever is less, or as expressly
authorized pursuant to an adopted
specific plan; Sec. 17.23.070(K) for
architectural appurtenances
17.24.070 Soecial reauirements.
C. In the OS-RM zone, minor construction and reconstruction or rehabilitation
of existing historical buildings, structures and/or sites shall be in
accordance with the following design criteria:
1. Reconstruction/Minor Construction Plan. A reconstruction/minor
construction plan shall be prepared for the entire site under
consideration. The purpose of the development plan is to show
where minor, new buildings (such as ranger stations, interpretive
centers) and existing historic buildings might be/are located and
where and how parking, on-site and off-site circulation will
function. Minimal disturbance of the existing terrain and habitat
is to occur. Previously approved mitigation sites, biological open
space easements (public or private) must also be delineated on the
development plan, restricted from any uses and properly managed. A
long-term management plan for these areas must also be submitted for
review and approval by the city and appropriate agencies.
2. Site Develooment Standards. The site development standards shall be
consistent with the requirement of the OS-RM zone as indicated in
Section 17.24.050 and herein. The standards shall be reminiscent and
reflective of the time period when the structure was constructed for
reconstruction, compatible with the surroundings for minor
construction, and consistent with the Community Design Element of
the General Plan. The site plan should use imaginative, creative,
and historic architectural design with special consideration given
to the provision of the following items where appropriate:
a. Low intensity lighting.
b. Landscaping with native plant species.
c. Historic design theme.
17.24.080 Performance standards.
In any OS-RM zone, the regulations regarding nonconforming uses and structures
shall be in accordance with Chapter 17.44 of this code.
- 17.24.090 Accessorv structures.
None.
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Ordinance No. 372
Page 33
17.24.100 Wall and fences.
A. Fiberglass sheeting, bamboo sheeting or other similar temporary material
shall not be permitted as a fencing material in any OS-RM zone. Chain
link fencing or suitable alternative may be allowed to preserve areas with
archaeological, historic, botanical or geological significance.
B. Where barbed wire strands are placed at the top of a wall or fence, such
material shall maintain a minimum vertical clearance of six feet above
grade and shall be maintained in a safe condition.
C. It is unlawful for an owner of a parcel of land within the City to keep
barbed wire or any other type of wire fencing in an unsafe, abandoned or
materially dangerous condition. Unmaintained wire fencing, e.g. barbed
wi re, is decl ared to be publ i c nui sance and shall be subject to the
nuisance abatement procedure, Chapter 8.72 of this code. Razor wire and
concertina wire (coiled barbed wire) are prohibited.
D. It is unlawful to place ,or maintain, electrified fencing, razor or
concertina wire on the rooftop of any building.
17.24.110 Sians.
No sign or outdoor advertising structures shall be permitted in any OS-RM zone
except as provided in Chapter 17.40.
17.24.120 Rezone restrictions.
No property which was subject to Ordinance 283 shall be rezoned to any zone
other than PF, HC, OS-R or OS-RM nor shall any amendment to this Title 17 of the
Poway Municipal Code be adopted which would increase the residential density on
property so zoned or change the uses permitted thereon to allow commercial or
manufacturing uses until and unless such rezoning or amendment is approved by
ordinance adopted by the voters of the City at a special or general election, or
first approved by the Poway City Council and then adopted by the voters of the
City at a special or general election.
Editor's Note: Section 17.22.080 (for the Open Space zone on which the OS-RM zone
is based) was added by Ord. 283 and was approved by the voters at a general
municipal election November 8, 1988. The language added shall not be modified or
rescinded without the approval of a simple majority of the City voting at a
special or general election.
This ordinance shall take effect and be in force thirty (30) days after the
date of its passage; and before the expiration of fifteen (15) days after its
passage, it shall be published once with the names and members voting for and
against the same in the Poway News Chieftain, a newspaper of general circulation
published in the City of Poway.
34 of 35 JAN 1 9 1993 ITEM 4
Ordinance No. 372
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Introduced and first read at a regular meeting of the City Council of the
City of Poway held the 12th day of January, 1993 and thereafter passed and
adopted at a regular meeting of said City Council held the 19th day of January,
1993 by the following roll call vote:
AYES;
NOES:
ABSTAIN:
ABSENT:
Don Higginson, Mayor
ATTEST:
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Marjorie K. Wahlsten, City Clerk
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