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Ord 113ORDINANCE NO. 113 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA REPEALING CERTAIN SECTIONS OF THE POWAY ZONING ORDINANCE, ADDING PART TWO: THE ZONING DEVELOPMENT CODE OF THE COMPREHENSIVE PLAN AND DESIGNATING SPECIFIC LOCATIONS WITHIN THE ZONING DEVELOPMENT CODE FOR ORDINANCES 44, 82, 99, AND 100. WHEREAS, the City Council has certified the Environmental Impact Report for the Comprehensive Plan on September 20, 1983, and; WHEREAS, the City Council has adopted Part One of the Comprehensive Plan, i.e. the General Plan for the City of Poway on September 20, 1983, and; Whereas, the City Council has held public hearings on July 5, July 19, August 11, August 16, August 23, September 6, September 13, and September 20, 1983 to comment both pro and con and to discuss the aspects of the Comprehensive Plan; NOW THEREFORE, be it ordained as follows: SECTION 1: The City Council adopts Exhibit "A" attached as the Zoning Development Code Part Two of the Comprehensive Plan, and its accompanying map as the official zoning map for the City of Poway, repealing the Zoning Ordinance as adopted by Ordinance 1 and 29. SECTION 2: Ordinance 44 Development Review Procedure shall be included in Part Two of the Comprehensive Plan, Zoning Development Code as Section 10.4.0 with each section numbered accordingly starting with 10.4.1 Title and Purpose and ending with Section 10.4.12 Expiration and Extension. All references to sections within said Ordinance 44 shall also be changed to reflect the new sections numbering. SECTION 3: Ordinance 82 Comprehensive Sign Ordinance shall be included in Part Two of the Comprehensive Plan, Zoning Development Code as Section 7.0 with each section numbered accordingly starting with 7.1 Title and Purpose and ending with Section 7.7 Nonconforming Signs. Section 6203 Definitions shall be relocated to Section 1.7 Definitions in proper alphabetical order. All reference to sections within said Ordinance 82 shall also be chanqed to reflect the new section numbering. Ordinance No. 113 Page 2 SECTION 4: Ordinance 99 Arcades and Adult Businesses shall be included in Part Two of the Comprehensive Plan, Zoning Development Code as Section 6.7 Arcades and Section 6.8 Adult Businesses with the following changes: a. Arcades shall be required to obtain a conditional use permit in the CN and CG zones and are not permitted in the CO and CC zones. b. Adult businesses shall be permitted in the CG zone and prohibited in the CO, CN and CC zones. SECTION 5: Ordinance 100 Temporary Uses shall be included in Part Two of the Comprehensive Plan, Zoning Development Code as Section 6.1 with each section numbered accordingly starting with 6.1.2 Title and Purpose and ending with Section 6.1.7 Fee. All references to sections within said Ordinance 100 shall also be changed to reflect the new section numbering. SECTION 6: If any portion of this Ordinance should be determined to be unconstitutional or otherwise unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall continue in full force and effect. SECTION 7: This Ordinance shall take effect and shall be in force thirty (30) days after the date of its passage; 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. Ordinance No. 113 Page 3 Introduced and first read at an adjourned regular meeting of the City Council of the City of Poway held the 20th day of September, 1983, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 27th day of September, 1983, by the following roll call vote: AYES: COUNCILMEMBERS: EMERY, KRUSE, ORAVEC, SHEPARDSON, TARZY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Linda L. Oravec, Mayor Marjori~ ~. Wahlsten, City Clerk ~E ZONIN~ D~I~ODE CITY OFPOWAY, CALIFORNIA MMMBERS OF THE CITY COUNCIL Linda Oravec, Mayor Bruce Tarzy, Deputy Mayor ~ob Emery, Councilmember Carl Kruse, Councilmember Mary Shepardson, Councilmember CITY MANAGER James L. Bowersox DIRECTOR OF PLANNING SERVICES Barry K. Hogan INTRODUCTION SECTION 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 SECTION 2 2.0 2.1 2.2 2.3 2.4 2.5 2.6 SECTION 3 3.0 3.1 3.2 3.3 3.4 3.5 3.6 TABI~ OF CONTENTS GENERAL PROVISIONS PURPOSE AND SCOPE PRIVATE AGRRMMENTS REPEAL OF CONFLICTING ORDINANCES ESTABLISHMENT OF ZONES CLARIFICATION OF AMBIGUITY EFFECTS OF ZONING DEFINITIONS RESIDENTIAL ZONF_,S PURPOSES PERMITTED AND CONDITIONAL USES: R ZONES PROPERTY DEVEL0~ STANDARDS: R ZONES PERFORMANCE STANDARDS: R ZONES ACCESSORY STRUCTURES: R ZONES WAILS AND FENCES: R ZONES SIGNS: R ZONES COMI~RC IAL ZONES PURPOSE PERMITI'ED AND CONDITIONAL USES: C ZONES PROPERTY DEVELOPMENT STANDARDS: C ZONES PERFORMANCE STANDARDS: C ZONES ACCESSORY STRUCTURES: C ZONES WAT.I.S AND FI~'q'CES: C ZObI-ES SIGNS: C ZONES PAGE 1 26 26 27 31 36 38 39 4O 41 41 42 47 48 51 51 51 SECTION 4 4.0 4.1 4.2 4.3 4.4 4.5 4.6 SECTION 5 5.0 5.0.1 5.0.2 5.0.3 5.1 5.1.1 5.1.2 5.1.3 5.1.4 5.1.5 5.2 5.2.1 5.2.2 5.2.3 5.2.4 5.2.5 MANUFACTURING ZONES PURPOSES P~vlITI'ED AND CONDITIONAL USES: M ZONES PROPERTY DEVELOPMENT STANDARDS M ZONES PERFORMANCE STANDARDS: M ZONES ACCESSORY STRUCTURES: M ZONES WA'ILS AND FENCES: M ZONES SIGNS: M ZONES SPECIAL PURPOSE ZONES LM- LOW ANDMODERATE INCOME COMBINING ZONE PURPOSES PROPERTY DEVEiORMMYf STANDARDS: LM ZONE APPLICATION AND DESIGNATION MflP - MOBII.~OME PARK ZONE PURPOSES PERMITrED AND CONDITIONAL USES: MHP ZONE PROPERTY DEVEIO~ STANDARDS: MHP ZONE PRE-EXISTING MOBW.EHOME PARKS SIGNS: MHP ZONE PRD - PLANNED RESIDENTIAL DEV~.OPMENT ZONE PURPOSE PERMITi~ED AND CONDITIONAL USES: PRD ZONE PROPERTY DEVELOMM]RNT STANDARDS: PRD ZONE ACCESSORY USES AND STRU~: PRD ZONE SIGNS: PRD ZONE ii PACE 52 52 53 56 58 61 61 61 62 62 62 62 62 63 63 63 64 66 66 67 67 67 67 69 69 5.3 5.3.1 5.3.2 5.3.3 5.3.4 5.3.5 5.3.6 5.3.7 5.3.8 5.3.9 5.4 5.4.1 5.4.2 5.4.3 5.4.4 5.4.5 5.4.6 5.5 5.5.1 5.5.2 5.5.3 5.5.4 5.5.5 5.5.6 SECTION 6.0 6.0.] 6.0.2 6.0.3 6.0.4 6.0.5 6.0.6 PC - PLANNED COMMUNITY ZONE PA~E PURPOSES 70 USE REGULATIONS: PC ZONE 70 PROPERTY DEVEIO~ STANDARDS: PC ZONE PERFORMANCE STANDARDS: PC ZONE 73 PRE-APPLICATION PROCEDURE 73 DE%~ELOPMMYf PLAN 75 ADOPTION OF ZONE AND/OR DEVELOMVIMTf PLAN 75 AMENI]MI~qTS TO DEVELOPM~qT PLAN 76 REVIEW OF DEVELOPMENT PROGRESS 76 OPEN SPACE ZONE 77 PURPOSES 77 PEP.MITrED AND CONDITIONAL USES: OS ZONES 77 PROPERTY DEVELOPMENT STANDARDS: OS ZONE 78 OFF-STRk~T PARKING: OS ZONE 79 WAT.I.S AND FENCES: OS ZONES 79 SIGNS: OS ZONE 79 RSC - RESIDENTIAL S~ION ClTZEI~ ZONE 80 PURPOSES 8O USES PERMITTED 80 PROPERTY DEVEII)PM~NT STANDARDS: RSC ZONE 80 ACCESSORY USES AND STRUCTURES: RSC ZONE 82 PRE-APPLICATION PROCEDURE 82 SIGNS: RSC ZONE 82 SPECIAL USESANDCONDITIONS TEMPORARY USES 83 83 iii PURPOSES 83 TEMPORARY USES LISTED 83 PERMITS AND BONDS 85 EXTENSION OR MODIFICATION OF LIMITATIONS 85 CONDITION OF SITE FOLLOWING TM~PORARY USAGE 85 FEE 85 6.~ 6.2 6.3 6.4 6.5 6.6 6.7 SECTION 7 7.0 7.1 7.2 7.3 7.4 7.5 7.6 SECTION 8 8.0 8.1 8.2 8.3 8.4 HOME OCCUPATIONS RECRF~T IONAL COURTS gR..PING OF LARGE ANIMALS K~PING OF SMALL ANIMALS glr~l~.S - COMMERCIAL AND NON-COMMI~RC IAL ARCADES ADULT BUSINESSES COMPREHF. NSIVE SIGN REGULATIONS ~E PERMIT REQUI~ AND REVIEW PROCEDURES ADMINISTRATION GENERAL PROVISIONS SIGN REGUIATIONS DESIGN STANDARDS NONCONFORMING SIGNS OFF-STREET PARKING PURPOSE GENERAL PROVISIONS SCHEDULE OF OFF-STRF;MF PARKING REQUIREMMqTS PROPERTY DEVEIOttMMYf STANDARDS: OFF-STREET PARKING PERFORMANCE STANDARDS: OFF-STRE~.T PARKING 86 87 88 89 91 92 93 94 95 96 97 103 112 113 116 116 116 117 122 126 SECTION 9 9.0 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 SECTION 10 10.0 10.1 10.2 10.3 NONCONFORMING USES, STRUCTURES, SCRE~I~ING, PERFORMANC~ STANDARDS PURPOSE TIME WHEN USE AND STRUCTURE BECOME NONCONFORMING DISCONTINUATION OF NONCONFORMING USE CONTINUATION AND MAINTENANCE ALTERATIONS AND ADDITIONS TO NONCONFORMING USES AND STRUCTURES RESTORATION OF DAMAGED STRUCTURE CHANGE TO AN(YrHER NONCONFORMING USE ELIMINATION OF NONCONFORMING USES AND STRU~S EXCEPTIONS TO PROVISIONS FOR ELIMINATION OF NONCONFORMING USES AND STRUCTURES NOTICE OF ELIMINATION DATE FOR NONCONFORMING USES AND STRUCTURES ADMINISTRATION CONDITIONAL USE PERMIT REGULATIONS VARIANCES DEVELOPMENT REVIEW PROCEDURES V PA~K 127 127 127 127 127 128 128 129 129 130 130 131 131 135 140 145 PART T~O: THE ZONING DEVL~LOP~ CODE II~I'I'RODUCT I ON Zoning is one of many legal and administrative devices by which city plans may be implemented. The Zoning Development Code has been selected as the primary tool for the implementation of the General Plan. It sets forth the regulations for the development or redevelopment of all property by establishing: o setbacks; o building height; o parking requirements; o landscape requirements; o use restrictions; o animal regulations; o density of development; o lot size, width and depth; o fencing requirements. The Zoning Development Code along with the Zoning Development Plan delineate precisely where and what can or cannot be done. Those documents along with the General Plan comprise the Comprehensive Plan to guide the existing and future development of Poway. The Zoning Development Code is organized into four basic zone areas: o Residential Zones; o Co.~.,ercial Zones; o Manufacturing Zones; o Special Purpose Zones. Each of these four basic zone areas is further broken down into specific zones: Residential Zones RR-A thru C RS-2 RS-3 RS-4 RS-7 RC RA Residential Rural A thru C Residential Single Family 2 Residential Single Family 3 Residential Single Family 4 P~sidential Single Family 7 Residential Condominium Residential Apartment Co~nercial Zones Conmercial Office Commercial Neighborhood Commercial General Comnercial C~,onity Manufacturing Manufacturing Park Manufacturing Service Special Purpose Low andModerate Income Mobile Home Park Planned Residential Development Planned Co~m~nity Open Space Residential Senior Citizen The Zoning Development Plan delineates the boundaries of the zones designates the property with the letter abbreviation. The Zoning Development Code is written to be clear, concise, and easy Each of the individual zones is divided into seven basic sections: o Purposes; o Permitted and Conditional Uses; o Property Development Standards; o Performance Standards; o Accessory Structures; o Walls and Fences; o Signs. and to read. In most cases the Zoning Development Code is the translation of the Goals, Objectives, and Policies of the General Plan into the regulations guiding development of residential, conmercial, and manufacturinguses. SECTION ! GEIIE~I. PROVISIONS SECTION 1.0 PURPOSE AND SCOPE For the purpose of promoting and protecting the public health, safety, and welfare of the people of the City of Poway, to safeguard and enhance the appearance and quality of development of the City of Poway, and to provide for the social, physical and economic advantages resulting from comprehensive and orderly planned use of land resources, a Zoning Development Code defining classifications of zones and regulations within those zones hereby is established and adopted by the City Council. SECTION PRIVATE AGREMvIENTS Ae The provisions of this Ordinance are not intended to abrogate any easements, covenants, or other existing agreements which are more restrictive than the provisions of this Ordinance. SECTION 1.2 REPEAL OF CONFLICTING ORDINANCES Whenever the provisions of this Ordinance impose more restrictive regulations upon construction or use of buildings or structures or theuse of lands or premises than are imposed or required by other ordinances, previously adopted the provisions of this Ordinance or rules or regulations promulgated thereunder shall govern. SECTION 1.3 ESTABLISHMENT OF ZONES A. Division of City Into Zones In order to classify, regulate, restrict, and separate the use of land, buildings and structures and to regulate and limit the type, height, and bulk of buildings and structures in the various districts and to regulate the areas of yards and other open areas abutting and between buildings and structures and to regulate the density of population, the City hereby is divided into the following zones: 1. Residential Zones RR-A thru C RS-2 RS-3 RS-4 RS-7 RC RA 2. Col'~a~Jercial Zones Residential Rural Zone Residential Single Family 2 Zone Residential Single Family 3 Zone Residential Single Family 4 Zone Rasidential Single Family 7 Zone Residential Condominiun Zone Residential Apartment Zone Co.~,ercial Office Zone Co~.ercial Neighborhood Zone Co~m,ercial General Zone Commercial Co.~nity Zone SECTION 1.3 ESTABLISHM~If OF ZONES A DIVISION OF CITY INTO ZONES (cont.) 3. Manufacturing Zones Manufacturing Park Zone Manufacturing Service Zone 4. Special Purpose Zones Low and Moderate Income Combining Zone Mobilehome Park Zone Planned Residential Development Zone Planned Com.onity Zone Open Space Zone Residential Senior Citizen Zone B. Adoption of Zones - Maps Said several zones and boundaries of said zones and each of them hereby are established and adopted as shown, delineated and designated on the "Official Zoning Map" of the City of Pc~ay, San Diego County, California, which map, together with all notations, references, data, zone boundaries, and other information thereon, is made a part hereof and is adopted concurrently herewith. SECTION 1.4 C. Filing ~he original of the Official Zoning Map shall be kept on file with the City Clerk and shall constitute the original record. A copy of said map shall be also filed with the Planning Services Department. D. Chan~es to the Zoning Map Changes in the boundaries of the zones shall be made by Ordinance and shall be reflected on the Official Zoning Map. CLARIFICATION OF AMBIGUITY If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this title, or if ambiguity exists with respect to matters of height, yard requirements, area requirements or zone boundaries as set forth herein, it shall be the duty of the Planning Services Director to ascertain all pertinent facts and forward said findings and interpretations, to the Council, and, if approved by the Council, thereafter such interpretation shall govern. SECTION 1.5 EFFECTS OF ZONING A. Application of Provisions /he provisions of this Ordinance governing the use of land, buildings, and structures, the size of yards abutting buildings and structures, the height and bulk of buildings, the density of population, the number of dwelling units per acre, standards of performance, and other provisions hereby are declared to be in effect upen all land included with the boundaries of each and every zone established by this Ordinance. SECTION 1.5 EFFECTS OF ZONING (cont.) B. Buildings under Construction Any building for which a building permit has been issued under the provisions of earlier ordinances of the City which are in conflict with this Ordinance, and on which substantial construction has been performed by integration of materials on the site before the effective date of this Ordinance, may nevertheless be continued and completed in accordance with the plans and specifications uponwhich the permit was issued. Approved Tentative Tract Maps or Tentative Parcel Maps Any approved tentative tract map or tentative parcel mapwhich has been approved pursuant to the provisions of earlier ordinances of the City and which is in conflict with this Ordinance may nevertheless be continued and completed in accordance with the provisions of its approval provided it is completed within the time limit in effect at the time of its approval without extension of time thereof, and provided it complies with all other ordinances and laws in effect at the time of its approval. Final tract maps may be approved pursuant to this section and building and other permits may be issued for any lots created pursuant to this Section consistent with such approval. SECTION ].6 ENFORCMvR~If A. Enforcement by City Officials Be The City Council, the City Attorney, the City Manager, the Police Chief, the Building Official, the Planning Services Director, the City Clerk, and all officials charged with the issuance of licenses or permits, shall enforce the provisions of this Ordinance. Any permit, certificate, or license issued in conflict with the provisions of this Ordinance shall be void. Actions Deemed a Nuisance Any building or structure erected hereafter, or any use of property contrary to the provisions of a duly approved Development Review, Minor Development Review, Variance, Conditional Use Permit, or Administrative Permit, and/or this Ordinance shall be and the same hereby is declared to be unlawful and a public nuisance per se and subject to abatement in accordance with local Ordinance. Remedies Ail remedies concerning this Ordinance shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such persons from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures, signs, or improvements, and shall not prevent the enforced correction or removal thereof. SECTION 1.6 F2qFORC~ (cont.) D. Penalties Any person, partnership, organization, firm or corporation, whether as principal, agent, ~ployee or otherwise, violating any provisions of this Ordinance or violating or failing to comply with any order to regulation made hereunder, shall be guilty of a misdemeanor and, upon conviction therof, shall be punishable as provided by local ordinance. SECTION 1.7 DEFINITIONS Ae For the purposes of the Ordinance, certain words, phrases, and terms used herein shall have the meaning assigned to them by this Section. When not inconsistent with the context, words used in the present tense include the future; words in the singular number include the plural; and those in the plural number include the singular. The word "shall" is mandatory; the word "may" is permissive. ABUT shall mean two adjoining parcels of property with a cor~non property line, including two or more lots adjoining only at a corner, except where such common property line is located in a public street right-of-way. ACCESS OR ACCESS WAY shall mean the place, means, or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this Ordinance. ACCESSORY BUILDING shall mean a building, part structure, which is incidental or subordinate to the use on the same building site. of a building, or main building or ACCESSORY LIVING QUARTERS shall mean living quarters on the same building site as a dwelling, designed or used for housing servants or guests, having no cooking facilities or kitchen and not rented or otherwise used as a separate dwelling. ACCESSORY USE shall mean a use incidental, related, appropriate and clearly subordinate to the main ~e of the lot or building, which accessory, use does not alter the principal use of such lot or building. 6. ADULT ARCADE: See Adult Motion Picture Arcade. ADULT BOOKSTORE shall mean an eStablishment that devotes more than fifteen (15) percent of the total floor area utilized for the display of books and periodicals to the display and sale of the following: a. ~ooks, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records, or other forms of visual or audio representations which are characterized by an ~hasis upon the depiction or description of specified sex~al activities or specified anatomical areas; or SECTION 1.7 DEFINITIONS (cont.) b. Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. An adult bookstore does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal stock-in-trade and does not devote more than fifteen (15) percent of the total floor area of the establishment to the sale of books and periodicals. Se ADULT CABARET shall mean a nightclub, bar, theater, restaurant or similar establishment which regularly features live performances which are distinguished or characterized by an emphasis on specified sextml activities or by exposure of specified anatomical areas and/or which regularly features films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an ~Liphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons. e ADULT DRIVE-IN THEATER shall mean an open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other fO~LL~ of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats, and presenting material distinguished or characterized by an ~phasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons. 10. ADULT HOTEL OR MOTEL shall mean a hotel, motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. ADULT MINI-MOTION PICTURE THEATER shall mean an establishment, with a capacity of more than five but less than 50 persons, where, for any form of consideration, films, motions pictures, video cassetes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an ~phasis upon the depiction or description of specified sexual activities or specified anatomcial areas for observation by patrons. SECTION 12. 13. 14. 15. 16 17 · 7 Dk~INITIONS (cont.) ADULT MODEL STUDIO shall mean any establishment open to the public where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons, other than the proprietor, paying such consideration or gratuity. This provision shall not apply to any school of art which is operated by an individual, firm, association, partnership, corporation or institution which meets the requirements established in the Education Code of the State of California for the iss~,mnce or confering of, and is in fact authorized thereunder to issue and confer, a diploma. ADULT MOTION PICTURE ARCADE shall mean any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show ir~ages to five (5) or fe~er persons per machine at any one time, and where the images so displayed are distinguished or characterized by an ~Lyhasis on depicting or describing specified sexual activities or specified anatomical areas· ADULT MOTION PICTURE THEATER shall mean an establishment, with a capacity of fifty (50) or more persons, where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an ~hasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons. ADULT THEATER shall mean a theater, concert hall, auditori~n or similar establishment, either indoor or outdoor in nature, which for any form of consideration, regularly features live performances which are distinguished or characterized by an ~¥hasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons. ADVERTISE shall mean any notice to the public for the purpose of increasing sales or business, announcing the availability of a service or product, or making claims as to the value or quality of any service or product. ADVERTISING STRUCTURE shall mean an on- or off-site structure of any kind or character other than the main business identification sign, erected or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting, or other advertisement of any kind whatsoever may be placed, including statuary for advertising purposes. SECTION 1.7 DEFINITIONS (cont.) 18. AMBIENT LEVEL shall mean that general noise level in the area at a given time. 19. ANATOMICAL AREAS: See Specified Anatomical Areas. 20. ANIMAL HOSPITAL shall mean a place where animals are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and shall be cmly incidental to such hospital use. 21. ANIMATED SIGN: See Flashing Sign. 22. AREA OF SIGNS shall mean the area of a sign shall include the entire area within any type of perimeter or border which may enclose the outer limits of any writing, representation, emblem, figure or character, together with any other material or color forming an integral part of the display or used to differentiate such sign from the background on which it is placed. The area of a sign having no such perimeter shall be c~p~ted by enclosing the entire area within parallelograms, triangles or circles in a size sufficient to cover the entire area and c~nputing the size of such area. In the ~m~e of a two-sided sign the area shall be c~p~ted as including enly the maximum single display surface which is visible from any ground position at one (1) time. The supports or uprights on which any sign is supported should not be included in determining the sign area unless such supports or uprights are designed in such a manner as to form an integral background of the sign. In the case of any cylindrical sign the total area shall be computed on the total area of the surface of the sign. 23. APARTMENT shall mean a building or portion thereof designed and used for occupancy by two (2) or more individual persons or families living independently of each other. 24. ARCADES shall mean a place of business where five (5) or more electronic or electrical coin operated games are operated for compensation. 25. AU2IIVDBII,E SERVICE STATION shall mean a lot or portion of a lot used for the servicing of motor vehicles. Such servicing may include sale of motor fuel and oils, lubrication, incidental car washing, waxing and polishing, sales and service of tires, tubes, batteries, and service of auto accessories. Such servicing shall not include tire recapping, sale of major auto accessories, wheel repair or parts, sale or rebuilding of engines, battery manufacturing or rebuilding, radiator repair or steam cleaning, body repair, painting or upholstery, or installation of auto glass. SECTION 1 26. 27. 28. 29. 30. 31. .7 DEFINITIONS (cont.) BANNER, FLAG, PENNANT ORBA~ON shall mean any cloth, bunting, plastic, paper or similar material used for advertising purposes attached to or pinned on or from any structure, staff, pole, line, framing, or vehicle, not including flags as described in Section 7.4A16. BASMMENT shall mean a story partly or wholly underground. A basement s-~e counted as a story for purposes of height measurement where more than one-half (1/2) of its height is above grade. BIT~gOARD shall mean an off-site sign of any kind erected or maintained for outdoor advertising purposes, upon which any poster, bill, printing, or other advertisement of any kind whatsoever is placed. BOARDING OR ROOMING HOUSE shall mean a building containing a dwelling unit where lodging is provided with or without meals for compensation for five (5) ormore persons. BUILDING shall mean any structure having a roof supported by col~s or walls. BUILDING FACE AND/ORFRONTAGEshall mean the area of the front building elevation in which the business is located and which faces street or parking lot excluding driv~ays and aisles. If more than one business is located in a single building, then such area shall be limited to that portion which is occupied by each individual business (see illustration below). k 10 SECTION 1.7 DEFINITIONS (cont.) 32. BUILDING HBIGH~ shall mean the vertical distance from the average grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the highest point of the highest gable of a pitch or hip roof, but exclusive of vents, air conditioners, chi~meys, or other such incidental appurtenances. 33. BUILDING SITE shall mean a legally created parcel or contiguous parcels of land in szngle or joint ownership, which provides the area and the open spaces required by this Ordinance, exclusive of all vehicular and pedestrian rights-of-way and all other easements that prohibit the surface use of the property by the owner thereof. 34. BUSINESS CBI~i~ER shall mean a development in which businesses and structures are designed as an architecturally integrated and interrelated development. Such design is independent of the nomber of structures, lots, or parcels making up the center. 35. BUSINESS DIRECTORY SIGN shall mean a sign located in a multi-tenant complex which lists each business and address located therein. 36. BUSINESS IDBI~TIFICATION shall mean an on-site sign which identifies the business, use, or service located thereon. 37. CANOPY shall mean a permanent roof-like structure extending from part or all of a building face and constructed of durable material which may not project over a public right-of-way. 38. CANOPY SIGN shall mean a wall sign attached to the face of a canopy but not projecting above the top of the canopy. 11 SECTION 39. 0· 2. 43. 45. 6. 47. 49. · 7 DEFINITIONS (cont.) CARPORT shall mean a permanent roofed structure with not more than two ~2~ enclosed sides used or intended to be used for vehicle storage for the occupants of the premises. CITY shall mean the City of Poway. CLINIC shall mean a place for medical services to patients human or animal not involving the overnight housing of patients· CLUB shall mean an association of persons (whether or not incorporated) ~ a co~L~n purpose, but not including groups organized soley or primarily to render a service as a business for profit. COFFEE SHOP shall mean a completely enclosed restaurant facility wherein the customers are served at a counter and/or tables. C0b~RINITY APARTMENT shall mean a development in which an undivided interest in the land is coupled with the right of exclusive occupancy of an apartment located thereon. CCMPREHENSIVE SIGN PROGRAM shall mean a unified sign program developed to integrate signs with building and landscaping design to achieve architectural unity. CONDOMINIUM shall mean an estate in real property consisting of an undivided interest in con~on in a portion of a parcel of real property, together with a separate interest in space ina residential, industrial or conmercial building on such real property, such as an apartment, office or store. CONDOMINIUM CONVERSION shall mean the conversion of rental units residential or conmercial, into condominium project. CONSTRUCTION OR CONTRACTOR SIGN shall mean a t~.porary sign which states the names of the individuals and/or firms connected with the construction of a project. Such sign may include the name of the project, the lender, the contractor, the architect, address of the business, and the emergency telephone number. CONVALF-SCENT HOME shall mean a facility licensed by the State Department of Public Health, the State Department of Social Welfare, or the County of San Diego, which provides bed and ambulatory care for patients with post-operative convalescent, chronically ill or dietary problems, and persons aged or infirm unable to care for themselves; but not including alcoholics, drug addicts, or persons with mental or contagious diseases or afflictions. 12 SECTION 50. 51. 52. 53. 54. 55. 56 57. 58. 59. 60. 1.7 DEFINITIONS (cont.) CONVENIENCE SIGN shall mean a sign which conveys information such as "restrooms," "no parking" or "entrance," with or without the business identification. It shall not contain brand, trade, or advertising and shall be designed to be viewed on-site by pedestrians and/or motorists. COPY shall mean any words, letters, numbers, figures, designs or other symbolic representations incorporated into a sign. COUNCIL shall mean the City Council of the City of Poway. COUNTY shall mean the County of San Diego. COUN/~f RECORDER shall mean the County Recorder of the County of San Diego. DAY NURSERY (including Pre-School and Nursery Schools) shall mean any building, buildings or portion thereof used for the daytime care of six included in this category. DENSITY shall mean the total number of dwelling units permitted on a net acre of land exclusive of all existing public or private streets and right-of-way. DEVELOPMENT shall mean the total number of dwelling units permitted on a net acre of land exclusive of all existing public or private streets and right-of-way. DIRECTIONAL SIGN shall mean a sign which contains words such as "entrance," "enter," "exit," "in," "out," or other direction comnands, with or without business identification, or a sign containing arrows or characters indicating traffic directions and used either in conjunction with such words or separately. No directional sign shall contain any advertising. A subdivision direcitonal sign (kiosk) shall not be included in this category. DIRECTOR OF PLANNING SERVICES shall mean the Director of Planning Services Department of the City of Poway. DORMITORY shall mean a building intended or used principally for sleeping accomodations, where such building is related to an educational instituation. 13 SECTION 1.7 DEFINITIONS (cont.) 61. DRIVE-IN OR DRIVE-THROUGH RESTAURANT shall mean a place of business which sells food products and/or beverages and which: Delivers such food products and/or beverages to customers outside of the building in which they are pareparedbymeans of service, a window, counter, or similar method or device, or be Delivers such food products and/or beverages to customers within a building which is designed in such a manner that a majority of the customers will remove such food products and/or beverages from the building for cons~L~ption either on the premises or in the immediate vicinity. 62. ~W~.ING shall mean a building or portion thereof designed exclusively for residential occupancy. 63. ~WELLING, GUEST shall mean a building or portion thereof designed exclusively for residential occupancy. 64. UW~f,ING, MULTIPLE shall mean abuilding containing two (2) or more dwelling units or a combination of two (2) or more separate single- family dwelling units on one lot. 65. DW~LING, SINGLE FAMILY shall mean a detached building designed ex- clusively for residential occupancy. 66. ~,ING UNIT shall mean one or more rooms and a single kitchen in a single family dwelling, apartment house or hotel designed as aunit for occupancy byone family for living and sleeping purposes. 67. EDUCATIONAL INSTITUTIONS shall mean public and other non-profit institutions conducting regular academic instruction at kindergarten, elementary, secondary, collegiate levels, and including graduate schools, universities, non-profit research institutions and religious institutions. 68. FAMILY shall mean an individual or two (2) or more persons related by blood, marriage or adoption, or a group including unrelated individuals bearing the generic character of and living together as a relatively permanent bona fide housekeeping unit sharing such needs as cooking facilities. Family shall also mean the persons living together in a licensed "residential facility" as that term is defined in California Health & Safety Code Section 1502(a)(1), which services six (6) or fewer persons, including the licensee, the members of the licensee's family, and persons ~L.Floyed as facility staff. 14 SECTION 1.7 DEFINITIONS (cont.) 69. FLASHING SIGN shall mean a sign which contains or is ill~ninated by lights which are intermittently on and off, which change intensity or color, or which create the illusion of motion in any manner, including animated signs but not including time and t~perature signs as described in Section 7.4A19 and 7.4A20. 70. FRk~MTANDING SIGN shall mean a sign which is permanently supported by one (1) or more uprights, braces, poles, or other similar structural components that is not attached to the building or buildings which it defines. FLrilrRE TENANT IDENTIFICATION SIGN shall mean a temporary sign which identifies a future use of a site or building. 72. GARAGE shall mean a detached accessory building or a portion of a main building on the same lot for the parking and t~,¥orary storage of vehicles of the occupants of the premises. 73. GENERAL PIAN shall mean the General Plan of the City of Poway and shall consist of the General Plan Maps and Text adopted by the City Council. 74. GRADE shall mean the average level of the finished ground surfaces within a twenty (20) foot area surrounding a building. 75. GRAND OPENING shall mean a promotional activity not exceeding thirty (30) calendar days used by newly established businesses, within six (6) months after occupancy, to inform the public of their location and service available to the co~,~onity. Grand Opening does not mean an annual or occasional promotion of retail sales by a business. 76. GROSS AREA shall mean the total horizontal area within the lot lines of a lot or parcel of land before public streets, easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel. 77. GUEST ROCM shall mean a room which is designed to be occupied by one (1) or more guests for sleeping purposes, and having no kitchen facilities. 78. HEIGHT OF A SIGN shall mean the greatest vertical distance measured from the finished grade of the sidewalk when located within the required setback area or the greatest vertical distance measured from the grade at which the sign supports intersect the ground when located beyond the required setback area including any agcompanying architectural features of the sign. 79. HIGHWAY shall mean a street shown as a freeway, major, primary, or secondary highway on the General Plan of the City. SECTION 80. 81. 82. 83. 4e 85. 86. 87. .7 DEFINITIONS (cont.) HOSPITAL shall mean an instituation for the diagnosis, care, and treatment of human illness, including surgery and primary treatment. HOTEl, shall mean a structure or portion thereof or a group of attached guest rooms or suites occupied on a transient basis for compensation. INOPERATIVE ACTIVITY shall mean a business or activity that has ceased operation, except for temporary closures for repairs, alterations, or other similar situations at any given location for a period of at least 30 days. INTERIOR SIGN a sign inside of any business that is not intended to be read or visible from outside the building in which the business is located. KENNEL, NONC~CIAL shall mean any property where four (4) or more dogs or cats, over the age of fourmonths, are kept or maintained for the useand enjoyment of the occupant for nonconn~ercial purposes. LARGE ANIMAIS shall include equine and bovine animals and other such animals described and assumed by their size, weight, and/or appearance to be large animals. LEFoAL shall mean authorized or permitted in accordance with defined procedures by ordinance or law. LEGAL LOT shall mean 1) a parcel of real property shown as a delineated parcel of land with a number or letter designation, or a subdivision map, or parcel map recorded in the office of the County Recorder and created in conformance with the State Subdivision Map Act; 2) a parcel of real property shown on a recorded record of survey map, lot division plat, or other officialmap filed in the office ofthe County Recorder or County Engineer, when such map or plat was filed as the result of and was made a condition of a lot division approved by the County of San Diego under the authority of prior or existing County Ordinances; 3) any parcel of real property which existed as a separate parcel on or before February 1, 1972, as evidenced by a valid deed recorded on or before that date; 4) a parcel of real property described in a recorded Certificate of Compliance, approved and filed by the County of San Diego of the City of Poway in accordance with the State Subdivision Map 88. ~ shall mean a trademark or symbol used to identify a business. 16 SECTION 1.7 DEFINITIONS (cont.) 89. LOT shall mean: 90. 91. 92. 93. 94. 95. 96. ae be A parcel of real property with a separate and distinct number or other designation shown on a plat recorded in the office of the County Recorder, or A parcel of real property delineated on an approved record of survey, parcel map or subdivision map as filed in the office of the County Recorder or in the office of the Planning Services Department, and abutting at least one (1) public street or right- of-way, or easement determined by the City Engineer to be adequate for the purpose of access, or c. A parcel of real property abutting at least one (1) public street or right-of-way or easement determined by the City Engineer to be adequate for the purpose of access and held under separate ownership from abutting property prior to February 1, 1972. lOT, CORNER shall mean a lot located at the intersection or interception of two (2) or more streets at an angle of not more than one hundred thirty-five (135) degrees. If the angle is greater than one hundred thirty five (135) degrees, the lot shall be considered an "Interior Lot". LOT COVERAGE shall mean the ratio between the ground floor area of the building or buildings and the net area of the lot, exclusive of the ultimate street right-of-way. lOT DEPTH shall mean the average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines. LOT, FLAG shall mean a lot which utilizes a narrow strip as its means of providing frontage on a street and/or providing vehicular access to the lot. IDT, INTERIOR shall mean a lot other than a corner lot. lOT LINE shall mean any line bounding a lot as herein defined. lOT LINE, FRONT shall mean on an interior lot, the front lot line is the property line abutting the street. On a corner or reverse corner lot, the front lot line is the shorter property line abutting a street, except in those cases where the subdivision or parcel map specifies another line as the front lot line. On a through lot or a lot with three (3) or mere sides abutting a street or a corner or reverse corner lot with lot lines of equal length, the Director shall determine which property line shall be the front lot line for the purposes of compliance with yard and setback pprovisions of this Ordinance. On a private street or easement, the front lot line shall be designated as the edge of the easement. 17 SECTION 1 97. 98. 99. 100. 101. 102. 103. 104. 105. 106. .7 DEFINITIONS (cont.) lOT LINE, INTERIOR shall mean a lot line not abutting a street. LOT LINE, REAR shall mean a lot line not abutting a street which is opposite and most distant from the front lot line. In the case of an irregular-shaped lot, a line within the lot, parallel to and at a maximum distance from the front lot line, having a length of not less than ten (10) feet. A lot which is bounded on all sides by streets may have no rear lot line. LOT, REVERSE CORNER shall mean a corner lot, the side line of which is substantially a continuation of the front lot lines of the lot to its rear, whether across an alley or not. LOT LINE, SIDE shall mean any lot line not a front lot line or rear lot line. LOT, THROUGH shall mean a lot having frontage on two parallel or approximately parallel streets. lOT WIDTH shall mean the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. MAJOR REVIEW shall mean a method of review by the City Council to determine conformance with applicable ordinances. MINOR REVIEW shall mean a method of review by the Director of Planning Services to determine conformance with applicable ordinances. MOBIT.~OME shall mean amovable or transportable vehicle, other than a motor vehicle, designed as a permanent structure intended for occupancy for one family and having no foundation other than jacks, piers, wheels, or skirtings. MOBII,EHOb~ UNIT SPACE shall mean a plot of ground within a mobilehome park designed for the accomodation of one mobilehome unit. 18 SECTION 107. 108. 109. 110. 111. 112. 113. 114. 115. 116. 117. 118. 119 1.7 DEFINITIONS (cont.) MOTEL shall mean the same as "hotel". b~DNLMENT SIGN a low profile freestanding sign, with its base resting on the ground, incorporating the design and building materials complementary to the architectural theme of the buildings on the same property. NET AREA shall mean all land, utility easements and trails within a given area or project including residential lots, and other open space which directly serves the residents of the net acre; but exclusive of all public or private streets and other easements such as a floodway or flood control channel NONCONFORMING BUILDING shall mean a building or portion thereof which was la~l when established but which does not conform to the provisions of this Ordinance. NONCONFORMING LOT shall mean a lot, the area, frontage or dimensions of which do not confom to the provisions of this Ordinance. NONCONFORMING SIGN a sign that does not comply with the provisions of this chapter. NONCONFORMING USE shall mean a use lawful when established but which does not conform to the provisions of this Ordinance. OFF-SITE SIGN a signwhich advertises or directs attention to products or activities that are not provided on the parcel uponwhich the sign is located. Bus benches with advertising are included within this definition. OFF-SITE SUBDIVISION SIGN a sign in accordance with this chapter, which directs traffic to a subdivision within the City of Poway. ON-SITE SUBDIVISION SIGN a signwhich identifies the subdivision upon which the sign is located. PARAPET WALL SIGN see wall sign. PARFTWAY that area of a public street that lies between the curb and sidewalk or between the sidewalk and the property line of the adjacent property owner, which is used for planting purposes. PEDESTRIAN TRAFFIC SIGN a sign subject to the size limitations listed in this chapter, which is other than the main business identification sign, and which is oriented to pedestrian traffic. Such sign shall not include any advertising information. 19 SECTION 1 120. 121. 122 123. 124. 125. 126. 127. 128. 129. .7 DEFINITIONS (cont.) PLANNED RESIDENTIAL DEVELOPMENT shall mean two or more dwelling units, including dwelling units in developments c~m,enly known as town or row- housing, condominiums and cluster housing, together with related land, buildings and structures, planned and developed as a whole in a single development operation or a progranmed series of operations in accordance with detailed, cumprehensive plans encompassing such elements as the circulation pattern and parking facilities, open space, utilities, and lots or building sites, together with a program for provision, operation and m~intenance of all areas, improvements, facilities and services provided for common use of the residents thereof. POLE SIGN: See Freestanding Sign. POLITICAL SIGN shall mean a sign erected prior to an election to advertise or identify a candidate, campaign issue, election proposition, or other related ballot matters. PORTABLE SIGN shall mean a sign not attached or not designed to be pernmnently attached to a structure or to the ground. PUBLIC RIGHT-OF-WAY shall mean a strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other public uses. READERBOARD OR CHANGEABI.E COPY SIGN shall mean a sign intended for a periodically changing advertising message; a sign on which copy is electrically changeable or consists of track to hold manually changeable letters. REAL ESTATE SIGN shall mean a temporary sign advertising the sale or lease of the property upon which it is located, and the identification of the firm handling such sale, lease, or rent. REVOLVING SIGN shall mean a sign, which all or a portion of, may rotate either on an intermittent or constant basis. ROOF shall mean the external covering of a building or structure above or covering any exterior or interior vertical wall height. ROOFLINE shall mean the top edge of the roof or top of the parapet, whichever forms the top line of the building silhouette. 20 SECTION 1.7 DEFINITIONS (cont.) 130. ROOF SIGN shall mean a sign erected, constructed, or placed upon or over a roof, or placed so as to extend over or above the roofline, which is wholly or partly supported by such buildings, not including a mansard roof or canopy if it is architecturally integrated with the roof. (See illustrations below). 21 SECTION 131. 132. 133. 134. 135. 136. 137. 138. 1.7 DEFINITIONS (cont.) SERVICE STATIONS shall mean the same as "Automobile Service Station". SETBACK, FRONT YARD shall mean the area which defines the depth of the required front yard. Said setback shall be measured from the street line or the line established by the General Plan and be removed therefrom by the perpendicular distance prescribed for the front yard setback of the zone in which the property is located. SETBACK, REAR YARD OR SIDE YARD shall mean the area which defines the width or depth of the required rear or side yard setbacks. Said setbacks shall be measured from the property line, removed therefrom by the perpendicular distance prescribed for the yard setback in the Zone. Where the side or rear yard abuts a street, the distance shall be measured as set forth in the "Setback Front Yard." SEXUAL ENCOUNTER ESTABLISRMMNTshall mean an establishment, other than a hotel, motel, or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may congregate, associate, or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State of California engages in sexual therapy. For the purposes of these regulations, sexual encounter establishment shall include massage or rap parlor and other similar establishments. SIGN shall mean any mark on any card, cloth, paper, metal, or painted character visible from outside of a structure, mounted to the ground or any tree, wall, bush, rock, fence, or structure, either privately or publicly owned. Sign shall also mean any graphic announcement, declaration, demonstration, display, illustration, or insignia, used to promote the interest of any person when the same is placed out of doors inview of the general public. SITE PlAN shall mean a plan, prepared to scale, sh~wing accurately and with complete dimensioning, all of the buildings, structures and uses and the exact manner of development proposed for a specific parcel of land. SMAll. ANIMALS shall mean pigmy goats, pigs, goats, sheep, poultry, rabbits, miniature horses, domestic animals and other such comparably sized animals distinguished from those described as large animals. SPECIAL EVENT SIGNS shall mean a temporary sign which advertises special events and activities such as grand openings, charitable events, and Christmas tree sales. Such signs are limited to the provisions listed in this chapter and the Zoning Ordinance. 22 SECTION 1.7 DEFINITIONS (cont.) 139. SPECIFIC ANATCMICAL AREAS shall mean: Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point inmediately above the top of the areolae; or 2. Human male genitals in a discernibly turgid state, even if co,~¥eltely and opaquely covered. 140. SPECIFIED SEXUAL ACTIVITIES shall mean: 1. The fondling or other touching of human genitals, pubic region, buttocks, anus, or female breasts; or 2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or 3. Masturbation, actual or simulated; or 4. Excretory functions as part of or in connection with any of the activities set forth in 1 through 3 above. 141. STABLE, CCMV~RCIAL shall mean a stable for horses, mules or ponies which are rented, used or boarded on a conmercial basis for compensation. 142. STABLE, NONCCI~MERC~ shall mean facilities for the keeping of horses not in excess of the numbers permitted by Section 2.1B5, whether or not owned and usedby the occupant of the property, without the auxilliary facilities normally associated with a comnercial stable. 143. STABLE, PRIVATE shall mean an accessory building for the keeping of horses, mules or ponies for the use of occupants of the premises so long as the n~bers of animals kept do not exceed those permitted by Section 2.1B5. 144. STATE shall mean the State of California. 145. STATUARY shall mean statues or sculptures that depict products, features, items, or logos of a business excluding those items that are considered design features or complements of the overall site such as wagons, benches, hand water pumps, troughs, and other like items. 146. STORY shall mean that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it. 23 SECTION 147. 148. 149. 150. 151. 152. 153. 154. 155. 156. 1.7 DEFINITIONS (cont.) STRRRT shall mean a public thoroughfare or right-of-way or approved private thoroughfare or right-of-way determined by the City Engineer to be adequate for the purpose of access, which affords the principal means of access for abutting property including avenue, place, way, drive, land, boulevard, highway, road and any other thoroughfare, except as excluded in this Ordinance. The word "street" shall include all major and secondary highways, traffic collector streets, and local streets. STRUCTURE shall mean a mobilehome or anything constructed or erected, building of any kind, or any piece of work artifically built up or composed of parts joined together in some definite manner, which requires location on or in the ground or is attached to something having a location on or in the ground, including swimming and wading pools and covered patios, excepting paved areas, walks, tennis courts, and similar outdoor areas, and further excepting fences or walls forty eight (48) inches or less in height. STRUCTURAL ALTERATION shall mean any change in or alteration to a structure involving a bearing wall, col~la~, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations, piles, retaining walls, or similar components. TMMPORARY SIGNS shall mean a sign erected for a temporary purpose attracting attention to an activity as provided for within this chapter. T~E shall mean the purpose for which land or a building is arranged, designed, or intended, or for which either land or building is or may be occupied or maintained. USEFUL LIFE shall mean the period of time in which a sign and all its parts, portions, and materials are maintained and kept in proper repair as specified in Section 7.4E2 of this chapter. VEHICLE SIGN shall mean a sign which is attached to or painted on a vehicle. I~T2, SIGN shall mean a sign painted on, attached to, or erected against the wall of a building or structure with the exposed face of the sign parallel to the plane of said wall. A parapet, mansard, or canopy wall sign shall be considered a wall sign, provided they are architecturally integrated with the building and do not project above the roofline. WHOLESALING shall mean the selling of any type of goods for purpose of resale. WINDOW SIGN shall mean a sign painted, attached, glued, or otherwise affixed to a window for the purpose of being visible from the exterior of the building. 24 SECTION 1.7 DEFINITIONS (cont.) 157. YARD shall mean any open space on the same lot with a building or ~-~-~ling group, which open space is unoccupied and unobstructed except for the projections permitted by this Ordinance. 158. YARD, FRONT shall mean a space between the front yard setback and the front lot line or future street line, and extending the full width of the lot. 159. YARD, REAR shall mean a space between the rear yard setback and the rear lot line, extending the full width of the lot. 160. YARD, SIDE shall mean a space extending from the front yard, or from the front yard lot where no front yard is required by this Ordinance, to the rear yard, or rear lot. 161. ZONING DEVEIDPMMYf CODE AND/OR ORDINANCE shall mean the Zoning Regulations of the City of Poway. 25 SECTION 2.0 In addition Residential the Ao Be Do go SECTION 2 RESIDENTIAL ZONES PURPOSES to the objectives outlined in Section 1.0 (Purposes and Scope) the Zones are included in the zoning development regulations to achieve following purposes: To reserve appropriately located areas for family living at a broad range of dwelling unit densities consistent with the General Plan and with sound standards of public health, safety and welfare. To ensure adequate light, air, privacy, and open space for each dwelling. To minimize traffic congestion and to avoid the overloading of public services and utilities by preventing the construction of buildings of excessive bulk or number in relation to the land area around them. To protect residential properties from noise, illumination, unsightliness, odors, smoke and other objectionable influences. To facilitate the provision of utlitity services and other public facilities commensurate with anticipated population, dwelling unit densities, and service requirements. RR-A thru C Residential Rural Zone This zone is intended as an area for very low density residential uses with minimum lot sizes of one (1) acre and maximum densities of ].0 unit per net acre. Additional uses are permitted that are complementary to, and can exist in harmony with, arural residential neighborhood. Specific slope criteria shall be applied in the determination of the maximum allowable densities to achieve compatibility with the topography and public service constraints. RS-2 Residential Single Family - 2 Zone This zone is intended as an area for low density residential use with a minimum lot size of 20,000 square feet and maximum density of two units per net acre. Additionaluses are permitted that are complementary to, and can exist in harmony with, low density neighborhoods. RS-3 Residential Single Family - 3 Zone This zone is intended as an area for single family residential development with minimom lot sizes of 15,000 square feet and maximum densities of 3.0 units per net acre. Additional uses are permitted that are complementary to, and can exist in harmony with, a residential neighborhood. 26 RS-4 Residential Single Family - 4 Zone This zone is intended as an area for single family residential development on minimum lot sizes of 10,000 square feet and maximum densities of 4.0 units per net acre. Additional uses are permitted that are complementary to, and can exist in harmony with, a residential neighborhood. RS-7 Residential Single Family - 7 Zon~ This zone is intended as an area for single family residential development on minimum lot sizes of 6,000 square feet and maximum densities of 7.0 units per net acre. Additional uses are permitted that are complementary to, and can exist in harmony with, a residential neighborhood. RC Residential Condominium Zone This zone is intended as an area for the development of Residential Condominiums with provisions for adequate light, air, open space and landscaped areas at a maximum density of 12 units per net acre. Additional uses are permitted that are complementary to, and can exist in harmony with, a residential condominium development. RA Residential Apartment Zone This zone is intended as an area for the development of Residential Apartments with provisions for adequate light, air, open space and landscaped areas at a maximum density of 20 units per net acre. Additional uses are permitted that are complementary to, and can exist in harmony with, a residential apartment development. SECTION 2.1 PERMI%TED AND CONDITIONAL USES: R ZONES The following uses shall be permitted; uses where the symbol "P" appears and uses subject to a Conditional Use Permit where the symbol "C" appears in the col~,,~ beneath each zone designation; the symbol "X" indicate prohibition: A. Residential Uses RR-A thru C RS-2 RS-3 RS-4 RS-7 RC RA Single family dwellings p p p p p p p 2. Guest dwellings or accessory living quarters. P P P P P P P 3. Second single family dwelling C on the same lot as an existing single family dwelling (See Section 2.3 A3) C C C C C C 27 SECTION 2.1 PERMITTED AND CONDITIONAL USES: R ZONES (cont.) A. Rmsidential Uses (cont.) 4. Mobilehomes on individual lots, X X X and permanent foundations which are certified under the National Mobile- home Construction and Safety Stand- ards Act of 1974 and which were constructed after October 1976. X P X X 5. Group residential, including but X X X not limited to boarding or rooming homes, dormatories, retirement homes (maximum units to be deter- by the use permit). C C C C Multiple dwellings a. Rental b. Individual unit ownership c. Condominium Conversions X X X X X P P X X X X X P X X X X X X C X B. Agricultural Uses ~-Ath~C ~-2 ~-3 ~-4 ~-7 RC ~ 1. All types of horticulture. P P P P P P P P P C C C C C Animal grazing and raising commercial or noncon~nercial, said property most be 1/2 acre or greater in size in Zones RS-3 through RA. (Sections 2.1B5, 2.1 B6 shall not apply.) Be 4-H or FFA animal raising and/or keeping in accordance with Section 6.1. P P P P P P P The wholesaling of products raised on the premises, only when said property is two (2) acres or greater in size. P P P P P P P Keeping of accordance (land must RC through large animals in with Section 6.3. be vacant in Zones RA). P P P P P P P Keeping of accordance (land must RC through small animals in with Section 6.4 be vacant in Zones RA). P P P P P P P 28 SECTION 2.1 PERMITI~D AND CONDITIONAL USES: R ZONES (cont.) B. Agricultural Uses (cont.) RR-A thru C RS-2 RS-3 R$-4 RS-7 e Keeping of dogs and cats (over the age of eight (8) months) a. Three (3) dogs and/or three (3) cats b. Six (6) dogs and six (6) cats Riding academies or c~nercial stables. (Section 2.1B5 does not apply.) P P P P P P P P P X X X X X Kennels, c~n~ercial and non- commercial (for dogs and/or cats greater than those permitted in Section 2. ] B7) in accordance with Section 6.5. C C C X X X X 10. The keeping of wild, exotic or nondomestic animals. C C C X X X X large Animal Hospital. Keeping of beehives: a. 1 to 3 beehives b. 4 or more beehives C X X X X X X C X X X X X X 13. The raising of earthworms providing: (a) the area devoted to the raising of earthworms shall not exceed 10 percent of the minimun lot size permitted in the zone; (b) the area devoted to the raising of earthworms shall be no closer than 50 feet from any adjoining residential dwelling; and (c) the operation shall be fully ~closed or in an enclosed structure. P C X X X X X C C X X X X X C. Public and Semi-Public Uses P P C C X X X Day nurseries, day care schools and nursery schools. 2. Convalescent Homes on sites two (2) net acres or greater in size (see Section 2.2 B9). X X X C C C C 3. Churches, convents, monasteries and other religious institutions. C C C C C C C C C C C C C C 29 RR-A thru C RS-2 RS-3 RS-4 RS-7 RC RA SECTION 2.1 PERMITTED AND CONDITIONAL USES: R ZONES (cont.) C. Public and Semi-Public Uses (cont.)RR-A thru C RS-2 RS-3 RS-4 RS-7 RC RA 4. Essential public services C C C C C C C including but not limited to libraries, museums, public parks and recreational facilities, safety services facilities, and other civic uses. 5. Educational Institutions C C C C C C C public or private schools not including art, business or trade schools and colleges. 6. Public utility and public C C C C C C C service sub-stations, reservoirs, pumping plants, and similar installations, not including public utility offices. 7. Private recreational facilities C C C C C C C including but not limited to country clubs, tennis and swim clubs, golf courses, racquetball and handball. Limited c~,~ercial uses which are c~only associated and directly related to the primary use are permitted. 8. Recreational Courts, including P P P P P P P but not limited to, tennis, paddle tennis and other similar uses determined by the Planning Services Director (see Section 6.2.) D. Home Occupations RR-A thru C RS-2 RS-3 RS-4 RS-7 RC Home occupations subject to the provisions of Section 6.]. E. Accessory Uses Accessory structures and uses located on the same site as a permitted use. 2. Accessory structures and uses located on the same site as a Conditional Use. F. Temporary Uses ]. T~porary uses as prescribed P in Section 6.0. 3O P P P P P P P P P P P P P P C C C C C C C P P P P P P SECTION 2.2 PROPERTY DEVEIO~ STANDARDS: R ZONKq The follc~ing property development standards shall apply to all land and buildings othe~ than accessory buildings, permitted in their respective residential zones. Any legal lo~ may be used as a building site, except no building permit shall be issued for a lot siz~ of less than 4,000 square feet. Each building site shall have a minimum 20-foot wid( vehicular access to a street. In situations where a rural residential or single famil~ residential lot is irregular, by virtue of its configuration, so as to prohibit or unduli restrict the construction of a single family home, within the required setbacks note~ herein, the Director of Planning Services shall have the authority to alter the setbac} locations (i.e. front, side and rear yards) to enable the property owner to enjoy the sam~ privileges as those enjoyed by other property owners in the same area. A. General Requirements The following requirements are minimemunless otherwise stated. Density-maximum dwelling units per net acre. RR-A thru C RS-2 RS-3 RS-4 RS-7 RC RA 0.025-1.0 2.0 3.0 4.0 7.0 12.0 20.0 (see Section 2.2B9) 2. Net lot area (in square feet). 3. a. lot width (in feet) b. Cul de-sac or odd-shaped lot width (in feet) 40AC-lAC 20,000 15,000 10,000 6,000 2 Acres 3 Acr (see Section 2.2B9) 110 100 80 70 60 ~35-Corner 165-Interior 30 30 30 30 30 - c. Flag lots 20 20 20 20 20 4. Lot depth (in feet) 150 5. Front yard setback 40 (in feet) 150 100 100 100 135-Corner 165-Interior 30 25 25 25 20 20 6. Side yard setback 20/20 each side (in feet) 5/15 10/ 0 10/10 5/10 15/15 5/15 7. Side yard, setback 20 street side (in feet) 15 10. 10 10 20 20 8. Rear yard setback 50 (in feet) 40 40 25 25 15 15 9. Lot coverage, 35% maximum 35% 35% 35% 40% 40% 40% 10. Building and struc- ture height (in feet) 35 feet or 2 stories, whichever is less 31 ~CTION 2.2 PROPERTY DEVELOPMENT STANDARDS: R ZONES (cont.) General Requirements (cont.) RRA thru C RS-2 RS-3 RS-4 RS-7 RC Parking spaces per unit (covered means a carport; in the RC Zone carports may be approved by the City Council. ) 2 2 2 2 2 ]. 75 spaces (~ garage) / ] Bedroom unit 2.75 spaces (2 garages) / 2 Bedroom unit 3.00 spaces (2 garages) / 3 Bedroom > ~nnit ]2. Distance between buildings, not exceeding ]5 feet in height, in feet. 15 Distance between buildings, where one or more exceed ]5 feet in height, in feet. Special Requirements 25 In all Residential Zones the following special requirements are applicable: ]. Front yard setbacks in subdivision tract developments may be reduced up to 40% on a maximum of one-half (1/2) of the units however no setbacks shall be less than eighteen (]8) feet to the garage for front entry and, fifteen (]5) feet to the garage for side entry. 2. Street setbacks shall be measured from the ultimate street right-of-way or the maximum required street width if said street is proposed to be private or is now a private street. Each lot or parcel on a cul-de-sac, curved street or dead-end street shall meet the minimum lot width requirement at the required front setback of the zone except for the RC and RA zones. (See example below). 32 ].5 space (] covere 1Bedroo~ unit 2.25 spac (]covere 2 Bedroom units 2.75 spac (] covere 3 Bedroom unit ~5 ]5 SECTION 2.2 PROPERTY DEVELOPMt~qT STANDARDS: R ZONES (cont.) B. Special Requir~nents (cont.) e Flag lots shall meet the minimum lot width requirement at the termination of the flag except for the RC and RA zones (see example below). 0 e The flag portion of a flag lot shall not be counted toward the minimum lot area requirement. lot coverage shall include all buildings, carports, structures and accessory buildings and structures. Patio covers, open on three sides, pools, spas and freestanding open air gazebos and patios shall not count toward the lot coverage requirement. For public and feet landscaped zone. semi-public buildings and uses a minimum of fifty (50) setback shall be maintained from any single family In RC and RA Zones, any building exceeding fifteen (15) feet in height shall maintain a minimum setback of fifty (50) feet from any single family zone; and buildings less than fifteen (15) feet in hei~ht shall maintain a minimum setback of twenty-five (25) feet from any single family zone. In situations where the adjacent single family zone property is six (6) feet or greater in height above the RA or RC zoned property, a minimum setback of twenty-five (25) feet shall be maintained. Ail convalescent homes and/or hospitals shall be limited to areas with natural slopes of ten (10) percent or less. 33 SECTION 2.2 PROPERTY DEVEIDPMENT STANDARDS: R ZONES (cont.) Special Requirements (cont.) 10. All development in the floodplain shall be in accordance with the National Flood Insurance requirements and local ordinance. 11. Conversions of existing garages into habitable space is permitted only when replaced with the equivalent covered parking as required by on Section 2.2A11 or such that was provided at the time the dwelling was constructed, whichever is less. In the RR-A thru C Zomm.q, slope calculations shall be based on the measured rise overrun calculations of a topographic map of said property to established lot sizes. Density of development shall also take into consideration the availability of public water to the property. To compute slope the following formula shall be used: (CLx I x S) 12. Where CL = Length of Contours I = Contour Interval S = Scale of Map NA = Net Area in Square Feet The average slope of each parcel shall be consistent with the slope requirement for the total site. lot sizes shall be as follows: nec acre SECTION 2.2 'PROPERTY DEVELOPMENT STANDARDS: R ZONES (cont.) B. Special Requirements (cont.) Within the High Valley area (boundaries of County Service Area No. 5) the following criteria shall apply: 14. 15. a. Ail requirements of the Rural Residential B category shall apply except the slope density determination; b. Two net acres shall be the minimum lot size; Ce Ail lots proposed for division less than eight net acres in size shall include a minimum of one contigious net acre building site with an average slope less than 25 percent; and The building site shall be logically located in regard to access consistent with City ordinances and policies and the preservation of significant natural resources such as watercourses, significant tree-stands, rock-outcroppings, or ridgelines. Lot averaging in the RR-A through RR-C may be utilized at the time of subdivision consideration. The purpose of lot averaging is to ensure the preservation of unique topographic features, riparian woodland areas and other features of significant coL~m~nity importance as open space. The method of design for a lot-averaging subdivision is as follows: a. The density of the development (n~nber of available lots) is calculated as described in Section 2.2B]2. b. The area(s) to be left as open space is determined. The available lots are distributed within the remaining area of the property with no lot to have an area less than the minimum lot size permitted within that zone. do None of the lots, including the open space lot(s), can be further divided, and a covenant to that effect shall be recorded against the property and in favor of the City of Poway. e. Submittal of an acceptable standard subdivision design. Driveways in the RS-3 through and including the RS-7 zone, shall be constructed of portland concrete cement. In the RS-2 and RR-A through RR-C driveways shall be all weather surfaces in accordance with the latest adopted Uniform Fire Code and adopted City standards. 35 SECTION 2.3 PERFORMANCE STANDARDS: R ZONES A. In all R Zones, the following performance standards shall be met: Air conditioners, antennas, heating, cooling ventilating equipment and all other mechanical, lighting or electrical devices shall be so operated thay they do not disturb the peace, quiet and comfort of neighboring residents and shall be screened, shielded and/or sound buffered from surrounding properties and streets. Ail equipment shall be installed and operated in accordance with all other applicable Ordinances. Heights of said equipment shall not exceed the required height of the zone in which they are located. Required front and street side yards shall be landscaped and shall consist predominantly of trees, plant materials, ground cover and decorative rocks, except for necessary walks, drives and fences. Ail required landscaping shall be permanently maintained in a healthy and thriving condition, free from weeds, trash and debris. 3. For second single family units located on the same lot as an existing single family dwelling the following standards must be met: a. The lot size shall be no less than two times the minimum net area required by the residential zone in which the property is located. b. The lot shall not be further subdividable by deed restriction or other means acceptable to the City. c. The second unit shall be attached to the main residence by a sound structural means approved by the Building Division of the Department of Planning Services. d. The second unit shall not exceed one story in height unless it is contained within or an addition to a two-story structure. e. The second unit shall not encroach into the yard setback area and no variance shall be granted for encroachment into the setback. f. The ordinance shall restrict second units to homes built prior to the effective date of this ordinance. g. The second unit shall be similar in construction, materials and appearance to the main structure. h. One additional on-site covered parking space shall be provided. i. Proof shall be provided to the Director of Planning Services that the additional unit will not overburden the available sewer and/or water capacity of the area. e Ail utility 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. Power lines and overhead cables shall be installed underground. The noise level emnating from any residential use or operation shall not exceed 60 dBA CNEL for the RR-AthroughC and RS zones and 65 dBA CNEL for the RC and RA zones, as the acceptable outdoor noise exposure level when measured at the property line. The interior noise levels shall not exceed 45 dBA CNEL for all residential uses. 36 SECTION 2.3 PERFORMANCE STANDARD~: R ZONES (cont.) For schools, libraries, churches, hospitals, nursing homes, park and recreation areas, the outdoor acceptable exposure level shall not exceed 70 dBA CNELwhen measured at the property line. Energy 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 cons~¥tion requirements, including, but not necessarily limited to, the following conservation measures: a. Cogeneration; b. South facing windows; c. Eave coverage for windows; d. Double glazed windows; e. Earth berming against exterior walls; f. Green houses; and g. Deciduous shade trees. In the RC and RA Zone, including the conversion of apartments to condominioms where permitted by Section 2.1A4c, the following performance standards shall be met: 1. Masonry walls eight (8) feet in height, from the hi?~est finished grade, shall be required on the rear and side property lines. No walls are required on street side yards unless needed for noise attenuation and/or privacy. 2. Where a lot fronts on more than one street it shall be considered to have nmltiple frontages and be required to meet the front yard setback requirement on all street frontages. 3. When a RC and/or RA lot is adjacent to any single family zone, a mininmm of fifteen (15) feet of landscaping shall be maintained on the RC and/or RA lot between such uses. No less than ten (10) percent of the floor area shall be provided as private open area per ground floor unit and for units contained wholly on the second story. De A minimum of two hundred fifty (250) cubic feet of lockable, enclosed storage per unit shall be provided in the garage or carport area; substitutions may be approved by the City Council. 6. The following recreation facilities shall be provided at a minimum unless waived by the City Council: a. landscaped park-like quiet area; b. Children's play area; c. Family picnic area; and d. Swin~ning pool with cabana or patio cover. 37 SECTION 2.3 PERFORMANCE STANDARDS: R ZONES (cont.) A minimum of two (2) clothes ~shers and one (1) clothes dryer per eight (8) dwelling units located conveniently throughout the development. In the RC zone, the provision of one (1) clothes washer and one (1) clothes dryer hook-upper dwelling unit shall meet the aforementioned requirement. Individual trash areas, screened from view of the roadway, shall be provided for each dwelling unit in the RC Zone; conveniently located trash enclosures, per City standards, shall be provided for dwelling units in the RA Zone. A minimum of fifty (50) trees per net acre shall be required as part of the landscaping requirements; twenty (20) percent shall be twenty-four (24) inch box size or larger, seventy (70) percent shall be fifteen (15) gallon size and ten (10) percent shall be five (5) gallon size. 10. Rmcreation vehicle parking areas shall be provided, fully screened from view or the development shall prohibit all parking of recreation vehicles. SECTION 2.4 ACCESSORY STRUCI1JRES: R ZONES Accessory Buildings and Structures. Accessory buildings and structures, attached or detached, used either wholly or in part for living purposes, shall meet all of the requirements for location of the main structure as constructed or required by the zone, whichever is less restrictive; except as herein provided. Accessory buildings or structures t_hat are attached to the main building shall be allowed to encroach into the required rear yard setback up to one-half (1/2) of the distance. 2. A detached accessory structure shall meet the setback requirements of the main building for the front and street side yard areas. A detached accessory structure may be located within an interior side yard or rear yard; provided, that such structure is located no closer than five (5) feet to an interior side or rear lot line and is at least ten (10) feet from themain structure. Canopies, 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: Shall not exceed fifteen (15) feet in height or project closer than five (5) feet to an interior side yard or closer than ten (10) feet at the rear lot line. SECTION 2.4 ACCESSORY STRUCTURES: R ZONES (cont.) e Shall be entirely open on at least three sides for patios and canopies except for necessary supporting columns. A roof connecting amain building and an accessory building shall be open on two sides. Ce Other Structures. Porches, steps, architectural features, such as eaves, awnings, and chimneys, and balconies, stairways, wing walls or bay windows my project not more than four (4) feet into any required front or rear yard area, nor into any required side yard area more than one-half of said required side yard. SECTION 2.5 WAIIg AND ~ENCES: R ZONES Ae In any required front yard or side yard adjacent to a street, a wall or fence shall not exceed forty-eight (48) inches in height, except as herein provided. A wall or fence not more than six (6) feet in height may be maintained along the interior side or rear lot lines, except as required by Section 2.3B1; provided, that such wall or fence does not extend into a required front yard or side yard adjacent to a street except for noise attenuation as required by the City and as herein provided. Ce A wall or fence adjacent to a driveway or street providing vehicular access to an abutting lot or street shall not exceed forty-eight (48) inches in height within fifteen (15) feet of the intersection of said driveway and the street right-of-way. Corner cut-offs may be required in special circumstances for safety and visibility (see examples below). A wall or fence may be constructed no closer than (5) feet to the ultimate right-of-way at a maximum height of six (6) feet when there is no parkway planting area adjacent to the sidewalk. Where there is a parkway planting area adjacent to the curbing no setback is required to construct a fence six (6) feet in height. 39 SECTION 2.5 WAI.I.~ AND FENCES: R ZONES (cont.) E. Fiberglass sheeting, bamboo sheeting or other similar temporary material shall not be permitted as a fencing material on street yard frontages. SECTION 2.6 SIGNS: R ZONES No sign or outdoor advertising structure shall be permitted in any R Zone except as provided in Section 7. SECTION 3.0 PURPOSES SECTION 3 COt~4ERCIAL ZONES In addition to the objectives outlined in Section 1.0 (Purposes and Scope), the Con~nercial Zones are included in the zoning development regulations to achieve the following purposes: Ao Be To provide appropriately located areas for office uses, retail stores, service establishments, and wholesale businesses, offering conmodities and services required by residents of the City and its surrounding market area. To encourage office and conmercial uses to concentrate for the convenience of the public and for a n~re mutually beneficial relationship to each other. C. To provide adequate space to meet the needs of modern conmercial development, including off-street parking and loading areas. Fo To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them. To protect co~ercial properties from noise, odor, smoke, unsightliness, and other objectionable influences incidential to industrial uses. To promote high standards of site planning, architecture and landscape design for office and conmercial developments within the City of Poway. CO Commercial Office Zone This zone is intended as an area primarily for the development of professional, administrative offices, ancillary retail uses with setback, landscaping and architectural requirements designed to make such uses relatively compatible with residential uses. CN Co~:m~ercialNeighborhood Zone This zone is intended for neighborhood shopping centers which provide limited retail business service and office facilities for the convenience of residents of the neighborhood. These shopping centers are intended to be compatible with a residential environment as at locations indicated on the General Plan. CG C~ercial General Zone This zone is intended as an area for the location of roadway-oriented retail service and wholesale co,~ercial activities. CC C~.ercial Co~z~nity Zone This zone is intended for co.~,~nity co.~ercial, regional, and subregional comnercial uses in a centralized area unified by architectural, landscaping design and development standards. 41 SECTION 3.1 PERMITIED AND CONDITIONAL USES: C ZONES %he following uses shall be permitted uses where the symbol "P" appears and shall be permitted uses subject to a Conditional Use Permit where the symbol "C" appears in the col~m~ beneath each zone designation; where the symbol "X" appears the use is prohibited. CO CN CG CC A. Administrative and Professional Services, including, but not limited to administrative offices; financial institutions, accounting and auditing services; clerical and legal services; counseling services; public utility company offices; medical, dental and related health services. P P P P Be General Co~nercial Uses 1. Adult Businesses as defined in Section 1.7A6 through 15 (see Section 6.7) X X P X Antique shops (no outdoor storage and/or display except as permitted by Section 3.3) X P P X 3. Apparel stores X P P P 4. Art, music and photographic studios and supply stores X P P P 0 Appliance stores and repair (no outdoor storage and/or display except as permitted by Section 3.3) X P P P 6. Arcades and electronic games (see Section 6.6) X C C X 7. Athletic and Health Club C P P P Be Automobile and or truck services, including, but not limited to body repair, painting, and ear washes (within a c~upletely enclosed building); sales, rental agencies X X C C 9. Bakeries - retail only X P P P 10. Barber and beauty shops X P P P 11. Bicycle shops, non-motorized X P P P 12. Blueprint and photocopy services when operated in conjunction with a professional office of engineer- ing, planning, surveying, archi- tecture drafting. 42 P P P P SECTION 3.1 PERMITTED AND CONDITIONAL USES: C ZONES (cont.) B. General Conmercial Uses (cont.) 13. Boat and camper sales and services X X 14. Book, gifts, and stationery stores X P 15. Candy stores and confectionaries X P 16. Catering establishments X P 17. Cleaners including dry cleaning X P with or without cleaning machinery on-site 18. Conmercial Recreation Facilities X C not otherwise listed 19. 20. 21. Eating and drinking establishments a. Bars (no entertainment) X b. Night clubs, cabarets, restaurants, coffee shops, delicatessens: 1. with alcoholic beverages C and/or entertainment la. with beer and wine C and/or entertainment 2. without alcoholic beverage C but including entertainment 3. without alcoholic beverage P c. Snack bars, take-out only, refreshment stands contained P within a building d. Fast food restaurants with C drive-in or drive throug~h e. Fast food restaurants with C drive-in or drive-through in conjunction with a center development Equipment rental yards including, but not limited to, trucks, trailers, hitches and service thereof Feed and tack stores (no outdoor storage and/or display except as permitted by Section 3.3) Florists shops Food stores and supermarkets, drug stores with and/or without pharmacies X X C X 22. 23. X X P C P P C C X P P P C P C P P C C C P P P 43 X C P C P P X C X X P P SECTION 3.1 PERMI%TED AND CONDITIONAL USES: B. General CoL~u.ercial Uses (cont.) 40 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 41. 42. Furniture stores, with or with- out repair and upholstery (no outdoor storage and/or display except as permitted by Section 3.3) Gasoline dispensing and/or automotive service stations Hardware stores Hobby shops Hotels and motels Janitorial services and supplies Jewelry stores C ZONES (cont.) Junior department, department stores, discount department stores and membership department stores, Kiosks, including, but not limit- ed to photo sales located in the parking lot CO CN CG CC X P p p X C C X X P p C X P p p X X P p X P P X X P p p X X P p X C C X Liquor stores X P p p Mortuaries C C P X Motorcycle sales and services including motorized bicycles X Newspaper and magazine stores, X including printing and publishing X C C P P P Nurseries and garden supply stores; X provided, all equipment and supplies shall be kept within an enclosed area Office supplies/stationery stores P Parking facilities (co~','~ercial) where fees are charged Pharmacies Photocopying Services Printing shops P P P P P P P P X P P P P P P P P X P P X SECTION 3.1 PERMITTED AND CONDITIONAL USES: C ZONES (cont.) B. General Commercial Uses (cont.) OD CN CG CC 43. Recycling drop-off bins located X C in the parking lot or other suit- able area with property owners' permission, other than charitable or school sponsored permitted by Section 6.0. 44. Retail stores and shops including X P but not limited to variety, shoe, toys 45. Sign painting shops within a X X c~upletely emclosed building X X 46. Stamp and coin shops X P P P 47. Sw~n~,ing pool supplies X P P P 48. Television, radio sales and X P P X repair 49. Theaters (motion picture and X C playhouse) with or without an arcade, see Section 3.2B6 Tire sales and service C C C C C C C X C X C C C X X X C X 45 51. Travel agencies 52. Vehicle storage yard 53. Veterinary offices or animal hospitals a. Small animal b. large animal Public and Semi-public Uses 1. Day nurseries, day care schools 2. Convalescent homes and hospitals on sites two (2) net acres or greater in size (see Section 3.2B4) ~50. X X C C P P P P X C C X SECTION 3.1 PERMI%~fED AND CONDITIONAL USES: C ZONES (cont.) C. Public and Semi-public Uses (cont.) 3. Clubs and lodges including YMCA YWCA, and similar youth group uses (no alcoholic beverages shall be served or sold except for special events permitted by Section 6.0. Clubs and lodges serving or selling alcoholic beverages under other conditions shall come under the provisions of 3.1B19.) Educational institutions, for greater than thirty (30) students, public or private, including vocational schools 5. Post Office branch 6. Religious institutions 7. Group care facilities and resi- dential retirememt hotels (maximum units to be detemined by theuse permit.) Accessory Uses 1. Accessory structures and uses located on the same site as a permitted use. 2. Accessory structures and uses located on the same site as a Conditional Use Temporary Uses Temporary uses as prescribed in Section 6.0. P P OD CN CG CC P P X P C X P C X P X X C P SECTION 3.2 PROPERTY DEVELO~ STANIIa_RDS: C ZONF. q The following property development standards shall apply to all land and buildings permitted in their respective commercial zones. Any legal lot may be used as a building site, except no building permit shall be issued for any lot having lot size of less than 4,000 square feet. Each building site shall have a minimum 20-foot wide vehicular access to a public street· A. General Requirements The following requirements are minimums unless otherwise stated· CO CN CG CC 1. lot area, square feet or acres 10,000 3 acres 10,000 N/A 2. lot width, (in feet) 100 300 60 0 3. lot depth, (in feet) 100 300 100 0 4. Front yard setback (in feet) 20 20 20 20 5. Side yard setback (in feet) 0/10 0/10 0/10 0/10 6. Side yard, setback street side 20 20 20 20 (in feet) 7. Rear yard (in feet) 0 0 0 0 8. lot coverage, maximum 40% 35% 30% 30% 9. Building height 35 feet maximum or t~wo stories, whichever is less Off-street parking (see Section 8) B. Special Requirements In any C Zone, a minimom setback of twenty-five (25) feet shall be required wherever a lot in the C zone abuts a lot in any residential zone. Said setback may be used for required open off-street parking areas. The setback may be increased by the City Council in situations were additional distance would help to mitigate or alleviate potential problems or hazards· 2. In any C zone, the average setback shall be no less than the minimum of the zone. The minimum setback shall be no less than ten (10) feet. In the CC zone, new construction and reconstruction or rehabilitation of existing buildings and/or sites shall be in accordance with the following design criteria: 47 SECTION 3.2 PERFORMANCE DEVEIODPMENTSTANDARDS: C ZONES (cont.) B. Special Requirements (cont.) Development Plan. A development plan shall be prepared for the entire site under consideration regardless of whether development is cont~plated in the near f~ure. 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 ~nction. Site Development Standards. The site development standards shall be consistent with the requirements of the CC zone as indicated in Section 3.2A and herein. The standards shall be reminiscent and reflective of the early farming and rural country character of Poway and consistent with the Co,~nity Design Element of the General Plan. The site plan should try and use imaginative, creative and stimulating architectural design with special consideration given to the provision of the following items: 1. low intensity lighting; 2. pedestrian comfort stations; 3. generous landscaping; 4. decorative paved walkways; 5. basic design theme; 6. separation of pedestrian and vehicular rights-of-way; and 7. architecturally integrated ground mounted equipment such as trash receptacles and transformers. 4. All convalescent hospitals and all conmercial uses shall be limited to areas with natural slopes of ten (10) percent or less. 5. All development in the floodplain shall be in accordance with the National Flood Insurance requirements and local ordinance. 6. Theaters may contain arcades when the following conditions are met: a. no outdoor entrance; b. a minimum of two (2) toilets and one (1) wash basin is provided for each gender; c. hours of operation shall be those of the theater; d. all gambling is prohibited; e. all alcoholic beverage sale and/or consumption on-site is pro- hibited. SECTION 3.3 PERFORMANCE STANDARDS: C ZONES In all C zones, required front and street side yards shall be landscaped. Said landscaping shall consist predominently of plant materials except for necessary walks and drives. Ail planting and irrigation shall be in accordance with the City's Landscape Manual. All required landscaping shall be permanently maintained in a healthy and thriving condition, free from weeds, trash, and debris. SECTION 3.3 PERFORMANCE STANIIARDS: C ZONES (cont.) Where a co,~,ercial or office use abuts property in any residential zone, a masonry wall eight (8) feet in height from the highest finished grade at the property line shall be erected and maintained between such uses and the residential zone. In addition, fifteen (15) gallon trees, twenty (20) feet on-center, and shrubbery shall be installed and maintained along the inside of the wall in a five (5) foot wide, raised landscaped planter to provide a dense landscape screen. Wherever off-street parking areas are situated across the street from 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 said parking areas from the residential properties. De The noise level emanating from any con~nercialuse or operation shall not exceed five decibels (as defined in the Occupational Safety and Health Act of 1970) above the ambient level of the area measured at the property line. All ground mounted mechanical equipment, including heating and air conditioningunits, and trash receptacle areas, shall be completely 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 and Building Official. 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. Reciprocal ingress and egress, circulation and parking arrangements shall be required to facilitate the ease of vehicular movement between adjoining properties. He Lighting. All light sources shall be shielded in such a manner that the light is directed away from streets or adjoining properties. Illuminators should be integrated within the architecture of the building. Freestanding la~v posts shall be no taller than eighteen (18) feet. The intensity of light at the boundary of any C zone shall not exceed seventy-five (75) foot lamberts from a source of reflected light. All exterior lighting shall be low pressure sodium. All utility 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 an appropriate screening treatment. Power lines and overhead cables shall be installed underground except for those 34KV and greater. 49 SECTION 3.3 PERFORMANCE STANDARDS: C ZONES (cont.) Outdoor Storage and/or Sales Areas shall be entirely enclosed by solid masonry walls not less than six (6) feet in height to adequately screen view of outdoor storage areas from view. Reasonable substitutions such as masonry, wood or metal pilasters with wrought iron or chain link and view- obscuring material may be approved by the City Council. Re Air Pollution. There shall be no emission on any site, for more than one minute in any hour, of air contaminants which, at the emission point or within a reasonable distance of the emission point, are as dark or darker in shade as that designated as No. 1 on the Ringelman Chart as published in the United States Bureau of Mines Information Circular 7718. L. Odor. No use shall be permitted which creates odor in such quantities as to ~-~ readily detectable beyond the boundaries of the site. Testing. standards owner or Copies of Services. Whenever there is a question of conformance with the performance of this Section, the Planning Director shall require the property operator to engage the services of a certified testing firm. all such tests shall be furnished to the Director of Planning Ne Energy Conservation. Buildings shall be located on the site to provide adjacent buildings adequate sunlight for solar access. Ail new construction and remodeling shall be preplumbed for solar hot water heating for the co,',~'~Dn facilities or reasonable alternatives that do not appreciably increase energy demand may be approved by the City. Buildings shall be designed to minimize energy consumption requirements, including but not necessarily limited to, the following 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; and 7. Deciduous shade trees. In all C Zones the conversion of the project to condominium ownership shall meet all requirements of the zone to the maximum extent possible within the constraints of the existing development. In no case shall the requirements of the Fire Code, Sign Ordinance, and screening standards be waived. Specific City Council waiver shall be required where the zone requirements cannot be met. 5O SECTION 3.4 ACCESSORY STRUCTUI~F~R: C ZONES A. In any C zone, accessory structures shall not be located in front of or on the street side of the main building(s). B. In any C zone, accessory structures shall meet all of the setback require- ments for main buildings. In any C zone, porches, steps, architectural features such as canopies or eaves, and chimneys, balconies or stairways may project not more than four (4) feet into any required yard area. SECTION 3.5 WALT.q AND FENCES: C ZONES A. In any required front or street side yard area, a wall or fence shall not exceed forty-ei.ght (48) inches in height. B. In any required rear or interior side yard area, a wall or fence shall not exceed six (6) feet in height except as required by Section 3.3B. SECTION 3.6 SIGNS: C ZONES No sign or outdoor advertising structure shall be permitted in any C zone except as provided in Section 7. 51 SECTION & MANUFACTURING ZONES SECTION 4.0 PURPOSES In addition to the objectives outlined in Section 1.0 (Purposes and Scope), the Manufacturing Zones are included to provide for a quality working environment and to achieve a harmonious mixture of uses which might otherwise be considered incompatible when located in close proximity. Activities are intended to promote employment opportunities in manufacturing, service, research and development, engineering and wholesale trade. In addtition, the Manufacturing Zones are included to advance the following objectives: A. To reserve appropriately located areas for industrial use and protect these areas from intrusion by dwellings and other inharmonious uses. Be To protect residential and co.~ercial uses from noise, odor, dust, smoke, light intrusion, truck traffic, and other objectionable influences and to prevent fire, explosion, radiation, and other hazards incidential to certain industrial activities. To provide sufficient open space around industrial structures to protect them from hazard and to minimize the impact of industrial operations on nearby residential or commercial zones. To minimize traffic congestion and to avoid the overloading of utilities by restricting the construction of buildings of excessive size in relation to the amount of land around them. MPManufacturing Park Zone This zone is intended as an area for modern industrial, research, and administrative facilities that can meet high performance and development standards. MS Manufacturing Service Zone This zone is intended as an area for light industrial and limited service conmercial uses that can meet high performance and development standards in a highway and service oriented area. Retail commercial uses in conjuction with a permitted or conditional use are permitted to occupy up to 25 percent of the gross floor area. SECTION 4.1 PEEMITI~ED AND CONDITIONAL USES: M ZONES The following uses shall be permitteduseswhere the symbol "P" appears and shall be permitted uses subject to a Condutional Use Permit where the symbol "C" appears in the col~L~, beneath each zone designation. Where the symbol "X" appears the use shall be prohibited. 52 SECTION 4.1 PERMITrED AND CONDITIONAL USES: M ZONES (cont.) Ao Be Manufacturing Manufacturing, compounding, assembly or trea~nent of articles or merchandise from the following previously prepared typical materials such as canvas, cellophane, cloth, cork, felt, fiber, fur, glass, leather, paper (no milling), precious or semi-precious stones or metals, plaster, plastics, shells, textiles, tobacco, wood, and yarns; novelty ite~ns, (not including fireworks or other explosive type items), electrical and related parts; elec- trical appliances, motors, and devices; radio, television, phonograph, and computers; elec- tronic precision instruments; medical and dental instrunents; timing and measuring in- struments; audio machinery; visual machinery; cosmetics, drugs, perfumes, toiletries, and soap (not including refining or rendering of fats or oils). 2. Furniture upholstering. 3. Rubber and metal st~¥ manufacturing. 4. Laboratories; chemical, dental, electrical, optical, mechanical, and medical. 5. Bottling plants. 6. Cement products manufacturing. 7. Citrus and avocado packing houses. 8. Citrus and avocado products manufacturing, including frozen foods. Storage and Wholesale Trades 1. Mini storage, public storage, and storage warehouses. 2. Moving and storage firms. 3. Building materials and lumber storage yards and/or contractors yards. 4. Building equipment storage, sales, rentals. 5. Automobile fleet storage. 6. Trailer, truck or bus terminal. 53 P P P P P P P P P P X C X C X C X C C P X C X C C C X C SECTION 4.~ PERMITI~D AND CONDITIONAL USES: M ZONES (cont.) C. Services 0 4. 5. 6. e Animal hospital or veterinary clinic and/or office. a. large animal b. Small animal Automobile, and/or truck services including but not limited to sales, rental agencies, body repair, painting, and car washes. Blueprinting and photocopying. Cleaning and dyeing plant. Distributors, showrooms, and administrative offices. P C C P P x C P P X C P Eating and drinking establishments a. Bars X b. Nightclubs, cabarets, restaurant, coffee shops, delicatessens: 1. With alcoholic beverages and/or entertainment. C 2. Without alcoholic beverages, but including entertai~,l~ent. C 3. Without alcoholic beverages p c. Snack bars, take-out only, refreshment stands P contained within a building. d. Fast food restaurants with drive-in or drive- X through. Furniture sales, new and used (no outdoor sales and/or display except as permitted by Section 4.3L). P P Gasoline dispensing and/or automotive service stations. 9. Kennels (see Section 6.5). X 10. Motels, hotels, and convention centers. C 11. Newspaper publishing, printing and distribution, p general printing, and lithography. 12. Offices, businesses, medical professional, real P estate, and research. 13. C C P Retail cu~uercial when in conjunction with a per- mitted or conditional use and not occupying more than 25 percent of the gross floor area. Tire retreading and recapping. X C C P P SECTION 4.1 PERMITTED AND CONDITIONAL USES: M ZONES (cont.) D. Public and Semi-Public Uses Day nurseries, day care schools and nursery schools. 2. Post offices and post terminals. 3. Public utility pumping stations, equipment buildings, and installation. 4. Public utility service yards· 5. Educational institutions public or private including vocational schools. 6. Religious institutions. E. Agricultural Uses Farms or ranches for orchards, tree crops, field crops, truck or flower gardening, and growing of nursery plants, including the sale of products raised on the premises. Animal grazing and raising, commercial or non- comnercial, only when said property is vacant and one (1) acre or greater in size. F. Accessory Uses 1. Accessory structures and uses located on the same site as a permitted or conditional use. Incidental services for auployees on a site occupied by a permitted or conditional use, including day care, recreational facilities, showers and locker rooms. Watchman's or caretaker's living quarters only when incidental to and on the same site as a permitted or conditional use. G. Temporary Uses Temporary uses as prescribed in Section 6·0· 55 C C C C C C X C C C C C P P P P P P P P C C P P SECTION 4.2 PROPERTY DEVELO~ STANDARDS: M ZONES The following property development standards shall apply to all land and buildings other than accessory buildings authorized in this zone. Any legal lot may be used as a building site, except no building permit shall be issued for any lot having a lot size less than 4,000 square feet. Each building site shall have a minimum 20 foot wide vehicular access to a street. A. General Requirements MS MP The following requirements are minimums unless otherwise stated. 1. lot area, net square feet 15,000 40,000 2. lot width (in feet) 100 150 3. lot depth (in feet) 150 150 4. Front yard setback (in feet) 20 25 5. Side yard setback each side (in feet) 0/10 0/10 6. Street side yard setback each side (in feet) 20 20 7. Rear yard setback (in feet) 0 0 8. lot coverage, maximum 40% 60% 9. Building height, maximum 35 feet or 2 stories, v~hichever is less 10. Distance between detached structures on 15 20 the same lot, measured in linear feet between eaves 11. Off-street parking (see Section 8) B. Special Requirements When any M zone a minimum setback of twenty-five feet (25) feet shall be required wherever a lot in the C zone abuts a lot in any residential zone. Said setback may be used for required open off-street parking areas. The setback may be increased by the City Council in situations where additional distance would help to mitigate or alleviate potential problems or hazards. 2. When any M zone or rear yard abuts a nonresidential zone, the respective minimum setback may be reduced to zero. 3. In any M zone, the average setback shall be no less than the minimum of the zone. %he minimom setback shall be no less than ten (10) feet. 56 SECTION 4.2 PROPERTY DEVEIO1RMENT STANDARDS: M ZONES (cont.) B. Special Requirements (cont.) 0 Along all street frontages situated across from any residentially zoned property, a minimum three foot high landscaped earthen berm shall be constructed. Along all other lot lines adjacent to residential zones, a maximum eight (8) foot high masonrywall shall be constructed. Fences should blend in with the site's architecture. In addition, along adjacent lot lines to residentially zoned property, fifteen (15) gallon trees twenty (20) feet on-center and shrubbery shall be installed and maintained along the inside of the wall in a five (5) foot wide, raised landscape planter to provide a dense landscape screen. Streetscapes shall be enhanced to provide an ease in the transition from the street to the building. Patios, parking and circulation spaces can be included in setback areas to help buffer adjoining parcels from one another. 0 Recriprocal ingress and egress, circulation and parking arrangements shall be required where possible and feasible to facilitate ease of vehicular movement between adjoining properties and to limit superfluous driveways. 7. Ail development in the floodplain shall be in accordance with the National Flood Insurance Requirements and local ordinances. 57 SECTION 4.3 Be Co PERFORMANCE STANDARDS: M ZONES In all M zones the required setbacks shall be landscaped, landscaping shall consist predominantly of plant materials and shall be irrigated by automatic sprinklers. Ail planting and irrigation shall be in accordance with the City's Landscape Manual. All landscaping shall be permanently maintained in a clean and healthy and thriving condition, free of weeds, trash and debris. Ail ground mounted mechanical equipment, including heating and air conditioning units and trash receptacle areas, shall be completely screened from surrounding properties by use of a parapet, wall or fence, or shall be enclosed within a building. Exposed gutters, downspouts, vents, louvers, and other similar elements shall be painted to match the surface to which they are attached unless they are used as part of the design theme. Ail utility connections shall be designed to coordinate with the architectural elements oC 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 an appropriate screening treatment. Power lines and over cables shall be installed underground except for those 34KV and greater. 58 SECTION 4.3 PERFORMANCE STANDARDS: M ZONES (cont.) ge Ge Lighting. Ail light sources shall be shielded in such a manner that the light is directed away from streets or adjoining properties. Illuminators shall be integrated within the architecture of the building. Freestanding lamp posts shall be no taller than 18 feet. The intensity of light at the boundary of any M zone shall not exceed seventy-five (75) foot lamberts from a source of reflected light. All exterior lighting shall be low pressure sodium. Electrical Disturbance, Heat and Cold, Glare. No use except a construction operation shall be permitted which creates changes temperature or direct glare, detectable by the human senses without the of instruments, beyond the boundaries of the site. No use shall permitted which creates electrical disturbances that affect the any equipment beyond the boundaries of the site. Fire and Explosion Hazard. Ail storage of and activities ink infl~mble and explosive materials shall be provided with adequate and fire fighting devices to the specifications of the Uniform Fire Code the Director of Safety Services. Ail incineration is prohibited. emergency sprinklers and smoke detectors shall be installed in all construction and upon expansion or change of an existing use. Noise. No use except a t~porary construction operation shall be which creates noise level which exceeds five decibels (as defined in Occupational Safety and Health Act of 1970) above the ambient level of area measured at the property line. Odor. NO use shall be permitted which creates odor in such quantities be readily detectable beyond the boundaries of the site. Radioactivity. In all M zones, the use of radioactive materials shall limited to measuring, gauging and calibration devices, and medical x-ray diagnostic equipment. 59 SECTION 4.3 PERFORMANCE STANDARDS: M ZONES (cont.) Vibration. No use except a temporary construction operation shall be permitted which generates inherent and recurrent ground vibration perceptible, without instruments, at the boundary of the lot on which the use is located. In any M zone the conversion of a project to condominium ownership shall meet all the requirements of the zone to the maximum extent possible within the constraints of the existing development. In no case shall the requirements of the Fire Code, Sign Ordinance, and Screening standards be waived. Specific City Council waiver shall be required where the zone requirements cannot be met. Air Pollution. There shall be no emission on any site, for more than one minute in any hour, of air contaminants which, at the emission point or within a reasonable distance of the emission point, are as dark or darker in shade as that designated as No. 1 on the Ringelman Chart as published in the United States Bureau of Mines Information Circular 7718. Me Outdoor Storage Areas shall be entirely enclosed by solid masonry walls not less than eight (8) feet in height to adequately screen view from the external boundaries of the property. Reasonable substitutions such as masonry, wood or metal pilasters with wrought iron or chain link and view- obscuring material may be approved by the City Council. Testing. Whenever there is a question of conformance with the performance standards of this Section, the Planning Director shall require the property owner or operator to engage the services of a certified testing firm. Copies of all such tests shall be furnished to the Director of Planning Services. DJ Energy 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 for the conmon facilities or reasonable alternatives that do not appreciably increase energy demand may be approved by the City. Buildings shall be designed to minimize energy cons~'~¥tion requirements, including, but not necessarily limited to, the following 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; and 7. Deciduous shade trees. 60 SECTION 4.4 ACCESSORY STRUCTURES: M ZONES A. In any M zone, accessory structures shall not be located in front of the main building. B. In any M zone, accessory structures shall meet all of the setback requirements for main buildings. In any M zone, porches, steps, architectural features such as canopies or eaves, and chinmeys, balconies or stairways may project not more than four (4) feet into any required yard area. D. In any M zone, accessory structures shall be no taller than fifteen (15) feet in height. SECTION 4.5 WALT-c; AND FENCES: M ZONES A. In any required front or side yard area, a wall or fence shall not exceed forty-eight (48) inches in height. B. In any required rear or interior side yard area, a wall or fence shall not exceed eight (8) feet in height. SECTION 4.6 SIGNS: M ZONES No sign or outdoor advertising structure shall be permitted in any M zones except as provided in Section 7. 61 SECTION 5 'SPECIAL PURPOSE ZONES SECTION 5.0 LM - ~ AND MODERATE INCOME' C(I~BINII~G ZONE SECTION Ao Bo SECTION5.0.2 5.0.1 PURPOSES The Low and Moderate Income (IM) Combining Zone is intended to preserve the cost of housing and those constructed as low and moderate units. These regulations are to be combined with those of the base zone to ensure that, upon resale of iow and moderate income dwellings constructed under the requirements of Government Code Section 65915, said housing will continue to be made available to low and moderate income people at the prevailing regional median income. PROPERTY DEVELOPMENT STANDARDS: LM ZONE General Requirements 1. Prior to the sale, resale or occupancy of units constructed under Government Code Section 65915, the developer shall be required to record with each deed a notice of sale clause providing written acknowledgement from the City of Poway that the sale, resale or occupancy is within the guidelines of the Housing Element and the prevailing regional median income. 2. Said written acknowledgement shall be executed by the Director of Planning Services in a format acceptable to the City Attorney. SECTION 5.0.3 APPLICATION AND DESIGNATION When a developer chooses to use Govermment Code Section 65915 for the development of low and moderate income dwellings, an application shall be submitted to the Department of Planning Services for a Zoning Amendment to the Zoning Development Plan in accordance with Section l0 herein. 62 SECTION 5.1 ~ _ MOB~.R'IRIME PARK ZONE SECTION 5.1.1 PURPOSES The MHP, Mobilehome Park Zone, is intended for the exclusive development of mobilehcme parks. All mobilehome parks shall be developed in accordance with the provisions of this Section. SECTION 5.1.2 PERbIIITED AND CONDITIONAL USES: MHP ZONE The follc~ing uses shall be permitted uses where the symbol "P" appears ,,~,d, shall be permitted uses subject to a Conditional Use Permit where the symbol "X" appears in the col~,~i~ beneath emch zone designation. Where the symbol appears the use shall be prohibited. me Residential Uses 1. Single family dwelling used for caretakers when located on the same site. Be Mobilehome condominit~ns with the filing of a tentative map. Conversions of existing mobilehcme parks may be permitted if no low and moderate income people, seniors (age 62 and older) are displaced from the park and the mobileheme park is developed consistent with current standards as noted herein. 4. Guest dwellings or accessory living quarters. 5. Group residential. 6. Multiple dwellings. B. A~ricultural Uses 1. Ail types of horticulture. Home Occupations 1. Home occupations subject to the provisions of Section 6.1. P C X X X P De Accessory Uses Accessory structures and uses located on the same site as a permitted use. E. Temporary Useq 1. Temporary uses as prescribed in Section 6.0. 63 SECTION 5.1.3 PROPERTY DEVELOPM]~Yr STANDARDS: ~ ZONE The following regulations shall apply to the site of a mobilehome park. Additional regulations may be specified as conditions of approval through Development Review by the City Council. A. General Requirements The following requirements are minimumunless otherwise stated. 1. Maximum density 2. Site area 3. Site frontage 4. Area per unit space 5. Depth per unit space 6. Width per unit space 7. Coverage per unit space 8. Front yard setback per unit space 9. Side yard setback per unit space (each side) 10. Site side yard setbacks (each side) 11. Site street side yard setback 12. Building and structure height 13. Recreation area per unit space 14. Parking per unit space 8 dwelling units per net acre 20 acres 250 feet, continuous frontage 4,000 square feet 75 feet 50 feet 55 percent (maximum) 15 feet 5 feet/5 feet 15 feet/5 feet 25 feet 14 feet or 1 story, whichever is less 150 square feet of open, private unit recreation area for each mobilehome space. This requirement shall be increased to 200 square feet per mobilehome space if children under the age of 18 are permitted within the development. Two (2) tandem 10'x20' each plus one (1) parking space per each four (4) units for guest parking. 64 SECTION 5.1.3 PROPERTY DEVEIO~ STANDARDS: MHP ZONE (cont.) B. Special Requirements The following special requirements shall apply to development of mobilehome spaces and to facilities within a mobilehome park. Additional requirements may be specified as conditions of Development Review. Mobilehome Space and Units. Each space shall have dimensions capable of acconmodating a rectangle with minimum dimensions of 28 feet by 55 feet. All mobilehomes shall be at least double wide coaches· 0 Accessory Structures. Carports, patio covers, storage buildings, and similar structures accessory to a mobilehome may be located no closer than 5 feet to the boundary of a mobilehome space. Access and Access Drives. Ail mobilehome access shall be from a publicly maintained street, however, access drives within a mobilehome park shall be privately owned, and shall be at least 28 feet wide exclusive of adjoining parking areas· Sidewalks. Concrete sidewalks at least 4.5 feet in width shall be provided to serve each mobilehome space and to serve all central or conmon facilities within the mobilehome park. Sidewalks need not adjoin access drives· Landscaping. Not less than 20 percent of each mobilehome space shall be ]~ndscaped with plant materials, including at least one fifteen (15) gallon size tree on each space. Screening and Landscaping. Required yards shall be landscaped in accord with a site development plan to be approved in accordance with the procedures of Development Review. Screening of the mobilehomes shall be provided around the entire site by a wall and landscaping. J Mobilehome Park Accessory Buildings and Use. Accessory buildings and uses serving the entire mobilehome park, including recreation facilities, laundry areas, mobilehome park offices, and maintenance or storage buildings, shall be located at least 50 feet from the exterior boundaries of the mobilehome park site. Ail exterior maintenance or storage areas shall be enclosed by a six-foot masonry wall. 8. Cable TV service shall be provided to each mobilehome space. Cormnon recreation facilities shall be provided commensurate with the proposed or intended residents including, a meeting room, pool and spa and one of the following: a. P~tting green; b. Pitch and putt golf course; c. Oaildrens play area; d. Lawn/open space general recreation areas; and e. Recreation lakes. 65 SECTION 5.1.3 PROPERTY DEVELOPMENT STANDARDS: MHP ZONE (cont.) Be Special Requirements (cont.) 10. Recreation vehicle storage areas, fully screened from view of the public and private streets shall be provided in addition to the CC&R's prohibiting the storage of RV's on the unit space. 11. All unit spaces plus the caretakers unit and any recreation buildings shall be provided with City water and sewer service. 12. Skirting or screening of the unit wheels shall be required. SECTION 5.1.4 PRE-EXISTING MOBIT.k~HOME PARKS A pre-existing mobilehome park shall not be deemed nonconforming by reason of failure to meet the minimum requirements prescribed by this section, provided that the requlations of this section shall apply to the enlargement or expansion of a pre-existing mobilehome park, and provided that a pre-existing mobilehome park on a site less than ten (10) acres shall not be further reduced in area. SECTION 5.1.5 SIGNS: MHP Zone No sign or outdoor advertising structure shall be permitted in an MHP zone except as provided in Section 7. 66 SECTION 5.2~ PRD - PLANNED RESIDENTIAL DEVELOPMENT ZONE SECTION 5.2.1 PURPOSE Planned Residential Development regulations are intended to facilitate development of areas designated for residential use on the General Plan by permitting greater flexibility and, consequently, more creative and imaginative designs for the development of such residential areas than generally is possible under conventional zoning or subdivision regulations. These regulations are further intended to promote more economical and efficient use of the land while providing a harmonious variety of housing choices, a higher level of urban amenities, and preservation of natural and scenic qualities of open spaces. SECTION 5.2.2 PEI~MITi~ED AND CONDITIONAL USES: PRD ZONE Be Planned Residential Developments, subject to the issuance of a conditional use permit. Permitted and conditional uses in accordance with those indicated for the RC zone. SECTION 5.2.3 PROPERTY DEVELOPMENT STANDARDS: PRD ZONE A. General Requir~nents The following requiraments are minimum unless otherwise stated: Density -Maximum per net acre 2. Site area (in acres) 3. Front yard setback (in feet) 4. Side yard setback each side (in feet) 5. Street side yard setback (in feet) 6. Rear yard setback (in feet) 7. Building height, maximum 12 (lesser density may be approved by the City Council) 5 25 20/20 25 25 35 feet or 2 stories, whichever is less 8. Site coverage, maximum 9. Parking spaces per unit, covered in a garage 10. Distance between buildings (in feet) 35 percent 1.75 spaces (1 covered)/1BDunits 2.75 spaces (2 covered)/2 BDunits 3.00 spaces (2 covered)/3 BD> units 15 for 1 story - 25 for 2 story 67 SECTION 5.2.3 PROPERTY DEVELOPMENT STANDARDS: PRD ZONE (cont.) B. Special Requirements The following special development residential developments: requirements shall apply to all planned 1. The planned residential development shall be designed and developed in a manner compatible with and complementary to existing and potential residential development in the immediate vicinity of the project site. Site planning on the perimeter shall provide for the protection of the property from adverse surrounding influences, as well as protection of the surrounding areas from potentially adverse influences within the development. 2. Where individual lots are desired, there shall be a three thousand (3,000) net square foot minimum area requirement for individual lots or individual dwelling sites. 3. Required open space shall comprise at least 40 percent of the total area of the planned development, lmnd occupied by buildings, street, driveways or parking spaces may not be counted in satisfying this open space requirement; provided, however, that land occupied by recreational buildings and structures may be counted as required open space. 4. At least fifty (50) percent of the required open space shall have an overall finished grade not in excess of fifteen (15) percent. Said space shall be suitably improved for its intended purposes. Ail lawn and landscaped areas reserved for common use shall be provided with a permanent automatic watering system adequate to irrigate such areas. 5. The remaining fifty (50) percent of the required open space may also be improved, or may be left in its natural state, if natural features worthy of preservation exist on the site. Open space left in its natural state shall be kept free of litter and shall at no time constitute a health, safety, fire or flood hazard. Areas devoted to natural or improved flood control channels and those areas encumbered by flowage, floodway or drainage easements may be applied toward satisfying this portion of the total open space requirement. 6. If development is to be accompanied in stages, the development plan shall coordinate improvement of the open space, the construction of buildings, structures, and improvements in such open space, and the construction of dwelling units in order that each development stage achieves a proportionate share of the total open space and environmental quality of the total planned development. 68 SECTION 5.2.3 PROPERTY DEVELOPMENT STANDARDS: PRD ZONE (cont.) B. Special Requirements (cont.) All or any part of the required open space shall be reserved for use in conmon by the residents of the planned development. Areas permanently reserved for common open space shall be reserved for the use and enjoyment of the residents in a manner which makes the City, or a public district or public agency a party to and entitled to enforce the reservation. The City Council may require that open space easements over the required open space be conveyed to the City. e No building, except as hereafter provided, shall be located closer than five feet to any interior vehicular or pedestrian way, court, plaza, open parking lot or any other surfaced area reserved for public use or for use in coLl~,mn by residents of the planned development. Such setback shall generally be measured from the nearest edge of a surfaced area; provided, however, that where no sidewalk exists in conjunction with a public or private street, such setback shall be measured from the nearest edge of the street right-of-way or private road easement. 10. Ail public streets within or abutting the proposed planned development shall be dedicated and inproved to City specifications for the particular classification of street. When the developer desires to retain any streets within the development as private streets, such streets shall be irrevocably offered for dedication and maintained for their intended purpose by the Homeowners Association or other means acceptable to the City Council. Planned residential developments shall relate bmnnoniously to the topography of the site, shall make suitable provision for the preservation of water courses, drainage areas, ~oded areas, rough terrain, and similar natural features and areas, and, shall otherwise be so designed as to use and retain such natural features and amenities to the greatest extent possible. 12. All utilities within a planned development shall be placed underground. SECTION 5.2.4 ACCESSORY USES AND STRUCTURES: PRD ZONE Accessory uses and structures shall be located as specified on the development plans as approved by the City Council; provided, however, that accessory structures shall meet all of the setbacks for site development as specified in Section 5.2-3 A. SECTION 5.2.5 SIGNS: PRD ZONE No sign or outdoor advertising structure shall be permitted excepted as prescribed in Section 7 (Signs). 69 SECTION 5.3 PC - PLANNED COI~4UNII~f ZONE SECTION 5.3.1 PURPOSES The Planned Con,,,onity Zone is included in the Development regulations to achieve the following purposes. To promote and protect the public health, safety, and welfare. To implement the objectives and policies of the General Plan. To safeguard and ~nhance environmental amenities and the quality of development. To attain the physical, social, and economic advantages resulting from c~,~prehensive and orderly planned use of land resources. To lessen congestion and assure convenience of access; to secure safety from fire, flood, and other dangers; to provide for adequate light, air, sunlight, amd open space; to promote and encourage conservation of scarce resources; to prevent overcrowding of land and %indue concentration of population; to facilitate the creation of a convenient, attractive, and harmonious c~nonity; to attain a desirable balance of residential and employment opportunities; and to expedite the provision of adequate and essential public services. F. To facilitate development within the City in accordance with the General Plan by permitting greater flexibility and encouraging more creative and ~mmginative designs for major urban development projects subject to large-scale c~onity planning. G. To promote more economical and efficient use of the land while providing a harmonious variety of housing choices and commercial and industrial activities, a high level of urban amenities, and preservation of natural and scenic qualities of open space. H. To provide a process for initiation, review, and regulation of large-scale c~¥rehensively planned urban cc~mu~nities that affords the maximum flexibility to the developer within the context of an over all development program and specific, phased development plans coordinated with the provision of necessary public services and facilities. SECTION 5.3.2 USE R~GULATIONS: PC ZONE A. Allowable use in each Planned C~munity Zone shall be as established by a Development Plan Text approved by the City Council. The Development Plan Text may incorporate uses by reference to specific base zone provisions, or may establish specific use lists with definitions pertaining thereto. B. Existing uses within the Planned Co~nity Zone at the time of its establishment shall be deemed allowable and incorporated in the Development Plan, %mless terminated, discontinued, or chan~ed purs, mnt to a specific time schedule incorporated in the Development Plan-Text. 7O SECTION 5.3.2 USE RF_OULATIONS: PC ZONE (cont.) C® Unless otherwise provided by facilities and pablicly-c~ned Conditional Use Permit. the Development Plan Text, public utility facilities shall be allowable subject to a De Unless otherwise provided by the Development Plan Text, accessory uses or facilities shall be subject to the same use regulation provisions as the principal use or facility. E. Unless specified as subject to a Conditional Use Permit, each allowable use in the Planned Comu~nity Zone shall be subject to Development Review. F. Home Occupations pursuant to Section 6.1 shall be allowable in each Planned Ommm~nity. SECTION 5.3.3 PROPERTY DEVELOPMENT STANDARDS: PC ZONE A. General Requirements A Planned Co~nity Zone shall include a minim~n area of 300 contiguous acres, tmder single ~nership or otherwise subject to unified p]mnning, by persons, corporations, or other entities. Property owned by public utilities, local districts or local govemments will not be counted toward the 300 acre minimum, but my be used as a connector of single c~nership. A Planned Com-~nity Zone may be established with or without a Development Plan in accordance with the procedures set forth in Section 10.0 (Administration). In the event the City Council establishes a Planned ComH~nity Zone without a Development Plan, the uses, property development standards, performance standards and the like shall be those of the Residential Rural A (RR-A) zone (see Sections 2.~ through 2.6) unless the previous zoning is different; then the uses, property development standards, performance standards and the like shall be those of the previous zone. In the event the City Council establishes a Planned Co,,,,,~nity Zone with a Development Plan it shall be subject to the following provisions: Provide for the development of a comprehensively p]mnned u~oan c~H~nity within the zone that is superior to developmemt otherwise allowable under alternate regulations. 2). Provide for development within the zone in a manner consistent with the General Plan and with related development and growth policies of the City. 3). Provide for the construction, improvement, or extension of transportation facilities, public utilities, amd p~blic services required by development with the zone. 71 SECTION 5.3.3 PROPERTY DEVELOPMENT STANDARDS: PC ZONE (cont.) A. General Requirements (cont.) 1here shall be no minimum area, width, or depth requirement for individual lots, except as established by a Development Plan, a Conditional Use Permit, or Development Review. e ~here shall be no minimum yard requirement for individual lots except as established by a Development Plan, a Conditional Use Permit, or by Development Review. there shall be no minimum usable open space requirement for individual lots, except as established by a Development Plan, a Conditinal Use Permit, or by Development Review. e there shall be a maximum height of 35 feet or two stories, whichever is less, but and no coverage requirement for individual lots, except as established by a Development Plan, a Conditional Use Permit, or by Development Review. 1he maximum rm~ber of dwelling units within a Planned Co~onity Zone shall not exceed the ability of the City to provide services in accordance with the General Piton and applicable local ordinances; provided that the distribution of units within the Zone and the maximum residential density on any individual site or within designated portions of the Zone shall be governed by the Development Plan, Conditional Use Permit, or Development Review. In the event the General Plan does not establish a m~ximum residential density for said site, the City Council shall determine the appropriate density based on detailed review of the Development Plan and Text and the provisions of this section. B. Special Requirements ~l~e Planned Co~nity Zone and all uses therein shall be designed and developed in a manner cu.patible with and c~M~lementary to existing and potential development in the general vicinity of the zone. Site planning on the perimeter shall provide for the mutual protection of the zone and surrounding property from potential adverse influences. Ail public streets within or abutting the development shall be dedicated and improved to City specifications for that particular classification of street· Private streets within the development shall be irrevocably offered for dedication and maintained for their intended purpose by means acceptable to and enforceable by the City. consideration of other forms of access, such as pedestrian ways, courts, plazas, driveways, horse trails, bike trails, or open parking lots offered for dedication may be made at the time of the Development Plan and Text consideration as a means of meeting requirements for open space or park dedication requirements. 72 SECTION 5.3.4 PERFORMANCE STANIlkRI~: PC ZONE All development within a Planned Conmunity Zone shall relate harmoniously to the topography of the site, shall make suitable provision for the preservation of water courses, drainage areas, wooded areas, rough terrain, and similar natural features, and shall otherwise be so designed ina~.,dch as possible, to use and retain natural features and amenities to the best advantage. Mechanical and electrical equipment, including air conditioners, antennas, pomps, heating or cooling or ventilating equipment, exterior lighting, or similar equipment shall be located and operated in a manner so as not to unreasonably disturb the peace, quiet, and comfort of neighboring residents. Excluding roof-mounted solar collector panels and decorative exterior lighting, all such equipment and devices shall be screened from view from any abutting street, and shall not be located in a street yard. All areas for storage of maintenance equipment, and all service areas including refuse storage and collection facilities, shall be enclosed by a fence, wall, and/or landscape screen. All uses within a Planned CoL~anity Zone shall provide off-street parking and loading facilities pursuant to Section 8. The applicant may apply for and receive administrative relief from Section 8 at the time of Development Plan Tentative consideration by the City Council when verified proof has been sumbitted throug~ specific ex~¥1es of existing projects and/or expert testimony that supports reduced parking standards or stalls. E. The proposed means for assuring continuing existence, maintenance and operation of the various common elements and facilities. Additional site development regulations and performance standards applicable to individual uses or to designated portions of a Planned Co.~nity Zone may be established by the Development Plan, Conditional Use Permit, or Development Review approval pursuant to the Development Plan. SECTION 5.3.5 PRE-APPLICATION PROCEDURE Prior to submitting an application for a Development Plan in a Planned Co.~,~nity Zone, or for a Planned Co.~nity Zone, applicant or prospective developer shall hold preliminary consultations with the Director of Planning Services and other City officials to obtain information and guidance before entering into binding co~nitments incurring substantial expense in the preparation of plans, surveys, and other data. Such preliminary consultations should be relative to a conceptual development plan which includes, but is not limited to, the following: Proposed land uses to be developed within the zone. 2. Development concepts to be employed. 73 SECTION DJ 5.3.5 PRE-APPLICATION PROCEDURE (cont.) Schematic maps, illustrative material, ~d narrative sufficient to describe the general relationships between land uses, and the intended design character and scale of principal features. A preliminary time schedule for development, including quantitative data, such as population, housing units, land use acreage, and other data sufficient to illustrate phasing of developmant and potential impact on public service requirements. Following initial preliminary consultations purs, mnt to this section, the Director may require submission of a housing market analysis, satisfactory to the Director of Planning Servicesdemonstrating the need for housing by price range and number of dwelling units. Such analysis may be requested as a part of the review procedure, may be made a requirement for submission of an application for a Developmant Plan in a Plarmed Co~,~nity Area, Planned Community Zone, or may be requested as part of the environmemtal assessment or EIR. Following initial preliminary consultations purs,u~nt to this section, the Director may require submission of a commercial and/or industrial market analysis satisfactory to the Director of Planning Services for any proposed shopping center or major c~ercial and/or industrial uses, showing the need for such uses in the location requested and the inadequacy of existing zcned sites to meet this need. The market analysis shall include, but not be limited to, the following: Determination of potential trade area. 2. Determination of potential employment area. 3. Estimates of existing and future population of the trade area. 4. Estimates of existing and future employment. 5. Determination of existing and potential effective buying power in the trade area. 6. Determination of the net potential customer buying power for the proposed cuz~ercial development. Such analysis may be requested as part of the review procedure, and may be made a requirement of submission of an application for a Development Plan in a Planned Conmunity Area, Planned C~m~nity Zone, or may be rquested as part of the environmental assessment or EIR. Following initial preliminary consultation pursuant to this section, the Director may require presentation of the conceptual development plan to the City Council. Such presentation shall be for information proposes only, and shall be in addition to subsequent public review requiremants pursuant to an application for a Planned Co~uonity Zone and submission of a Development Plan. 74 SECTION 5.3.6 DEVELO~ PlAN %he Development Plan which my be submitted with an application for a Planned Co~l~n~nity Zone or subsequent to the adoption thereof shall include the following: A boundary survey map of the property and a calculation of the gross land area within the proposed zone. A tentative subdivision map may be substituted if the applicant proposes to subdivide the property. A topographic map and general grading concept plan with specific sections for sensitive areas, as determined by the Directors of Planning and Public Services for the property and adjacent land within 100 feet of the property, shown at contour intervals not to exceed 2 feet for natural slopes over 2 percent or less. For natural slopes over 2 percent contour interval shall not exceed 5 feet. Maps and supporting tabulations showing the current General Plan land use designation, the current zoning classification, and the current land use within the proposed zone and on adjacent sites within 500 feet. The location of structures and other significant improvements shall be shown. A land use plan identifying areas within the proposed zone and uses to be developed therein, supported by proposed or projected acreage, population, housing units, ~,~ployment, and such related planning and development data as the Director of Planning Services may require. 0 A development plan indicating the general phasing or anticipated schedule. Said plan shall indicate the total phasing of the Planned Corm~nity and areas to be developed in phases and the anticipated time schedule for beginning of construction and for completion of each phase of development. Said plan shall include a pro rata share of amenities, parks, and open space. This is a generalized schedule and may be adjusted according to market constraints as the Co~nity develops· A circulation plan, showing existing and proposed public and private streets, pedestrian ways, trails, and related transportation access or circulation features required to serve the propsed development. The circulation plan shall be supported by schematic SECTION 5.3·7 AEOPTION OF ZONE AND/OR DEVELOPMENT PLAN An application for a Planned Co~'mnity Zone and/or Development Plan shall be subject to review and approval in the same manner as prescribed in Section 10 (Administration). Each Planned Comnunity Zone established shall be indicated on the Zoning Map by the letter "PC" followed by a reference nunber identifying the Zone. The Development Plan as modified and approved by the City Council, is incorporated into this ordinance. 75 SECTION 5.3.7 ADOPTION OF ZONE AND/OR DEVELOPMENT PLAN (cont.) An application approvedfor a Planned Co~m~,~nity Zone without a Development Plan shall regulate development in accordance with the Residential Rural A (RR-A) uses, property development standards, performance standards and the like until such time as adoption of a Development Plan. The adoption of the Development Plan will repeal and replace the provisions of the Residential Rural A, or other previous zones. SECTION 5.3.8 AMENI1MENTS TO DEVELOPMENT PLAN A Development Plan may be amended in the same manner as provided by Section l0 (Administration) for a change of zone boundaries or for a change in the regulations applicable with a zone. Amendment of a Development Plan shall be subject to the same findings as prescribed for initial enactment of a Planned CoL~,onity Zone and adoption of the Development Plan applicable to the Planned Co~L~nity Zone. Be An amendment to a Development Plan may be initiated by the City Council. An amendment may also be initiated by the applicant for the Planned Co,~,,~nity Zone or a successor thereto, provided such applicant or successor has, at the time of application for an amendment, a continuing controlling interest in development or management of uses within the Planned Community Zone· SECTION 5.3.9 REVIEW OF DEVELOPMENT PROGRESS The Director annually, and following: of Planning Services shall review each Planned Cou~mnity Zone shall submit a report to the City Council containing the A s~mmry of the development status within the zone and an assessment of progress during the year toward completion of development authorized by the Development Plan including adherence to development schedules and phasing. A statement of any changes in land use and economic development trends, housing market indicators, co~mrcial and industrial development rates, or programs for provision of public facilities and services which, in the opinion of the Director, vary significantly from those upon which the Development Plan were based, and which could affect adversely continued progress toward completion of development within the zone. Be A copy of the annual report applicant and to such other appropriate by the Director. of the Director shall be provided to the interested parties or successors as deemed 76 SECTION 5.40P~:N SPACK ZONE SECTION 5.4.1 PURPOSES Ihis zone is intended for general agriculture, open space and public uses. Only those additional uses are permitted that are complementary to, and can exist in harmony with, open space. ~l~ere is no size limitation and it is the intent that this zone may be applied to a portion of a lot provided that the remainder of the lot meets the requirements for which it is zoned. In addition to the objectives outlined in Subsection 1.0 (Purposes and Scopes), the Open Space Zone is included in the zoning regulations to achieve the following purposes: A. To preserve open space for the conservation of natural resources; B. Maintain the natural character of the land; C. Provide for public/q-m$i public uses; D. Conserve areas of historic and c~mionity significance for the enjoyment of future generations; E. Provide for private use of land under limited development; F. Promote public health and safety. SECTION 5.4.2 PERMITIED AND CONDITIONAL USES: OS ZONE. Ihe following uses shall be permitted uses where the symbol "P" appears and shall be permitted uses subject to a Conditional Use Permit where the symbol "C" appears. Where the symbol "X" appears, the use is prohibited. A. Agricultural Uses OS Ail types of agriculture, horticulture and grazing. The sale and processing of products raised on the premises shall be permitted. 2. Raising of farm animals and poultry including, but not limited to, horses, sheep, goats, cattle, rabbits, etc. 3. Agricultural experimental facilities C B. Ai~orts X C. Animal shelters and hospitals D. Cemeteries, crematories and col~nbariums and related facilities 77 SECTION 5.4.2 PERMITI--~D AND CONDITIONAL USES: OS ZONE (cont.) E. Corporation yards F. Major flood control facilities, such as dams G. Forest maintenance facilities and ranger stations H. Historical landmarks I. Historic structures J. Hospitals K. National and State forests L. One single family dwelling per legal lot consistent with City development standards M. Public buildings and grounds N. Public or private non-profit educational institutions O. Public or private parks, golf courses, golf driving ranges, zoos, swim clubs, tennis clubs and other recreational facilities P. Public utility installations Q. Retail c~ercial in conjuction with historic structures and recreation uses R. Riding and hiking trails (public and private) S. Riding academies or stables T. Temporary uses as permitted in Section 6.1 U. Wildlife preserves and sanctuaries V. Other recreational uses that the City Council may determine similar in nature C C C P P C P P C C C W. Kennels - nonc~,mercial p X. 1. Keeping of 1-3 beehives P 2. Keeping of 4 or more beehives C SECTION 5.4.3 PROPERTY DEVELOPMENT STANDARDS: OS Zone ~l~e follc~ing regulations shall apply to the site of a Permitted or Conditional Use. The requirements are minimum unless otherwise stated. 78 SECTION 5.4.3 PROPERTY DEVELOPMENT STANDARDS: OS Zone (cont.) A. Special Requirements In an Opera Space Zone, the number of permitted large animals shall conform to the requirements of Section 6.4, 6.5, 6.6 and 6.7 and, further provided that no such animals are kept closer than 100 feet to an adjoining dwelling. Bo General Requirements 1. Density - Maximum dwelling unit per legal lot 2. Lot width, (in feet) 3. Lot depth, (in feet) 4. Front yard, setback (in feet) 5. Rear yard, setback (in feet) 6. Side yard setback (in feet), each side 7. Building height SECTION 5.4.4 OFF-STREMr PARKING: OS Zone None required None required 40 50 20/20 35 feet or two stories, which- ever is less Off-street parking facilities shall be provided for each use as prescribed in Section 8 (Off-street Parking). SECTION 5.4.5 WALT.R AND FENCES: OS Zone Walls or fences within ~ 5 feet of property lines, within drainage courses, or across established animal traverses require Minor Development Review by the Director of Planning Services prior to construction. SECTION 5.4.6 SIGNS: OS Zone No sign, outdoor advertising structure, or display or any character shall be permitted except as prescribed in Section 7. 79 S.~-'llOll 5.5 ]~C-RI~Ii)I]I~ Sl!~IOR CII'IZ]~Ii ZOl~l~ SECTION 5.5.1 PURPOSES A. %he Residential Senior Citizen Zone (RSC) is intended to facilitate development of areas suitable for Senior Citizen residential use. B. ~hese regulations recognize the special needs of Senior Citizen residential development as distinguished from other type residential development. SECTION 5.5.2 USES PERMITTED Planned Senior Citizen residential developments when constructed in conjunction with an approved Federal, State, or local program found to be in the public interest, (for occupants 62 years of age or older). ~he City may upon specific request approve the inclusion of facilities for the handicapped in addition to senior citizen. B. All permitted and conditional uses specified in Section 2.1 A, 2.1 C, D, E, amd F for the RA (Residential Apartment) zone. SECTION 5.5.3 PI~OPERTY DEVELOPMENT STANDARDS: RSC ZONE A. General Requirements ~he following requirements are minim~n unless otherwise stated: 1. Density - Maximum dwelling units per net acre 20 (a density bonus of up to 25 percent may be given by the City Council) 2. Site area (in acres) 2 3. Front yard setback (in feet) 25 4. Side yard setback each side (in feet) 10/10 5. Side yard setback street side (in feet) 25 6. Rear yard setback (in feet) 25 7. Building height, maximum 35 feet or two stories, which- ever is less 8. Site coverage, maximum 60 percent Parking spaces per unit (covered in carport) and guest parking spaces per unit (uncovered) Co:,]biaed total of 0.6 spaces per unit 10. Distance between buildings (in feet) 10 80 SECTION 5.5.3 PROPERTY DEVELOPMENT STANDARDS: RSC ZONE (cont.) B. Special Requirements The following special development requirements shall apply to all Senior Citizen developments: The Senior Citizen development shall be designed and developed in a manner compatible with and complementary to existing and potential development in the hL~ediate vicinity of the project site. Site planning on the perimeter shall provide for the protection of the property from adverse surrounding influences, as well as protection of the surrounding areas from potential adverse influences within the development. Required open space shall comprise at least 20 percent of the total area of the planned development. Land occupied by buildings, streets, driveways, or parking spaces may not be counted in satisfying this open space requirement; provided, however, that land occupied by recreational buildings and structures may be counted as required open space. Ail or any part of the required open space shall be reserved for use in co~l~n by the residents of the development. The City Council may require that the open space easements over the required open space be conveyed to the City. No building, except as hereafter provided, shall be located closer than five feet from any interior vehicular or pedestrian way, court, plaza, open parking lot, or any other surfaced area reserved for public use or for use in comnonby residents of the plarmed development. Such setback shall generally be measured from the nearest edge of a surfaced area; provided, however, that where no sidewalk exists in conjunction with a public or private street, such setback shall be measured from the nearest edge of the street right-of-way or private road easement. Each building shall be surrounded on all sides by relatively level open space having a slope no greater than ten percent and extending a minimum distance of ten feet in all directions measured from the furthest projections of the external walls of the building. Ail public streets within or abutting the proposed planned development may be dedicated and shall be improved to City specifications for the particular classification of street. When the developer desires to retain any streets within the development as private streets, such streets shall be irrevocably offered for dedication and maintained for their intended purpose by means acceptable to the City Council. Other forms of access, such as pedestrian ways, courts, plazas, driveways or open parking lots shall not be offered for dedication. 81 SECTION 5.5.4 ACCESSORY USES AND STRUCTURES: RSC Zone Accessory uses and structures shall be located as specified on the development plans as approved by the City Council; provided, however, that accessory structures shall meet all of the setbacks for site development as specified in Section 5.5.3. SECTION 5.5.5 PRE-APPLICATION PROCEDURE Prior to submitting an application for a Senior Citizen Development, the applicant or prospective developer shall hold preliminary consultations with the Planning Services Department and other City officials to obtain information and guidance before entering into binding co~nitments incurring substantial expense in the preparation of plans, surveys, and other data. Such preliminary consultations shall be relative to Federal, State, or local progrmm requirements for guaranteeing the project is consistent with the objective of this zone. SECTION 5.5.6 SIGNS: RSC Zone No sign or outdoor advertising structure shall be permitted except as prescribed in Section 7 (Signs). 82 SEC~XON ~ SPI~CI~I~ USF..S ~ COND'I"~XONS %he provisions of this ordinance shall apply to the uses and conditions hereinafter en~nerated. Where this section prescribes regulations more restrictive than the zone in which a use or conditional use is permitted, the provisions of this section shall apply. SECTION 6.0 TI~qPORARY USES SECTION 6.0.] PURPOSE %he provisions of this Section sbmll be known as the Temporary Use Regulations and shall provide regulations for the uses hereinafter enumerated. Where this Section prescribes regulations more restrictive than the zone in which a use or conditional use is permitted, the provisions of this Section shall apply. Temporary uses are subject to approval by the Director of Planning Services, except as noted in Section 1 SECTION 6.0.2 TMMPORARY USES LISTED Circuses, carnivals, rodeos, parades or similar outdoor entertainment or enterprises, subject to not more than (5) five calendar days of operation in any calendar year. Requests exceeding these time limitations will require the submittal and approval of a conditional use permit. Approval of such events shall require City Council action. Bo Christmas tree sales lots, Hallc~een pumpkin sales, and other holiday sales subject to not more than forty (40) calendar days of site occupation and operation in any calendar year. C. Subdivision sales offices and model home complexes located within the subdivison, subject to the following minim~n requirements: Offices shall be no closer than one vacant lot to an existing dwelling unit not part of the subdivison, trailers may be used for no more than ninety (90) calendar days or until such time as the subdivision sales offices have been completed whichever is less; 2. An A.C. paved parking lot shall be provided with sufficient parking spaces to acco~nodate said use; Offices shall be allowed for a maximum of two years or until ninety (90) percent of the homes within the subdivision are sold whichever is less. Annual Review for compliance with conditions of approval may be required. 0 Faithful performance bonding in an amount appropriate to guarantee removal and/or conversion of the sales office and attendant facilities shall be required; and 83 SECTION 6.0.2 TMMPORARY USES LISTED (cont.) 5. Other conditions that the Director of Planning Services deems necessary to assure that the sales office will not constitute a nuisance or be objectionable to the residential uses in the neighborhood. D. Religious, patriotic, historic, or similar displays or exhibits within yards, parking areas, or landscaped areas, subject to not more than eight (8) calendar days of display in any calendar year. E. Outdoor art and craft shows and exhibits, subject to not more than three (3) calendar days of operation or exhibition in any sixty (60) calendar day period. F. Contractors' offices and storage yards on the site of an active construction project. G. Mobilehome residences for security Farposes on the site of an active construction project. H. Outdoor display and sales located within commercially zcned properties not to exceed more than five (5) calendar days in any sixty (60) calendar days and subject to appropriate conditions of the Planning Services Depart~,~ent. I. Seasonal retail sale of agricultural products (fruit and vegetable stands) for periods of less than ninety days, if said products are raised on the premises. J. Temporary use of properly-designed Mobile trailer units for classrooms, offices, banks, etc. for periods not to exceed ninety days subject to Minor Development Review. Requests for such uses of more than ninety days in duration shall require the approval of a Conditions Use Permit by the City Council. Such units shall meet all necessary requirements of building, fire, and health codes. K. For any agricultural or animal husbandry activity or project (4-H, FFA, or similar) conducted for educational purposes or school credits, a permit may be granted in any district when the Planning Services Director determines that such use will not cause a public nuisance relative to sanitation and health conditions. L. (Taaritable or school sponsored drop-off bins for recycling of cans, newspapers, or similar items, for drop-off of clothes and small items. Bins shall be located in the parking lots of businesses within the CG or CN Zones or other public or semi-public property en a t~m~orary basis when written permission is granted by the property owner or business owner. Said bins shall be kept in a neat and orderly manner. M. Additional uses determined to be similar to the foregoing in the manner prescribed by Section 1.4 of the Zoning Development Code. SECTION 6.0.3 PERMITS AND ~DNDS Ail temporary uses shall be subject to the ism~nce of a Temporary Use Permit by the Planning Services Director and other necessary permits and licenses, including but not limited to building permits, sign permits, and solicitors or vending licenses. In the issuance of such a permit, the Planning Services Director shall indicate the permitted hours of operation and any other conditions, such as walls or fences and lighting, which are deemed necessary to reduce possible detrimental effects to surrounding developments and to protect the public health, safety and welfare. Prior to the issuance of a permit for a temporary use, except those listed under C, F, G, K, and L above, a cash deposit may be required to be deposited with the City. This cash deposit shall be used to defray the costs of clean-up of the property by the City in the event the pemittee fails to do same. SECTION 6.0.4 EXTMqSION OR MODIFICATION OF LIMITATIONS Upen written application, the Planning Services Director may extend the time within which temporary uses may be operated, or may modify the limitations under which such uses may be conducted if the Planning Services Director determines that such extension or modification is in accord with the purposes of the zoning regulations. SECTION 6.0.5 CONDITIIION OF SITE FOLLOWING TEMPORARY USAGE Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the t~,~porary use upon completion or removal of the use, and shall thereafter be used cnly in accord with the provisions of the zoning regulations. SECTION6.0.6 ~ ~he application shall be accompanied by a fee established by Resolution of the City Council to cover the cost of processing the application prescribed in this section. This fee may be waived by the approving authority for charitable groups that do not need any public services. 85 SECTION 6.~ HOtqEOCCOPATION$ Home occupations may be permitted only when in coL,plience with the conditions listed herein. A permit must be issued by the Planning Services Director prior to operation of such use. ~he fee shall be in accordance with those adopted by City Council resoultion. %here shall be no stock in trade or exterior storage of materials in the conduct of a home occupation. e A home occupation shall be conducted entirely within a dwelling, if in an attached or a detached garage shall not impede the use of said garage for vehicle storage. Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited. 4. Only the residents of the dwelling unit may be engaged in the home occupation. 5. %here shall be no sale of goods on the premises. 6. ~he establishment and conduct of a home occupation shall not change the principal character or use of the dwelling unit involved. 7. ~here shall be no signs other than those permitted by this ordinance. 8. The required residential off-street parking shall be maintained. 9. A home occupation shall not create vehicular or pedestrian traffic in excess of that which is normal for the zone in which it is located. 10. No vehicles or trailers (including pick-up trucks and vans) or con- struction or other equipm~mt, except those normally incidental to residential use, shall be kept on the site. 86 SETION-§.2-'-RRC~TIO~ ~ Construction of recreation courts including necessary fencing and lighting may be permitted subject to the issuance of a conditiomml use permit and a Finding by the City Council that adjacent properties will not be unduly affected. Recreational courts shall meet the following minimum standards: A. A maximum 10-foot high fence (measured from the finished grade of the court) shall be allowed. B. Setbacks for the court shall be: Side yard: 10 feet Rear yard: ] 0 feet Maximum of eight (8) lights pemitted, height not to exceed 22 feet. Ail lights and light fixtures shall be certified by a qualified lighting engineer to: Be designed, constructed, mounted, and maintained such that, the light source is cut off when viewed from any point above five (5) feet measured outside of the lot at the lot line. Be designed, constructed, mounted, and m~intained such that the maximum illin,nation intensity measured at the wall of any residential building on abutting property shall not exceed 1/2 foot candle above ambient levels. 3. Be used between 7:00 a.m. and ~0:00 p.m. ~he surface area of any recreational court shall be designed, painted, colored, and/or textured to reduce the reflection from any light incident thereon. E. Tmndscaping shall be installed as required by the City Council between the fence and the property line. F. The City Council may require more stringent standards than the above in cases where extraordinary site conditions necessitate. 87 ~he following regulations are established for the keeping of large animals in Residential Rural and Residential Single F~mm~ly Zones pursuant to Section 2.1B5. All lots shall have a minimum of ten thousand (10,000) square feet for the keeping of large animals. Ihe Director of Planning Services may approve the keeping of large animals on lots ten thousand (10,000) square feet and less, when the requestor obtains written permission of the adjoining property owners and meets all requirements herein. B. %he following square footages end n~nbers of enimals are the maximum allowable: Square Footage Maximum Permitted 10,001 - 15,000 15,001 - 17,000 17,001 - 20,000 20,001 - 25,000 25,001 - 30,000 30,001 - 35,000 35,001 - 1 Acre Greater than 1 Acre No 2 3 4 5 6 7 8 Limit C. No such animal shall be kept closer than thirty-five (35) feet to an adjoining dwelling. Keeping of such animals shall not be permitted in the required front, side and street sideyard setbacks. On lots thirty thousand (30,000) square feet or greater, said animals maybe kept within the required front yard setback area. %he Director of Planning Services may approve the keeping of said animals within the required front yard setback area on lots between twenty thousand (20,000) square feet and thirty thousand (30,000) square feet when the requestor obtains the written permission of the adjoining property owner. All large animals shall be provided with adequate fence enclosure, and water, to contain them within the boundaries of the owner's property. Special care shall be taken to ensure that stallions are provided with adequate fence ~closure to contain them within the boundaries of the cwner's property. F. Ail excrement produced by said large animals shall be disposed of ona regular basis so as to control flies and odor. 88 SECTION 6.4 ~r~'~PING OF Sl~a~-~- ANII4~LS The following regulations are established for the keeping of small animals such as rabbits, poultry, pigs, goats, sheep, miniature horses, and the like pursuant to Section 2.1B6. A. The following minimun square footages and maximum nunber of small animals except for rabbits and poultry are allowable: Square Footage Permitted Number 10,001 - 15,000 6 15,001 - 20,001 12 20,001 - 25,000 15 25,001 - 30,000 18 30,001 - 35,000 21 35,001 - 1 Acre 25 Greater than 1 Acre No Limit B. The following minimun square footages and maximumnumber of rabbits are allowable: Square Footage Permitted ~her 6,000 - 20,000 20,000 - 1 Acre Greater than 1 Acre 6 12 25 plus twelve (12) additional per acre up to a maximum of one hundred (100) C. The following minim~n square footages and maximum nunber of poultry are allowable: Square Footages Permitted Number 6,000 - 20,000 20,001 - 30,000 30,001 - 35,000 35,001 - 1 Acre Greater than 1 Acre 6 9 12 15 25 plus twelve (12) additional per acre up to a mmximum of one hundred (100) D. No small animal shall be kept closer than thirty-five (35) feet to an adjoining dwelling. 89 SKCTIOH ge Fo ir~.EPXHO OF SHAI:[- AHI:HALS (cant=.) Keeping of small animals shall not be permitted in the required front, side, and street yard setbacks. On lots thirty thousand (30,000) square feet or greater, said animals may be kept within the required front yard setback area. %he Director of Planning Services may approve the keeping of said animals within the required front yard setback area on lots between twenty thousand (20,000) square feet and thirty thousand (30,000) square feet when the requestor obtains the written permission of the adjoining property ow~ero Ail small animals shall be provided with adequate enclosures, to contain them within the boundaries of the owner's property. Ail excrement produced by said small animals shall be dispersed on a regular basis so as to control flies and odor. 90 %he follc~ing regulations are established for operation and maintenance of o~ercial and non-c~m~ercial kennels in the Residential Zones pursuant to Section 2.1 B9 and the Manufacturing Zones pursuant to Section 4.1C9. A. Animal runs shall meet the foll~ing minim~ns: Minimun sizes: 3'-0" x 5'-0" 3'-0" x 9'-0" 9'-0" x 9'-0" for small size animals for medium size animals for large size animals 2. Animal zuns shall be constructed and/or coated with non-porous material to discourage the breeding of ticks and other similar pests. 3. Ail animal runs and animal holding areas shall have concrete or other durable flooring sloped for proper drainage. 4. All animal runs shall be provided with adequate enclosures to provide protection from inclement weather. 5. All animal runs shall be provided with drains sufficient to control drainage and daily washing of the runs. 6. All animal runs shall be washed down daily to control odor, flies and the breeding of ticks, fleas, bacteria and other similar items. Bo Ail kennels shall be served by sewer and/or all excrement produced by said kenneled animals shall be dispersed on a regular basis so as to control flies and odor, or stored in an enclosed container and dispersed on a regular basis. All noise shall be sound attenuated so that the noise level measured at the property line is within the ambient level for the zone in which the site is located. No animal runs, exercise areas or keeping of the k~a~eled animals for co~nercial or non-c~,,nercial purposes shall be located within the required front, street side or side yards of the zene in which the site is located. 91 SF.~T~OB 6.6 ARC. DEE Ae In order to minimize adverse effects that arcades and electronic games may have cm the D~ighborhood or area in which it is located the following regulations are established. Arcades may be permitted only in the CG (Cu~.ercial General) zone subject to a conditional use permit and to the conditions listed herein: No arcade shall be permitted within five hundred (500) feet of the nearest point on a lot upon which is located a religious and/or educational institution, a public park or recreation facility. Adult supervision (18 years or older) shall be provided on the premises during all hours of operation and shall be stationed so as to have direct visibility over all machines. 3. %here shall be no more than cne arcade per shopping center and no arcades shall be closer than two hundred (200) feet to another arcade. 4. Ail arcades shall not open before 9:00 A.M. and shall close by 2:00 A.M. e A minim~n of one bicycle parking stall per video game machine sbmll be provided within twenty-five (25) feet of the arcade in a safe, convenient location with bicycle racks to accommodate said bikes. 6. A minimum of two toilets and one wash basin shall be provided for each gender. No electronic video or electrical coin operated game in a comnercial business establishment shall be operated within the City by a person 17 years old or younger during normal public school hours, or after 8. Ail alcoholic beverage sale and/or consuption on-site is prohibited. 9. Ail gambling on-site is prohibited. 10. Ail conditions herein must be guaranteed to be met in addition to obtaining a license to operate. /he operation of four or less machines shall be pemitted in all C zones provided their operation is ancillary to the use of the building and said use does not materially alter the principal use of such a building. The operation of four or less machines where they are the principal use may be approved by the Planning Services Director where, in his judgment, the location does not constitute a traffic or safety hazard to the public or abrogate the intent of the zone or the regulations contained in this section. 92 SECTION 6.7 A~ULT BUSINESSF..S In order to minimize the adverse effects that the operation of an adult business may have cn the neighborhood or area in which it is located, the following regulations are established. Adult businesses may be permitted only, in the CG (Commercial General) zone, subject to the conditions listed herein: Be 0 No such business shall be located within five hundred (500) feet of the nearest point of a lot cm which is located a religious and/or educational institution, a public park or recreation facility. No such business shall be located within five hundred (500) feet of any lot on which another adult business is located. 3. No such business shall be located within two hundred (200) feet of any lot within any residential zene. 4. No such business shall operate between the hours of 2:00 A.M. and 9:00 A.M. Activities. For the purpose of this ordinance, the following non-exclusive list of activities as defined in Section 1.7 of the Zoning Development Code of the City of Poway shall be deemed adult businesses: Adult Arcade 2. Adult Bookstore 3. Adult Cabaret 4. Adult Drive-In Theater 5. Adult Mini-Motion Picture Theater 6. Adult Model Studio 7. Adult Motel 8. Adult Motion Picture Theater 9. Adult Theater 10. Body Painting Studio 11. Massage Parlor 12. Sexual Encounter Establishment 13. Any other business which involves Specified Sexual Activities or display of Specified Anatomical Areas. 93 SECTION 7.0 PURPOSE The provisions of Section 7.0 through 7.6, inclusive, shall be known as the CoL..~prehensive Sign Regulations. It is the purpose of these provisions to establish a comprehensive system for the regulation of on-site and off-site signs. The City of Pc~ay recognizes the need for signs as a means to identify businesses within the co~,m~nity. However, the City also recognizes that signing is an important design element of the physical environment. Regulations consistent with the goals and objectives of the co~nanity are necessary to ensure that the rural character and image the co~,,J~unity is striving for, can be attained. It is the purpose of this chapter to make Poway attractive to residents, visitors, and co~rcial, industrial and professional businesses while maintaining economic stability through an attractive signing program. Specifically, the purposes of this chapter are to: A. Protect the general public health, safety and welfare of the B. Reduce possible traffic and safety hazards through good signing; C. Direct persons to vari~ activities and uses, in order to provide for maximum public convenience; D. Provide a reasonable system of sign regulations, to ensure the development of a high quality visual environment; go Encourage signs which are well designed and pleasing in appearance and to provide incentive and latitude for variety, good design relationship to the business or use it identifies, and spacing between signs and buildings; F. Encourage a desirable rural character which has a minimum of clutter; Enhance the economic value of the co~anity and each area, business and use thereof, through the regulation of snch elements as size, number, location, design and illumination of signs; and H. Encourage signs which are well located, and take into account the service and usage of adjacent areas. 94 SECTION 7.1 PERMIT RMQUIRMMENTS AND REVIEW PROCEDURES A. Major Review/Minor Review/Building Permits Required: Major Review shall be required for all new freestanding signs, greater than eight (8) feet in height, and for new comprehensive sign programs and amendments thereof. Signs requiring Major Review shall comply with the provisions of this chapter and all other applicable laws and ordinances. Building permits may be required. Minor Review shall be required prior to the placing, erecting, moving, repair, or reconstructing of any sign in the City, if A. 1 above does not apply or is expressly exempted by this chapter. Signs requiring Minor Review shall comply with the provisions of this chapter and all other applicable laws and ordinances. Building permits may be required. Be Method of Application: An application for Major Review, or Minor Review and building permits shall be made cn forms as prescribed by the Director of Plm~ning Services. Such an application shall be filed with the Planning Services Department with applicable plans as required by the Planning Services Depar~nent. Said application shall be accompanied by any fees or bonds as specified by City Council Resolution. Method of Review: /he purpose of Major Review and Minor Review cc,]¥1iance with the provisions of this chapter. is to help insure Major Review: Within fifteen (15) working days after receipt of all required materials of a sign application, the Director of Planning Services or a designated representative shall prepare a report to the City Council reco~mending approval, approval with modification, or denial of such sign request. Minor Review: Within fifteen (15) calendar days after receipt of all required materials of a sign application, the Director of Planning Services or a designated representative shall render a decision to approve, approve with modification, or deny such sign request. Such review shall insure that any sign proposal is in conformance with this chapter, is consistent with its title and purpose, and conforms to current Uniform Building Code requirements. In cases where the placing, erecting, moving, or reconstructing of a sign does not require the iss, mnce of a building permit, the Director of Planning Services or a designated representative shall render a decision to approve, approve with modification, or deny such sign request within ten (10) working days. For sign permits that meet all the requirements of an approved Comprehensive Sign Program, the permit shall be issued within five (5) full working days from the date of application. 95 SECTION 7.2 Al]MINISTRATION A® Be Director of Planning Services: It shall be the responsibility of the Director of Planning Services or his designee to enforce all provisions of this chapter. At the discretion of the Director, any sign request may be referred to the City Council for their review and approval. Rehearing by City Council on Referral of Director: In cases where a request for a permit has been referred to the City Council for decision, their action is final. The City Council may rehear and reconsider its action on such sign permit when new and different information or evidence not available at the time of the previous decision exists. Such a rehearing shall be requested in writing by the applicant or other interested party within ten (10) calendar days after the City Council decision. Such request for rehearing shall be made on the forms prescribed by the Planning Services Department and fees shall be paid in accordance with the fee resolution. This submission of the application and fees to the Director of Planning Services shall constitute the filing of the request for rehearing. The City Council shall review such request within thirty (30) calendar days at a regularly scheduled meeting and decide whether the information constitutes the need for a rehearing and render a decision at that time or schedule the matter for a future meeting. The City Council's action may be to uphold, modify or reverse their previ~s decision. Interpretation: The provisions of this chapter are not intended to abrogate any easements, covenants, or other existing agreements which are more restrictive than the provisions of this chapter. Whenever the application of this chapter is uncertain due to ambiguity of its provisions, the question shall be referred to the City Council for determination, best fulfills the intent of this chapter. Variance: Applications for a variance from the terms of this chapter shall be reviewed by the City Council according to the variance procedures as set forth in the Zoning Ordinance. Variances may be granted only for sign location and other similar performance standards, except area and height, when the City Council finds that the zranting of such a variance will not be contrary to the title and purpose of this Ordinance, in addition to the other required findings for granting a variance. Ail variances may be conditioned to expire with the change of copy for the use, be reviewed on a periodic basis or be required to conform to this chapter upon change of ownership, and/or shall automatically expire upon any designated period of time. 96 SECTION 7.2 ADMINISTRATION (cont.) e : A decision of the Director of Planning Services may be d to the City Council within ten (10) calendar days of such decision. Such appeal shall be made on the forms prescribed by the Planning Services Depar~,ent and fees paid in accordance with the fee resolution. The submission of the application and fees shall constitute the filing of the appeal. The City Council shall review such appeal within thirty (30) calendar days at a regularly scheduled meeting. The City Council shall either uphold, reverse, or modify the Director' s decision. SECTION 7.3 GENERAL PROVISIONS Exempt Signs: %he following signs shall be exempt from the application, permit, and fee requirements of this chapter; an electrical and/or building permit may be required· Any signage in excess of the specific ex~,ptions listed herein are prohibited. Permanent window signage not exceeding twelve (12) square feet per business frontage and limited to the name of the business, service, or use, hours of operation, address and emergency information, except exposed neon tubing signs advertising products for sale on the premises, are permitted as permanent signs. Temporary advertising signage painted on the window or constructed of paper, cloth, or similar expendable material affixed on the window, wall, or building surface, provided that all of the following conditions are met: a. The total area of such signs shall not exceed twenty-five (25) percent cent of the window area, however, in all cases twelve (12) square feet per business frontage is permitted. b. Such signs shall be affixed to the surface for no more than thirty (30) continuious calendar days but for no more than sixty (60) days each calendar year, to promote a particular event or sale of product or merchandise. Real Estate Signs for Residential Sales: One (1) sign per street frontage not exceeding four (4) square feet in area and five (5) feet in height, provided it is unlit and is removed within fifteen (15) days after the close of escrow or the rental or lease has been accomplished. Signs placed cn the rear street frontage are prohibited. Open House signs not exceeding four (4) square feet in area and five (5) feet in height are permitted for directing prospective buyers to property offered for sale. Political Signs: Political signs having to do with any issue, ballot measure, political statements and expressions, or candidate in any Municipal, County, State or Federal election shall be permitted subject to the following provisions and any other applicable provisions within this chapter. 97 SECTION 7.3 GENERAL PROVISIONS (cont.) a. Any persen, party or group posting signs in the City shall abide by the provisions herein setforth. be Ail political signs shall be placed, erected constructed, painted or assembled, no earlier than thirty (30) calendar days prior to the election ~md shall be removed no later than ten (lO) calendar days following the date of the election. A political sign shall not exceed thirty-two (32) square feet in total area for one side; double-faced signs shall not exceed thirty-two (32) square feet per side. No signs shall be placed in a manner that would obstruct visibility of or impede pedestrian or vehicular traffic, or to endanger the health, safety, or welfare of the c~,,~unity. d. Ail political signs shall not exceed an overall height of eight (8) feet from the finished grade immediately around the sign. Re No political signs shall be lighted either directly or indirectly unless said sign is erected, painted or constructed cn an authorized structure already providing ill~nination. No political sign shall be placed or affixed to a traffic signal, street light, tree, fence, utility pole or existing sign, nor shall be posted on any public property or in the public right-of-way, if in the opinion of the Directors of Planning and Public Services said sign impedes or renders dangerous public access to any public improvement, including but not limited to utility poles and fire hydrants; or obstructs the vision of any sign designed to regulate, control or assist public or private transportation or obstructs the vision of any user of a public right-of-way. ge No political sign shall be posted in violation any provisions of this chapter. Further, the Director of Planning Services or his designee shall have the right to remove all signs placed contrary to the provisions of this section. Any political sign placed on private property without the consent of said private property owner may be removed by said owner or representative of said owner. Contractor or Construction Signs: For residential projects greater than four (4) dwelling units, coranercial, and industrial projects, two (2) directory signs shall be permitted on the construction site for all contractors (may include financial institutions, real estate agents, subcontractors, etc.) not exceeding thirty-two (32) square feet each, unless legally required by government contracts to be larger. No sign shall exceed eight (8) feet in overall height and shall be located no closer than ten (10) feet to any property line. Such sign shall be removed upon the granting of occupancy by the City. For all other projects, a total of two (2) signs per development site may be installed with a maximum of four (4) square feet in area and (5) feet in height for each sign. Such sign(s) shall be removed upon finalization of building permits. 98 SECTION e 10. 12. 13. 14. 15. 7.3 GE*NERAL PROVISIONS (cont.) Future Tenant Identification Sign: Future tenant identification signs may be placed on vacant or developing property to advertise the future use of an approved project on the property and where information may be obtained. Such sign shall be limited to one (1) per parcel and to a maximum of thirty-two (32) square feet in area and eight (8) feet in overall height. ~hrther, such signs shall be placed no closer than ten (10) feet to m~y property line. Any such sign shall be removed upon finalization of building permits. Where a project has in excess of 600 lineal feet of frontage, one additional sign for each 600 lineal feet is allowed. Real Estate Signs for Sale of C~a,ercial or Industrial Property: One (1) sign per street frontage not to exceed thirty-two (32) square feet in area to advertise the sale, lease, or rent of such property. No such sign shall exceed eight (8) feet in overall height and shall not be located within of the public right-of-way. Where a property has in excess of 600 lineal feet of frontage, cne additional sign for each 600 lineal feet is allowed. Interior signs within readable or intended structure or building. a structure or building when not visible or to be read from off-site or from outside of the Signs identifying a business, service or use no greater than four (4) square feet in area may be permitted. Said signs shall not be visible from the the l~blic right-of-way, shall be attached to the main building, shall be for pedestrian traffic, and shall not otherwise require a building pemit. Memorial tablets, plaques, or directional signs for co,a~nity historical resources, installed by a City recognized Historical Society or civic organization. Convenience signs and directional signs not exceeding four (4) square feet in area. Residential building identification signs used to identify individual residences and not exceeding four (4) square feet in area. One name plate per parcel not exceeding four (4) square feet in area for single family residential uses and agricultural uses. Official and legal notices issued by any court, public body, person, or officer or in futherance of any nonjudicial process approved by state or local law. Signs providing direction, warning, structures required or authorized by State, County, or City authority. or informational signs or law or by law or by Federal, 99 SECTION 7.3 GENERAL PROVISIONS (cont.) 16. A single official flag of the United States of America and/or two (2) flags of either the State of California, or other states of the United States, counties, municipalities or offical flags for nations, and flags of internationally and nationally recognized organizations or the cou~pany flag. Flags sbmll be a maximin of five (5) feet by eight (8) feet. 17. Signs of public utility companies, indicating danger or which serve as an aid to public safety, or which show locations of underground facilities or public telephones. 18. Safety signs on construction sites. 19. One (1) freestanding Time and T~¥erature sign that conveys time and temperature only and not exceeding twelve (12) square feet in area nor fifteen (15) feet in height, or not higher than the roofline, whichever is less, when combined with business identification in accordance with Section 7.4, and counted toward sign area for the freestanding sign. 20. One (1) wall mounted Time and Temperature sign that conveys time and temperature only not exceeding twelve (1 2) square feet in area when combined with business identification in accordance with Section 7.4, and counted toward sign area for the wall sign. "No tresspassing," "no parking," and similar warning signs not exceeding four (4) square feet. 22. Signs on public transportation vehicles regulated by a political subdivision, including but not limited to buses and taxicabs. 23. Signs on licensed co~ercial vehicles, provided such vehicles are not used or intended for use as portable signs or as may be prohibited in Section 7.3B. 24. A change of copy conforming to an approved Comprehensive Sign Program. Ail other changes of copy shall comply with Section 7.1. 25. Incidental signs for automobile repair stores, gasoline service stations, automobile dealers with service repairs, motels and hotels, showing notices of services provided or required by law, trade affiliations, credit cards accepted, and the like, attached to a freestanding sign, structure or building; provided that all of the following conditions exist: a. Ne signs nunber no more than four (4). b. No such sign projects beycnd any property line. c. No such sign shall exceed an area per face of four (4) square feet. 100 SECTION 7.3 GENERAL PROVISIONS (cont.) 26. Copy applied to fuel pu~ps or dispensers by the manufacturer such as fuel identification, station logo, and other signs required by law. Be 27. Agricultural signs, either wall or freestanding types, nonillominated, and not exceeding four (4) square feet for lots two (2) acres or less and sixteen (16) square feet for lots greater than two (2) acres, identifying cnly the agricultural products grown on the premises. The n~nber of such signs shall be one (1) per street frontage or a maximum of two (2), with wall signs to be located below the roofline and freestanding signs to be no higher then eight (8) feet. Prohibited Signs: All signs not expressly permitted are prohibited in all zones, including but not limited to the following: Roof signs. 2. Flashing signs (except time and temperature signs). 3. Animated signs (conveying the illusion of motion). 4. Revolving or rotating signs. 5. Vehicle signs (when parked or stored on property to identify a business or advertise a product). 6. Portable signs (except where permitted in this chapter). 7. Off-site signs (except temporary subdivision chmpter). Signs within the public right-of-way (except those required by a governmental agency). No sign shall be so placed, erected or constructed cn a utility pole, traffic device, traffic sign, warning sign, or so as to in~ede access to any public improvement, or to obstruct the vision of any such signs except as may be permitted in Section 7.3A4 of this chapter. Signs located Section 7.3A4 agency. on public property except as may be permitted by in of this chapter or those required by a govemmental 10. Signs within the public right-of-way prohibited by the Streets and Highways Code (Sec. 101 et.seq, and Sec. 1460 et. seq.), the Vehicle Code (Sec. 21400 et. seq.) and the Public Utilities Code (Sec. 7538 et. seq.). Signs blocking doors or fire escapes. 12. Outside light bulb strings and exposed neon tubing outside of the building (except for temporary uses such as Christmas tree lots, camivals, and other similar events with prior approval of the City). ~0~ SECTION 7.3 GENERAL PROVISIONS (cc~t.) 13. 14. 15. Banners, flags, pennants and balloons (except for special events as provided for in this chapter in Section 7.4A3 and Section 7.3A16). Inflatible advertising devices of a temporary nature, including hot air balloons (except for special events as provided for in this Chapter in Section 7.4A3). Advertising structures (except as otherwise permitted in this chapter). 16. Statuary (statues or sculptures) advertising products or logos of the business that are located outside of the structure that houses the business. 17. The use of decals, stick-on or transfer letters, or tape on the walls or parapets of buildings, fences, walls or other structures, not suitable. 18. 19. Readerboard/changeable copy signs, either electric or nonelectric except as permitted in this chapter. Signs which purport to be or are an imitation of or resemble official traffic warning devices or signs, that by color, location or lighting may confuse or disorient vehicular or pedestrian traffic. %his does not include traffic or directional signs installed on private property to control on-site traffic. Signs Relating to Inoperative Activities: Signs pertaining to activities or businesses which are no longer in operation, except for temporary closures for repairs, alteration, or similar situations, shall be removed from the premises or the sign copy shall be removed within thirty (30) days after the premises has been vacated including copy from the business directory. Any such sign not removed within the specified time shall constitute a nuisance and shall be subject to removal under the provisions of this chapter and local ordinance. Enforc~nent, Legal Procedures, and Penalties: Enforcement, legal procedures and penalties shall be in accordance with the enforcement procedures established by the local ordinance. authorized illegal signs may be abated by the City in accordance with local ordinance. If said sign is stored by the City the owner may recover said sign from the City upon payment to the City of any storage and/or removal charge incurred by the City. %he minimum charge shall be no less than three ($3) dollars per sign. All signs removed by the City may be destroyed thirty (30) calendar days following removal. If any sign, in the opinion of the Director of Planning Services, is an h~uediate threat to the public health and safety, said sign shall be inmediately and s~arily removed with the cost of said removal charged to the property owner in accordance with local ordinances. 102 SECTION 7.3 GENERAL PROVISIONS (cont.) E. Construction and Maintenance: Construction: Every sign and all parts, portions, and materials shall be manufactured, assembled, and erected in c~,pliance with all applicable State, Federal, and City regulations and the Uniform Building Code. o Maintenance: Every sign and all parts, portions, and materials shall be maintained and kept in proper repair. %he display surface of all signs shall be kept clean, neatly painted and free from rust and corrosion. Any cracked, or broken surfaces, and malfunctioning or damaged portions of a sign shall be repaired or replaced within thirty (30) calendar days following notification of the business by the City· Nonc~¥1iance with such a request will constitute a nuisance and will be abated in accordance with Ordinance 57 and/or 69. Any maintenance, except a change of copy, which does not involve structural changes is permitted. SECTION 7.4 SIGN REOUI~TIONS Sign permits may be issued for signs included under this section provided the signs are in c~¥1iance with all other applicable laws and ordinances. Ae Signs permitted in all Zoning Districts: ~he following signs may be permitted in any zoning district. These signs are in addition to those signs expressly permitted in each zoning district and are subject to the provisions listed: Convenience Signs: On-site signs no greater than six (6) square feet necessary for public convenience or safety may be approved by the Director of Planning Services or his designee. Signs containing information such as "entrance," "exit," or directional arrows shall be designed to be viewed from on-site or from an area adjacent to the site by pedestrians or motorists signs that convey advertising or products shall not be considered a convenience sign · Comprehensive Sign Program for C~'~ercial and Industrial Zones: A Comprehensive Sign Program shall be developed for all c~.ercial and industrial centers consisting of four (4) or more tenant spaces. The purpose of the program shall be to integrate signs with building and landscaping design into a unified architectural unit. This shall be achieved by: a. Using the same background color on all signs; b. Using not more than three (3) different colors for sign lettering. SECTION 7.4 SIGN REGULATIONS (cont.) Using the same type of cabinet supports, or method of mounting for signs of the same type, or by using the same type of construction material for components, such as sign copy, cabinets and supports, or by using dissimilar signing determined compatible by the Director of Planning Services. Using the same form of illumination for all signs, or by using varied forms of ill~nination determined compatible by the Director of Planning Services. e. Allowing the use of different colors for logos. Special Event Signs: Special event signs may be approved for a limited periodof time as a means of publicizing special events such as grand opening, new managament, inventory sales, Christmas tree lots, parades, rodeos, and fairs that are to take place within the City. To apply for approval of special event signs, the applicant shall submit a letter to the Director of Planning Services which describes the proposed sign by means of a sketch and the display dates. %he Director of Planning Services shall review the request within fifteen (15) working days after receipt and shall make a determination to approve, approve with modification or deny the request. a. C~mL~omity Special Events such as Pow Wow Days, the rodeo and country fair may be permitted the following signage: O) No more than eight (8) off-site signs up to thirty-two (32) square feet and eight (8) feet in height to publicize the event indicated above. be (2) Temporary advertising signing consistent with the requirements setforth in Section 7.4A2. CuL~,ercial Special Events such as grand openings, christmas tree lots, painted seasonal holiday window displays, and notice of new management may be permitted the following signage: (1) No more than cne (1), smaller, eight (8) feet special event signs. thirty-two (32) square foot or in height on-site freestanding Ail other on-site special event signs can be either wall and window signs, flags, banners and pennants. Inflatable advertising devices of a temporary nature may be permitted. In no case shall any signage, flag, pennant, inflatable device, or banner be placed above the roof line. 104 SECTION 7.4 SIGN REGULATIONS (cont.) 4. On-Site Subdivision Signs: mo One (1) temporary ch-site subdivision sign not to exceed 64 square feet total for two (2) sides or 32 square feet for one (1) side and a total overall height of twelve (12) feet may be permitted an each Circulation Element street frontage of the property being subdivided not to exceed two (2) such signs for all phases of any subdivision; otherwise a maximum of one (1) sign is permitted. Such sign shall be for the identification of a subdivision, price information and the developers name, address, and telephone number. Such signs shall be removed within ten (10) calendar days from the date of the final sale of the land and/or residences or within twenty- four (24) months, whichever comes first. Extensions of twelve (12) months may be approved by the Director of Planning Services. d. Signs shall be maintained in good repair at all times. A cash deposit of three hundred ($300) dollars per sign shall be deposited with the sign application to ensure compliance with the chapter and removal of such sign. Said deposit shall be refunded to the applicant upon sign removal by the applicant. If the City is forced to remove any signs, then the cost of removal shall be deducted from the deposit. 5. Off-Site Subdivision Directional Sign: a. A maximum of eight (8) signs may be used to lead customers to the site. be Signs shall be no larger than sixty (60) inches by twelve (12) inches and shall be grouped on a single, double or four sided sign kiosk as shown in Exhibit '~." Such structure shall contain no more than seven (7) tract identifications and a City identification top piece. A sign kiosk shall be located not less than three hundred (300) feet from an existing approved sign site. Further, each sign may cnly contain the name of the subdivision, developer or development logo and a directional arrow as shown on Exhibit %he placement of each reviewed and approved prior to installation. sign structure and its copy shall be by the Director of Planning Services 105 SECTION 7.4 SIGN Ce de ge he REOIR~TIONS (cont.) A sign kiosk shall be located not less than three hundred (300) feet from an existing approved sign site. Further, each sign may only contain the name of the subdivision, developer or development logo and a directional arrow as shown on Exhibit %he placement of each reviewed and approved prior to installation. sign structure and its copy shall be by the Director of Planning Services All kiosks that are to be placed on private property shall be with prior written consent of the property owner, to allow the City, in the event of nonc~L¥1iance, to enter said property and remove the sign. A copy of said consent shall be filed with the Department of Planning Services prior to the acceptance of a sign permit application. A kiosk location piton each kiosk and shall Depaz huent of Planning sign permit application. Any sign approved for a shall not be changed approval of the Director shall be prepared shc~ing the site of be submitted to m~d approved by the Services prior to the acceptance of a particular subdivision within the City to another subdivision without prior of Planning Services. %here shall be no additions, tag signs, streamers, devices, display boards, or appurtenances added to the sign as originally approved. Further, no other directional signing may be used such as posters, portable signs, vehicle signs, trailer signs or temporary subdivision (bootleg) signs. All off-site subdivision signs not conforming to this chapter shall be deemed a pablic nuisance and removed prior to the program. A three hundred ($300) dollar cash deposit shall be placed with the City to ~nsure compliance with this chapter. Any sign placed contrary to the provisions of this chapter may be removed by the City and the cost of removal shall be deducted from said deposit. Additional costs incurred by the City resulting from the removal of illegal signs shall be charged to the developer. 106 SECTION 7.4 SIGN REGULATIONS (cont.) Said sign shall be allowed until the units within the subdivision are sold out, or for a period of twemty-four (24) months, whichever comes first. Extensions of twelve (12) months may be approved by the Director of Planning Services. 107 SECTION 7.4 SIGN REGULATIONS (cont.) B. SIGNS PERMITTED IN THE SINGLE FAMILY RESIDENTIAL ZONES. The following Performance Standards shall be met in all cases: CLASS SIGN MAXIMUM MAXIMUM MAXIMUM OTHER TYPE NUMBER SIGN AREA HEIGHT STANDARDS 1. Institutional Wall One (1) per 20 square feet Below roofline a. Name and address of Signs for private ....... street frontage ..................... institution only. schools, churches Free- with a maximum 24 square feet 6 feet from finished b. Can incorporate else and other similar standing of two (2) for identification, grade or nonelectric uses. 36 square feet changeable copy for with changeable events and time of copy events. 2. Neighborhood Wail One (1) per 36 square feet 6 feet for wall sign a. Copy shall be limits Identification ...... development ........... to the name and Free- entrance, maximum 4 feet for free- address of developme standing of two (2) standing sign 3. School Wall One (1) per street 20 square feet Below roofline a. Name and address of Identification ....... frontage with a ..................... school Free- maximum of two (2) 50 square feet 20 feet from finished b. To be located no cle standing grade than 5 feet to the property line c. To identify the ache and to display activities and speci events with electric nonelectric changeab C. SIGNS PERMITTED IN THE MULTI-FAMILY AND MOBILE NOME PARK ZONES. The following Performance Standards shall be met in all CLASS SIGN MAXIMUM MAXIMUM MAXIMUM OTHER TYPE NUMBER SIGN AREA HEIGHT STANDARDS 1. Multi-Family Wall !A wall sign shall a. Signs shall be in not project above harmony with the sc the roofline and and design of the One (1) per 12 square feet in no case shall development. street frontage for 12 units or exceed 20 feet. b. Freestanding signs ....... with a maximum less ............ shall be placed no Free- of two (2) per 24 square feet A freestanding sign closer than 5' to ti standing development, for more than shall not exceed 8 property line. 12 units, feet in height c. Street address shal incorporated into ti face or structure o: the sign. 2. Mobile Some Wall One (1) per 36 square feet 6 feet a. Copy shall be limit~ Park ....... development ........... to name and address Free- entrance, with a 4 feet development. standing m~ximum of two (2) 108 SECTION 7.4 SIGN RSLLVLATIONS (cont.) D. SIGNS PERMI'~D IN T~E COmmERCIAL ZONES. The following Performance Standards shall be met in all cases: CLASS SIGN MAXIMUM M3%XIMUM MAXIMUM OTHER TYPE NUMBER SIGN AREA HEIGHT STANDARDS 1. Businesses Wall One per street 15% of the build- Not to project above a. Wall signs are limit (not within frontage and/or lng face not to the roofline and in to identification oJ centers) main parking lot, exceed 150 square no case higher business, use, serv] a maximum of three feet per face than 20 feet and/or identifying ] (3) per business, b. A combination of ir( ....................................... standing and wall si Free- One per street 40 square feet 15 feet or the may be used, howevel standing frontage, with a roofline whichever only a maximum of 3 maximum of two (2} is less. signs may be used. per business, c. Wall signs and free- standing signs shall be architectually designed to be comps able with the devel( ment. d. Freestanding signs shall be placed on on the subject property and shall ~ overhang into priva~ or public property. e. Street addresses sh~ be incorporated int¢ the face or structul of the freestanding sign. :2. Centers and Wall One per business 15% of the build- Not to project above a. Wall signs are limi~ businesses within frontage and/or lng face, not to the roofline and in to identification gl centers (A cente~ main parking lot, exceed 150 square no case higher than business, use, servl is a development a maximum_.of three feet. 20 feet. provided and/or in which (3) for any one identifying logo. businesses and business b. One freestanding si, structures are shall contain the ti designed as an ................................... name of the center , architecturally One per street 65 square feet 15 feet or the the predominant leal integrated and Free- frontage, not to roofline whichever of the sign and/or interrelated standing exceed three (3) is less. identification of t~ development, per center, businesses. If one Such design is business name is us~ independent of in a theme name, on. the number of one additional structures, business may be lots, or parcels identified. If two making up the business names are center), used in the theme name, no further businesses will be identified. Other f standing signs may contain a maximum o two business names. c. All shopping center~ shall develop a comprehensive siqn proqram for all tenants and uses. d. Street addresses sh~ be incorporated int~ the face or structu~ Of the freestanding sign. e. A maximum of three freestanding signs may be located on o~ street frontage. 109 SECTION 7.4 SIGN REGLrLATIONS (cont.) D. SIGNS PERMITTED IN THE C0~94ERCIAL ZONES (CONTINUED). CLASS SIGN MAXIMUM M~IMUM MAXIMUM OTHER TYPE NU~ER SIGN AREA HEIGHT STANDARDS 3. Business Offices Wall Two (2) per 15% of the face Not to project above a. Freestanding sign~ (multiple building of the structure the roof nor be shall be limited t professional where sign is to higher than 20 feet identifying the n~ tenants or be placed not to of the profession~ office uses) exceed 150 sq. ft. complex. b. Directory signs st ....................................... be placed on the % Free- One per street 40 square feet 15 feet or the at main entrances standing frontage with a roofline whichever be freestanding ar maximum of two (2) ~S less. shall be limited t listing the tenant ........................................ name and suite nu~ Directory Three (3) per 12 square feet 8 feet c. All office project (Wall or building with multiple tent Free- or uses shall dev~ standing) a comprehensive sJ be incorporated l~ the face or struc~ of the freestandi~ 4. Service Free- O~e (1) per 40 square feat 15 feet or the a. Special service s~ Station standing street frontage, ~oofline whichever shall be limited t not to exceed a is less. such items as sel~ total of two (2) service, full-ser~ per station, air, water, cashi~ and shall be non- ...................................... illuminated. Price One (1) per street 16 sq. ft. for 15 feet or the Sign frontage, not to price sign roofline whichever (Free- exceed a total of is less. standing) two (2) per Special Three (3) for 4 square feet If mounted on a Service each pump wall or pole of Signs island, the canopy it shall (wall or be no higher than 8 Free- feet. Freestanding Standing) signs shall not exceed Signs 3 feet in height 5. Motion picture Wall One (1) per ~5% of the Not to project a. wall signs may inc or playhouse street front- building face, above the electric or nonele~ theater signs age and/or not to exceed roofline and in no readerboard or main parking 150 square feet. case higher than changeable copy lot, not to 20 feet. signs. exceed two (2). b. Current and coming attraction signs shall be attached to a wall within a locking, shatter- proof glass case. Current Four (4) 8 square feet 8 feet coming each. attraction (wall) 110 SECTION 7.4 SIGN REGULATIONS (cont.) SIGNS PERMI~ED IN T~IE INDUSTRIAL ZONES. The following Performance Standards shall be met in all cases~ CLASS (single tenant, single parcel) SIGN TYPE Wall MAXIMUM NUMBER (multiple One (1) per street frontage and/or main parking lot, not to exceed two (2) per business. MAXIMUM SIGN AREA 15% of the build- ing face, not to exceed 150 square feet. ~EIGHT ~ot to project above the roofline and in no case higher than 20 feet. Free- O~e (1) per 40 square feet 15 feet or the standing street Frontage 'oofline whichever not to exceed two ts leas. (2} per business, Wall One (1) per 15% of the build- Not to project above street or parking inq face not to the roofline and in area frontage not exceed 150 square no case higher to exceed two (2) feet. than '20 feet. per business. Business One (1) per 36 square feet. ~8 feet Directory street frontage (Free- or parking area standing) not to exceed two (2) per development. Free- One (1) per 65 square feet. ' 15 feet or the standing roofline whichever is less. street frontage not to exceed two (2) per development STANDARDS a. Wall signs shall be limited to identification of business, use, servi, provided and/or identifying logo. b. A combination of wal and freestanding sis may be used; however these shall not exceed three (3) per business, Stgeet addresses sha be incorporated into sign. a. Wall signs shall identify the indivi( ual business, use, service provided an( or identifying logo and be located at t! main pedestrian en- trance or parking a] b. ~ne business direct~ freestanding sign shall list only the address and names o the on-site activit c. The business direct~ freestanding sign shall be located either adjacent to parking area or the main entrance to th development. d. A freestanding sign may be permitt in lieu of the directory sign to identify the development. e. All industrial projects with multi tenants or uses sha develop a compre- hensive sign progra f. Street addresses sh be incorporated int the face or structu of the freestanding sign. 111 SECTION 7.5 DESIGN STANDARDS Each sign shall be so designed with the intent and purpose to complement the architectural style of the main building or buildings or type of business upon the site, and to the extent possible, signs located on coL,,.ercial sites but in a predominantly residential area, shall take into consideration compatibility with the residential area. Relationship to Buildings: Signs located upon a lot with only cne main building housing the use which the sign identifies, shall be designed to be c~.~atible with the predominant visual elements of the building, such as construction materials, color, or other design detail. Each sign located upon a lot with more than one main building, such as a shopping center or other co.m~ercial or industrial area developed in accordance with a conmen development p]mn, shall be designed to be compatible with predominant visual design elements co~.on or similar to all such buildings or the buildings occupied by the "main tenants" or principal uses. The Planning Services Director may cendition his recu~,~endation or approval of a sign to require such visual elements to be incorporated into the design of the sign where such element(s) is necessary to achieve a significant visual relationship between the sign and building or buildings. Relationship to other signs: Where there is more than cne (1) freestanding sign located upon a lot, all such signs shall have designs which are complementary to each other by either similar treatment or incorporation of cne (1) or more of the~following six (6) design elements: 1. Type of construction materials (such as cabinet, sign copy, supports); 2. Letter style of sign copy; 3. Type or method used for supports, uprights or structure on which sign is supported; 4. Sign cabinet or other configuration of sign area; and 5. Shape of entire sign and its several components. Imndscaping: Each freestanding sign shall be located in a planted landscaped area which is of a shape, design and size (equal to at least the maximum allowable sign area) that will provide a compatible setting and ground definition to the sign. The planted landscaped area shall be maintained in a neat, healthy, and thriving condition. 112 SECTION 7.5 DESIGN STANDARDS (cont.) DJ Illunination and Motion: Signs shall be nonmoving stationary structnres (in all compenents) and illunination, if any, shall be maintained by artificial light which is stationary and constant in intensity and color at all times (nonflashing). Sign Copy: Ne name of the business, use, service and/or identifying logo shall be the dominant message on the sign. ~he use of advertising information such as lists of products (more than one product), are prohibited. Fe Relationship to Streets: Signs shall be designed so as not to obstruct any pedestrian, bicyclist, or driver's view of right-of-way. SECTION 7.6 NONCONFORMING SIGNS Intent: It is the intent of this section to recognize that the eventual elimination of existing signs that are not in conformity with the provisions of this chapter is as important as is the prohibition of new signs that would violate these regulations. B. General Requirements: 1. A nonconforming sign may not be: 80 Changed to another r~nconforming sign (changes of copy including legal nonconforming billboards shall comply with the requirements of Section 7.1 ). b. Structurally altered to extend its useful life. c. Expanded, moved or relocated. Re-established after a business, not within a center, or a business within a center without an approved comprehensive sign program, is discontinued. Re-established after damage or destruction of more than fifty (50%) percent of the sign value as determined by the Director of Planning Services. A new sign may be approved for a site, structure, building or use that contains nonconforming signs if it meets one (1) or more of the following criteria: a. It is part of an approved c~,¥rehensive sign program; or b. It lessens the nonconformity. 113 SECTION 7.5 DESIGN STANDARDS (cont.) Ce Amortization Requirements: Every sign or advertising structure which does not c~ply with the provisions of this chapter, shall be amortized in accordance with this section. Time periods for amortization of nonconforming signs shall begin from the effective date of the chapter. Any sign which becomes nonconforming either by reason of amendment to this chapter or by annexation to the City, shall also be subject to the provisions of this chapter. %he period of time within which such sign must be abated shall c~uence upon the effective date of such amendment or annexation. Any sign not c~¥1ying with the provisions of this chapter at the end of the amortization period shall be deemed a public nuisance and abated in accordance with local ordinances. Signs to be Brought into Conformance Within Ninety (90) Days. The following signs shall be removed or otherwise brought into conformance within ninety (90) days from the effective date of this chapter. Illegal signs - Any sign erected without a permit and/or erected in contravention to regulations in existence at the time of its erection or placement, or without a valid sign and/or building permit. bo T~porary signs or t~,¥orary on-site devices attached to signs or used in conjunction with the promotion of any product, service or use, such as flags, banners, bunting, inflatable devices, pennants, streamers, and spinners. c. Portable signs. d. Rotating signs. e. Flashing signs. e Legal Nonconforming Wall Signs. Any permanent wall sign which was properly erected pursuant to regulations in existence at the time of its erection or placement, and with a valid sign and/or building permit, but which does not meet the requirements of this chapter, shall be allowed to remain in existence, notwithstanding their nonconforming character, for the useful life of the sign, providing that such signs and sign structures remain in full compliance with section 7.3E2 of this chapter. Such signs must be brought into conformance if major exterior building modification occurs as determined by the Director of Planning Services. 114 SECTION 7.5 DESIGN STANDARDS (cont.) Legal Nonconforming Freestanding Signs. Any permanent freestanding sign, measuring sixty- five (65) square feet or less and twenty-five (25) feet or less in height, which was properly erected pursuant to the regualtions in existence at the time of its erection or placement, and with a valid sign permit, and/or building permit, shall be allowed to remain for the useful life of the sign, providing that such sign structures remain in full c~liance with Section 7.3E2 and Section 7.6A and B of this chapter. Such signs must be brought into conformance if a building permit or permits are subsequently issued on the site for major exterior modifications unless such conformance is waived by the Director of Planning Services. o Ail Other Legal Nonconforming Signs. Any other type of sign which was properly erected purs~mnt to the regulations in existence at the time of its erection or placement, and with a valid sign and/or building permit, but which does not meet the requirements of this chapter, shall be removed or otherwise brought into conformance within eight (8) years of the effective date of this chapter, providing that such sign structures remain in full compliance with Section 7.3E2 and Section 7.6A and B of this chapter. Such signs nmst be brought into conformance if a building permit or permits are subsequently issued on the site for major exterior modifications unless such conformance is waived by the Dlirector of Planning Services. Historical Signs: Signs which have historical significance to the cu~luunity but do not conform to the provisions of this chapter, may be issued a permit to remain provided that the City Council makes the following findings: 1. The sign has historical significance for the co.l~nity. 2. The sign does not create nor cause a traffic hazard. 3. The sign does not create a visual nuisance to the character of the c~.~nity. 4. The sign is properly maintained and structurally sound. 5. The sign does not adversely affect adjacent properties. 115 SE~XO~ 8 OFF-ST~'[ PA~[LN~ SECTION 8.0 PURt~SE Ail regulations set forth in this chapter are for the purpose of providing convenient off-street parking space for vehicles. The parking requirements of this section are to be considered as the minimum necessary for such uses permitted by the respective zone. The intent of these regulations is to provide adequately designed parking areas with sufficient capacity and adequate circulation to minimize traffic congestion and promote public safety. It shall be the responsibility of the developer, owner, or operator of the specific use to provide ~md maintain adequate off-street parking. SECTION 8.1 GENERAL PROVISIONS Ae Off-street parking facilities, for both motor vehicles and bicycles, shall be provided for any new building constructed, for any new use established, for any addition orenlargement ofan existing building or use, and for any change in the occupancy of an existing building. Be For additions or enlargements of any existing building or use, or any change of occupancy or manner of operation that would increase the number of parking spaces required, the additional parking spaces shall be required only for such addition, ~largement, or change and not for the entire building or use, unless required as a condition of approval of a Conditional Use Permit. Ce The required parking facilities needed for any development shall be located on the same site or, if an irrevocable access and/or parking easement is obtained, the parking may be on an adjacent site. Property within the ultimate right-of-way of a street or highway shall not be used to provide required parking or loading orunloading facilities. D. The requirements of this ordinance shall apply to temporary as well as per- manent uses. ge No existing use of land or structure shall be deemed to be nonconforming solely because of the lack of off-street parking facilities prescribed in this ordinance. However, the facilities being used for off-street parking on the effective date of this ordinance shall not be reduced in capacity to less than the minim~n standards prescribed in this section. Projects with unexpired site designs or conditional use permits approved prior to the effective date of this ordinance shall meet the requirements of the parking ordinance in effect on the date the site designs or conditional use permits were approved. Ge Ail required off-street parking spaces shall be designed, located, con- structed, and maintained so as robe fully usable during workday periods or as needed by the use of the premises. 116 SECTION 8.1 GENERAL PROVISIONS (cont.) He me Ks Where the application of these schedules results in a fractional space, then the fraction shall be rounded to the higher whole nunber. %he parking requirement for uses not specifically listed in the matrix shall be determined by the approval body for the proposed use on the basis of requirements for similar uses, and on any traffic engineering and p]mnning data that is appropriate to the establishment of a minimum requirement. In the calculation of parking requirements for centers, off-peak-hour uses from the normal operating hours of the center shall not be counted toward the parking requirement. In situations where a combination of uses are developed on a site, parking shall be provided for each of the uses on the site according to the schedule given in this section. SECTION 8.2 SCHEDULE OF OFF-STRE~T PARKING R~QUI~ Ae USE Administrative and Professional Services as listed in Section 3.]A MINIMUM OFF-STRF.~T PARKING R~UIRED 1 space/250 square feet of gross floor area. Be · Shopping Centers and General C~,,~ercial Uses as listed in Section 3.1B except as noted below: 1 space/ 300 square feet of gross floor area. Eating and drinking establisP~nents a. Fast food restaurants with drive-in or drive-through 1 space/each 5 seats or 1 space/75 square feet of seating area where there are no fixed seats, plus one (1) space per employee 1 space/each 7 seats plus one (1) space per employee and an on-site queue line for at least eight (8) vehicles when drive-through is included Gasoline dispensing and/or automotive services stations Appliance and/or fumiture stores 2 spaces plus four (4) for each service bay. e Hotels and motels a. P~tirement hotels 1 space/500 square feet of gross floor area. space per unit plus 1 space per ~¥1oyee. 0.6 space per unit plus 1 space per =L¥1oyee 117 SECTION 8.2 SC~I~.w. OF OFF-STRF.~T PARKING RMQUIREMEN%XS (cont.) USE MINIMJM OFF-ST~k~T PARKING RM~UIRED 5. Auto and/or truck sales 1 space/400 square feet of gross floor area Medical and dental offices or clinics, veterinary offices or clinics 1 space/200 square feet of gross floor area 7. Oam~ercial recreation facilities Bowling alleys, billiard halls 5 spaces/alleyplus 2 for each billiard table plus required parking for other uses on the site b. Co.,,,ercial stables 1 space/5 horses boarded on si~e c. Driving range (golf) 1 space/tee plus required parking for any other uses on the site d. Golf course (regulation) 6 spaces/hole plus required parking for any other uses on the site e. Miniature golf 3 spaces/hole plus required parking for any other uses on the site f. Parks (public or private) To be determined by the City Council g. Skating rinks 1 space/100 square feet of gross floor area he Tennis, handball, and racketball facilities 3 spaces/court plus required parking for additional uses on site i. Theaters (1) Motion picture 1 space/5 seats plus 5 spaces for employees (2) Playhouse 1 space/5 seats plus one (1) space per employee 118 SECTION 8.2 SC~F~nULE OF OFF-STRk~T PARKING R~QUI~ (cont.) USE MINI~DI~ OFF-STREET PARKING R~UIRED C. Public and semi-public uses 1. Day nurseries, day care schools me Convalescent and/or nursing homes 3. Hospitals e Educational institutions, public or private a. Elementary and junior high school 1 space/staff member plus 1 space/5 children or 1 space/10 children if adequate drop-off facilities are provided. Drop-off facilities must be designed to acconmodate a con- tinuous flow of passenger vehicles to safely load and unload children. The adequacy of drop-off facilities proposed shall be determined by the City Council. 1 space/4 beds plus 1 space per the highest employee shift To be determined by the City Council. Applicant shall su~nit a parking study. 2 spaces/classroom b. Senior high schools dj Colleges and vocational schools Oaurches, convents, monasteries, other religious institutions, and other spaces of public assembly 1 space/faculty member and employee plus 1 space/6 students .5 spaces/faculty member and ~loyee plus 1 space/3 students 1 space/3 seats within the main auditorium or 1 space/45 square feet of gross floor area within the main auditorium where there are no fixed seats 5. Public Utilities To be determined by the City Council 119 H16~1 SECTION 8.2 SCH~DI~.E OF OFF-STRk~T PARKING R~U~S (cont.) USE MINIM0~ 0FF-STREMr PARKING RMQUIRED D.Manufacturing Uses me 1. Manufacturing 2. Research and Development 3. Storage Single Family Residential, Multiple Family Residential and Senior Citizen Residential are indicated in their respective zones. 1 space/750 square feet of gross floor area devoted to manufacturing plus the required parking for square footage devoted to other uses. Ten (]0) percent of the spaces provided must be designated for use by carpools. 1 space/300 square feet of gross floor area· Ten (10) percent of the spaces provided must be designed for use by carpools. 1 space/I,000 square feet of gross area for the first 20,000 square feet devoted to storage plus the required parking for square footage devoted to other uses. 1 space/2,000 square feet for the second 20,000 square feet. 1 space/4,000 square feet for area in excess of 40,000 square feet. F. Handicapped Parking Requirements Handicapped parking requirements are established by the State of California. %he parking standards contained in this section are idemtical to those established by the State at the time of the adoption of this ordinance. Any future change in the State handicapped parking standards would preempt the requirements given in this section. Handicapped parking for residential uses shall be provided at the rate of one space for each dwelling unit that is designed for occupancy by the handicapped. 120 SECTION 8.2 SCH~nI~,E OF OFF-ST~k~r~ PARKING REQUI~ (cont.) 2. Handicapped parking spaces shall be provided for all uses other than residential at the following rate: Number of Automobile Spaces Provided Number of Handicapped Spaces Required 1 - 40 1 41 - 80 2 81 - 120 3 121 - 160 4 161 - 30O 5 301 - 400 6 401 - 500 7 over 500 7 + 1 for each 200 additional automobile spaces provided 3. Handicapped parking spaces required by this section shall count tc~ard fulfilling automobile parking requirements. G. Bicycle Parking Requirements ~he matrix bel~ contains the minimum bicycle parking requirements. Only those uses identified in the matrix are required to install bicycle parking. Bicycle parking facilities shall be stationary storage rack~ or devices designed to secure the frame and wheel of the bicycle. USE MINI_MUM BICYCLING PARKING P~UIREMENTS 1. Administrative and Professional 5 spaces Services over 20,000 square feet of floor area Shopping Centers with more than 50,000 square feet of gross floor area 1 space/33 automobile parking spaces required 3. Eating and Drinking Establishments a. Fast food restaurants, coffee shops, delicatessens, etc. 4. Medical and dental offices or clinics, veterinary offices or clinics 2 spaces 5 spaces 2 spaces 121 SECTION 8,2 USE 5. Commercial Recreation 6. Hospitals 7. Churches M~torcycle Off-Street Parking Requirements SCHEDULE OF OFF-STREMrPARKING P~UIRMMENTS (cont.) MINIMUM OFF-STRE~T PARKING R~UI~ 1 space/33 automobile spaces required. 4 spaces 4 spaces Motorcycle parking areas shall be provided for all uses, except residential, at the following rate: 1. Uses with 25 to 100 automobile parking spaces shall provide one designated area for use by motorcycles. Uses with more than 100 automobile parking spaces shall provide motorcycle parking areas at the rate of one motorcycle parking area for every 100 automobile parking spaces provided. SECTION 8.3 PROPERTY DEVELOPMENT STANDARDS: OFF-STRk~T PARKING %he following property development standards shall apply to all land, buildings, and uses authorized by the Zoning Development Ordinance. A. General Requirements %he following are minim~ns unless otherwise stated: 1. Residential (in feet) a. Covered in a garage or carport b. Uncovered 2. Parallel parking space 3. All others 4. One-way traffic-double-loaded aisles: parking bay width 122 10' X 20' each space 9' X 18.5' each sapce 8' X 22' each space 8.5' X 18.5' each space e bay width - 43' 45° - 50' 60 ° - 56 ' 90 ° - 62' SECTION 8.3 PROPERTY DEVELOPMENT STANDARDS: me General Requirements (cont.) 5. One-way traffic-single-loaded aisles: parking bay width e Two-way traffic-double-loaded aisles: parking bay width 7. Two-way traffic-single-loaded aisles: parking bay width 123 OFF-ST~k~T PARKING bay width - 28' 45° _ 32' 60 ° - 37' 90° - 43.5' -a~0f~_baY5~dth 45° 57' 60° - 60' 90 ° - 62' _~ width _ baY36, 45° - 39' 60° - 4~ ' 90 ° - 43.5' SECTION 8.3 PROPERTY D~PMENT STANDARDS: OFF-ST~.k~T PARKING A. General Requirements (cont.) 8. Motorcycle parking space: 4 foot by 8 foot. 9. Bicycle parking space: 2 foot by 6 foot. 10. Automobile, Handicapped, Motorcycle, and Bicycle: All parking stalls and maneuvering areas shall be paved and permanently m~intained with asphalt, concrete, or any other all-weather surfacing approved by the Director of Planning Services and subject to current City standards. Striping and Identification a. Automobile: Ail parking stalls shall be clearly outlined with double lines on the surface of the parking facility. b. Handicapped: Ail handicapped spaces shall be striped and marked according to the applicable State standards. Ce Motorcycle: Ail motorcycle spaces shall have bollards installed and appropriately spaced to prevent automobile usage of the motorcycle area. Motorcycle spaces shall be marked so that they ~mn be clearly identified for motorcycle usage. d. Bicycle: Ail bicycle spaces shall be clearly identified. Be Special Requirements 1. One (]) fifteen (15) gallon tree, per City specifications, shall be provided for every three (3) parking spaces. Said tree shall be so located to provide shade cover for the v~hicles (See exhibit below). 2. Any mused space resulting from the design of the parking area shall be used for landscaped purposes. 124 SECTION 8.3 PROPERTY DEVELOPMENT STANDARDS: OFF-ST~.~ PARKING (cont.) 3o 0 Ye Ail parking lot landscaped islands shall have a minimum inside dimension of four (4) feet and shall contain twelve (12) inch wide walk adjacent to parking stall and be separated from vehicular areas by a six (6) inch high, six (6) inch wide port!~nd concrete cement curbing. Ail landscaping areas shall be irrigated automatically and kept in a healthy and thriving condition free from weeds, debris and trash. Ail parking facilities shall have lightin~ in accordance with the current City standards. %he lighting shall be designed and installed so as to confine direct rays to the site. Parking lot lights shall be a maximum height of eighteen (1 8) feet from the finished grade of the parking surface and directed away from all property lines and shall be low pressure sodium. Ail parking facilities, shall be graded and drained so as to provide for the disposal of all surface water on the site. In any R zone except the RC and RA parking of motorized and nonmortorized vehciles shall be subject to the following requirements and those shown in the example below: No motorized or not~otorized vehicle shall be parked, stored or kept in the front yard as shown below except on land adjacent to the driveway or the driveway. In all cases the surface shall be pot]and concrete cement. be If motorized or nonmotorized v~hicles are to be parked, stored, or kept cn the lot, other than as permitted in 7a, they must be for the personal use of the resident. 125 SECTION 8.4 PERFORMANCE STANDARDS: OFF-ST~k~T PARKING Ae Ail parking facilities required by this ordinance shall be maintained in good operating condition for the duration of the use requiring such facilities. Such facilities sbmll be used exculsively for the parking of vehicles. The parking facilities shall not be used for the storage of merchandise, or for the storage or repair of vehicles or equipment. Parking facilities shall not be used for the sale of merchandise, except on a temporary basis pursuant to Section 6.1.1 (Temporary Uses). B. All shopping centers that use shopping carts shall provide convenient and safe on-site storage areas for the shopping carts. C. Handicap, motorcycle, and carpool parking areas, when required, shall be located within one hundred (100) feet of the entrance to the facility. 126 SECTION 9 NONCONFORMING USES, SI'RUCTU~W-~, SCRg~ING, PERFORMANCE STANDARDS SECTION 9.0 PURPOSES This Section is intended to limit the nunber and extent of nonconforming uses by prohibiting or limiting their enlargement, their re-establishment after abandor~nent, and the alteration or restoration after destruction of the structures they occupy. While permitting the use and maintenance of existing nonconforming structures, this Section is intended to limit the number and extent of nonconforming structures by prohibiting their being moved, altered, or enlarged in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this Ordinance and by prohibiting their restoration after destruction. Eventually, certain classes of nonconforming uses, nonconforming structures of nominal value, are to be eliminated or altered to conform and certain uses having nonconforming screening or performance standards are to be altered to conform. SECTION 9.1 TIME WHEN USE AND STRUCTURE BFCOME NONCONFORMING Whenever a use and/or a structure, become nonconforming because of a change of zone boundaries or a change of regulations for the zone in which it is located, the period of time prescribed in this article for the elimination of the use, and the removal of the structure, shall be computed from the effective date of the change of zone boundaries or regulations. SECTION 9.2 DISCONTINUATION OF NONCONFORMING USE Whenever a nonconforming use has been discontinued or changed to a conforming use for a continuous period of one hundred-eighty (180) calendar days or more, the nonconforming use shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the zone in which it is located. Discontinuation shall include cessation of a use regardless of intent to resume the use, unless the Director of Planning Services is notified in writing of the intent to resume and has approved a schedule for resumption of said use. SECTION 9.3 CONTINUATION AND MAINTENANCE A use lawfully occupying a structure or a site, that does not conform with the use regulations or the performance standards for the zone in which the use is located shall be deemed to be a nonconforming use and may be continued, except as otherwise provided in this Section. Be Ce A structure, lawfully occupying a site, that does not conform with the property development standards for front yard, side yards, rear yard, height, coverage, or distances between structures, for the zone in which the structure is located, shall be deemed to be a nonconforming structure and may be used and maintained, except as otherwise provided in this Section. Routine maintenance and repairs may be performed on a structure or site, the use of which is nonconforming, and on a nonconforming structure. 127 SECTION 9.3 CONTINUATION AND MAINTENANCE (cont.) De An existing legal lot shall not be deemed non-conforming if it does not meet the minimun lot width, depth or lot size for the zone in which it is located. Additiommlly, no existing legal lot with RR-A, RR-B or RR-C zoning shall be deemed non-conforming if it does not meet the slope criteria for the RR-A, RR-B or RR-C zones. SECTION 9.4 ALTERATIONS AND ADDITIONS TO NONCONFORMING USES AND STRUCTURES Ae No structure, the use of which is nonconforming, shall be moved, altered, or enlarged tmless required by law, or unless the moving, alteration, or enlargement will result in the elimination of the nonconformity, except as permitted in this Section. Be No nonconforming use shall be enlarged or extended in such a way as to occupy any part of the structure or site or another structure or site which it did not occupy at the time it became a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site, except as permitted in this Section. Co No nonconforming structure shall be altered or reconstructed so as to increase the discrepancy between existing conditions and the property development standards for front yard, side yards, rear yard, height of structures, or distances between structures, or usable open space prescribed in the zone in which the structure is located. No nonconforming structure shall be moved or enlarged unless the new location or enlargement shall conform to the property development standards for front yard, side yards, rear yard, height of structures, and distances between structures, or usable open space prescribed in the zone in which the structure is located. Do No use which fails to meet the performance standards of the zone in which it is located shall be enlarged or extended nor shall have equipment replaced that results in failure to meet performance standards unless the enlargement, extension, or replacement will result in elimination on nonconformity with performance standards. SECTION 9.5 RF-qTORATION OF A DAMAGED STRUCTURE Ae Whenever a structure which does not co~ply with the property development standards for front yard, side yards, rear yard, height of structures, or distances between strutures prescribed in the zone in which the structure is located, or the use of which does not conform with the performance standards for the zone in which it is located, is destroyed by fire or other clamity, by act of God, or by the public enemy to the extent of fifty (50) percent or less, the structure may be restored and the nonconforming use may be resumed, provided that restoration is started within one year and diligently pursued to cu.¥1etion. When the destruction exceeds fifty (50) percent or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the property development standards for the zone in which it is located and the nonconforming use shall not be resumed. 128 SECTION 9.5 RESTORATION OF A DAMAGED STRUCTURE (cont.) Be The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the Building Official and shall be based on the minimum cost of construction in compliance with the Building Code. SECTION 9.6 CHANGE TO ANOTHER NONCONFORMING USE A use permit may be granted for conversion of a nonconforming use to another nonconforming use, provided that the City Council makes the following findings: 1. The proposed nonconforming use will not have a greater adverse impact on the surrounding area than the existing or former nonconforming use. The proposed nonconforming use shall be a use that would be permitted to continue in the zone in which it would be located as prescribed in Section 9.8 (Exceptions to Provisions for Elimination of Nonconforming Uses). SECTION 9.7 ELIMINATION OF NONCONFORMING USES AND STRUCTURFS Except as permitted in Section 9.8 (Exceptions to Provisions for Elimination of Nonconforming Uses), and Section 9.4 (Change to Another Nonconforming Use), nonconforming uses, and structures, shall be discontinued and removed from their sites, altered to conform, or altered as prescribed to decrease the degree of nonconformity, within the specified time after they become nonconforming. A. Uses In any zone, removal of a nonconforming use that does not occupy a structure or a use occupying a structure having an assessed valuation of less than $500 shall be removed or made to conform within five (5) years from the date of notification as set forth in Section 9.9 herein. In an R zone, a use that is not a permitted use or a conditional use in a CO or CN zone; or in a CG zone, a use that is not a permitted use or a conditional use in any C zone or an M zone shall be removed or made to conform within fifteen (15) years from the date of notification as set forth in Section 9.9 herein. B. Structures Removal or alteration of a nonconforming structure having an assessed valuation of less than $500 shall be removed ormade to conform within five (5) years from the date of notification as set forth in Section 9.9 herein. 129 SECTION 9.8 EXCEPTIONS TO PROVISIONS FOR ELimINATION OF NONCONFORMING USES AND STRUCTURF~ The following uses, when nonconforming, need not be removed and under certain conditions may be expanded provided that they shall be subject to the provisions of Section 9.2 (Discontinuation Nonconforming Use) and Section 9.5 (Restoration of a Damaged Structure). A. In any zone, a residential use, provided that the nunber of dwelling units shall not be increased. Be In an "~' zone, a nonresidential use that is a permitted use or a conditional use in the CO or CNone may be continued and a conditional use permit may be granted for expansion of the floor area or the site area occupied by the use by not more than a total of ten (10) percent in any five (5) year period. Ce In a CG zone, a use that is a permitted use or a conditional use in any C zone or any M zone may be continued and a conditional use permit may be granted for expansion of the floor area or the site area occupied by the use by not more than a total of ten (10) percent in any five (5) year period. Do In an M zone, a use that is a permitted use or a condtional use in any M zone may be continued, provided that nonconformity with screening and performance standards requirements shall be eliminated as prescribed in Section 9.7. A use permitmay be granted for expansion of the floor area or the site area. In any zone any nonconforming use or structure may be ordered terminated by the City Council within a period of time less than specified in Section 9.5B, C and D, provided upon a finding that said termination can reasonably be accor~lished. It is the duty of the City Council to provide a reasonable amortization period in the event of such a finding. (In no case, however, shall the period provided for notification be aborgated.) SECTION 9.9 NOTICE OF EI.I/~INATION DATE FOR NONCONFORMING USE AND STRUCTURE When the Planning Services Director determines the existence of nonconforming uses listed in Section 9.7 (Elimination of Nonconforming Uses and Structures) and notifies the ownerby certified or registered mail of the provisions and dates for compliance with the provisions of Section 9.7 the time periods prescribed shall comnence. The first notification shall precede the date by which elimination is required by not less than the time periods prescribed in Section 9.7. Thereafter, notification shall be given annually in the same manner as the first notification. The City Clerk shall be required to record at the office of the county recorder any notice of termination of a nonconforming use or structure. 130 SE~--~F~ON ! 0 ~X]iXS'FRATXON SECT]ON lO.O %he zoning map and zoning development regulations may be amended by changing the boundaries of ~my zone or by changing and zoning development regulation or any other provision of this Ordinance in accord with the procedure prescribed in this Section. SECTION 10.0.2 INITITATION A change in the boundaries of any zone may be initiated by the owner or the authorized agent of the c~aer of the property by filing an application for a change in zone boundaries as prescribed in this section. If the property for which a change of zone is proposed is in more than one ownership, all the owners or their authorized agents shall join in filing the application. B. A change in the boundaries of any zone or a change in the regulations may be initiated by resolution of the City Council. SECTION 10.0.3 APPLICATION: DATA AND MAPS TO BE FURNISHED A property owner or his authorized agent, desiring to propose a change in the boundaries of the zone in which his property is located, may file with the Planning Services Director an application for a change in zone boundaries on a fora prescribed by the Planning Services Director and shall include the follc~ing data: A. Name and address of the applicant. B. Statement that the applicant is the owner or the authorized agent of the owner of the property for which the cJmnge in zone boundaries is proposed. C. Address and legal description of the property. Do An accurate scale drawing of the site and the surrounding area shying existing streets and property lines, and existing and proposed zcme boundaries, for a distance determined by the Planning Services Director to be necessary to illustrate the relationship to and impact on the surrounding area, but not less than 300 feet or more than 600 feet from the property proposed for rezoning. E. Co~.plete environmental assessment information cn forms supplied by the Planning Services Director. 131 SECTION 10.0.3 APPLICATION: DATA AND MAPS TO BE ~JRNISHED (cont.) FJ A property ownership list, listing the names, addresses, and Assessor's Parcel Number of all property owners within five hundred (500) feet of the exterior boundaries of the subject property. ~he list shall be obtained from the latest equalized assessment roll issued by the San Diego County Assessor. G. A radius map drawn en the Assessor's Parcel Maps, indicating the subject property with a five hundred (500) foot radius drawn around the property. ~he Planning Services Director may require additional information or maps if they are necessary to enable the Council to determine whether the change is consistent with the objectives of this Ordinance. ~he Planning Services Director may authorize omission of the map required by this section if it is not necessary. SECTION 10.0.4 FEE The application City Council to this Section. shall be acc~,¥anied by a fee established by Resolution of the oover the cost of processing the application as prescribed in SECTION 10.0.5 PUBLIC HEARING BY CITY COUNCIL The City Council shall hold a public hearing on each application for a change in zone boundaries or for a change of the zoning development regulations. The hearing shall be set and notice given as prescribed below: Ae The City Clerk shall set the time and place of the public hearing, required by this Ordinance; the Council tomy continue the time or place of a hearing. The City Council shall hold a public hearing on a rezcning request, or an amendment within forty (40) days after the compliance with the California Environmental Quality Act, Public Resources Code Section 21000 through and including Section 21176 and amendments thereof. Bo Notice of a pablic hearing shall be given not less than l0 days nor more than 30 days prior to the date of the hearing by publication in a newspaper of general circulation l~ablished in the City of P~ay. When the hearing concerns a matter other than an amendment to the text of this Ordinance, notices of l~ablic hearings before the City Council shall be mm~ led to all persons whose names appear cn the latest adopted tax roll of San Diego County as owning property within five hundred (500) feet of the exterior boundaries of the property that is the subject of the hearing. SECTION 10.0.6 INVESTIGATION AND REPORT The Planning Services Director shall make an investigation of the application or proposal and shall prepare a report thereon which shall be submitted to the City Council and to the applicant prior to the public hearing. SECTION 10.0.7 ACTION BY THE CITY COUNCIL Ne City Council shall calendar a public hearing on an application or a proposal within 40 days after compliance with the California Environmental Quality Act Sections 21000 through 21176 inclusive of the Public Resources Code. A. If the Council finds that the change is consistent with the objectives of this ordinance, the General Plan and development policies of the City, it shall introduce mn ordinance amending the zoning map or zoning development regulations, whichever is appropriate. B. If the Council finds that the chmnge is not consistent with the objectives of this Ordinance, the General Plan and development policies of the City it may deny the application, continue it for changes to be consistent, or reject the proposal. SECTION 10.0.8 CITY COUNCIL ACTION FINAL - REHEARING ~he City Council's action to approve or deny is final. rehear and reconsider its action as follows: The City Council may A. If there is new m~d different evidence not available at the previous hearing, the applicant, or any other interested persen adversely affected by the action, may file a written request for rehearing along with such evidence, with the City Clerk. B. Any such request for rehearing must be filed in writing with the City Clerk within ten (10) calendar days after the action which is the subject of the request. C. Upon receipt of the request the City Clerk shall submit the matter to City Council, along with any staff reports or recommendations, at its next regular meeting. At that meeting the City Council may, at its discretion, either take no further action cn request or set the matter for another public hearing which shall be held within 40 days after the date upon which the Council accepted request for a rehearing, unless the applicant consents to a continuance. D. ~l~e public hearing shall be noticed in the same manner as prescribed in Section 10.0.5. E. A reas~able fee may be charged for the processing of any such request. F. At such hearing, the Council may sustain or modify any of its actions which were the subject of the request, or may deny or reject the appeal or complaint of the applicant. 133 SECTION 10.0.9 G~R~LAL PLAN CONSISTENCY AND ALTERNATE CLASSIFICATION IN LIEU OF PROPOSED CLASSIFICATION When the Council determines, following a p~blic hearing on a change in the boundaries of any zone, that a change to a zone classification other than the proposed classification specified in the hearing notice is desirable, the Council may adopt an alternate classification to a proposed classification in accord with the following schedule: Proposed Land Use Category in Public Hearing Notice Alternate Zone that may be Considered RR-A thru C OS RS-2 RR-A thru C, OS RS-3 RR-A thru C, RS-2, OS RS-4 RR-A thru C, RS-2, RS-3, OS RS-7 RR-A thru C, RS-2, RS-3, RS-4, OS RC RR-A thru C, RS-2, Rs-3, RS-4, RS-7, OS RA Any other R Zone, OS RSC RA, RC CO None CN None CG CO CC None MP None MHP RS-7, RC OS None PRD RR-A thru C, OS PC RR-A and existing underlying zone In order to more properly acc~m=odate these alternate zone classifications, the Notice of Public Hearing shall indicate the alternate classifications, if any, which City Council could consider. SECTION 10.0.10 NEW APPLICATION Following the denial of an application for a change in zone boundaries or a change in the zoning development regulations, an application or request for the same or substantially the same change shall not be filed within one calendar year of the date of denial. SECTION 10.0.11 CHANGE OF ZONING MAP A change in zone boundaries shall be indicated by listing on the zoning map the n~nber of the Ordinance amending the map. 134 SECTION 10.! CONOITIONAI. SECTION 10.1.1 PURPOSE In order to give the use regulations the flexibility necessary to achieve the objectives of this ordinance, in certain zones conditional uses are permitted, subject to the granting of a Conditional Use Permit. Because of their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the zoning development regulations and with respect to their effects on surrounding properties. In order to achieve these purposes, the City Council is emp~ered to grant and to deny applications for use permits for such conditional uses in such zones as are prescribed in the zone regulations and to impose reasonable conditions upon the granting of Conditional Use Permits. SECTION 10.1.2 APPLICATION DATA AND MAPS TO BE FdRNIS~ Application for a Conditional Use Permit shall be filed with the Planning Services Director cn a form prescribed by the Planning Services Director and shall include the following data and maps: A. Name and address of the applicant. B. Statement that the applicant is the owner or the authorized agent of the the owner of the property on which the use is proposed to be located. %his provision shall not apply to a proposed public utility right-of-way. C. Address and legal description of the property. D. Statement indicating the precise manner of compliance with each of the appliable provisions of this ordinance, together with any other data pertinent to the findings prerequisite to the granting of a use permit, prescribed, in Section 10.1.7. SECTION 10.1.3 E. A list of all owners of property located within five hundred (500) feet of te exterior boundaries of the subject property; the list shall be keyed to a map showing the location of these properties. F. Plot plans and elevations, fully dimensioned, indicating the type and location of all buildings and structures, parking and landscape areas and signs. Elevation plans shall be of sufficient detail to indicate the type and color of materials to be employed and methods of illumination for signs. Screening, landscape and irrigation plans shall be included in the plans. G. The Planning Services Director may waive requirements of this section or require additional data as deemed necessary to the decision-making process. The application shall be accompanied by a fee established by Resolution of the City Council to cover the cost of handling and processing the application as prescribed in this Section. ]35 SECTION 10.1 .4 PUBLIC HEARING The City Council shall calendar a public hearing on each application for a Conditional Use Permit. /he hearing shall be set and notice given as prescribed in Section 10.0.5 (Public Hearing by City Council). At the public hearing, the Council shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in Section 10.1.7. SECTION 10.1.5 INVESTIGATION AND REPORT 2he Planning Services Director shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the City Council and made available to the applicant prior to the public hearing. SECTION 10.1.6 ACTION OF THE CITY COUNCIL Within 21 days follc~ing the closing of the public hearing on the Conditional Use Permit application, the City Council shall act on the application. %he Council may grant by Resolution a Conditional Use Permit as the permit was applied for or in modified form, or the application may be denied. A Conditional Use Permit may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the Council may prescribe. Conditions may include, but shall not be limited to: 1. Requiring special yards; 2. Open spaces; 3. Buffers; 4. Fences; 5. Walls; 6. Requiring installation and maintenance of landscaping; 7. Requiring street dedications and improvements; 8. Regulation of points of vehicular ingress and egress; 9. Regulation of traffic circulation; 10. Regulation of signs; 11. Regulation of hours of operation and methods of operations; 12. Control of potential nuisances; 13. Prescribing standards for maintenance of buildings and grounds; 14. Prescription of development schedules and development standards; and 15. Such other conditions as the Council may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, and welfare. Variations from regulations prescribed eleswhere in this chapter for fences, walls, hedges, screening, and landscaping; site area, width and depth; front, rear, and side yards; coverage; height of structures; distances between structures; usable open space; signs; off-street parking facilities or frontage on a pablic street, shall be separately administered in accordance with the procedures in Section 10.2.0 of this ordinance. ~he decision of the City Council is final and effective within ten (10) calendar days unless a request for rehearing is filed in accordance with Section 10.0.8 (City Council Action Final - Rehearing). 136 SECTION 10.1.7 FINDINGS %he City Council shall make the following findings before granting or modifying a conditional use permit: That the proposed location size, design, and operating characteristics of the proposed use is in accord with the title and purpose of this Ordinance, the purpose of the zone in which the site is located, the Poway General Plan, and the development policies and standards of the City; and ~hat the location, size, design, and operating characteristics of the proposed use will be cu~.~atible with and will not adversely affect or materially detrimental to adjacent uses, residents, buildings, structures, or natural resources. C. %hat the hamony in scale, bulk, coverage, and density is consistent with adjacent uses. D. ~l~at there public facilities, services, and utilities are available. E. %hat there will not be a harmful effect upcn desirable neighborhood char- acteristics. That the generation of traffic will not adversely impact the capacity and physical character of surrounding streets and/or the Circulation Element of the General Plan. G. That the site is suitable for the type and intensity of use or development which is proposed. H. That there will not be significant harmful effects upon environmental quality and natural resources. I. That there are no other relevant negative impacts of the proposed use that cannot be mitigated· ~hat the impacts, as described in 10.1.7 A through I, and the proposed location, size, design and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity nor be contrary to the adopted General Plan. K. %hat the proposed Conditional Use will cuHply will each of the applicable provisions of this Ordinance, except for approved variances. SECTION 10.1.8 LAPSE OF CONDITIONAL USE PERMIT A Conditional Use Permit shall lapse and shall become void one year following the date on which the Use Permit was approved, unless prior to the expiration of one year: A buiding permit is issued and construction is c~,.enced and diligently pursued toward completion on the site which was the subject of the use permit application; or 137 SECTION 10.1.8 LAPSE OF CONDITIONAL USE PERMIT (cont.) 2. A certificate of occupancy is issued for the stucture which was the subject of the Use Permit application; or 3. %he site is occupied in accordance with conditional use, if no building permit or certificate of occupancy is required, or ~he use which w~s the subject of the Use Permit application is c~a~,enced, provided that a Use Permit for a public utility installation may be valid for a longer period if specified by the City Council. Bo A Conditional Use Permit subject to lapse may be renewed for an additional period of one year, provided that prior to the expiration date, an application for renewal of the Use Permit is filed with the Director of Planning Services cn the prescribed form and accompanied by the necessary data and fees. C. ~he Council may grant or deny an application for renewal of a Conditional Use Permit. If the use, business, or service for which the Conditional Use Permit was issued terminates or ceases operation for a continuous period of time in excess of one hundred and eighty (180) calendar days except for: 1. Destruction or damage by acts of GOd; or 2. Destruction or damage by malicious acts; or 3. Remodeling or rehabilitation requiring prolonged closure; %he Conditional Use Permit shall expire; the permit shall thereafter be of no further force or effect. SECTION 10.1.9 PRE-EXISTING CONDITIONAL USES A major, minor, or conditional use legally established prior to the effective date of this Ordinance or prior to the effective date of subsequent amendments to the regulations or zone boundaries, shall be permitted to continue, provided that it is operated and maintained in accord with the conditions prescribed at the time of its establishment, if any; and provided that it meets the requirements of Section 10.1.8. Be Alteration or expansion of a pre-existing conditional use shall be permitted only upon the granting of a use permit as prescribed in this Section, provided that minor alterations as determined by the Director of Planning Services shall be permitted without the granting of a Conditional Use Permit. 138 SECTION 10.1 .9 PRE-EXISTING CONDITIONAL USES (cont.) A Conditional Use Permit shall be required for the reconstruction of a structure housing a pre-existing conditional use if the structure is destroyed by fire or other calamity, by act of God, or by the public enemy to a greater extent than 50 percent. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the City Engineer and Building Official and shall be based on the minimun cost of censtructien in compliance with the Building Code. SECTION 10.1.10 MODIFICATION OF CONDITIONAL USE Section 10.1.2 through 10.1.8 shall apply to an application for modification, expansion, or other change in a conditional use, provided that minor revisions or modifications may be approved by the Planning Services Director if it is determined that the changes would not affect the findings prescribed in Section 10.1.7 (Findings). SECTION 10.1.11 SUSPENSION AND REVOCATION If in the opinion of the Director of Planning Services, a violation of any applicable provision of this Ordinance; or, if granted subject to conditions, upon failure to c~ly with conditions; or that, as a result of evidence now available and not available at the prior hearing whenpermit was granted and could not have been obtained with reasenable diligence at that hearing, the findings made, pursuant to Section 10.1.7, can no longer be made; or that the permit was obtained by fraud, a Conditional Use Permit shall be set for public hearing for possible revocation. The City Council shall hold a public hearing within 40 days, in accordance with procedure prescribed in Section 10.1.4 (Public Hearing). If the City Council is not satisfied that the regulation, general provision, or condition is being complied with, they may revoke the Conditional Use Permit or take such action as may be necessary to ensure c~¥1iance with the regulation, general provision, or condition. %he decision shall become final on the date set by the City Council unless request for rehearing b~ been filed within the prescribed period, in which case Section 10.0.8 (City Council Action Final - Rehearing) shall apply. SECTION 10.1.12 NEW APPLICATIONS Following the denial of a Use Permit application or the revocation of a Use Permit, no application for a Use Permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the Use Permit. SECTION 10.1.13 USE PERMIT TO RUN WITH THE LAND A Use Permit granted pursuant to the provisions of this Section shall continue to be valid upon a change of ownership of the site, business, service, use or structure which was the subject of the Use Permit application. 139 SE(iTION 10.2 VAR IAN(iF_,S SECTION 10.2.1 PURPOSES AND AUTHORIZATION Ao Variances from the terms of the Zoning Ordinance shall be granted only when, because of special cir~n.~tances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the Zoning Development Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zcning classification. Any Variance granted shall be subject to such conditions as will assure that the deviation thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. The pc~er to grant Variances does not extend to use regulations. Flexi- bility to the zening regulations is provided in the Conditional Uses provisions of this Ordinance. Ce The City Council may grant Variances to the zoning development regulations prescribed by this ordinance in accord with the procedure prescribed in this section, with respect to fences, walls, hedges, screening and landscaping; width, and depth; front, rear, and side yards; coverage; height of structures; distances between structures; usable open space; signs; off- street parking facilities, or frontage on a public street. SECTION 10.2.2 APPLICATION: DATA AN MAPS TO BE MJRNISHED Application for a Variance shall be filed with the Planning Services Director on a form prescribed by the Planning Director and shall include the following data and maps. A. Name and address of the applicant. B. Statement that the applicant is the owner or the authorized agent of the ~ner of the property on which the Variance is being requested. C. Address and legal description of the property. Statement of the precise nature of the Variance requested and the practical difficulty or unnecessary physical hardship inconsistent with the objectives of the zoning regulations that would result from a strict or literal interpretation and enforcement of the specified regulation, together with any other data pertinent to the findings prerequisite to the granting of a Variance, prescribed in Section 10.2.7 (Findings). An accurate scale drawing of the site and any adjacent property affected, showing, when pertinent, the contours at intevals of not more than five (5) feet, and all existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking facilities, and landscaped areas. 140 SECTION 10.2.2 APPLICATION: DATA AND btAPS %0 BE FURNISHED (cont.) Fe A list of all owners of property located within five hundred (500) feet of the exterior boundaries of the subject property; the list shall be keyed to a map showing the location of these properties. %he Planning Services Director may require additional information or plans, if they are necessary, to enable a determination as to whether the circumstances prescribed for the granting of a Variance exist. ~he Planning Services Director may authorize cmission of any or all of the plans and drawings required by this section if they are not necessary. SECTION 10.2.3 F~KR %he application shall be acc~Hpanied by a fee established by Resolution of the City Council to cover the cost of handling and processing the application as prescribed in this Section. A single application may include requests for Variances from more than ene regulation applicable to the same site, or for similar Variances on two or more adjacent sites with similar characteristics. SECTION 10.2.4 PUBLIC HEARING The City Council shall calender a p~blic hearing on an application for a Variance. The hearing shall be set and notice given as prescribed in Section 10.0.5 (Public Hearing by City Council). At a public hearing, the Council shall review the application, statements, and drawings submitted therewith and shall receive pertinent evidence concerning the Variance, particularly with respect to the findings prescribed in Section 10.2.7 (Findings). SECTION 10.2.5 INVESTIGATION AND REPORT The Planning Director shall make an investigation of each application that is the subject of a public hearing and shall prepare a report thereon which shall be submitted to the City Council and made available to the applicant prior to the public hearing. SECTION 10.2.6 ACTION OF THE CITY COUNCIL Within 21 days following the closing of the pablic hearing on a Variance application, the City Council shall act on the application. The Council may grant by P~solution a Variance as was applied for or in modified form, or the application may be denied. Variance for signs may be conditioned to expire with the change of copy for the use, be reviewed on a periodic basis or be required to conform upon change of ownership, and/or shall automatically expire upon any designated period of time. 141 SECTION 10.2.7 FINDINGS The City Council may grant a Variance to a regulation prescribed by this Ordinance with respect to fences, walls, hedges, screening, or landscaping; width, or depth; front, rear, or side yards, coverage; height of structures; usable open space, or frontage on a public street, as the Variance was applied for or in modified form, if, on the basis of the application and the evidence submitted, the Council makes findings of fact that establish that the circt~mstances prescribed in paragraphs A, B, C, D, E, and F below do apply. A. That there are special circumstances applicable to the property, (size, shape, topography, location or surroundings) or the intended use of the property, and because of this, the strict application of the Zoning Development Ordinance deprives the property of privileges enjoyed by other properties in the vicinity under identical zoning classification; and B. /hat granting the Variance or its modification is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone and denied to the property for which the Variance is sought; and C. /hat granting the Variance or its modification will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements in such vicinity and zone in which the property is located; and D. The granting of this Variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated; and E. The granting of this Variance does not allow a use or activity which is not otherwise expressly authorized by the zoning development regulation goveming the parcel of property. F. That granting the Variance or its modification will not be incompatible with the Poway City General Plan. SECTION 10.2.8 SIGNS: ADDITIONAL FINDINGS The City Council may grant a Variance for sign location and other similar performance standards except area and height as the Variance was applied for or in modified form, if on the basis of the application and the evidence submitted, the Council makes findings of fact that establish that the circumstances prescribed in Section 10.2.7 (Findings) apply and the following circumstances also apply. A. That the granting of the Variance will not detract from the attractiveness or orderliness of the City's appearance or the surrounding neighborhood. B. That the granting of the Variance will not create a hazard to public safety. 142 SECTION 10.2.9 PARKING: ADDITIONAL FINDINGS Ihe City Council may grant a Variance to a regulation prescribed by this Ordinance with respect to off-street parking facilities as the Variance was applied for or in modified form if, on the basis of the application and the evidence submitted, the Council makes findings of fact that establish that the circunstances prescribed in Section 10.2.7 (Findings) apply and the following circumstances also apply: 1hat neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation; and Be ~hat the granting of the Variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets; and C. Ihat the granting of the Variance wil not create a safety hazard or and other condition inconsistent with the objectives of this Ordinance. SECTION 10.2.]0 EFFECTIVE DATE OF VARIANCE A decision of the City Council on a Variance shall be effective immediately unless a request for rehearing is filed within ten (10) calendar days. SECTION 10.2.1 1 LAPSE OF VARIANCE Ae A Variance shall lapse and shall become void one year following the date on which the variance became effective unless prior to the expiration of one year, a building permit is issued and construction is oou~enced and diligently pursued toward completion on the site which was the subject of the Variance application, or a permit is issued authorizing occupancy of the site or structure which was the subject of the Variance application, or the site is occupied if no building permit or certificate of occupancy is required. Be A Variance may be renewed for an additional period of one year provided that prior to the expiration of one year from the date when the Variance became effective, an application for renewal of the Variance is filed with the Planning Services Director. C. Ihe City Council may grant, grant conditionally, or deny an application for renewal of a Variance. SECTION 10.2.12 REVOCATION If in the opinion of the Director of Planning Services, a violation of any applicable provision of this Ordinance; or, if granted subject to conditions, upon failure to comply with conditions; or that, as a result of evidence now available and not available at the prior hearing when permit was granted and could not have been obtained with reasonable diligence at that hearing, the 143 SECTION 10.2.12 REVOCATION (cont.) findings made, pursuant to Sections 10.2.7, 10.2.8 and/or ]0.2.9, can no longer be made; or that the variance was obtained by fraud, the variance shall be set for public hearing for possible revocation. The City Council shall hold a public hearing within 40 days, in accordance with procedureprescribed in Section 10.2.4 (Public Hearing). If the City Council is not satisfied that the regulation, general provision, or condition is being complied with, they may revoke the variance or take such action as may be necessary to ensure compliance with the regulation, general provision, or condition. The decision shall become final cn the date set by the City Council unless request for rehearing bas been filed within the prescribed period, in which case Section ]0.0.8 (City Council AmtionFinal - Rehearing) shall apply. SECTION ]0.2.13 NEW APPLICATION Following the denial or revocation of a Variance application, no application for the same or substantially the same Variance on the same or substantially the same site shall be filed within one year of the date of denial or revocation of the Variance. SECTION ]0.2.]4 VARIANCE Rk~ATED TO PLANS SUBMITI~D Unless otherwise specified at the time a Variance is granted, it shall apply only to the plans and drawings submitted as part of the application. ~44 SRCTION 10.3 D~-OPI~'~ R~I~,I PROC~N/~R SECTION 10.3.1 PURPOSE The provisions of Section 10.3.1 through Section 10.3.12 shall be known as the Development Review Procedure. The City of Poway finds that a development review process supports the implementation of the Poway General Plan. The City further finds that the quality of residential, c~mercial, industrial and public/quasi public uses has a substantial impact upon the visual appeal, environmental soundness, economic stability, and property values of the City. This Chapter is not intended to restrict imagination, innovation or variety, but rather to focus on design principles which can result in creative imaginative solutions for the project and quality design for the City. It is, therefore, the purpose of this Chapter to: Recognize the interdependence of land values and aesthetics and provide a method by which the City may implement this interdependence to its benefit. Encourage the orderly and harmonious appearance of structures and property within the City along with associated facilities, such as but not limited to signs, landscaping, parking areas, and streets. Maintain the public health, safety and general welfare, and property throughout the City. D. Assist private and public developments to be more cognizant of public concems for the aesthetics of developments. E. Reasonably ensure that new developments, including residential, commercial, industrial, and public/q~si public developments, do not have an adverse aesthetic, health, safety or architecturally related impact upon existing adjoining properties, or the City in general. F. Ensure that the proposed development c~.plies with all of the provisions of the Zoning Ordinance and the General Plan SECTION 10.3.2 APPLICABILITY In order to safeguard and enhance the appearance and quality of development of the City of Poway, Development Review approval shall be required prior to the issuance of any building permit for single-family subdivision developments; single family homes (custom); multiple-family developments; mobilehome parks; c~auercial or industrial establishments, and public/quasi-public uses, including additions, alterations and redeveloment thereof. 145 SECTION 10.3.3 PLANS AND DRAWINGS TO BE SUBMITTED In addition to meeting all of the other requirements of the Zoning Ordinance, any applicant for a building permit for the establishment of single-family subdivision developments; single family home (custom); multiple-family developments; the establishment of cuaaercial; industrial, public/quasi- public uses; including additions, alterations and redevelopment thereof shall submit the following plans m~d drawings to the Director of Planning Services for review: A site plmn, drawn to scale, showing the proposed location of structures and other improvments including, ~here appropriate, driveways, pedestrian walks, off-street parking areas, lmudscaped areas, fences, and walls. /he site plan shall indicate the locations of off-street parking areas including entrances and exits and the direction of traffic flow into and out of off-street parking areas. Bo A conceptual l~ndscape plan, drawn to scale, showIng the locations of existing trees proposed to be removed or retained on the site, the location and design of landscaped areas and the varieties and sizes of plant materials to be planted therein, and other landscape features as may be necessary to illustrate the landscape concept. C. Architectural drawings drawn to scale, including floor plmns in sufficient detail to permit c~np~tation of yard requirements and all elevations of the proposed structures as they will appear upon coktoletion. All exterior surfacing materials and colors shall be specified. D. Accurate scale drawings of all signs indicating their size, material, color, and illumination, if any. E. Conceptual grading and drainage plans. Such other data as may be required by the Director of Planning Services to ensure that the purposes of this Section are satisfied. SECTION 10.3.4 REVIEW AND EVALUATION /he Director shall review and evaluate development plans submitted to him in accordance with the following guidelines: Ae Scope. /he Director shall review and evaluate development plans for conformance with the development review standards and criteria set forth in the pertinent sections of the Zoning Ordinance. Modifications Required for Approval of the Development Plan. The Director may specify modifications, changes, and additions to the development pl an in his reconmendation or requirements for its approval. Such recommendations may be suggested by the Director to eliminate or mitigate significant adverse environmental effects disclosed by any environmental impact report or modifications, changes and additions that are necessary to meet the purpose of this Chapter. 146 SECTION 10.3.4 REVIEW AND EVALUATION (cont.) Improvements Required for Approval of the Development Plan. The Director shall insure that all development plans provide for on- and off-site improvements which maybe required to implement the purposes of this Chapter the Zoning Ordinance, the General Plan and all policies of the City Council. SECTION 10.3.5 ACTION BY DIRECTOR The Director shall have the authority to approve, deny or modify applications for Minor Development Review projects as designated below: Single family hemes not within a tract subdivision, i.e. custom homes. 2. Room additions or residential developments that are equal to less than 50% of the existing square footage. Remodeling, alterations or additions of c~,,ercial and industrial buildings at less than 10,000 sq. ft. or 25% of the existing square footage whichever is more restrictive. Be For all other Development Review approvals, the Director shall recomnend approval, with conditions or disapproval of said application in a report to the City Council. SEL~ION 10.3.6 ACTION BY THE CITY COUNCIL Within 60 days of the date that application is deemed complete by the Director, the City Council shall approve, conditionally approve, or disapprove the application, or shall request the applicannt to revise said applications. Failure of the Council to act within 60 days shall be deemed approval of the application unless the applicant shall consent roan extension of time. SECTION 10.3.7 APPEAL TO CITY COUNCIL ON MINOR DEVELOPMENT REVIEW A decision of the Director onaMinorDevelopment Review maybe appealedwithin 10 days to the City Council by the applicant or any other interested person, upon paying the established fee, or the Directors decision, may be appealed by a member of the City Council without fee. SECTION 10.3.8 ACTION BY CITY COUNCIL ON APPEAL At its next regular meeting followingthe filing of an appeal ofthe Director's decision cn a Minor Development Review, the City Council shall approve, conditionally approve, or disapprove the plans and drawings or shall request the applicant to revise the plans and drawings. Failure of the City Council to act within 30 days from the appeal shall be deemed approval of the p]mns and drawings unless the applicant shall consent to an extension of time. 147 SECTION 10.3.9 CONDITIONS Development Reviews may be approved or modified subject to the performance of such conditions, including the provision of required improvements as the Council, or the Director in the case of a Minor Development Review, shall deem to be reasonable m~d necessary, or advisable under the circunstances, so that the objectives of the Zoning Ordinance, General Plan and City Conmcil policies shall be achieved. Such conditions shall be imposed and enforced as follows: Ae Security May be Required to Ensure Performance. In order to ensure the performance of conditions imposed concurrent with the granting or modification of a development plan, the applicant may be required to furnish security in the form of money or surety bond in the amount fixed by the authority granting or modifying the development piton. Such security shall be furnished as required by local ordinance. Be Provision of Required Improvements. Whenever a Development Review approval is granted or modified subject to the condition that specified improvements be provided by the applicant, such improvements shall be installed by the applicant and approved and accepted by the cognizant City authority, the applicant shall execute an agreement with the cognizant City authority pursuant to local ordinance to make such improvements prior to the time or events specified in the Development Review approval. Condition Declared Void. Whenever there becomes final any judgement of a court of competent jurisdiction declaring (ne or more of the conditions of a Development Review approval to be void or ineffective, or enjoining or otherwise prohibiting the enforcement or operation of one or more of such conditions, said Development Review approval shall cease to be valid and all rights or privileges granted thereby shall lapse, as provided by Section 10.3.11. Violation of Condition. Whenever a Development Review is approved or modified by the approving authority subject to a condition or conditions, use or enjoyment of the Development Review approval in violation of or without observance of amy such condition shall constitute a violation of the Zoning Ordinance and said Development Review approval may be revoked or modified as provided in Section 10.3.10. SECTION 10.3.10 REVOCATION OR MDDIFICATION OF DEVEIDPPRiVr REVIEW APPROVAL FOR CAUSE A Development Review approval may be revoked or modified by the approving authority for cause as provided by the provisions of this section. For purposes of this section, the modification of a Development Review approval may include the modification of the terms of the Development Review approval itself or the waiver, alteration, or imposition of new conditions pursuant to Section 10.3.9. 148 SECTION 10.3.10 REVOCATION OR MODIFICATION OF DEVELOP~5~N~T REVIEW APPROVAL FOR CAUSE (cont.) Grounds for Revocation or Modification. A Development Review approval may be revoked or modified by the approving authority pursuant to the provisions of this section upon a finding of any one or more of the following grounds: 1. %hat such Development Review approval was obtained or extended by fraud. 2. %hat cne or more of the conditions upon which such Development Review approval was granted have been violated. ~hat the use for which the Development Review approval was granted is so conducted as to be detrimental to the public health or safety, or as to be a nuisance. %hat construction on the subject property is not in conformance with the Development Review approval or other applicable requirements. Be Notification. The Director shall notify the owner of the property of his action in the same manner as specified in the Building Code for revocation of a building permit, or by written notice to the owner of the subject property as shown cn the latest assessment roll or as indicated by later information available to the Director. C. Appeal. Revocation or modification of a Development Review approval may be appealed pursuant to Section 10.3.7. SECTION 10.3.11 AUTOMATIC REVOCATION OF DEVELO~ REVIEW APPROVAL If a Development Review is approved or modified subject to one or more conditions, such Development Review approval shall cease to be vaild, and all rights or privileges granted thereby shall lapse, notwithstanding any other provisions of the Zoning Ordinance to the contrary. Whenever there becomes final any judgement of a court of competent jurisdiction declaring one or more of such conditions to be void or ineffective, or enjoining or otherwise prohibiting the enforcement or operation of one or more of such conditions said Development Review approval shall also cease to be valid. SECTION 10.3.12 EXPIRATION AND EXTENSION Any approval of a Development Review shall expire within one year of such approval except where construction or use of the property in reliance on such Development Review approval has conmenced prior to its expiration. If construction and use of the property in reliance cna Development Review approval has not conmenced within the one year period, said period may be extended by the City Council for a period not exceeding 6 months for each application up to a maximin of two years from the daate of original approval. 149