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