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Ord 266ORDINANCE NO. 266 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA AMENDING TITLE 17 (ZONING DEVELOPMENT CODE) OF THE POWAY MUNICIPAL CODE (ZOA 88-04) WHEREAS, the City Council periodically finds it necessary to amend Title 17 (Zoning Development Code) of its Municipal Code in response to changing conditions within the City; and WHEREAS, the City Council of the City of Poway has initiated and approved a General Plan Amendment (GPA 88-02B) amending the text of several elements of the General Plan concerning the establishment of the "Open Space-Recreation" land use designation; and WHEREAS, the City Council has determined that it is necessary and desirable to amend Title 17 by adding provisions for the imple- mentation of the "Open Space-Recreation" land use designation; and WHEREAS, the City Council further finds that the zoning Development Code should be amended to maintain consistency with the General Plan as required by the California Government Code; and WHEREAS, The City Council held a duly advertised public hearing to provide interested parties the opportunity to address the pro- posed amendment. NOW, THEREFORE, BE IT ORDAINED that the City Council does hereby adopt the following amendments as part of Title 17 (Zoning Development Code) of the Poway Municipal Code: Section 1: Environmental Findings: The City Council of the City of Poway hereby finds that the amendment will not cause significant adverse impacts on the environmental and issues a Negative Declaration. Section 2: An amendment to Title 17 (zoning Development Code) of the Municipal Code is hereby established by the modification of Chapter 17.22, Section 17.22.010(A), as indicated by the following underscored type: Ordinance No. 266 Page 2 CHAPTER 17.22 OS - OPEN SPACE ZONE 17.22.010 ae Be PURPOSES This zone is intended for general agriculture, open space, private uses, and public uses. Only those additional uses are permitted that are complementary to, and can exist in harmony with, open space. There is no size limitation, and it is the intent that this zone may be applied to a portion of a lot pro- vided that the remainder of the lot meets the requirements for which it is zoned. In addition to the objectives outlines in Section 17.02.010 (Purposes and Scopes), the Open Space zone is included in the zoning regulations to achieve the following purposes: 1. To preserve open space for the conservation of natural resources. 2. Maintain the natural character of the land. 3. Provide for public-/quasi-public uses. 4. Conserve areas of historic and community significance for the enjoyment of future generations. 5. Provide for private use of land under limited development. 6. Promote public health and safety. Section 3: An amendment to Title 17 (zoning Development Code) of the Municipal Code is hereby established by the addition of Chapter 17.24 and shall read as follows: CHAPTER 17.24 OS-R - OPEN SPACE-RECREATION ZONE 17.24.010 PURPOSES ae This zone is intended primarily for privately-owned lands that provide a range of active-recreational opportunities within the community. These active-recreational opportunities are meant to serve the recreational and social interaction needs of city residents of all ages, economic situations, and physical con- ditions. A limited number of publicly-owned lands may also be Be Ordinance No. 266 Page 3 included in this zone subject to approval by the City. Only those additional uses are permitted that are complementary to, and can exist in harmony with, the open space-recreation land use and surrounding land uses. The minimum parcel size is two (2) gross acres, and it is the intent that this zone be applied to an entire parcel of land or to a portion of a parcel of land, provided that the remainder of the parcel meets the area requirements for which it is zoned. In addition to the objectives outlined in Section 17.02.010 (Purpose and Scope), the open space-recreation zone is included in the zoning regulations to achieve the following purposes: To preserve open space for the conservation of natural resources. ® Maintain the natural character of the land while providing for compatible on-site recreational uses. Provide public or private commercial active-recreation uses and activities on either publicly- or privately-owned land within the community. e Promote land use compatiblity with existing or planned residential, commercial, manufacturing, and open space land uses which surround the OS-R zone activity or land use. e Encourage in-fill active-recreation land uses which pro- vide a range of opportunities within the community that serve the recreational and social interaction needs of City residents of all ages, economic situations, and phy- sical conditions. e Provide for the conservation and preservation of environ- mentally significant physical and cultural resources. Provide for recreational opportunities within planned communities and planned residential developments. Be Provide for associated building construction and develop- ment which is architecturally compatible and sensitive to existing and planned land uses on the same parcel of land and on surrounding properties. Ordinance No. 266 Page 4 17.24.020 PERMITTED AND CONDITIONAL USES: OS-R ZONE The 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. 1. Art galleries (enclosed or open-air) 2. Batting cages 3. Botanical and zoological gardens 4. Cemeteries, crematories, columboriums and related facilities C 5. Churches and other religions institutions C 6. Club houses and pro shops associated with public and private golf courses C 7. Country clubs C 8. Driving range, with or without associated golf course (public and private) C 9. Eighteen-hole golf course (private and public) C 10. Freestyle/motocross bicycle courses C 11. Go-cart tracks C 12. Hospitals C 13. Ice skating rink C 14. Kiddie parks C 15. Lawn bowling (public or private) P 16. Museums C 17. Motorized vehicle park (scale model Grand Prix) C 18. Nine-hole executive golf course (private) C OS -R C C C Ordinance No.266 Page 5 19. Open air amphitheater 20. Other commercial recreational uses that the City may determine similar in nature 21. Par or running course 22. Public buildings and grounds 23. Public or private non-profit educational institutions 24. Racquetball/handball court 25. Riding academies and stables (public and private) 26. Riding and hiking staging areas/rest areas 27. Rodeo arena 28. Roller skating rink 29. Sale and consumption of alcoholic beverages 30. Skateboard parks 31. Soccer park (public and private) 32. Sports park, including but not limited to the following land uses: ae Batting cage Driving range Miniature golf course Racquetball/handball court Tennis courts Motorized water craft Arcade/game room 33. Swim clubs 34. Tennis courts 0S-R C C P C C C C C C C C C C C C C Ordinance No. 266 Page 6 35. Water theme park, including but not limited to the following land uses: Se wave tech pool water slides wading pool picnic area (public and private) 17.24.030 ACCESSORY USES OS-R OS-R 1. Accessory structures and uses located on the same site as a permitted use. P 2. Accessory structures and uses located on the same site as a conditional use. C 17.24.040 TEMPORARY USES Temporary uses as prescribed in Chapter 17.26 C 17.24.050 PROPERTY DEVELOPMENT STANDARDS: OS-R ZONE The following regulations shall apply to the site of a Permitted or Conditional use. The requirements are minimum unless otherwise stated. No building permit shall be issued for any parcel having a lot area of less than two (2) gross acres. Where an open space- recreation land use is located on a portion of a larger parcel of land, the area remaining within the larger parcel shall meet the minimum area requirement of the underlying zone. Each building site shall have a minimum 20 foot wide vehicular access to a public street. 17.24.060 GENERAL REQUIREMENTS OS -R Density - Maximum dwelling unit per site to be utilized for on-site caretaker housing purposes. 2. Minimum gross acreage of site 3. Lot width (in feet) 350 4. Flag lots 20 5. Lot depth (in feet) 250 Ordinance No. 266 Page 7 (NOTE: 350 feet by 250 feet = 87,500 square feet = 2 gross acres. Where cul-de-sac or odd, irregular-shaped parcels are concerned, the City Council shall determine whether the parcel dimensions are appropriate, provided that in total, the parcel contains a minimum of two gross acres.) 6. Front yard setback (in feet) 20 7. Side yard setback (in feet), each side 20/20 8. Side yard setback street side (in feet) 20 9. Rear yard setback (in feet) 20 10. Lot coverage, maximum 30% 11. Building and structure height (Maximum in feet) 35 feet or two stories, which- ever is less, or as expressly auth- orized pursuant to an adopted Specific Plan 12. Off-street parking (See Chapter 17.42, to be determined by the city Council) 17.24.070 SPECIAL REQUIREMENTS ae In any OS-R zone, a minimum setback of twenty-five feet shall be required whenever a parcel of land in the OS-R 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, hazards, or environmental concerns. When any property in an OS-R zone abuts a property in a commer- cial or manufacturing zone, the minimum side and rear yard set- backs may be reduced at the discretion of the City Council, and such reduction shall not constitute a variance. Ce In the OS-R zone, new construction and reconstruction or reha- bilitation of existing buildings and/or sites shall be in accordance with the following design criteria: Development Plan. A development plan shall be prepared for the entire site under consideration regardless whether development is contemplated in the near future. The pur- pose of the development plan is to show conceptually, where buildings might be located and where and how parking, on-site and off-site circulation will function. De Ee Ge Ordinance No. 266 Page 8 ® Site Development Standards. The site development stan- dards shall be consistent with the requirement of the OS-R zone as indicated in Section 17.24.050 and herein. The standards shall be reminiscent and reflective of the early farming and rural country character of Poway and con- sistent with the Community Design Element of the General Plan. The site plan should use imaginative, creative, and stimulating architectural design with special con- sideration given to the provision of the following items where appropriate: Low intensity lighting Pedestrian comfort stations Generous landscaping Decorative paved walkways Basic design theme Separation of pedestrian and vehicular rights-of-way Architecturally integrated ground mounted equipment such as trash receptacles and transformers Bus or transit shelter as determined by the Director of Planning Services Adequate bicycle and motorcycle parking as determined by the City Council Architectural compatibility with on-site and surrounding structures Children's play area with appropriate adult super- vision A park-like landscaped quiet area for passive and family picnic area Ail exterior lighting shall be constructed in accordance with Sections 17.080.200(K), 17.10.150(H), and 17.12.150(F). Ail development in the floodplain shall be in accordance with the National Flood Insurance requirements and local ordinance. A minimum of two (2) toilets and one (1) wash basin is required to be provided for each gender. Hours of operation of any land use or activity located in any OS-R zone shall be restricted to between 8 a.m. to 10 p.m. week- days, weekends, and holidays. Any exceptions to these time limits with regard to special events shall be subject to a Temporary Use Permit granted by the city Council. Ail gambling and the sale and consumption of illegal drugs on- site is strictly prohibited. The sale and consumption of alcoholic beverages shall be prohibited except as permitted by conditional use permit. Ordinance No. 266 Page 9 Je Where any open space-recreation zoned parcel fronts on more than one street, it shall be considered to have multiple fron- tages and be required to meet the front yard setback require- ment on all street frontages. Driveways in all open space-recreation zones shall be constructed subject to the following standards: Max. Grade Break Max. Slope Min. Surfacing Width 10% (min. tangent length - 15 feet) 8% 6" P.C.C. or 2" A.C. if approved by the City Engineer Min. 15 ft. Max. 35 ft. Fire Access - 10 ft. min. 17.24.080 PERFORMANCE STANDARDS: OS-R ZONES A. In all OS-R zones, required front and street side yards shall be landscaped. Said landscaping shall consist predominantly of plant materials except for necessary walks and drives. All planting and irrigation shall be in accordance with the City's Landscape Manual. All required landscaping shall be per- manently maintained in a healthy and thriving condition, free from weeds, trash, and debris. A minimum of fifty (50) trees per net acre shall be required as part of the landscaping requirement; 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. B. 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 mini- mize energy consumption requirements, including, but not necessarily limited to, the following conservation measures: 2. 3. 4. 5. 6. 7. Cogeneration South facing windows Eave coverage for windows Double glazed windows Earth berming against exterior walls Green houses Deciduous shade trees C® Ordinance No. 266 Page 10 Do Ee Fe Where an open space-recreation land 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. Where the adjacent grade of the abutting residential property is four feet or more lower or higher that the project site, the masonry wall shall be a minimum of six feet in height. Framed stucco walls may be permitted in lieu of a masonry wall upon determination by the city Council that the substituted wall is compatible with the proposed project, surrounding pro perty uses, and the noise level requirements herein. No walls are required in front or street side yards unless needed for noise attenuation and/or privacy. In addition, fifteen (15) gallon trees, twenty (20) feet on-center, and shrubbery shall be installed and maintained along the inside of the wall in a ten (10) foot wide, raised landscaped planter to provide a dense landscape screen. Where an open space-recreation land use abuts property in any commercial or manufacturing zone, fencing and/or walls may be required, as necessary, to mitigate potential negative impacts to adjacent properties. Wherever off-street parking areas are facing the front or side yard of property in a residential zone, a masonry wall or berm three feet in height shall be erected in the landscaped area between the required landscape area and the parking area to adequately screen said parking areas from the residential pro- perties. 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. All new and existing utili- ties connections within the boundaries of the project shall be placed underground. Transformers, terminal boxes, meter cabi- nets, pedestals, concealed ducts, and other facilities may be placed above ground. The requirement for undergrounding existing utilities shall not apply to any overhead power transmission lines in excess of 34.5KV and long distance and main trunk communication facilities. The requirement for undergrounding existing utility connections may be waived or modified by the city Council in accordance with criteria and provisions for such as adopted by resolution of the City Council. Ordinance No. 266 Page 11 The noise level emanating from any open space-recreation land activity shall not exceed 60 dBA CNEL, as the acceptable out- door noise exposure level when measured at the property line. Ail ground mounted mechanical equipment, including heating and air conditioning units, and trash receptacle areas, shall be screened from surrounding properties by use of a wall or fence or shall be enclosed within a building. Structural and design plans for any required screening under the provisions of this section shall be approved by the Planning Services Director. Ail roof appurtenances including, but not limited to air con- ditioning 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. Je Reciprocal ingress and egress, circulation and parking arrange- ments shall be required to facilitate the ease of vehicular movement between adjoining properties. Ke Odor. No use shall be permitted which creates odor in such quantities as to be readily detectable beyond the boundaries of the site. ne In any OS-R zone, the regulations regarding non-conforming uses and structures shall be in accordance with Chapter 17.44 of the Poway Municipal Code. Me Recreation vehicle parking areas shall be provided, fully screened from view or the development shall prohibit all parking of recreation vehicles. 17.24.090 ACCESSORY STRUCTURES: OS-R ZONES ao Accessory Buildings and Structures. Accessory buildings and structures (attached or detached) shall meet all of the requirements for location of the main structure as constructed or required by the zone, whichever is less restrictive; except as herein provided. Where open space-recreation uses abut any residential zone, the following shall apply. Accessory buildings or structures that are attached to the main building shall be allowed to encroach into the required rear yard setback up to one-half (½) of the distance. Ordinance No.266 Page 12 0 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 struc- ture is located no closer than five (5) feet to an interior side or rear lot line and is at least ten (10) feet from the main structure. Be e Swimming pools and spas shall be located a minimum of three (3) feet from the main structure exterior or interior walls and shall comply with all fencing require- ments of the Poway Municipal Code. Canopiest 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. Ce Shall be entirely open on at least three sides for patios and canopies except for necessary supporting columns. A roof connecting a main building and an accessory building shall be open on two sides. Other Structures. Porches, steps, architectural features, such as eaves, awnings, and chimneys, and balconies, stairways, wing walls, or bay windows may project not more than four (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. 17.24.110 WALLS AND FENCES: OS-R ZONES Be In any required street setback area, opaque fencing shall not exceed 30 inches in height, except for retaining walls as approved through the development review process. In any required rear or interior side yard area, a wall or fence shall not exceed six (6) ~eet in height except as required by Subsections C and D of Section 17.24.080. Ordinance No. 266 Page 13 Co A wall or fence adjacent to a driveway or street providing vehicular access to an ~butting lot or street shall not exceed three (3) feet in height within fifteen (15) £ee~ of the inter- section of said driveway and the street right-of-way and/or shall comply with CalTra~'s design standards for site visibi- lity. Corner cut-offs may be required for safety and-visibi- lity (see examples below)~ ~'-k SIGHT TRIANGLE // ,~ 15' ',,, I · , SIDEWALK . , ,, _ 'i,.~ i,.- ~ - ..~ .... · ... ~.::...: .v-.-t .j' . ' ." -'. ::t :':::: "-h,~".':-'::'.;".. :J:;.;'~':-:~':"~';~'f'.: :.%:;;:'.'-":"-."." -"' .'-E".'. '~ ':'~'.'.~: .:%;.:! ;;.-:-'.' -'"..?.; :'.-'-'~'-!.]-'.:.: ?:.'.':'.';!:' ~-~'?.lL'.~:.'.:.."- ;l?::.'.'; ..~,' ' ' .?.'-_: '~;'7.j ' '-'L: i i:'~I 1`~;~;~:f:~`~::ii:!~`~`~.~;;~y~:~;~-~:~;~:~;~/j~::~;?;~ :- i'.:;.':'".::j :'! L:"':'-'"~ F'-~ ,'=~-.' ~ · v~ ;":~.'~; .~F" ..-..:'.: ;-::-::~": ~"'i:"'-:';?"!;:': '-J:. '; ?:::: :i:-' "?-;;-.;'"'":-.:' - :: .{-'....' '-." : ..;. ~. ,"',i · --., , ,'"', i ~ ...:..v · -:.j .. -::; . .-... -... .... ... · :::-....:- ... j .' ....:-_'{ .::: '..: SIGHT TRIANGL-'= STREET De Ee Fiberglass sheeting, bamboo sheeting or other similar tem- porary material shall not be permitted as a fencing material in any OS-R zone. A wall or fence up to eight (8) feet in height may be allowed by the Director of Planning Services where necessary for noise attenuation from arterial streets or other noise sources. The wall or fence shall be designed and constructed in accordance with the objectives and policies of the General Plan Community Design Element (Objective 10 - Entry and Exterior Walls). Ordinance No. 266 Page 14 F® Where barbed wire strands, razor wire, or concertina wire (coiled barbed wire) is placed at the top of a wall or fence, such material shall maintain a minimum vertical clearance of six feet above grade and shall be maintained in a safe condition. Go It is unlawful for an owner of a parcel of land within the City of Poway to keep barbed wire or any other type of wire fencing in an unsafe, abandoned, or materially dangerous condition. Unmaintained wire fencing, including but not limited to, barbed wire, razor wire, and concertina wire (coiled barbed wire), is hereby declared to be a public nuisance and shall be subject to the Nuisance Abatement Procedure, Chapter 8.72 of the Poway Municipal Code. H. It is unlawful to place razor wire or concertina wire on the roof-top of any building. 17.24.120 SIGNS: OS-R ZONES No sign or outdoor advertising structures shall be permitted in any OS-R zone except as provided in Chapter 17.40. Section 4: The City Council of the City of Poway hereby finds that this zoning ordinance amendment is consistent with the Poway General Plan and the intent and purpose of the Zoning Development Code and the California Government Code, Section 65450. EFFECTIVE DATE: This ordinance shall take effect and be in force thirty (30) days after the date of its passage; and the City Clerk of the City of Poway is hereby authorized to use summary publica- tion procedures pursuant to Government Code Section 36933 utilizing the Poway News Chieftain, a newspaper of general circulation published in the City of Poway. Introduced and first read at a regular meeting of the city Council of the City of Poway held the 26th day of July, 1988, and thereafter PASSED and ADOPTED at a regular meeting of said City Council held the 9th day of August, 1988 by the following roll call vote: Ordinance No. 266 Page 15 AYES: COUNCILMEMBERS: BRANNON, HIGGINSON, KRUSE, TARZY, EMERY NOES: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Ro~ert C. Emery, Mayor/~ Marjo . Wahlsten, City Clerk O/0-7-26.2-16