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
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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
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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.
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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.
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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.
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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:
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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
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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.
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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.
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Ordinance No. 266
Page 8
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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
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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
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Ordinance No. 266
Page 10
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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.
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Reciprocal ingress and egress, circulation and parking arrange-
ments shall be required to facilitate the ease of vehicular
movement between adjoining properties.
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Odor. No use shall be permitted which creates odor in such
quantities as to be readily detectable beyond the boundaries of
the site.
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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.
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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
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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
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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.
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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.
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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
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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
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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'
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· , SIDEWALK . ,
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SIGHT
TRIANGL-'=
STREET
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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
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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.
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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