ORDINANCE NO. 2021-1511
AN ORDINANCE OF THE CITY OF SAN MARCOS, CALIFORNIA, AMENDING TITLE 20, CHAPTERS 20.215, 20.300, AND 20.600, AND ADDING CHAPTER 20.470, AND TITLE 19, ADDING CHAPTER 19.44, OF THE SAN MARCOS MUNICIPAL CODE TO CONFORM WITH THE REQUIREMENT S OF THE 2021/2022 S TATE HOUSING LEGISLAT ION
REGARDING TWO-UNIT RESIDENTIAL DEVELOPMENT AND URBAN LOT SPLITS (SB 9) (TEXT AMENDMENT 21-0004)
WHEREAS, Senate Bill 9 was signed by Governor Newsom on September 16, 2021 and becomes effective January 1, 2022 (“SB 9”); and
WHEREAS, SB 9 requires local jurisdictions to approve infill developments of up to four units in existing single -family residential zones, subject only to objective local standards that would permit at least two units of 800 square feet per lot in single; and WHEREAS, pursuant to SB 9, the City will be required to ministerially approve proposed urban lot splits and housing developments containing no more than two residential units within a single-family residential zone, without discretionary review or hearing, if the proposal meets certain requirements; and
WHEREAS, SB 9 permits local agencies to apply additional objective zoning, subdivision, and design review standards as long as those standards would not physically preclude construction of two residential units of at least 800 square feet on each lot; and WHEREAS, to preserve the limited regulatory authority afforded to cities by SB 9, it is imperative that the City update its laws consistent with SB 9; and WHEREAS, adoption of the proposed amendments to S MMC Titles 19 and 20 will allow the City to regulate developments under SB 9 by: (i) requiring setbacks of four feet; (ii) mandating that each unit has at least one dedicated off-street parking spot; (iii) prohibiting accessory dwelling units and junior accessory dwelling units on the same parcel on which a development has been constructed under SB 9; (iv) requiring easements for public services and facilities; (v) limiting each unit constructed under SB 9 to 800 square feet; (vi) ensuring that both parcels created under an SB 9 lot split have access to the public right-of-way; and (vii) requiring maintenance of fire buffers in urban lot splits; and
WHEREAS, the Planning Commission considered this matter on November 30, 2021 and voted 6-1 to recommend that the City Council adopt of this ordinance, with minor modifications, as described in the Staff Report presented for City Council consideration with this ordinance; and WHEREAS, this Ordinance is exempt from review under the California Environmental Quality Act ( “CEQA;” California Public Resources Code Section 2100 0 et seq .) and CEQA regulations (Title 14, California Code of Regulations Section 15000, et seq .) because an ordinance adopted to implement SB 9 is not considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
Ordinance No. 2020-1511
December 14, 2021
NOW, THEREFORE, the City Council of the City of San Marcos, California, in accordance with the freedom afforded to charter cities generally, and by the Charter of the City of San Marcos specifically, does ordain as follows:
Section 1. The foregoing recitals are found to be true and correct and are incorporated herein as though set forth in full at this point.
Section 2. Title 19 of the San Marcos Municipal Code is he reby amended to add Chapter 19.44, as set forth in Exhibit 1 to this Ordinance.
Section 3. Title 20 of the San Marcos Municipal Code is hereby amended to add Chapter 20.470, as set forth in Exhibit 2 to this Ordinance.
Section 4. Title 20, Chapter 20.215 of the San Marcos Municipal Code is amended as reflected in Exhibit 3 to this Ordinance.
Section 5. Title 20, Chapter 20.300 of the San Marcos Municipal Code is amended as reflected in Exhibit 4 to this Ordinance.
Section 6. Title 20, Chapter 20.600, Section 20.600.220 of the San Marcos Municipal Code is amended as reflected in Exhibit 5 to this Ordinance.
Section 7. If any section, sentence, clause or phrase of this Ordinance is determined to be invalid, illegal or unconstitutional by a decision or order of any court or agency of competent jurisdiction, then such decision or order will not affect the validity and enforceability of the remaining portions of this Ordinance. The City Council declares that it would have passed and adopted the Ordinance, and each section, sentence, clause or phrase thereof, regardless of the fact that any one or more s ections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
Section 8. Within fifteen (15) days following adoption of this Ordinance, the City Clerk shall certify to the passage of th e Ordinance and cause the same to be published, or the title thereof as a summary, in accordance with the provisions of State law in a newspaper of general circulation designated for legal notices publication in the City of San Marcos.
Ordinance No. 2020-1511
December 14, 2021
INTRODUCED at a regular meeting of the City Council of the City of San Marcos, California, held on the 14th day of December, 2021.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of San Marcos, California, at a regular meeting thereof, held on this _____ __ day of _______________, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
Rebecca D. Jones, Mayor
City of San Marcos
ATTEST: APPROVED AS TO FORM:
Phillip Scollick, City Clerk Helen Holmes Peak, City Attorney City of San Marcos City of San Marcos
TITLE 19 – SUBDIVISIONS
CHAPTER 19.44 –URBAN LOT SPLIT SUBDIVISION REQUIREMENTS
CHAPTER 19.44 URBAN LOT SPLIT SUBDIVISION REQUIREMENTS
19.44.010 Urban lot split subdivision.
No person shall create an urban lot split subdivision except by the filing of an urban lot split map approved pursuant to this title and the Subdivision Map Act.
19.44.020 Preparation of urban lot split map.
The urban lot split map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall show the location of streets and property lines bounding the property and shall conform to all of the following provisions:
A. The provisions of Section 66445 of the Subdivision Map Act.
B. Shall be based upon a field survey made in conformity with the Land Surveyors Act. (Gov.
Code § 66448)
19.44.030 Application.
A. A subdivider applying for an urban lot split subdivision plat shall file an application with the City Engineer, together with copies of an urban lot split map. An applicant for an urban lot split subdiv ision shall sign and submit with the application an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three (3) years from the date of the approval of the urban lot split. This affidavit shall be recorded with the San Diego County Recorder . An affidavit shall not be required of an applicant that is either a “community land trust” or a “qualified nonprofit corporation” as defined in the Revenue and Taxation Code.
B. The City Engineer shall not accept an application or map for processing unless the City Engineer finds that the urban lot split map is consistent with the zoning provisions of this code and that all approvals and permits required by the city zoning provisions for t he project have been given or issued.
C. Notwithstanding the provisions of subsection B of this section, an urban lot split map may be processed concurrently with documents, permits or approvals required by the zoning provisions of this code, if the applic ant first waives the time limits for processing, TITLE 19 – SUBDIVISIONS
CHAPTER 19.44 –URBAN LOT SPLIT SUBDIVISION REQUIREMENTS
approving, or conditionally approving or disapproving an urban lot split map provided by this title or the Subdivision Map Act.
19.44.040 Information to be filed with urban lot split map.
Such information as may be prescribed by the rules and regulations approved by the city council and such additional information as the City Engineer may find necessary with respect to any particular case to implement the provisions of this title shall accompany the urban lo t split map at the time of submission, including a certificate of an engineer or land surveyor in accordance with Section 66449 of the Subdivision Map Act, and a certificate in accordance with Section 66450 of the Subdivision Map Act relating to unincorporated territory.
19.44.050 Requirements for urban lot split map.
The City Engineer shall ministerially approve a parcel map for an urban lot split only if the City Engineer determines that the parcel map for the urban lot split meets all of the following requirements:
A. Both newly created parcels shall be no smaller than 1,200 square feet.
B. Both newly create parcels shall be of approximately equal lot area, which for purposes of this paragraph shall mean that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
C. New unit size shall be subject to the standards in Section 20.470.030. Maps shall show the footprints of existing and proposed structures.
D. The parcel being subdivided is located within a single-family residential zone.
E. The parcel being subdivided satisfies the requirements of paragraph (2)(C) of subdivision (a) of Government Code section 66411.7 or any successor provision thereto.
F. The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to person and families of moderate, low, or very low income.
2. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
3. A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Government Code section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations TITLE 19 – SUBDIVISIONS
CHAPTER 19.44 –URBAN LOT SPLIT SUBDIVISION REQUIREMENTS
from rent or lease within 15 years before the date that the developm ent proponent submits an application under this Chapter.
4. Housing that has been occupied by a tenant in the last three years. An applicant for an urban lot split subdivision must demonstrate whether any existing housing on the parcel was owner occupied or vacant to City Engineer’s satisfaction.
G. The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or l isted as a city or county landmark or historic property or district pursuant to a city or county ordinance.
H. The parcel has no t been established through prior exercise of an urban lot split as provided for in this Chapter.
I. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this Chapter.
J. All easements required for the provision of public services and facilities shall be dedicated or conveyed by an instrument in a form acceptable to the City Engineer.
K. Units constructed on an urban lot split subdivision approved pursuant to this chapter shall be subject to and comply with the minimum setback requirements specified in Sections
20.300.050 and 20.470.030.
L. Units constructed on an urban lot split subdivision approved pursuant to this chapter shall not exceed sixteen feet (16’) in height and one story, measured from preexisting grade or finished grade, whichever is lower, to the highest point of the roof.
M. Each unit located on a parcel created pursuant to this chapter shall have vehicular ingress and egress to the public right-of-way.
N. Parking spaces for new units shall be provided in accordance with Sections 20.215.050,
20.340, and 20.470.030.
O. The uses allowed on a parcel created pursuant to this Chapter shall be limited to residential uses.
P. Rental terms of d welling units constructed on urban lot split subdivision lots shall be subject to the standards in Section 20.470.030.
Q. Prior to approval of an urban lot split subdivision, the applicant shall have complied with the covenant recording requirement contained in Section 20.470.030.
R. The urban lot split subdivision shall comply with all requirements of the City’s Subdivision Ordinance and the California Subdivision Map Act except as expressly modified by this Chapter.
TITLE 19 – SUBDIVISIONS
CHAPTER 19.44 –URBAN LOT SPLIT SUBDIVISION REQUIREMENTS
19.44.060 Grading plan.
There shall be filed with each urban lot split map a grading plan showing graded building site elevations and grading proposed for the creation of building sites or for construction or installation of improvements to serve the subdivision. The grading plan, together with the original topography contours, may be shown on an exhibit to the urban lot split map. The grading plan shall indicate approxim ate earthwork volumes of proposed excavation and filling operations. Off-site grading is prohibited if it affects the public right of way. For off-site grading affecting private property owners, bonds securing the work done on each affected property, and the written permission of each affected property owner must be submitted and approved prior to the commencement of work. In the event no grading is proposed, a statement to that effect shall be placed on the urban lot split map. All grading shall be subject to Chapter 17.32.
19.44.070 Preliminary title report
There shall be filed with each urban lot split map, a current preliminary title report of the property being subdivided or altered.
19.44.080 Revised urban lot split map.
Where a subdivider desired to revise an approved urban lot split map, the subdivider may file with the City Engineer, prior to the expiration of the approved urban lot split map, a revised urban lot split map on payment of the fees specified in Chapter 19.08.
19.44.090 City Engineer – Duties.
The City Engineer or his or her designee is authorized and directed to carry out the following duties, concerning applications for urban lot split maps under this chapter.
A. Obtain the recommendations of other city departments, governmenta l agencies or special districts as may be deemed appropriate or necessary by the City Engineer in order to carry out the provisions of this title;
B. Consider all recommendations and materials submitted and ministerially approve or disapprove the application.
TITLE 19 – SUBDIVISIONS
CHAPTER 19.44 –URBAN LOT SPLIT SUBDIVISION REQUIREMENTS
19.44.100 Consideration of urban lot split map – Notice of decision.
Within 50 calendar days after a n application is deemed complete for an urban lot split map is filed with it, the City Engineer shall ministerially approve or disapprove such map. The time limit specified in this paragraph may be extended by mutual consent of the applicant and the city. If the urban lot split map is disapproved, the reasons therefor shall be stated in the notice of disapproval.
19.44.110 Disapproval of urban lot split map.
The City Engineer shall not approve an urban lot split map under any of the following circumstances:
A. The land proposed for division is a lot or parcel which was part of an urban lot split map that the City previously approved.
B. The subdivision proposed creation of more than two lots or more than four units total among the two lots.
C. The City Engineer finds that the urban lot split map does not meet the requirements of this code or that all approvals or permits required by this code for the project have n ot been given or issued.
D. Based on a preponderance of the evidence, the building official finds that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety of the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
E. The urban lot split’s failure to comply with applicable, objective requirements imposed by the Subdivision Map Act and this title. Any decision to disapprove an urban lot split map shall be accompanied by a finding identifying the applicable, objective requirements imposed by the Subdivision Map Act and this title or the conditions of approval which have not been met or performed.
19.44.120 Transmittal of urban lot split map to County Recorder.
After the approval by the City of an urban lot split map, the applicant or its agent shall transmit the map to the County Recorder. An urban lot split subject to Section 66493 of the Subdivision Map Act shall be processed in compliance with Government Code Section 66464(b).
TITLE 19 – SUBDIVISIONS
CHAPTER 19.44 –URBAN LOT SPLIT SUBDIVISION REQUIREMENTS
19.44.130 Correction and amendment of urban lot split map.
Corrections of and amendments to the urban lot split map shall be made pursuant to Section 66469 et seq. of the Act.
19.44.140 Additional subdivision prohibited.
No further subdivision of parcels created using the urban lot split subdivision procedures of this Chapter shall be permitted. Applicant/owner will execute a deed restriction satisfactory to the City Attorney to this effect which will be recorded against the property that is the subject of the application.
TITLE 20 - ZONING
CHAPTER 20.470 – TWO-UNIT RESIDENTIAL DEVELOPMENTS IN SINGLE FAMILY ZONES
Exhibit 2
CHAPTER 20.470 TWO-UNIT RESIDENTIAL DEVELOPMENTS IN SINGLE-FAMILY ZONES
20.470.010 Purpose.
The purpose of this chapter is to establish objective standards regulating two -unit residential developments in the City, in order to implement California Government Code section 65852.21, as it may be amended from time -to-time, and any successor statute (“Section 65852.21”). Notwithstanding anything contained in this chapter, the City reserves its right to make modifications to these standards, consistent with Section 65852.21.
20.470.020 Application.
(a) This chapter applies to proposed two -unit residential developments meeting the requirements set forth in Section 65852.21, subsection (a). (b) For purposes of this chapter , a “two -unit residential development” is one which proposes no more than two new units, or which proposes to add one new unit to an existing unit.
(c) A two -unit residential development proposed for development in a single -family residential zone, shall be considered without discretionary review or hearing, and shall be approved ministerially if it meets the requirements of Section 65852.21 , and the standards set forth in this chapter.
(d) Nothing in this chapter shall be applied in a way that would physically preclude: (i) the construction of up to two units; or (ii) either unit of a two-unit residential development from being at least 800 square feet in floor area.
20.470.030 Standards
(a) Accessory Dwelling Units. No more than four units – including primary dwelling units, accessory dwelling units, and/or junior accessory dwelling units in any combination – may be created on a parcel. If a parcel was created subject to the urban lot split provision of Chapter
19.44 and includes an existing or proposed two -unit development, then no accessory dwelling units or junior accessory dwelling units are permitted on the parcel. If a parcel was not created subject to the urban lot split subdivision provisions of Chapter 19.44 and includes an existing or proposed two-unit development, then one accessory dwelling unit may be developed for each primary dwelling unit on the parcel. If a parcel was creat ed subject to the urban lot split subdivision provisions of Chapter 19.44 and includes one primary dwelling unit only, then one accessory dwelling unit or one junior accessory dwelling unit for each primary dwelling unit is permitted.
(b) Unit Square Footage and Separation.
1. If a parcel includes an existing single -family home, one additional unit of not more than 800 square feet may be developed pursuant to this chapter. No more than 25 percent of the existing exterior structural walls shall be demolished to create the two-unit residential development, unless the existing single-family home has not been occupied by a tenant in the last three years.
2. If a parcel does not include an existing single -family home, or if an existing single-family home is pro posed to be demolished in connection with the creation of a two-unit residential development, two units of not more than 800 square feet each may be developed pursuant to this chapter.
3. Each new Residential Developments in Single -Family in a two -unit residential development shall be separated by a distance of at least ten feet from any other structure on the parcel; however, units may be adjacent or connected if the structures meet building code safety standards and are sufficient to allow separate conveyance.
(c) Setbacks.
Any construction of a two-unit residential development shall conform to all property development regulations of the zone in which the property is located including, but not limited to, height limits, stories, setback, lot coverage, landscape, and floor area ratio, as well as all fire, health, safety and building provisions of this title, subject to the following exceptions:
1. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
Verification of size and location of the existing and proposed structure by City staff requires the applicant to provide pre - and post-construction surveys by a California licensed land surveyor to the City’s satisfaction.
2. For all other dwelling units proposed in connection with a two -unit residential development, a minimum setback of four (4) feet, or the applicable setback for the zone, whichever is less, is required from the rear and side property lines.
(d) Parking.
Each two -unit residential development shall provide a minimum of one off -street parking space for each of the two units, except in either of the following instances:
1. the parcel is located within one -half mile walking distance of either a high - quality transit corridor, as defined in California Public Resources Code (“PRC”) Section 21155(b), or a major transit stop, as defined in PRC Section 21064.3; or
2. there is a car share vehicle located within one block of the parcel. (e) Percolation Test. For two-unit residential developments to be connected to an onsite wastewater treatment system, the City may require a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years.
(f) Easements. All easements required for the provision of public services and facilities shall be dedicated or conveyed by an instrument in a form acceptable to the City Engineer.
(g) Rentals. The rental of any unit of a two -unit residential development shall be for a period longer than thirty days.
(h) Owner Occupied. For applications that do not involve an urban lot split subdivision pursuant to Chapter 19.44, one of the dwellings on the lot must be the bona fide principal residence of at least one legal owner of the lot containing the dwelling, as evidenced at the time of approval of the two -unit residential development by appropriate documents of title and residency. Prior to the issuance of a building permit, the applicant shall provid e evidence that a covenant has been recorded stating that one of the dwelling units on the lot shall remain owner occupied.
(i) Height. Each new unit cannot exceed a maximum height of 16 feet. Two -story structures, or units proposed above a detached accessory structure are not permitted.
TITLE 20 - ZONING
CHAPTER 20.215 RESIDENTIAL ZONES
San Marcos, California, Code of Ordinances Created: 2021-03-31 20:32:04 [EST] (Supp. No. 5)
Exhibit 3
CHAPTER 20.215 RESIDENTIAL ZONES
Section 20.215.010 Purpose of Chapter
The purpose of this chapter is to specify the allowable uses, requirements, and development standards within the Residential Zones as established by the Zoning Map, and specifically to accomplish the following:
A. Establish Residential Zones to provide areas suitable for residential -only and estate living configurations that minimize the impacts from adjacent uses.
B. Facilitate a range of housing opportunities for single-family detached and multifamily attached dwelling units consistent with the existing residential character of the City.
Section 20.215.020 Purpose of Residential Zones
In addition to the purposes of this Zoning Ordinance and Chapter, the purpose and description of each Residential Zone are as follows:
A. Single-Family Zones.
1. Estate (R-1-20) Zone. To provide for single-family detached homes on lots of 20,000 square feet or greater, for a maximum density of two (2) units per one (1) acre. This Zone provides for estate and ranch-style homes with associated rural uses. The R-1-20 Zone is intended to implement and be consistent with the Rural Residential (RR) land use designation of the General Plan.
2. Residential Low (R-1-10) Zone. To provide for single-family detached homes on lots of 10,000 square feet or greater, for a maximum density of four (4) units per one (1) acre. This Zone provides for low-density living on large lots. The R-1-10 Zone is intended to implement and is consistent with the Very Low Density Residential (VLDR) land use designation of the General Plan.
3. Residential 1 (R-1-7.5) Zone. To provide for areas of single-family detached homes and related accessory uses exclusively. This Zone is intended for traditional subdivision layouts on lots of 7,500 square feet or greater. The R-1-7.5 Zone is intended to implement and be consistent with the Low Density Residential (LDR) land use designation of the General Plan.
4. Residential 2 (R-2) Zone. To provide for low-density, single-family attached homes that are suitable in massing and character for inclusion in single-family detached neighborhoods. The R-2 Zone is intended to implement and be consistent with the Low Medium Density Residential (LMDR) land use designations of the General Plan.
B. Multifamily Zones.
1. Residential (R-3-6) Zone. To provide for higher-density multifamily attached homes such as apartments, rowhouses, townhomes, motorcourts, and condominiums at a density of twenty (20) to thirty (30) dwelling units per acre (du/ac). The R-3-6 Zone is intended to implement and be consistent with the Medium High Density Residential (MHDR) land use designa tion of the General Plan.
2. Residential 3 (R-3-10) Zone. To provide for medium-density multifamily living at a density of twelve and one-tenth (12.1) to twenty (20) du/ac in a setting located in close proximity to services and bus lines with the opportunity for compatible boarding home and hotel uses. The R-
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3-10 Zone is intended to implement and be consistent with the Medium Density Residential 1 (MDR1) and Medium Density Residential 2 (MDR2) land use designation of the General Plan.
Section 20.215.030 Applicability
Land use permit requirements, as detailed in Table 20.215-1, and the regulations and development standards of this section shall be applicable to all existing and new uses, structures, modifications, additions, and activities within the Residential Zones.
Table 20.215-1
Permit Requirement Types and Processes
Symbol Permit Requirement Procedure Section
P Permitted use subject to compliance with all
applicable provisions of this Zoning Ordinance
and the process standards of Chapter 20.500.
20.500 (Permits and Applications Process)
DP Director's Permit (DP) is required for this use,
subject to review and approval by the
Director.
20.510 (Director's Permit)
CUP Conditional Use Permit (CUP) is required for
this, subject to review and approval per the
process standards of Chapter 20.500.
20.520 (Conditional Use Permits)
A Permitted uses restricted to accessory uses in
conjunction with a primary permitted use.
20.500 (Permits and Applications Process)
- - - Use not allowed. 20.205.030.C (Unlisted and Similar Compatible Uses)
Note: Any land use authorized through a permit approval process may also require Site Development Plan Review, a Building Permit, and/or other permit(s) required by this Code. For unlisted and similar uses, see Section
20.205.030.C (Unlisted and Similar Compatible Uses).
Section 20.215.040 Allowable Residential Uses
A. Permit Requirements. Table 20.215-1 identifies the types of land use permits required to establish land uses in the Residential (R) Zones, consistent with this Zoning Ordinance.
B. Residential Land Uses. Permitted uses in the Residential Zones shall be for the express purpose of establishing and protecting residential living environments from the impacts and nuisance of non -residential uses. Table 20.215-2 identifies the permitted land uses and required permit types in all Residential Zones.
Residential uses are intended to be the primary permitted use in all Residential Zones. See Figures 20.215 -1 through 20.215-5 for graphic representations of Zone development standards.
C. Additional Use Regulations. In addition to the regulations, development standards, and provisions of this chapter, all land uses are subject to the specific use standards identified in the "Additional Use Regulations" column of Table 20.215-2; refer to the referenced sections for additional operational standards and regulations applicable to the use. All land uses are also subject to all of the following standards: Chapters
20.320 (Signs on Private Property), 20.330 (Water Efficient Landscape Standards), 20.335 (Walls and Fences),
20.340 (Off-Street Parking and Loading), 20.400 (Specific Use Standards), 20.515 (Site Development Plan Review), 20.410 (Accessory Dwelling Units and Accessory Structures), and 20.470 (Two -Unit Residential Developments).
D. Prohibited Uses. When a use is not specifically listed, that use is prohibited. However, consistent with Section 20.205.030.C (Unlisted and Similar Compatible Uses), the Director shall have the authority to
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determine whether the proposed use shall be permitted or conditionally permitted based on the finding that the proposed use is similar to and no more detrimental than a particular use permitted in the Zone.
Table 20.215-2
Residential District Use Classifications
Land Use R-1-20 R-1-7.5/
R-1-10
R-2 R-3-6 R-3-10 Additional Use
Regulations
Residential Uses
Child Care Facility, Large
Family Home
DP DP DP DP DP 20.400.050 (Child
Care Facilities)
Child Care Facility, Small
Family Home
P P P P P 20.400.050 (Child
Care Facilities)
Community Garden DP DP DP DP DP
Continuing Care
Retirement Community
- - - - - - - - - - - - CUP 20.400.110 (Care
Facilities)
Duplex - - - - - - P P P
Residential Care Facility,
Large
DP DP CUP CUP CUP 20.400.110 (Care
Facilities)
Residential Care Facility,
Small
P P P P P 20.400.110 (Care
Facilities)
Rooming House - - - - - - - - - CUP CUP
Mobile/Manufactured
Home
P P - - - - - - - - - 20.245.050
Multifamily Dwelling - - - - - - P(2) P P
Planned Residential
Development (PRD)
CUP CUP CUP CUP CUP 20.435 (Planned
Residential
Development)
Private Residential
Garage
P P P P P 20.340 (Off-Street
Parking and Loading)
Single-Family Attached - - - - - - P - - - - - -
Single-Family Detached P P - - - - - - - - -
Accessory Dwelling
Unit/Accessory Structure
A A - - - - - - - - - 20.410 (Accessory
Dwelling Units and
Accessory Structures)
Two-Unit Residential
Development
P P P --- --- 20.470 (Two-Unit
Residential
Developments)
Supportive Housing P P P(2) P P
Transitional Housing P P P(2) P P
Recreation, Education & Public Assembly Uses
Animal Keeping, Small
and Large
As permitted by Chapter 20.415 20.415 (Animals)
Non-Commercial
Horticulture
P P P P P
Places of Assembly CUP CUP CUP CUP CUP 20.400.160 (Places of Assembly)
Stable, Private A - - - - - - - - - - - - 20.415 (Animals) Stable, Public CUP - - - - - - - - - - - - 20.415 (Animals)
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Public Park/Open
Space/Recreation
CUP CUP CUP CUP CUP
School CUP CUP CUP CUP CUP
Sport Court, Private DP DP - - - - - - - - -
General Retail Uses
Agricultural/Horticultural,
Plants and Crops
P A - - - - - - - - -
Agricultural/Horticultural,
Plants and Crops
Wholesale Production
DP - - - - - - - - - - - -
Lodging, Bed & Breakfast CUP - - - - - - - - - - - - Industrial, Manufacturing & Processing Uses
Winery/Tasting Room DP - - - - - - - - - - - - 20.425 (Bars, Alcohol- Service, and
Entertainment)
Transportation, Communication & Utility Uses
Antenna or
Communication Facility
CUP CUP CUP CUP CUP 20.465
(Telecommunications
Facilities)
Non-Public Antenna or
Communication Facility
P P P P P 20.465
(Telecommunications
Facilities)
Public Utilities CUP CUP CUP CUP CUP
(Ord. 2017-1445, 7/11/2017 - Amended)
Notes:
See Table 20.215-1 for permit types.
2. Limited to duplex, and 3- and 4-unit buildings designed in massing/character to appear as a single-family home, except where modified by a Planned Residential Development.
E. Site Development Plan Review Required. All attached residential developments, including all projects that comply with the allowed land use and development standards of this chapter, shall be submitted for Site Development Plan Review to the Planning Division; see Chapter 20.515 (Site Development Plan Review).
1. Multifamily Site Development Plan Review and a Planning Commission hearing is required for all projects applications of two (2) or more units in the R-2 and R-3 Zones.
2. Multifamily Site Development Plan Review and hearing before the Planning Commission and City Council are required for all project applications for ten (10) or more units in the R -2 and R-3 Zones.
F. Planned Residential Development. A CUP for a PRD may be permitted in all the Residential (R) Zones; see Chapter 20.435 (Planned Residential Development).
Within a PRD, single-family detached, single-family attached, duplex, and multifamily dwellings in a range of configurations may be permitted. These configurations may include a standard subdivision; alley loaded, cluster, or small-lot development; or courtyard site plans.
G. Outdoor Lighting. Any outdoor lighting affiliated with a non-residential, accessory, or animal use noted in Table 2.215-2 shall require a Director's Permit (DP) to ensure compatibility with adjacent uses. This may include sport courts and horse arenas. All other lighting shall be consistent with Section 20.300.080 (Light and Glare Standards).
H. On-Site Gardening Activities.
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1. Within the R-1 Zones, non-commercial gardens for the raising of vegetables, flowers, fruit an d nut trees, vines, and ornamental trees and shrubs is permitted by right.
2. Within the R-1-20 Zone, agricultural and horticultural activities may be allowed, subject to a DP. Such activities may include commercial, wholesale, greenhouses, and nurseries for producing vines, trees, and other horticultural stock.
3. On-site packaging and processing shall not be permitted, even if conducted within a residence or accessory structure.
Section 20.215.050 Residential Development Standards
A. Development Standard Compliance. The new development, design, construction, or establishment of land uses, and alterations to existing land uses, structures, and sites within Residential Zones shall conform to the regulations of Tables 20.215-3 and 20.215-4. Principal and accessory structures shall meet the same development standards unless otherwise modified by this Zoning Ordinance. See Figures 20.215 -1 through
20.215-5 for setback measurement standards by Zone.
Table 20.215-3
R-1 and R-2 Development Standards
Development
Standards(1)
R-1-20 R-1-10 R-1-7.5 R-2 Additional Use Regulations/Notes Density & Intensity
Maximum Density 2.0 4.0 6.0(2) 12.0
Maximum Building
Height
35 feet or
2 stories
35 feet or
2 stories
35 feet or
2 stories
35 feet or
2 stories
20.300.050.A, whichever is less
Minimum Single-Floor
Living Space Width(3)
Required
20 feet 20 feet 20 feet 14 feet
Lot Area (Square Footage) 20.300.030
Minimum 20,000(4) 10,000(4) 7,500(4) 3,500
Setbacks(5)(6) 20.215.050.D Table 20.225-5
Front, Living 35 feet 25 feet 20 feet 10 feet Other structures prohibited in front setback
Front, Garage 35 feet 30 feet 25 feet 20 feet* *Turn-in garages permitted at 15- foot front setback
Interior Side 10 feet 10 feet 7.5 feet 5 feet
Corner Side 15 feet 15 feet 10 feet 10 feet
Rear 30 feet 25 feet 20 feet* 15 feet *Turn-in garages permitted at 15- foot front setback
Between Buildings 10 feet 10 feet 10 feet 10 feet
Private Open Space 20.215.060.B
Ground Floor Unit - - - - - - 250
square
feet
Fenced patio or courtyard area
2nd-Story Unit - - - - - - 50 square
feet
A balcony or outdoor area is
required as a private 2nd story open
space which excludes walkways
and stairways
Parking & Garages 20.215.030.C.2
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Primary Unit 20.340 (Off-Street Parking and Loading)
Street Trees
Required - - 20.330 (Water Efficient
Landscape Standards)
Notes:
1. All standards are minimums unless otherwise noted.
2. Dwelling units per gross acre; density may increase to maximum of eight (8.0) du/ac. with a PRD
3. Interior dimension from exterior wall to exterior wall
4. Subject to gross slope/acreage analysis, Section 20.300.040 (Gross Slope/Acreage Analysis).
5. Setbacks shall be measured from back of ROW.
6. All lot development and setbacks shall be subject to the provisions of Section 20.300.060 (Special Setbacks for General Plan Routes); where standards conflict, the largest standard shall prevail.
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Table 20.215-4
R-3 and Attached Residential Development Standards
Development Standards(1) R-3-6 R-3-10 Additional Use Regulations/Notes Density & Lot Area (Square Footage) 20.515 (Site Development Plan Review)
Maximum Density 30 du/ac 20 du/ac Dwelling units per gross acre (du/ac)
Minimum Lot Size 6,000 10,000
Building Height 20.300
Maximum 35 feet or 2
stories
45 feet or 3
stories
Whichever is less
Building Setbacks(2)(3) See Table 20.215-5; for permitted encroachments, see Section
20.300.020.G
Primary Street (Front Setback -
Living)
15 feet 15 feet
Interior/Private Streets (Interior PL) 10 feet 10 feet Alley 3 feet or 18 feet+ Driveway dimensions between 3 feet and 18 feet in depth are
prohibited
Property Boundary
(adjacent to a separate lot or Zone)
Up to 3 units:
7.5 feet;
4+ units: 10 feet
10 feet
Parking (Any Property Line) 8 feet 5 feet
Between Buildings 10 feet Consistent with adopted Building Code based on building design
Private Open Space
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Ground Floor Unit 250 square feet Fenced patio or courtyard area 2nd-Story or Above Unit 50 square feet Balcony or outdoor area, excluding walkways and stairways
Common Open Space 20.215.060.B
Required Area equal to 30% of
livable ground floor area of all units
Common usable open space or
recreation areas
Refuse/Recycling Area
Required 20.445 (Refuse and Recycling
Facilities)
Parking & Garages
Requirements 20.340 (Off-Street Parking and
Loading)
Street Trees
Required 20.330 (Water Efficient Landscape
Standards)
Notes:
All standards are minimums unless otherwise noted.
2. Setbacks shall be measured from back of ROW.
3. All lot development and setbacks shall be subject to the provisions of Section 20.300.060 (Special Setbacks for General Plan Routes); where standards conflict, the largest standard shall prevail.
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B. Permitted Projections. See Section 20.300.020.G (Permitted Encroachment Standards) for permitted projection standards relevant to Residential Zones.
C. Other Site Features. Accessory dwelling units and accessory structure placement and encroachments shall be governed by Chapter 20.410 (Accessory Dwelling Units and Accessory Structures). Two-unit residential development placement and encroachments shall be governed by Chapter 20.470 (Two-Unit Residential Development).
(Ord. 2017-1445, 7/11/2017)
D. Lot Averaging. Lot averaging, consistent with Section 20.300.030 (Lot Averaging), shall be permitted in the R - 1-20, R-1-10, and R-1-7.5 Zones, subject to a CUP.
E. Gross Slope/Acreage Analysis. Minimum lot sizes in the R-1 Zones shall be determined based on slope calculations subject to Section 20.300.040 (Gross Slope/Acreage Analysis) and minimum lot areas of Tables
20.215-3 and 20.215-4.
F. Architectural Compatibility. All buildings, including secondary and accessory structures, walls, and fences located on a building site, shall be designed and constructed to be architecturally compatible with the primary residential building. Thematic architectural design shall be evident for all structures on a site.
Section 20.215.060 Multifamily Residential Development Design Guidelines The standards of this section are intended to facilitate development of superior-quality multifamily housing that is sensitive to the surrounding properties and enhances the quality of life in San Marcos. Design guidelines and criteria for multifamily residential housing are provided to ensure that quality architectural design and construction are achieved from project inception to completion. The following guidelines shall be used to encourage multifamily design to be functional in use, to be enhanced by architecturally pleasing massing and building orientations, and to maximize open space areas and other facilities.
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A. Applicability. This section pertains to the development and establishment of new land uses, all conversions of units within the R-2 and R-3 Zones, and all attached PRD residential development in any Residential Zone.
1. Prior to project design and application, a pre-application meeting with the applicant/representative and City staff shall be required to discuss guideline criteria and specific project application direction.
2. Criteria in this section shall be used in conjunction with site development review criteria as set forth in Chapter 20.515 (Site Development Plan Review) of this Zoning Ordinance.
3. Residential care facilities are exempted from the remaining provisions of this section. Design requirements for such facilities shall be identified during the pre-application process, and reviewed during Site Development Plan Review.
B. Multifamily Open Space Standards. The following open space criteria, subject to requirements of Table 20.215-4, shall be incorporated into the design of multifamily residential projects regardless of Zone:
1. Private open space is for the private use of individual dwelling units; minimum requirements are established by Table 20.215-4.
2. Common open space is required for all multifamily projects, in addition to private open space.
Common open space can be natural or improved, and shall include at least three (3) of the following on-site amenities:
a. Pool b. Spa
c. Multi-purpose recreation center d. Tennis court
e. Basketball court f. Volleyball court
g. Playground
3. Walkways and bike paths shall be used in the calculation of common open space.
4. The following areas shall not be considered as usable open space:
a. Child daycare facilities b. Staffing offices or areas c. Parking areas d. Private open space requirements
e. Private roads and driveways f. Areas exceeding ten percent (10%) slope
5. Recreational facilities shall be located and/or designed to minimize noise and visual conflicts from adjacent properties.
C. Child Play Area Amenities. Children's play areas (tot-lots) shall be incorporated into the design of multifamily housing projects, per the following criteria. Play areas and tot-lots shall qualify as common open space where the following minimum requirements are met:
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Image 20.215-1
Child play area shall be provided in centrally located areas of multifamily projects.
1. For every twenty-five (25) dwelling units, one (1) tot-lot shall be required (see Image 20.215-1). a. Minimum four hundred (400)-square-foot usable area.
b. "Leftover" land area in the project shall not qualify.
2. For projects of fifty (50) or more units, tot-lots shall be spaced a minimum of one hundred twenty (120) feet apart. The tot-lot spacing standard may be reduced based on site design characteristics, as determined by the Director.
3. Projects of seventy-five (75) or more units shall provide an additional usable recreation area, in addition to the area required by Sections 20.215.060.C.1 and 2 above, and/or facilities that contain a level play area with a minimum area of eight hundred (800) square feet.
4. All tot-lot areas shall be effectively buffered and/or fenced from adjacent street or parking areas.
5. All tot-lots shall be equipped with at least two (2) of the following elements: sandbox, climb bars/structure, a slide, swings, seesaw, or other appropriate play equipment.
6. To minimize street crossings, tot-lots shall be located in central areas of the project or distributed in "centrally located" portions of the residential project and in close proximity to the dwelling units.
Section 20.215.070 Multifamily Operational Standards
Consistent with Section 20.215.060.A (Applicability), the following operations standards shall apply:
A. On-Site Circulation.
1. For projects of twenty-five (25) units or more, a display and unit location map shall be installed at each major driveway entrance and any major walkway entrance to the project as an aid to emergency personnel and a convenience to visitors. An auto turnout lane shall be provided adjacent to the directory map to eliminate blocking the driveway entrance.
2. Central pedestrian/bike paths shall provide convenient access to bus stops, green belts, and public facilities. Walkway systems within the project can be linear or meandering systems, in keeping with the architectural building style.
3. Pedestrian crossings shall be provided at appropriate locations along main drives, and shall be accentuated by a change in surface textures. The minimum width dimension of any on-site walkway shall be four (4) feet wide, unless otherwise waived or modified by the Director or Site Development Plan Review board.
4. Walkway connections between buildings and street sidewalks are discouraged if they encourage on-street parking by residents.
5. Walkways adjacent to automobile parking spaces shall be wide enough to maintain a four (4) - foot-wide clear walking surface free from the intrusion of front bumper overhangs.
6. Parking requirements and standards for multifamily developments are addressed in Chapter
20.340 (Off-Street Parking and Loading).
B. Mechanical Equipment. All mechanical equipment and vents (including public utility boxes) shall be attractively screened by an enclosure structure that is architecturally similar to the residential unit style and appearance, or located within utility closets where feasible.
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1. Exterior-wall-mounted air conditioning units shall be architecturally harmonious with the building exterior color and finishes.
2. Rooftop vents shall be painted a color that is the same as the roof color and finish materials. Such vents and rooftop mechanical units should be located away from the building elevations that have street frontage, whenever and wherever possible.
C. Laundry Facilities Required. All developments of five (5) units or more shall be required to provide a laundry room, unless laundry facilities are provided within each unit.
D. Storage. Multifamily dwellings shall provide adequate on-site storage in areas screened from view.
1. Units with assigned enclosed garages shall be exempt from this requirement, provided that areas of the garage to be used as storage do not detract square footage from the required area to park a car; see Chapter 20.340 (Off-Street Parking and Loading).
2. Multifamily residential dwelling units that do not have enclosed garages are required to provide a minimum of fifty (50) square feet of enclosed exterior storage for each unit (minimum of two hundred (200) cubic feet).
a. These storage areas shall be provided adjacent to the living unit or carport. Hanging storage lockers over vehicles parked in carports shall be permitted only when said storage directly abuts a solid, full-height partition, and when additional ground-mounted storage is provided at the unit itself.
b. Balcony and patio areas shall not be considered storage area meeting this requirement; storage is not permitted in balcony or patio areas.
E. Mailboxes.
1. Mailboxes should be located in highly visible, heavy-use areas for convenience and safety purposes.
2. Incorporation of the project's architectural design features is strongly encouraged.
Section 20.215.080 Multifamily Building Design and Orientation Guidelines Multifamily attached building arrangements should function like individual small neighborhoods. Successful design of multifamily developments balances site planning, architectural design, and massing with open space and pathways to create a cohesive, enjoyable neighborhood. To achieve this design intent, consistent with the applicability identified in Section 20.215.060.A, each of the following design categories shall be addressed in all R-2 and R-3 multifamily projects:
A. Site Planning and Building Orientation. Site planning for all multifamily developments shall do the following:
1. Consider optimum solar orientation of structures.
2. Minimize the incidences of one (1) building shading another.
3. Orient private outdoor or garden areas toward the south as reasonably feasible.
4. Minimize overlook of private backyards and patio areas from second -story units and windows.
5. Design and orient buildings adjacent to public streets to promote "eyes on the street" and minimize the likelihood of on-street parking by residents; see Image 20.215-2.
B. Building Form and Relief. The following features shall be used in building and site design:
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1. Orient buildings to create pedestrian pathways and active spaces (paseo, park, plaza, pocket park, or open space feature) interior to the project.
a. Pedestrian/common open spaces shall be directly and logically connected to exterior streets.
b. Orient windows, entries, and architectural features toward these spaces to activate the space and maintain safety; see Image 20.215-3.
c. Vary building height, roof heights, or roof forms to create visual breaks in the roof line; see Image 20.215-4.
Image 20.215-2Orient buildings toward adjacent
public streets and layer wall planes for architectural
interest.
Image
20.215-3Orient windows and entry doors toward
active streets or open spaces; vary building massing
and roof lines to create interest along the street and
pathways.
2. Use varied massing to reduce building scale and monotony of form; see Image 20.215 -5.
Incorporate the following techniques in every multifamily project:
a. Incorporate stepped massing between stories within the same building or between building plans.
b. Use layered wall planes and building projection offsets. c. Stagger units at different setbacks.
d. Design landscaping to add depth and variation in building elevations and layout.
C. Site Features. Site-enhancing architectural features and supporting elements shall be incorporated into each multifamily residential project. These can include the following features:
1. Architectural elements: tower structures, gated entries, or other similar architectural features; see Image 20.215-4.
2. Display elements: identification monuments, fountains, reflecting ponds or pools, and entry statement walls.
3. Open space elements: private recreational open space areas and/or facilities, plazas, greenbelts.
4. Landscape elements: enhanced fences and/or driveways and special landscape treatments.
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Image 20.215-4Varied building heights and roof forms
with stepped massing elements and staggered front
setbacks create a visually interesting building.
Image
20.215-5Architectural projections and varied wall
planes reduce building scale and create interest along
the elevation.
D. Architectural Projections. Architectural projections create shadows and provide strong visual focal points for design. The design, materials, and colors of buildings within a project shall use varied materials that complement one another. The project shall be harmonious with surrou nding properties/structures. Use of projections is encouraged and may include the following:
1. Functional massing elements such as balconies, porch elements, eave overhangs, and projecting second- or third-story masses.
2. Architectural massing elements such as towers, bay windows, recessed windows, and shed roof elements.
3. Aesthetic elements such as Bermuda shutters, awnings, and window/door surrounds.
4. Other compatible features.
E. Featured Architecture. All building elevations oriented toward public streets or other sensitive areas (i.e., recreation areas, common open space areas, adjacent properties) shall have an upgraded architectural treatment with emphasis on details, such as recessed entries, broad and stepped overhangs, staggered building planes, and changing roof elevations.
1. Additional architectural detailing such as wood-style window, door, and eave trim or comparable feature shall be used to soften the architectural statement of the buildings.
2. Windows, doors, and other openings shall be architecturally treated to provide a visual break in the building.
F. Design and Materials. To reinforce the quality of the development, all elements and structures shall be considered in project design. The following standards shall apply to all buildings and structures:
1. All balconies visible from public streets and adjacent properties may consist of solid walls or heavy-gauge open railings; however, the design shall be decorative and complementary to the architecture of the building.
2. Accessory structures, including recreation facilities, shall be compatible in design and materials with the main building(s).
3. Roofing materials shall be complementary to the architectural style of building.
TITLE 20 - ZONING
CHAPTER 20.300 SITE PLANNING AND GENERAL DEVELOPMENT STANDARDS
San Marcos, California, Code of Ordinances Created: 2021-03-31 20:32:15 [EST] (Supp. No. 5)
Exhibit 4
CHAPTER 20.300 SITE PLANNING AND GENERAL DEVELOPMENT STANDARDS Section 20.300.010 Purpose of Chapter
The purpose of this chapter is to provide additional regulations and exceptions applicable to all Zones regarding lots, development, and performance standards. The provisions of this chapter shall prevail over the development standards of any individual Zone standard or regulation.
Section 20.300.020 Lot Standards Applicable to All Zones A. Lot Sizes. All structures shall be limited to development on legal lots meeting the minimum lot area required by the applicable Zone, unless otherwise modified by a specific chapter. Single -family residential development can include one (1) primary building; any additional structures shall be subject to Section
20.410 (Accessory Dwelling Units and Accessory Structures) and Section 20.470 (Two-Unit Residential Developments).
1. Lot size and setbacks for standard and irregular lots shall be measured subject to Figure 20.300 -1, at the discretion of the Director. See Section 20.300.050.C Standard Setbacks, for more information regarding setback measurements.
2. Where a lot or building site is devoted exclusively to public buildings and uses owned by the City, county, City and county, municipality, or other political subdivision or is devoted exclusively to public utility buildings and uses and no living quarters are located on such lot or parcel, a Conditional Use Permit may be issued authorizing a reduction in the minimum required area for such lot or building site.
B. Minimum Required Area. Actions resulting in reduction of lot size to less than the minimum required area for the applicable Zone are prohibited, except when such action(s) from partial acquisition are for public use; the remaining lot shall be considered as conforming under this Zoning Ordinance until such time as the lot is redeveloped.
C. Architectural Compatibility. All fencing, walls, carports, and accessory structures shall be architecturally compatible in design and material to the primary building or dwelling unit.
D. Mechanical Equipment. All mechanical and electrical equipment, including solar panels, fencing, walls, and accessory structures, shall be architecturally integrated with associated structures and appropriately screened from view, especially from State Route 78, subject to Director approval. Sound shall be buffered from adjacent properties and streets to the satisfaction of the Director.
E. Preexisting Lots. Developed lots and buildings legitimized by a deed on record or executed contract of sale existing prior to the date it was first zoned by the City shall be exempt from minimum lot area requirements if the following conditions apply:
1. The owner owns no adjoining land, and
2. It is not the result of a division of land in violation of any state law or City ordinance.
F. Public Acquisition Remainder Lots. If a portion of a legally existing lot in any Zone is acquired for public use in any manner, including dedication, condemnation, or purchase, the remainder of such lot shall be considered as meeting the minimum lot area and conforming under this Zoning Ordinance if the following standards are met:
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1. A rectangular buildable area of thirty (30) feet by forty (40) feet (1,200 square feet) is usable after all applicable front and side setbacks are met, and a minimum of fifty percent (50%) of the required rear setback is met; or
2. The lot area is equal to at least fifty percent (50%) of the required minimu m lot area of the applicable Zone; or
3. The lot area is equal to at least 6,000 square feet in Zones requiring a minimum lot area of one -half (0.5) acre (21,780 square feet or maximum of two (2) units per acre) or more; and
4. The remaining lot has access to a street.
If the above conditions are not met after a portion of the lot is acquired for public use, then a variance shall be used to define the permissible lot standards.
The subsequent lot, deemed conforming based on the above conditions, shall h ave a reduced rear setback standard of fifty percent (50%) of the rear setback required by the applicable Zone.
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G. Permitted Encroachment Standards.
1. Residential Zone Permitted Projections. All buildings and structures shall conform to setbacks established by Tables 20.215-3 and 20.215-4, except where modified per the permitted encroachments standards of this section and the standards of Table 20.300-1 (Permitted Encroachments by Zone), or as otherwise modified by this Zoning Ordinance.
a. Porches and Decks. Porches and decks may be permitted to encroach into front and rear setbacks per the following standards:
i. Front setback encroachments may be permitted to a maximum of three (3) feet. ii. Rear setback encroachments (deck, patio) may be permitted to a maximum of five (5) feet.
Second-story balconies on single-family homes are not permitted. iii. Any encroachment shall be limited to fifty percent (50%) of the required setback area.
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iv. Deck level in any required setback area may not exceed thirty (30) inches above surrounding grade.
b. Front Setback Pavement. Pavement in the front setback shall be limited to driveways, walkways, steps, and terraces; these paving features shall not occupy more than fifty percent (50%) of the required front setback area. If these features are placed directly upon grade, they shall not be required to meet setbacks subject to Building Division approval. See Chapter 20.340 (Off -Street Parking and Loading) for driveway limitations.
c. Pools and Hot Tubs. Pools and hot tubs may be permitted to encroach into side and rear setbacks per the following standards:
i. Minimum setback from any side or rear property line shall be five (5) feet to any portion or feature of the pool or hot tub.
ii. Minimum setback from any side or rear property line shall be four (4) feet to any equipment; equipment shall be screened from public view. iii. Height of all features and equipment of the pool or hot tub shall be limited to three (3) feet or less above the finished grade of the lot.
d. Recreational Facilities in the R-3 Zones: Buildings/structures that abut a plaza, private park area, lake, paseo, greenbelt, or other permanent open space shall be permitted to abut a common property line, and may have pedestrian openings onto such spaces in accordance with current Building and Fire Codes.
2. Commercial Zone Permitted Projections. All buildings and structures within Commercial (C, NC, OP, SR) Zones shall conform to setbacks established by Table 20.220-3, except where modified per the standards of Table 20.300-1 (Permitted Encroachments by Zone).
3. Mixed Use Zone Permitted Projections. All buildings and structures within Mixed Use (MU-1, MU-2, MU-3(SP), MU-4(SP)) Zones shall conform to setbacks established by the applicable development standard table (Tables 20.225-1, 20.225-2, 20.225-3, 20.225-4 except where modified per the standards of Table 20.300-1 (Permitted Encroachments by Zone).
4. Industrial Zone Permitted Projections. All buildings and structures within Industrial Zones shall conform to setbacks established by Table 20.230-3, except where modified per the standards of Table
20.300-1 (Permitted Encroachments by Zone).
Table 20.300-1
Permitted Encroachments by Zone
Encroachments Permitted by Zone
Permitted Encroachment Type and Standard Residential
(R-1, R-2, R-
3)
Commercial
(C, NC, OP,
SR)
Mixed Use
(MU-1, MU-
2,
MU-3(SP),
MU-4(SP))
Industrial
(L-I, B-P,
I, I-2)
Americans with Disabilities Act (ADA)
Features
ADA accessible features or structures
required for accessibility shall be permitted to
encroach into any required setback,
consistent with current Building Code(s), but
may require building official approval.
P P P P
Architectural Features
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Architectural features may be permitted to
encroach into any required setback a
maximum of two (2) feet.
P P P
Courtyards
• Courtyards may be permitted to
encroach into front setbacks per the following
standards:
• Maximum height of courtyard wall(s)
shall not exceed forty-two (42) inches from
surrounding grade, except on corner lots, line
of sight standards shall apply.
• Walls or paving shall not project into
required site setback areas.
P -
Minimum
property line
setback: 10
feet
P -
Minimum
property line
setback: 5
feet
P -
Minimum
property
line
setback: 5
feet
Utilities
Necessary utility services may be permitted
to encroach into required setbacks as
required for functionality. All utilities shall be
adequately screened from view and subject to
Director review and approval.
P P P P
Mixed Use Encroachments
Allowable encroachments may project into
the public ROW provided that the
encroachments are ten (10) feet above the
sidewalk height, except for street-level
awnings which may be placed between eight
(8) feet and fifteen (15) feet above the
sidewalk. Awnings shall not obstruct or
prevent the placement of street trees or other
improvements within the public ROW. All
encroachments shall be subject to a recorded
encroachment permit.
P
Landscape Elements
Landscape elements may be allowed in any
setback; however, such elements shall not
obstruct sight distances, nor shall any hedge
or planter be allowed at a height or location
other than as approved by the City's Site
Development Plan Review Committee or
other designated administrative body.
P P P
Section 20.300.030 Lot Averaging
A. Applicability. Lot averaging may be permitted for the following proposed residential projects, subject to a CUP and the standards of this section:
1. Single-family residential development of five (5) or more units.
2. Any single lot development in the R-1-20, R-10, or A Zone. Lot averaging may be allowed per the following standards and subject to a CUP.
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B. Minimum Lot Requirements. Minimum lot/parcel sizes shall not be less than the standards established by the development standard table of the applicable Zone (Tables 20.210-3 or 20.215-3) except where modified below.
1. In the R and A Zones, all lots shall meet the minimum lot size requirement of the Zone, except as follows:
a. Where land in an R-1-20, R-1-10, or R-1-7.5 Zone is subdivided into five (5) or more lots, a Conditional Use Permit may be granted to authorize a reduction in the minimum lot size required, provided that the subdivided property complies with all conditions that may be imposed by such Conditional Use Permit and that no lot has an area less than three -quarters percent (0.75%) of the minimum lot area required by the applicable Zone. In the R -1-7.5 Zone, no lot shall have a net area less than 6,000 square feet.
2. Density shall not exceed the maximum density permitted within the Zone.
3. The total area of all lots in the subdivision shall be equal to or greater than the product of the lots in the subdivision multiplied by the minimum lot area required by the Z one of the property being subdivided.
4. The slope averaging shall reduce the amount of required grading, thereby leaving more natural ungraded slopes in the project area.
Section 20.300.040 Gross Slope/Acreage Analysis
In the A and R-1 Zones where the slopes may vary from relatively easy (moderate) slopes to excessive slopes, a gross acreage analysis shall be completed by the property owner or the subdivider to determine the minimum lot/parcel size by gross acreage and slope based on the following calculation standards:
1. For all R-1 and R-2 Zones, compute the required size and density of each lot based on the standards of Table 20.300-2.
2. For all A Zones, compute the required size and density of each lot based on the standards of Section
20.210.050 (Agricultural Zone Development Standards) and Table 20.210 -3.
3. Verify that the density for each lot is not less than one (1) dwelling unit.
4. Determine that the size of each lot as proposed is not less than the minimum permitted by the Zone.
Table 20.300-2
Gross Slope Acreage Analysis Standards
Development Standards R-1-20 R-1-10 R-1-7.5 R-2
Lot Requirements
Minimum Lot Area 20,000 s.f. 10,000 s.f. 7,500 s.f. 3,500 s.f. 10% to 15% slope 20,000 s.f. 15,000 s.f. 15,000 s.f. 7,500 s.f. 15% to 25% slope ¾ acre 20,000 s.f. 20,000 s.f. 10,000 s.f. 25% to 35%+ slope 1 acre 1 acre 1 acre 20,000 s.f.
35%+ slope 1 acre 1 acre 1 acre 1 acre
All standards are minimums unless otherwise noted.
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Section 20.300.050 Development Regulations Applicable to All Zones A. Maximum Building Height. Except as provided in this chapter, no building or structure shall be erected, reconstructed, or structurally altered to exceed the height limit established by this Zoning Ordinance for the applicable Zone, except as modified below. See Figure 20.300-2 for a height measurement example.
1. Architectural features such as chimneys, elevators, dormer windows, and tanks shall be measured from the finished grade to the top of the feature, not to exceed the maximum height established by the applicable Zone.
2. Additional Story Permitted. An additional story on the downside of any building shall be permitted for lots with an average slope greater than a one to seven (1:7) ratio (rise to run), or where no established grade exists at the property line due to the slope location of the lot. The additional story and overall design of the building shall be subject to Chapter 20.260 (Ridgeline Protection and Management Overlay Zone).
B. Setback Areas.
1. Required setbacks and open space shall apply only to the individual parcel, building, or development; setbacks established for a lot shall not be applicable to adjacent parcels.
2. Except as modified in this chapter, every required setback shall be open a nd unobstructed from the ground to the sky.
3. Actions, including building modification, lot division, or lot reduction, resulting in any required setback or open space to be less than that required by this Zoning Ordinance are prohibited.
C. Standard Setbacks. All applicable setbacks shall be measured from the recorded property line, except in the following conditions (see Figure 20.300-3):
1. Where property lines exist at the center of the street/public ROW, the front setback shall be measured from the outer edge of the dedicated ROW or edge of the future planned ROW extension. The Planning Commission, upon request, shall determine the required maximum ROW width.
2. In all cases where a lot is located next to an existing or planned street, alley, or pu blic ROW, all applicable setbacks shall be measured from the immediately adjacent edge of the ROW.
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3. For lots located on a dead-end street or a partially dedicated ROW (half street) where no extension or full dedication is planned, applicable setbacks shall be measured from the edge of the existing ROW at the time of lot development or modification.
4. Where plans exist to vacate the ROW, the center line of the completed ROW width shall be used as the line from where to measure required setbacks.
5. For lots abutting private road or access easements, the setback requirement shall be measured from the easement line, or where the building envelope would overlap the recorded easement the building may be located a minimum of 2 feet from the closest edge of the easement unless otherwise specified by the recorded easement.
6. Setbacks for irregularly shaped lots shall be measured consistent with Figure 20.300 -1. In all cases, the front setback shall be measured from the property line which borders on the st reet/ROW. Setbacks for irregular lot configurations not identified in Figure 20.300-4 shall be measured based on the closest relevant interpretation as deemed appropriate by the Director.
D. Maximum Setbacks. Where required front setbacks of this Zoning Ordinance conflict, the larger setback requirement shall prevail, except as further modified by an adopted Planned Residential Development or Specific Plan, which shall prevail.
E. Special Rear Yard Conditions. Within all Residential and Agricultural Zones, the required rear setback may be reduced by fifty percent (50%) where the residential use property rear property line is shared with a public park or designated open space.
F. Non-Standard Lot Setback Requirements. Setback for lots of unusual shape or dimension or primarily characterized by topography that renders literal application of required setbacks impractical shall measure
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required setbacks in a practical manner that is appropriate to the context of the lot, at the discretion of the Director and appealable to the Planning Commission.
Section 20.300.060 Special Setbacks for General Plan Routes The following setback shall apply to all Zones and land uses, taking precedent over the established requirements of the applicable Zone chapter where these parcels are adjacent to the identified ROW. Setback requirements of Table 20.300-3 establish overriding setbacks for the specified ROWs from all specified Zones adjacent to the identified ROW.
Table 20.300-3
Special Setback Requirements
Right-of-Way Minimum Setback from
Center Line to Zone PL
R & A Zones All Other Zones
Barham Drive Los Vallecitos Boulevard 77 feet 52 feet Bennett Avenue Mulberry Drive
Discovery Street (San Marcos
Boulevard to Barham Drive)
Vineyard Road
Rock Springs Road (east of Mission
Road)
Palomar Road
Grand Avenue Richland Road
Knoll Road Rose Ranch Road
La Moree Road (south of Barham
Drive)
Twin Oaks Valley Road
Las Posas Road Via Vera Cruz
Borden Road Nordahl Road 86 feet 61 feet
Bougher Road North Rancho Santa Fe Road
Buena Creek Road Rancho Santa Fe Road (south of
San Marcos Boulevard)
San Marcos Boulevard West La Cienega Road
Mission Road
PL = property line; R = Residential; A = Agricultural
Section 20.300.070 Performance Standards
A. Hazardous Materials and Waste. The U.S. Environmental Protection Agency (EPA), the California Department of Health Services (DHS), the California Department of Toxic Substances Control (DTSC), and the County of San Diego identify hazardous materials and prescribe handling, use, and di sposal practices.
Pursuant to the provision of California Health and Safety Code Section 25135.7(c)(3), this section authorizes EPA, California EPA, and the County of San Diego Hazardous Materials Division to enforce federal and state laws regarding the handling, transportation, and disposal of hazardous materials within the jurisdiction of the City, and, specifically, to implement the following:
• The provision of Article 3.5 of Chapter 6.5 of Division 20 of the California Health and Safety Code relating to Hazardous Waste Management Plans within the City. • The provisions of the San Diego County Hazardous Waste Management Plan within the City.
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1. To protect the health and welfare of the residents and business community of San Marcos, the use, storage, manufacturing, and disposal of hazardous materials shall be regulated and monitored according to the standards established by these federal, state, and local agencies.
2. A risk management and prevention program, together with an inventory statement that is in accordance with federal, state, and local laws, shall be prepared for all structures and land uses using materials identified as hazardous by federal, state, and local agencies, as applicable.
3. The use and storage of flammable or explosive materials shall comply with the fire prevention code of the City and all applicable ordinances. No open burning is permitted unless a written permit for such activity has been issued by the local Air Quality Management District.
4. No liquid or solid waste or similar material that may contaminate water supplies, interfere with bacterial processes in sewage treatment, or otherwise cause the emissions of dangerous or offensive elements shall be discharged into the public sewer or private disposal system, except in accordance with the requirements of the City's Public Works Code and other applicable regulations.
5. No activity that emits dangerous levels of radioactivity shall be permitted at any time.
6. The approving authority for any permit or other land use approval, including, without limitation, building permits, for a hazardous waste facility, shall ensure compliance with federal and state requirements and local zoning standards, and may impose any appropriate conditions, as follows:
a. Determined reasonably necessary to comply with the San Diego County Hazardous Waste Management Plan.
b. For the issuance of such permit or approval, which the approving authority determines are reasonably necessary to protect the public health, safety, or welfare. c. Nothing in this section shall be construed to preclude an approving authority from denying an application, permit, or other land use approval for which the approving authority finds is contrary to the public health, safety, or welfare.
B. Colors and Materials. Colors and materials of all building elements approved during permitting or Site Development Plan Review shall be maintained. The entire project shall be subject to repea t review if approved colors and/or materials are modified.
C. Line of Sight. Development and structures in all Zones shall maintain the line -of-sight triangle as established by the City Engineer. Line-of-sight geometry shall be shown on applicable plans during permit and review and
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shall comply with the Sight Distance Minimum Standards, established by the Engineering Division (see Figure
20.300-4).
D. Electrical Disturbances. No activity shall be permitted if it causes electrical disturbance that affects the operation of equipment located beyond the property line. Radio, television, and microwave transmitters shall be suitably wired, shielded, and controlled so that they do not emit electrical waves or impulses that may affect other electronic devices or equipment.
E. Noise. These regulations aim to prohibit unnecessary, excessive, and annoying noises from all sources, as certain noise levels are detrimental to the health and welfare of individuals. The standards of this section and of Chapter 10.24 Noise of the Municipal Code apply to all land uses in all Zones unless otherwise specified. (Ord. No. 2017-1446, 7-25-2017)
1. Noise shall be measured with a sound-level meter that meets the standards of the American National Standards Institute (ANSI) (Section S1.4-1979, Type 1 or Type 2). Noise levels shall be measured in decibels at the property line of the receptor property, and at least five (5) feet above the ground and ten (10) feet from the nearest structure or wall. The unit of measure shall be designat ed as an A- weighted decibel (dBA) Leq standard. A calibration check shall be made of the instrument at the time any noise measurement is made.
(Ord. No. 2017-1446, 7-25-2017)
2. No person shall create or allow the creation of exterior noise that causes th e noise level to exceed the noise standards established by Table 20.300-4. Increases in allowable noise levels listed in Table
20.300-4 may be permitted in accordance with the standards outlined in Table 20.300 -5.
Table 20.300-4
Exterior Noise Standards by Zone
Zone Allowable Noise Level
(dBA Leq) Measured
from the Property Line
Single-Family Residential (A, R-1, R-2)1, 2
7 a.m. to 10 p.m. (daytime) 60
10 p.m. to 7 a.m. (overnight) 50
Multifamily Residential (R-3)1, 2
7 a.m. to 10 p.m. (daytime) 65
10 p.m. to 7 a.m. (overnight) 55
Commercial (C, O-P, SR)3
7 a.m. to 10 p.m. (daytime) 65
10 p.m. to 7 a.m. (overnight) 55
Industrial
7 a.m. to 10 p.m. (daytime) 65
10 p.m. to 7 a.m. (overnight) 60
Notes:
1. For single-family detached dwelling units, the "exterior noise level" is defined as the noise level measured at an outdoor living area which adjoins and is on the same lot as the dwelling, and which contains at least the following minimum net lot area: (i) for lots less than 4,000 square feet in area, the exterior area shall include 400 square feet, (ii) for lots between 4,000 square feet to 10 acres in area, the exterior area shall include 10 percent of the lot area; (iii) for lots over 10 acres in area, the exterior area shall include 1 acre.
2. For all other residential land uses, "exterior noise level" is defined as noise measured at exterior areas which
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are provided for private or group usable open space purposes. "Private Usable Open Space " is defined as usable open space intended for use of occupants of one dwelling unit, normally including yards, decks, and balconies.
When the noise limit for Private Usable Open Space cannot be met, then a Group Usable Open Space that meets the exterior noise level standard shall be provided. "Group Usable Open Space" is defined as usable open space intended for common use by occupants of a development, either privately owned and maintained or dedicated to a public agency, normally including swimming pools, recreation courts, patios, open landscaped areas, and greenbelts with pedestrian walkways and equestrian and bicycle trails, but not including off -street parking and loading areas or driveways.
3. For non-residential noise sensitive land uses, exterior noise level is defined as noise measured at the exterior area provided for public use.
(Ord. No. 2017-1446, 7-25-2017)
3. No person shall create nor allow the creation of noise that causes the interior noise level when measured within a dwelling unit to exceed forty-five (45) dBA at any time, except as permitted by Table
20.300-6.
4. Use of compressors or other equipment, including vents, ducts, and conduits, but excluding window or wall-mounted air conditioners, that are located outside of the exterior walls of any building, shall be enclosed within a permanent, non-combustible, view-obscuring enclosure to ensure that the equipment does not emit noise in excess of the ANSI standards.
Table 20.300-5
Permitted Increase in Noise Levels
Permitted
Increase (dBA)
Duration
(cumulative
minutes per hour)
5 15
10 5
15 1
20 Less than 1 minute
Table 20.300-6
Permitted Increase in
Interior Noise Levels
Permitted
Increase (dBA)
Duration
(cumulative
minutes per hour)
5 1
10 Less than 1 minute
F. Vibration. Vibration may disturb the conduct of certain activities and create discomfort for some individuals.
To minimize the disturbance and inconvenience from vibrations, no person or use shall create, maintain, or cause ground vibration that is discernible without instruments to a person of normal sensitivity at any point on a property that is adjacent to the property of the vibration source. The ground vibration caused by moving vehicles, trains, aircraft, or temporary construction or demolition is exe mpted.
G. Odor. Any process that creates or emits odors, gases, or other odorous matter shall comply with standards set by the San Diego Air Pollution Control District.
1. No use shall be permitted to emit continuous, frequent, or repetitive odorous gases such as to be perceptible at any lot line of the site. An odor emitted no more than fifteen (15) minutes in any one (1) day shall not be deemed as continuous, frequent, or repetitive.
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Section 20.300.080 Light and Glare Standards
Lighting for safety purposes shall be provided at entryways, along walkways, between buildings, and within parking areas. Lighting is important to the visibility, identity, and safety of all developments. The following standards are intended to minimize glare, conflict, and light pollution and to provide performance standards to promote the visibility and safety of all premises in the community.
1. General Standards. The following general lighting standards shall apply to all non -residential development:
a. All lighting shall comply with the City's lighting standards. b. Any lights used in conjunction with a permitted use shall be shielded or directed away from adjacent residential uses.
c. All exterior and parking lot lighting fixtures shall be approved by the City. Use of the lowest wattage and highest energy efficiency available is required. d. Shielded fixtures with well defined cut-offs directing light downward toward ground surfaces shall be used to confine illumination to on-site areas only. Landscape and signage lighting shall be exempt from this standard.
e. Lighting directed upward that does not light buildings, landscape, or site surfaces is prohibited in all Zones.
f. Flood lighting is prohibited.
g. Light producing varying intensities or colors, moving lights, or search lights are prohibited in all Zones. Holiday lighting appropriate to the season and consistent with Chapter 20.320 (Signs on Private Property) of this Zoning Ordinance are exempt.
h. Security lighting shall use high-efficiency fixtures and lamps and shall be located in entries, pathways, and parking areas.
i. Wall-mounted security light packages shall be used.
j. Accent lighting shall be integrated into building design. Lighting fixtures in parking areas, access drives, and internal vehicular circulation areas shall have zero (0) cut-off. Parking lot illumination level shall achieve a uniformity rating of three to one (3:1) (average to minimum), a maintained average of one (1) foot candle, and a minimum of one-half (0.5) foot candle. k. Property perimeter lighting not affiliated with the lighting of parking lots shall not exceed one - half (0.5) foot candle at any point along the property line of the subject or adjacent parcel. i. Fixtures shall be pole mounted a maximum of twenty-five (25) feet above paved surfaces. l. Service area lighting shall be contained in any service yard boundaries and enclosure walls. No light spillover shall occur outside of service areas, and the light shall not be visible from any street.
m. Parking garages shall achieve a uniformity of three (3) foot candles minimum maintained within the structure. Perimeter lighting shall be shielded and consistent with subsection k, above. n. Lighting fixtures in parking areas, access drives, and internal vehicular circulation areas shall be directed and shielded so as not to illuminate surrounding properties and shall comply with the standards of this Section 20.300.080, as verified through a photometric study.
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o. Lighting levels shall emphasize the walking areas so as to clearly identify the pedestrian walkway and direction of travel. Stairway steps and changes of vertical level shall be clearly identified and safely lit.
i. Bollard lighting shall be used in and around pedestrian and entry areas. ii. A maximum of twelve (12)-foot height shall be used for any pedestrian lighting; a maximum of forty-two (42) inches in height shall be used for bollard lighting. p. Lighting fixtures placed on a building shall be architecturally integrated as part of the ove rall design of the building.
2. Prohibited Lighting.
a. Light producing varying intensities or colors, moving lights, and search lights are prohibited in all Zones. Holiday lighting appropriate to the season and consistent with Chapter 20.320 (Signs on Private Property) of this Zoning Ordinance is exempt.
b. Flood lighting is prohibited.
3. Light Poles. Notwithstanding other provisions of this Zoning Ordinance, in the C, O -P, SR, all MU, I, and I-2 Zones, lights on poles may be placed within the established setback, upon the following conditions:
a. Lights shall be used for illumination only, and not for or used as an advertising display. b. Lights shall be at least thirteen and one-half (13.5) feet above the ground. c. Light fixtures shall be so designed and adjusted as to reflect light away from any road or street, and away from any adjoining premises on which a dwelling is located or that is zoned for a use other than business or industrial.
d. Lights shall be on a single pole that does not exceed fourteen (14) inches in diameter. e. Such poles shall be at least fifty (50) feet apart; however, two (2) poles may be located on each building site.
f. Poles and lights shall be removed at the owner's expense when property on which they are located is taken for street widening.
4. Multifamily Development On-Site Lighting. On-site lighting is important to the safety and security of the multifamily residential environment. Projects that provide adequate on -site lighting reinforce the quality of life and sense of community. Multifamily residential projects shall provide lighting in accordance with this chapter (Chapter 20.300), except as modified by the following standards:
a. Lighting in parking areas, garage areas, and carport areas shall be maintained w ith a minimum of one (1) foot candle of illumination during the hours of darkness. b. On-site walkway areas shall maintain a minimum illumination level equivalent to one -quarter (0.25) foot candle during the hours of darkness.
c. Methods of illumination may be wall- or ground-mounted with deflectors to confine the rays to the site with minimal intrusion to the dwelling units.
d. A lighting plan shall be submitted to the Director during the development review process. This plan shall show illumination levels and points of intersection between fixtures, as well as use of energy-efficient exterior lighting in compliance with City standards.
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Exhibit 5
Section 20.600.220 "T" Definitions
Tandem Parking. A parking space configuration where two (2) or more parking spaces are lined up behind each other.
Tasting Room. An area devoted to the sampling and sales thereof of wine or beer produced on or off the premises and the sale of food is prohibited. On-site tasting facilities shall be limited to the sale/tasting of product produced on-site and shall not exceed fifty percent (50%) of the building area. Ancillary retail sales are permitted.
Alcohol-related businesses are subject to all applicable State law (California Business and Professions Code Section 23000 et seq.) licensing requirements for the sale or provision of alcohol.
Tattoo and/or Body Art Facility (land use). Any facility that includes any of the following activities:
1. Body art facility. Any specified building, section of a building, or vehicle in which a practitioner performs body art, including reception areas, the procedure area, and the decontamination and sterilization area. "Body art facility" does not include a facility that only pierces the ear with a disposable, single-use, presterilized clasp and stud or solid needle that is applied using a mecha nical device to force the needle or stud through the ear. This use is subject to the standards and restrictions in Section 20.400.200 (Tattoo and/or Body Art Facility).
2. Body art. The body piercing, tattooing, branding, or application of permanent cosmetics.
3. Body piercing. The creation of an opening in a human body for the purpose of inserting jewelry or other decoration. "Body piercing" includes the piercing of an ear, including the tragus, lip, tongue, nose, or eyebrow. Body piercing does not include the piercing of an ear, except for the tragus, with a disposable, single-use, presterilized stud and clasp or solid needle that is applied using a mechanical device to force the needle or stud through the ear.
4. Branding. The process in which a mark or marks are burned into human skin tissue with a hot iron or other instrument, with the intention of leaving a permanent scar.
5. Permanent cosmetics. The application of pigments in human skin tissue for the purpose of permanently changing the color or other appearance of the skin. This includes, but is not limited to, permanent eyeliner, eyebrow, or lip color. Permanent cosmetics, if done as an ancillary use within a beauty salon or spa, shall not be subject to the standards and restrictions in Section 20 .400.200 (Tattoo and/or Body Art Facility).
6. Tattooing. The insertion of pigment in human skin tissue by piercing with a needle.
Technical/Scientific/Medical Laboratories (land use). Any business or establishment engaged in laboratory work or research in support of a primary Research and Development land use. These uses shall be fully enclosed and adequately regulated/permitted/licensed for the type of activity facilitated within the laboratory. Accessory laboratory uses shall not exceed forty percent (40%) of the building area; laboratory space greater than forty percent (40%) of the building area shall be subject to a CUP. Incidental related uses such as pharmacies (prescriptions only), biochemical, X-ray laboratories, medical offices, and clinics are permitted.
Temporary Uses. The specified uses may occur on a temporary or intermittent basis subject to the requirements of a Director's Permit, including fixed start and end dates specified in the permit.
Third-Octave Band. A third-octave band is defined as a frequency band whose upper bandedge frequency is
1.26 times the lower band frequency.
Transitional Housing (land use). Buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months.
Transitional housing that is provided in single-, two-, or multifamily dwelling units, group residential, residential
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Exhibit 5
care facilities, or rooming house uses shall be permitted, conditionally permitted, or prohibited in the same manner as the other single-, two-, or multifamily dwelling units, group residential, residential care facilities, o r rooming house uses under this code.
Transmission Line. A power line bringing electricity to a receiving or distribution substation.
Transportation Dispatch (land use). Any establishment engaged in deploying specialized transportation options including ambulances, taxis, limousines, armored cars, tow trucks, and similar vehicles for specialized transportation. This does not include storage facilities for towed vehicles. Dispatch facilities are categorized by the following programmatic categories:
1. Dispatch Only. An office or location where vehicles are dispatched only; this does not include a vehicle or responder base, waiting areas, or vehicle storage that are prohibited.
2. Fleet Usage. A base, with or without dispatch operations, where vehicles and /or crew are based, wait for dispatch, or vehicles are stored; subject to all storage and screening requirements of the applicable Zone.
Turf. A ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are common cool season grasses. Bermuda grass, Kikuyu grass, Seashore Paspalum, St.
Augustine grass, Zoysiagrass, and Buffalo grass are common warm-season grasses.
Two-unit Residential Development. Any primary dwelling units designed and used to house two households living independently of each other on the same legal lot. Dwelling units may be attached or detached and are subject to the provisions of Section 20.470 (Two-Unit Residential Development). (Ord. No. 2017-1442, 5-23-2017)