DRAFT. Screencheck DRAFT. City of San Marcos. Zoning Ordinance. July 2012

Transcription

1 Public Screencheck City of San Marcos Zoning Ordinance July 2012 City of San Marcos 1 Civic Center Drive San Marcos, CA Phone (760) Fax (760) V A L L E Y O F D I INCORPORATED JANUARY 28, 1963 S C O V E R Y CHARTERED JULY 4, 1994

2 Zoning Ordinance Public Screencheck July 2012 City Council Members: Mayor, Jim Desmond Vice-Mayor, Hal Martin Councilmember, Chris Orlando Councilmember, Rebecca Jones Councilmember, Kristal Jabara City Staff: Jack Griffin, City Manager Lydia Romero, Deputy City Manager Jenny Peterson, Communications Officer Jerry Backoff, Planning Division Director Karen Brindley, Principal Planner, Zoning Ordinance Update Project Manager Garth Koller, Principal Planner, General Plan Project Manager Peter Kuey, Principal Civil Engineer Mettja Kuna, IT Analyst, and GIS Specialist V A L L E Y O F D I S C O V E R Y INCORPORATED JANUARY 28, 1963 CHARTERED JULY 4, 1994

3 TABLE OF CONTENTS Section Page ARTICLE 1 GENERAL ZONING PROVISIONS Chapter General Provisions Section Title Section Purpose of the Zoning Ordinance Section Authority Section Applicability Section Relationship to the General Plan Section Responsibility for Administration Section Severability Section Terminology Section Interpretation of Regulations Section Sale of Copies ARTICLE 2 ZONES Chapter Establishment of Zones Section Purpose of Chapter Section Establishment of Zones and Map Section Interpretation of Zone Boundaries Chapter Land Use and Development Approval Section Purpose of Chapter Section Applicability Section General Requirements Section Limitation of Land Use Chapter Agricultural Zones Section Purpose of Chapter Section Description of Agricultural Zones Section Applicability Section Allowable Agricultural Uses and Permit Requirements Section Agricultural Zone Development Standards Section Performance Standards Chapter Residential Zones Section Purpose of Chapter Section Purpose of Residential Zoning Districts Section Applicability Section Allowable Residential Uses Section Residential Development Standards Section Multifamily Residential Development Design Standards i

4 Section Multifamily Operational Standards Section Multifamily Building Design and Orientation Guidelines Chapter Commercial Zones Section Purpose of Chapter Section Purpose of Commercial Zoning Districts Section Applicability Section Allowable Commercial Uses and Permit Requirements Section Commercial Zone Development Standards Section Commercial Zone Performance Standards Section Building Form/Site Development Standards and Guidelines Chapter Mixed Use Zones Section Purpose of Chapter Section Applicability Section Form-Based Regulation Section Mixed Use 1 Zone Section Mixed Use 2 Zone Section Mixed Use 3 Zone Section Mixed Use 4 Zone Section Ground Floor Uses and the Pedestrian Realm Section Building Form and Siting Standards Section Streetwall Design and Building Frontage Types Section Allowable Mixed Use Land Uses and Permit Requirements Section Outdoor Space Standards Chapter Industrial Zoning Districts Section Purpose of Chapter Section Purpose of Industrial Zoning Districts Section Applicability Section Allowable Industrial Uses and Permit Requirements Section Industrial Zone General Development Standards Section Operational Standards Section Industrial Building Form/Site Development Standards and Guidelines Section B-P Zone Development Standards Section Design Standards Section Business Park Amenity Space Standards Chapter Transitional Zones Section Purpose and Intent Section Applicability Section Transitional Zoning Districts Defined Section Transitional Use Regulations Section Development Standards for Established Uses/Businesses ii

5 Section Compatible Uses Chapter Public and Institutional Zone Section Purpose of Chapter Section Applicability Section Allowable Public and Institutional Uses and Permit Requirements Section Development Standards Chapter Manufactured Home Park Zone Section Purpose of Chapter Section Applicability Section Allowable Mobile/Manufactured Home Uses and Permit Requirements Section Development Standards Section Mobile Homes on Residential Lots Chapter Specific Plan Area Zone Section Purpose of Chapter Section Purpose of Industrial Zones Section Applicability Section Specific Plan Required Section Allowable SPA Land Uses Chapter Planned Residential Development Section Purpose of Chapter Section Applicability Section Land Use Regulations Section PRD Process Section Residential Development Standards Section Site Design Section Other Development Criteria Section Modification of Requirements Chapter Flood Damage Prevention Overlay Zone Section Statutory Authorization, Findings of Fact, Statement of Purpose, and Methods Section Applicability Section Basis for Establishing the Areas of Special Flood Hazard Section Compliance Section Abrogation and Greater Restrictions Section Interpretation Section Warning and Disclaimer of Liability Section Designation of the Floodplain Administrator Section Duties and Responsibilities of the Floodplain Administrator iii

6 Section Permit Required Section Standards of Construction Section Standards for Utilities Section Standards for Subdivisions and Other Proposed Development Section Standards for Manufactured Homes within Manufactured Home Parks or Subdivisions Section Standards for Recreational Vehicles Section Floodway Section Definitions Chapter Ridegeline Protection & Management Overlay Zone Section Purpose of Chapter Section Identification of Primary and Secondary Ridgelines Section Exemptions Section Permitted and Prohibited Land Uses Section Development Regulations within the Ridgeline Overlay Zone Section Violations and Penalties Section Conflict, Enforcement, and Interpretation Section Definitions Chapter Airport Overlay Zone Section Purpose of Chapter Section Applicability Section Regulations ARTICLE 3 GENERAL DEVELOPMENT STANDARDS Chapter Site Planning and General Development Standards Section Purpose of Chapter Section Lot Standards Applicable to All Zones Section Lot Averaging Section Gross Slope / Acreage Analysis Section Development Regulations Applicable to All Zones Section Special Setbacks for General Plan Routes Section Performance Standards Section Light and Glare Standards Chapter Density Bonus Section Purpose of Chapter Section Applicability Section State Density Bonuses and Concessions Section Affordability and Occupancy Standards Section Requirements Section Density Bonus Housing Agreement Section Review of Application iv

7 Section Enforcement Chapter Inclusionary Housing Section Purpose and Intent Section Applicability Section Exemptions Section Inclusionary Requirements Section In-Lieu Fee Section Options for Providing Inclusionary Units Section Incentives Section Inclusionary Housing Agreement Section Administration Section Building Permit Chapter Residential Growth Management Section Purpose of Chapter Section Funding of Public Facilities and Services Section Guidelines Chapter Signs on Private Property Section Title, Authority, Scope Section Purpose and Intent Section Basic Principles Section Sign Permits; Other Sign-Related Decisions; Procedures and Internal Appeals Section Permanent Sign Rules by Zoning District Section Temporary Sign Rules by Location, Land Use or Sign Function Section Construction and Maintenance, etc Section Signs Exempt from the Sign Permit Requirement Section Prohibited Signs Section Non-conforming Signs Section Enforcement, Violations, Etc Section Definitions Chapter Signs on City Property Section Title Section Authority, Scope, Proprietary Capacity Section Intent as to Public Forum Section Signs Must Be Permitted or Exempted Section Temporary Signs Displaying Non-Commercial Messages Section Certain Governmental Signs Section Community Directional Signs Section Encroachments Section Commercial Speech and Activities Section Immediate Removal of Signs on City Property v

8 Section Definitions Chapter Water Efficient Landscape Standards Section Purpose of Chapter Section Applicability Section Water Purveyor Responsibility Section Landscape Standards Section Landscape Documentation Package Submittal Milestones Section Landscape Documentation Package Elements Section Water Efficient Landscape Worksheet Section Landscape Bonds/Cash Deposit/Letter of Credit Section Violations and Penalties Section Waivers Application & Review Procedure Section Conflict, Enforcement, and Interpretation Section Appeal Process Chapter Walls and Fences Section Purpose of Chapter Section Applicability Section General Development Standards Section Non-Residential and Mixed Use Requirements Section Single-Family Residential Requirements Chapter Off-Street Parking and Loading Section Purpose of Chapter Section Applicability Section General Requirements Section Required Number of Parking Spaces Section Off-Street Parking and Trip Reduction Measures Section Off-Street Parking Size and Location Section Parking Lot Improvement Standards and Other Parking Layouts Section Off-Site Parking Alternatives Section Bicycle Parking Section Truck Loading and Unloading Areas Loading Space Requirements and Design Standards Chapter Nonconforming Uses and Structures Section Purpose of Chapter Section Applicability Section Restriction on Nonconforming Uses and Structures Section Maintenance and Repair of Nonconforming Structures Section Alteration and/or Expansion of Nonconforming Uses and Structures Section Damage and/or Destruction of Nonconforming Structures Section Abatement of Illegal Uses and Structures vi

9 ARTICLE 4 SPECIFIC USE STANDARDS Chapter Specific Use Standards Section Purpose Section Applicability Section Automated Teller Machines (ATMs) Section Automotive Sales (Used) and Rentals Section Child Day Care Facilities Section Contractor Offices and Services Section Drive-Through Services Section Equipment Screening Section Home Occupation Section Industrial Support Services Section Life Care Facilities Section Lot Access Section Metal Buildings Section Mini-Storage Section Outdoor Dining Section Outdoor Storage Section Places of Assembly Section Research and Development (R&D) Uses Section Showrooms Section Temporary Sales Offices Section Utility Service Section Vehicle Storage Section Emergency Shelters Chapter Adult Entertainment Establishments Section Purpose of Chapter Section Applicability Section Permit Required Section Location Requirements Section General Operating Standards Section Private Viewing Room Standards Section Definitions Chapter Second Dwelling Units and Accessory Structures Section Purpose of Chapter Section Applicability Section Applications Section Development Standards Section Accessory Structure and Second Dwelling Unit Design Section Second Dwelling Unit Requirements vii

10 Chapter Animals Section Purpose of Chapter Section Animal Keeping Permits and Standards Section Location Requirements Section Youth Organization Animal Raising Projects Chapter Automotive Services Section Purpose Section Applicability Section Permit Required Section Operational Standards Section Development Standards Chapter Bars, Alcohol Service, and Entertainment Section Purpose of Chapter Section Applicability Section Permits and Compliance Section General Standards Section Ancillary Alcohol-Service Standards Section Wineries and Tasting Rooms Section Nuisance Chapter Condominium Conversions Section Applicability Section Procedures Section Development Standards Chapter Reasonable Accommodation Section Purpose of Chapter Section Applicability Section Applications Section Environmental Review Section Approval Section Findings Section Appeal Chapter Refuse and Recycling Section Purpose of Chapter Section Applicability Section General Standards Section Reverse Vending Machines Section Single-Family Residential Standards Chapter Renewable Energy Section Purpose of Chapter viii

11 Section Applicability Section Permit Requirements Section Development Standards Section Non-Operation Chapter Special Events Section Purpose of Chapter Section Applicability Section Event Standards Chapter Surface Mining Section Purpose of Chapter Section Incorporation by Reference Section Applicability Section Procedures Section Standards for Reclamation Section Review Criteria and Findings Section Reapplication for Surface Mining Use Permit and Reclamation Plan Section Statement of Responsibility Section Findings for Approval Section Financial Assurances Section Performance Bond and Agreement Requirement Section Interim Management Plans Section Annual Report Requirements Section Inspections Section Review Section Violations and Penalties Section Enforcement Section Appeals Section Public Records Section Fees Section Amendments Section Liability and Responsibility of Permittee Section Successor in Interest Chapter Telecommunications Facilities Section Purpose of Chapter Section Applicability Section Telecommunications Facilities by Right Section Permit Procedures for Telecommunications Facilities by Right Section Standards for Telecommunications Facilities Section Antenna and Communication Facilities Section Indemnification Section Non-Enforcement by the City ix

12 Section Notices Section Filing Section Captions Section Modification of this Chapter Section Penalty for Violation Section Appeals ARTICLE 5 ZONING ADMINISTRATION Chapter Permits and Applications Process Section Purpose and Intent Section Applicability Section Authority and Administration Section Administrative Permits and Approval Section Applications Section Public Review and Hearings Required Section Environmental Review Section Application and Permit Limitations Chapter Noticing and Public Hearings Section Purpose and Applicability Section Responsibilities Section Noticing for Public Hearings Section Continued Hearings Chapter Director s Permits Section Purpose and Intent Section Applicability Section Applications Section Approval and Hearings Chapter Site Development Plan Review Section Purpose of Chapter Section Applicability Section Applications Section Notice and Hearings Section Approval Section Findings Section Appeals Section Lapsing and Voiding of Site Plan Approval Chapter Conditional Use Permits Section Purpose and Intent Section Applicability Section Applications x

13 Section Approval and Hearings Chapter Variances Section Purpose and Intent Section Applicability Section Application Section Required Findings Section Approval Section Appeals Section Floodplain Management Variances Section Conditions for Floodplain Management Variances Section Floodplain Management Appeal Board Chapter Amendments Section Purpose of Chapter Section Applicability Section Application Section Notice and Hearings Section Authority to Review Chapter Specific Plans Section Purpose of Chapter Section Applicability Section Specific Plan Preparation Section Required Content Section Application Process Section Public Hearings and Approval Section Annual Specific Plan Review Section Specific Plan Amendments Chapter Development Agreements Section Purpose and Intent Section Applicability Section Applications Section Notice and Hearings Section Approval Section Duration of Agreement Section Irregularity in Proceedings Section Recordation Section Review Section Amendment and Cancellation Chapter Appeals and Revocations Section Purpose and Applicability Section Filing an Appeal xi

14 Section Hearing Section City Council Decision Section Action Halted by Appeal Section Revocation Chapter Enforcement and Penalty Section Authority to Enforce Section Violators Punishable by Fine and Imprisonment Section Each Day a Separate Offense Section Violation is a Public Nuisance Section Remedies Cumulative ARTICLE 6 DEFINITIONS Chapter Definitions Section Purpose of Chapter Section Applicability Section A Definitions Section B Definitions Section C Definitions Section D Definitions Section E Definitions Section F Definitions Section G Definitions Section H Definitions Section I Definitions Section J Definitions Section K Definitions Section L Definitions Section M Definitions Section N Definitions Section O Definitions Section P Definitions Section Q Definitions Section R Definitions Section S Definitions Section T Definitions Section U Definitions Section V Definitions Section W Definitions Section X Definitions Section Y Definitions Section Z Definitions xii

15 Chapter CHAPTER San Marcos Municipal Code Title 20 Zoning Ordinance GENERAL PROVISIONS General Provisions Sections: Section Section Section Section Section Section Section Section Section Section Section Title Purpose of the Zoning Ordinance Authority Applicability Relationship to the General Plan Responsibility for Administration Severability Terminology Interpretation of Regulations Sale of Copies Title The provisions of this Title 20 of the Municipal Code shall be referred to as the Zoning Ordinance. The Zoning Ordinance is based on the official Zoning Map of the City of San Marcos. This Title supersedes any zoning ordinance enacted before the effective date of this Zoning Ordinance. Section Purpose of the Zoning Ordinance The purpose of this Zoning Ordinance is to protect and promote the public health, safety, comfort, convenience, and general welfare of the San Marcos community; to implement the policies of the General Plan; and provide the physical, environmental, economic, and social advantages that result from the orderly planned use of land resources. More specifically, the purposes of this Zoning Ordinance are as follows: A. Establish regulations for the development of land uses and improvements within zoning districts in accordance with the goals and policies of the General Plan. B. Ensure the orderly, attractive, and efficient growth and development of the City of San Marcos for the maximum benefit of its citizens. C. Strengthen the economic conditions and vitality of commercial centers to maintain and promote existing business and generate opportunities to attract new business. D. Enable flexibility in development type and scale by location to provide for emerging economic and social trends. E. Ensure compatibility between different types of development and land uses. Section Authority This Zoning Ordinance is enacted based on the authority vested in the City of San Marcos (City), and by the State of California, including, but not limited to, the State Constitution, the Planning and Zoning Law

16 Chapter San Marcos Municipal Code Title 20 Zoning Ordinance General Provisions (Government Code Sections et seq.), the Subdivision Map Act (Government Code Sections et seq.). and the California Health and Safety Code. Section Applicability This Zoning Ordinance applies to all land uses, activities, structures, subdivisions, and development within the City of San Marcos, owned, leased, or otherwise controlled by any private person(s), private or public corporations or partnerships, or any municipal body or agency, except as provided by this section. A. New Land Uses or Structures, Changes to Land Uses or Structures. Compliance with the requirements of this Zoning Ordinance is necessary for any person or public agency to lawfully establish, construct, occupy, maintain, reconstruct, alter, expand, or replace any use of land or structure, except as provided in Chapter (Nonconforming Uses, Buildings, and Structures). B. Issuance of Building or Grading Permits. The City may issue building, grading, or other construction permits only after all applicable requirements of this Zoning Ordinance and all other applicable statues, ordinances, and regulations of the City Municipal Code have been met. C. Subdivisions. Any subdivision of land proposed within the City after the effective date of this Zoning Ordinance shall be consistent with the minimum lot size requirements established by this Zoning Ordinance; all other applicable requirements of this Zoning Ordinance; and the City s subdivisions regulations, Title 19 of the Municipal Code. D. Public Utility Lines. The provision of this Zoning Ordinance shall not be construed to limit or interfere with the installation, maintenance, or operation of water lines; sewer lines; gas lines; other public utility pipelines; or electric, telephone, or telegraph transmission lines when installed, maintained, and operated in accordance with all other applicable laws. E. Effect of Zoning Ordinance on Existing Uses and Structures. An existing land use or structure is lawful only when it was legally established in compliance with all of the applicable regulations at the time of establishment, and is operated and maintained in compliance with all applicable regulations of this Zoning Ordinance, including Chapter (Nonconforming Uses, Buildings, and Structures). Existing land uses or structures that were in violation of City zoning regulations applicable before the effective date of this Zoning Ordinance are in violation of this Zoning Ordinance, and shall continue to be in violation until they conform to the current requirements of this Zoning Ordinance. The basis for complaints and enforcement actions for such violations, including discontinuance of use or removal of structures, shall persist until such violations conform to the current requirements of this Zoning Ordinance. F. Other Requirements May Apply. Nothing in this Zoning Ordinance eliminates the need for obtaining any permit, approval, or entitlement required by other provisions of the City Municipal Code or San Diego County Code, or complying with the regulations of any City department, or any San Diego County, regional, state, or federal agency

17 Chapter San Marcos Municipal Code Title 20 Zoning Ordinance General Provisions G. Effect of Zoning Ordinance Changes on Projects in Progress. Approved development projects that received administrative, discretionary, or building permits on or before the effective date of this Zoning Ordinance shall not be required to be altered because of adoption of this Zoning Ordinance or future Zoning Ordinance amendments, in accordance with the following conditions: 1. Construction of the permitted structure(s) commences within 60 days of the building permit issuance and is completed within 1 year from the effective date of this Zoning Ordinance. 2. Projects under construction on the effective date of this Zoning Ordinance shall complete permitted construction within 1 year from the effective date of this Zoning Ordinance. 3. Construction of the structure does not violate any other ordinance or law on the effective date of this Zoning Ordinance. Section Relationship to the General Plan The purpose of this Zoning Ordinance is to provide the legislative framework for implementation of the General Plan. The zoning districts established herein implement the land use designations of the General Plan for the public health, safety, comfort, convenience, and general welfare of the San Marcos community. To achieve the stated purpose, each officer or employee of the City of San Marcos having the responsibility and authority to issue licenses or permits, and any officer or official body having the authority or responsibility to approve plans or specifications for private or public projects, shall issue no license or permit, or authorize by approval, any project, plan, or specification that does not conform in purpose or form to the adopted General Plan and its elements. Section Responsibility for Administration This Zoning Ordinance shall be administered by the City Council, the Planning Commission, the Planning Division Director (Director), the Development Services Department, and any other departments, groups, or individuals identified in compliance with Title 2 (Administration and Personnel) of the City Municipal Code. Section Severability This Title 20 Zoning Ordinance, including individual parts and sections of the Title, are severable. Should any section of this Title be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Title as a whole, or any portion thereof, other than the section declared to be unconstitutional or invalid. Chapter and section headings contained in this Zoning Ordinance shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any other section of the Zoning Ordinance. Section Terminology Language used in this Zoning Ordinance are as follows:

18 Chapter San Marcos Municipal Code Title 20 Zoning Ordinance General Provisions A. Mandatory Language. The words shall, will, is to, and are to are always mandatory. B. Encourage Language. Should indicates that the passage is a standard, not a regulatory requirement. Should indicates the standard is not mandatory but is strongly recommended. May is permissive and does not represent a regulatory requirement. C. Indicative Language. The words include, includes, and including mean including, but not limited to. The word and means that all connected words or provisions apply; the word or means that the connected words or provisions shall apply singly or in any combination. Use of either or indicates that the connected words or provisions shall apply singly, but not in combination. D. State Law Requirements. References to applicable provisions of state law (e.g., the California Government Code, Subdivision Map Act, Public Resources Code) shall be construed to refer to the applicable state law provisions, as they may be amended from time to time. Section Interpretation of Regulations The Director shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this Zoning Ordinance. Whenever the Director determines that the meaning or applicability of any of the requirements of this Zoning Ordinance are subject to interpretation generally, or as applied to a specific case, the Director may issue an official interpretation or refer the question to the Planning Commission for determination. A. Minimum Requirements. The provisions of this Zoning Ordinance shall be regarded and applied as the minimum requirements and maximum potential limits for the promotion of the public health, safety, comfort, convenience, and general welfare of the City and its residents. When this Zoning Ordinance provides for discretion on the part of a City official or body, that discretion may be exercised to impose more stringent requirements than identified in this Zoning Ordinance, as may be necessary to promote orderly land use development and the purposes of this Zoning Ordinance. B. Provisions. The provisions of this Zoning Ordinance are not intended to interfere with, abrogate, or annul any easement, covenant, or other agreement between parties. This Zoning Ordinance applies to all land uses and development, regardless of the extent of the regulation imposed in relation to an applicable private agreement or restriction, without affecting the applicability of such agreement or restriction. The City shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement. C. Clarification of Ambiguity. If ambiguity arises concerning the appropriate classification of a particular use or regulation within the meaning or intent of this Zoning Ordinance based on established or unforeseen circumstances, including technological changes in processing or application of materials, the Director shall have the power to interpret the regulation based on understanding of the Zoning Ordinance. Applicants may appeal the Director s interpretation to the Planning Commission for review and interpretation, which shall be final; thereafter, such interpretation shall govern

19 Chapter Section San Marcos Municipal Code Title 20 Zoning Ordinance Sale of Copies General Provisions Copies of maps, charts, plats, and other descriptive matter made and provided for in this Zoning Ordinance may be sold by the City of San Marcos at the cost of printing, binding, and distributing the same. All moneys received from the sale of Zoning Ordinance materials shall be paid into the City s General Fund, as provided by law

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