(a)
Purpose
and intent.
(1)
Residential/Agriculture (RA) District. The purpose and intent of
the Residential/Agriculture (RA) District is to:
(A)
Provide for the maintenance and use of land for small farms and orchards,
excluding commercial animal raising, in association with single-family
dwellings; and
(B)
Implement the General Plan concept of providing for large lot, rural
residential uses, including, but not limited to, low-density areas
where the topography is not amenable to estate-type developments.
(2)
Hillside Residential (HR) District. The purpose and intent of the
Hillside Residential (HR) District is to:
(A)
Implement the programs and policies of the General Plan, including
the Safety Element as it relates to protection from geologic hazards
(unstable soils, prevention of erosion, and the like) and the Conservation
and Open Space Element relating to the maintenance of the natural
character and amenity of hillsides as a scenic resource of the City;
(B)
Provide for the utilization of innovative land planning and building
design as a means of achieving high quality, flexibility, and efficiency
in the design of residential subdivisions within hillside areas of
the City.
(3)
Single-Family-40,000 (RSE-40,000) District. The purpose and intent
of the Single-Family-40,000 (RSE-40,000) District is to:
(4)
Single-Family-20,000 (RSE-20,000) District. The purpose and intent
of the Single-Family-20,000 (RSE-20,000) District is to:
(5)
Single-Family-10,000 (RS-10,000) District. The purpose and intent
of the Single-Family-10,000 (RS-10,000) District is to provide for
the establishment and regulation of residential areas developed with
single-family detached dwellings, all on individual lots owned and
maintained by individual homeowners.
(6)
Single-Family-7,000 (RS-7,000) District. The purpose and intent of
the Single-Family-7,000 (RS-7,000) District is to provide for the
establishment and regulation of residential areas developed with single-family
detached dwellings, all on individual lots owned and maintained by
individual homeowners.
(7)
Single-Family-4,000 (RS-4,000) District. The purpose and intent of
the Single-Family-4,000 (RS-4,000) District is to provide for the
establishment and regulation of residential areas developed with single-family
detached dwellings, all on individual lots owned and maintained by
individual homeowners.
(8)
Residential Garden-7,000 (RG-7,000) District. The purpose and intent
of the Residential Garden-7,000 (RG-7,000) District is to provide
for the establishment and regulation of residential areas developed
with garden, patio, duplex, or zero-lot-line homes, attached or detached,
located and maintained in accordance with the General Plan.
(9)
Residential Garden-4,000 (RG-4,000) District. The purpose and intent
of the Residential Garden-4,000 (RG 4,000) District is to provide
for the establishment and regulation of residential areas developed
with garden, patio, duplex, or zero-lot-line homes, attached or detached,
located and maintained in accordance with the General Plan.
(10)
Multiple-Family (RM) District. The purpose and intent of the Multiple-Family
(RM) District is to provide for the establishment and regulation of
multiple-family residential areas of various medium-to-high unit densities,
located and maintained in accordance with the General Plan.
(11)
Very High Density (VHD) District. The purpose and intent of the Very
High Density (VHD) District is to provide for the establishment and
regulation of multiple-family residential areas of higher densities
that provide for affordable housing for the City’s lower income
family and senior households, located and maintained in accordance
with the General Plan.
(12)
Mobilehome Park (MHP) District. The purpose and intent of the Mobilehome
Park (MHP) District is to provide a district for the establishment
and regulation of mobilehome parks, planned, developed, and maintained
as an integral unit and incorporating utilities, landscaping, recreation
facilities, and other amenities.
(13)
Mission Residential District (MRD)-4,000 Zone District. The purpose
and intent of the Mission Residential District (MRD)-4,000 Zone District
is to provide for residential density and development standards to
ensure that new development maintains and enhances the distinctive
historic neighborhood character of the Mission Hill/Mission Flat residential
neighborhood consisting of about 27 acres generally bordered by La
Zanja Street to the north, Acjachema Street to the south, El Camino
Real to the west, and Interstate 5 to the east. The designation allows
predominantly single-family residential development on lots generally
ranging from 4,000 to 7,500 square feet consistent with the distinctive
neighborhood character established in the District.
(14)
Planned Residential Development District (PRD). The purpose and intent
of the Planned Residential Development District (PRD) is to provide
for the establishment, maintenance, and regulation of condominium
residential developments; to provide a means of achieving quality,
variety, and flexibility in condominium-type developments on relatively
large areas of land; and to provide for attractive residential developments
planned as units, incorporating coordinated building design, integrated
greenbelt areas, recreation facilities within developments, a more
efficient use of open space, a separation of pedestrian and vehicular
traffic, and an increase in overall project amenities.
(15)
Senior Mobilehome Park Overlay District. The purpose and intent of
the Senior Mobilehome Park Overlay District is intended to preserve
a variety and balance of housing types within the City, and it provides
assurances that existing senior mobilehome parks within the Mobilehome
Park District will remain exclusively available to seniors. The Senior
Mobilehome Park Overlay District shall be designated by the symbol
(MHP-SO) on the City of San Juan Capistrano Official Zoning Map. The
(MHP-SO) designation applies to all of the four senior mobilehome
parks that exist as age-restricted in the City of San Juan Capistrano
as of the effective date of this section.
(b)
Uses
regulations.
(1)
Table 3-1 identifies the uses permitted in the Residential/Agriculture
(RA), Hillside Residential (HR), Single-Family-40,000 (RSE-40,000)
Single-Family-20,000 (RSE-20,000), Single-Family-10,000 (RS-10,000),
Single-Family-7,000 (RS-7,000), Single-Family-4,000 (RS-4,000), Residential
Garden-7,000 (RG-7,000), Residential Garden-4,000 (RG-4,000), Mission
Residential District-4,000 (MRD-4000), Multiple-Family (RM), Very
High Density (VHD), Mobilehome Park (MHP) Districts and Planned Residential
Developments (PRD).
(2)
Uses listed as conditionally permitted uses are subject to the review requirements and conditions contained in Section 9-2.315, Conditional Use Permit, of this Code. Accessory uses are subject to the review requirements and conditions contained in Section 9-3.501, Accessory Uses and Structures, of this chapter.
(3)
The “notes and exceptions” column of Table 3-1 indicates
more precisely the use regulations for specific uses or operating
characteristics. The notes and exceptions must be reviewed in conjunction
with the other information for the class of use.
(4)
Certain permitted uses and conditionally permitted uses may be subject
to special conditions regarding location, operation, or the design
of the use. The sections of this title governing these uses are identified
in the “notes and exceptions” column of Table 3-1.
(5)
No Senior Mobilehome Park located within the MHP Senior District
shall convert to a non-senior mobilehome park. At least 80% of the
spaces in mobilehome parks in the Senior Mobilehome Park Overlay District
shall be occupied by at least one person 55 years of age or older.
If an existing mobilehome park met this qualification on January 1,
2017, and fell below the 80% requirement between that date and the
effective date of this section, the Senior Mobilehome Park Overlay
District shall be applied to that mobilehome park and that park shall
be required to operate as a Senior Mobilehome Park by renting spaces
and mobilehomes only when at least one occupant of the mobilehome
is 55 years of age or older. The signage, advertising, park rules,
regulations, rental agreements and leases for spaces in a Senior Mobilehome
Park shall state that the park is a senior park.
Spaces and mobilehomes in a mobilehome park in the Senior Mobilehome
Park Overlay District shall be rented only to an occupant that meets
the age requirements set forth in this section; provided, however,
that if any occupant of a space or mobilehome who does not meet this
requirement rented the space or mobilehome before the effective date
of the ordinance codified in this section, that occupant shall be
allowed to remain, and provided further that when such occupant ceases
to occupy a space or mobilehome, the mobilehome and space cannot thereafter
be rented except to an occupant that is at least 55 years of age or
older.
(6)
Land use regulations and limitations on rentals.
(A)
At least 80% of the spaces in mobilehome parks in the designated
Senior Mobilehome Park Overlay District shall be occupied by at least
one individual aged 55 years of age or older. If an existing mobilehome
park met this qualification on January 1, 2017 and fell below the
requisite 80% threshold between that date and the effective date of
the ordinance codified in this section, the Senior Mobilehome Park
Overlay District shall be applied to that mobilehome park and the
park shall be required to operate as a seniors only residential park
by renting spaces and mobilehomes only to individuals where at least
one occupant of the mobilehome or space is 55 years of age or older.
(B)
Except as otherwise provided in State law, spaces and mobilehomes in seniors only residential parks shall be rented only to an occupant who meets the age requirement set forth in Section 9-3.301, subdivision (b) of Article 3 of Chapter 3 of Title 9 (Land Use Code) of the San Juan Capistrano Municipal Code; provided, however, that if any occupant of a space or mobilehome does not meet the above specified age requirement for living in a park within the Senior Mobilehome Park Overlay District before January 1, 2017, such occupant shall be allowed to remain. When such occupant ceases to occupy any space or mobilehome, the mobilehome and space cannot thereafter be rented except to an occupant who does meet the age requirement set forth in Section 9-3.301, subdivision (b) of Article 3 of Chapter 3 of Title 9 (Land Use Code) of the San Juan Capistrano Municipal Code and is 55 years of age or older.
(C)
All signage, advertising, park rules, regulations, rental agreements
and leases for spaces in a seniors only residential park in the Senior
Mobilehome Park Overlay District must state that the park is a seniors
only residential mobilehome park and must specify that such mobilehomes
and/or spaces are only available for rent or lease by individuals
such that at least one occupant of the mobilehome or space is aged
55 years of age or older.
(D)
Each and every mobilehome park within the Senior Mobilehome Park
Overlay District and designated as seniors only residential park must
have procedures, as may be established and revised by the Director
of Community Development from time to time, for verifying that it
qualifies as a senior facility under applicable Federal and/or State
law, including documentation establishing that at least 80% of the
mobilehomes or spaces within the mobilehome park are occupied by at
least one occupant who is 55 years of age or older. These procedures
shall provide for regular updates, through surveys or other means
of initial information supplied to the City by occupants of the park.
Such updates must take place at least once every two years commencing
within 180 days following the effective date of the ordinance codified
in this section. Further, a summary of this occupancy verification
documentation required to be maintained by the owner of a seniors
only residential mobilehome park shall be available for inspection
by the City upon written notice and request by the City.
|
Table 3-1
Uses in Residential Districts
(please refer to end of table for notes)
| |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
Use
|
RA
|
HR
|
RSE- 40,000
|
RSE- 20,000
|
RS- 10,000
|
RS- 7,000
|
RG- 7,000
|
RS- 4,000
|
MRD- 4,000
|
RG- 4,000
|
RM*
|
VHD
|
MHP & MHP-SO
|
PRD
|
Notes and Exceptions
|
|
Accessory dwelling unit (single-family)
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
—
|
—
|
—
|
—
|
a. Subject to Section 9-3.501, Accessory Uses and Structures.
b. In the MRD-4,000 District, accessory dwelling units shall
be permitted on lots of 6,000 square feet or greater in area.
|
|
Accessory uses and structures incidental to the operation of
a permitted use
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
|
|
Alcoholism or drug abuse recovery or treatment residential facilities
that are licensed by the State for a maximum of 6 or fewer persons
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
See California Health and Safety Code §§ 11834.02
and 11834.23.
|
|
Animal grazing, breeding, boarding, and training
|
—
|
P
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
These uses are considered interim uses until residential development
plans are approved.
|
|
Animal keeping (noncommercial) in conjunction with a residential
use of a lot
|
A
|
C
|
C
|
C
|
—
|
—
|
—
|
—
|
|
—
|
—
|
—
|
—
|
—
|
Excludes domestic animals which are permitted in conjunction
with a residential use in all residential zoning districts without
City approval and wild or exotic animals which are prohibited in all
residential zoning districts.
a. For RA District— Limited to farm animals, peafowl and
animals allowed in HR, RSE-40,000 and RSE-20,000 Districts. Excludes
commercial livestock breeding and raising.
b. For HR, RSE-40,000, and RSE-20,000 Districts—Must be on a lot size greater than 15,000 square feet and limited to small animals such as ducks, geese, potbellied pigs, outdoor exotic birds and other similar animals. Excluded are peafowl, which are prohibited and chickens, which are permitted by right and subject to Section 9-3.511.5. Animal slaughtering or commercial animal raising or breeding shall be prohibited.
|
|
Apiaries (noncommercial beekeeping)
|
C
|
C
|
C
|
C
|
—
|
|
|
|
|
|
|
|
|
|
Subject to Section 9-3.510.
|
|
Bed and breakfast establishments
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
Subject to Section 9-3.509, Bed and Breakfasts.
|
|
Boarding and rooming houses, long-term
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
P
|
P
|
—
|
—
|
|
|
Boarding and rooming houses, short-term
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
P
|
P
|
—
|
—
|
|
|
Cemeteries
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
—
|
|
|
Church, religious, or fraternal
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
Includes synagogues, temples, mosques, and other buildings used
for the purposes herein but excludes day care centers, and private
and/or secondary educational facilities.
|
|
Community care facilities that are licensed by the State for
a maximum of 6 or fewer persons
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
See California Health and Safety Code § 1502(a)(1)—
(18).
|
|
Crop and tree farming
|
P
|
P
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
For HR—These uses are considered interim uses until residential
development plans are approved.
For RA – The City may enter into Urban Agriculture Zone (UAIZ) contracts with property owners (see Section 9-3.558 Urban Agricultural Incentive Zone).
|
|
Day care centers
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
See California Health and Safety Code § 1596.76.
|
|
Equestrian facilities (communal)
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
—
|
—
|
—
|
—
|
a. Must be in conjunction with a subdivision.
b. Subject to Section 9-3.515, Equestrian Standards.
|
|
Family day care homes, large
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
|
|
Family day care homes, small
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
Home businesses
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
Subject to Section 9-3.523, Home Business.
|
|
Horse keeping (noncommercial)
|
A
|
A
|
A
|
A
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
Subject to Section 9-3.515, Equestrian Standards.
|
|
Horse stables and equestrian centers (commercial)
|
C
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
Subject to Section 9-3.515, Equestrian Standards.
|
|
Hotels
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
|
|
Kennels (commercial)
|
C
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
Subject to Section 9-3.525, Kennels.
|
|
Kennels (noncommercial)
|
A
|
C
|
C
|
C
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
Subject to Section 9-3.525, Kennels.
|
|
Manufactured and modular homes on a permanent foundation system
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
—
|
P
|
P
|
P
|
P
|
P
|
Manufactured or modular structures shall not be permitted in
the MDR-4,000 District. Where permitted, both types of structures
shall be subject to the design guidelines of subsection (c), Development
Standards, of this section.
|
|
Mining, oil drilling, and other resource extraction
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
Includes necessary incidental buildings and appurtenances.
|
|
Mobilehome parks
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
C
|
—
|
|
|
Parks (public and private)
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
Plant nurseries and storage
|
P
|
P
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
a. Includes greenhouses, hydroponic gardens, and similar facilities,
for the purpose of growing only.
b. The retail sales of products shall not be permitted.
c. For HR—These uses are considered interim uses until
residential development plans are approved.
|
|
Public buildings and facilities
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
a. Includes public schools, museums, libraries, governmental
buildings, parks, fire stations, public utility offices and exchanges,
bus, and railroad stations.
b. Excludes police stations and hospitals.
|
|
Recreation and community centers (noncommercial public and private)
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
a. Tennis courts and other outdoor recreational uses within such centers shall conform to the requirements of Sections 9-3.501, Accessory Uses and Structures, and 9-3.529, Lighting Standards.
b. The outdoor night lighting of tennis courts and other recreational
uses shall not be permitted unless a conditional use permit is approved
by the City.
|
|
Recycling facilities
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
P
|
—
| |
|
Residential dwellings (detached SFD)
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
—
|
P
|
|
|
Residential dwellings (attached SFD)
|
—
|
—
|
—
|
—
|
—
|
—
|
P
|
—
|
—
|
P
|
P
|
P
|
—
|
P
|
|
|
Residential dwelling units (duplex, two-family)
|
—
|
—
|
—
|
—
|
—
|
—
|
P
|
—
|
—
|
P
|
P
|
P
|
—
|
P
|
Must be located on a single lot or with each dwelling on its
own lot.
|
|
Residential dwelling units (multiple-family, apartments and
cooperatives)
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
P
|
P
|
—
|
P
|
|
|
Residential dwelling units (multiple-family, townhouses, condos)
|
—
|
—
|
—
|
—
|
—
|
—
|
P
|
—
|
—
|
P
|
P
|
P
|
—
|
P
|
|
|
Residential dwelling (temporary)
|
A
|
A
|
A
|
A
|
A
|
A
|
—
|
A
|
A
|
—
|
—
|
—
|
—
|
—
|
Allowed during the construction of a permanent single-family residence on an individual lot in accordance with the provisions of Section 9-3.553, Temporary Uses and Structures.
|
|
Swimming schools, tennis clubs and schools, and similar activities
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
C
|
C
|
—
|
—
|
Must be deemed by the Planning Commission to be compatible with
the existing or proposed residential uses.
|
|
Tennis/sport courts, swimming pools, and similar improvements
on individual residential lots
|
A
|
A
|
A
|
A
|
C
|
C
|
—
|
C
|
C
|
—
|
—
|
—
|
—
|
—
|
a. The requirements of Sections 9-3.501, Accessory Uses and Structures, and 9-3.529, Lighting Standards.
b. The outdoor night lighting of such tennis courts or other
recreational uses shall not be permitted unless a conditional use
permit is approved by the City.
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Notes:
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|---|
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* Other uses may be allowed in the RM District with a conditional
use permit if they are deemed by the Planning Commission to be compatible
with the existing or proposed residential use.
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P = Principal use permitted by right
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— = Not permitted
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(c)
Development
standards.
(1)
Table 3-2 identifies the development standards for the Residential/Agriculture
(RA), Hillside Residential (HR), Single-Family-40,000 (RSE-40,000)
Single-Family-20,000 (RSE-20,000), Single-Family-10,000 (RS-10,000),
Single-Family-7,000 (RS-7,000), Single-Family-4,000 (RS-4,000), Residential
Garden-7,000 (RG-7,000), Residential Garden-4,000 (RG-4,000), Mission
Residential District-4,000 (MRD-4000), Multiple-Family (RM), Very
High Density (VHD), Mobilehome Park (MHP) Districts, and Planned Residential
Development District (PRD).
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Table 3-2
Development Standards for Residential Districts
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|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
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One Story1
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One Story1
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One Story1
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One Story1
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Two Story1
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Two Story1
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Two Story1
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Two Story1
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Two Story1
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District
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Max. Density
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Min. Lot Area
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Min. Street Frontage
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Min. Front Yard3,4
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Min. Side Yard3,5,6
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Min. Rear Yard3,7,8,19
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Max. Lot Coverage Ratio
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Min. Front Yard3,4
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Min. Side Yard3,5,6
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Min. Rear Yard3,7,8,19
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Max. Lot Coverage ratio9
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Max. 2nd floor/1st floor ratio
|
Bldg. Hgt.
|
|
RA10,11
|
0.4 du/ac
|
2.5 acres
|
200 ft.
|
150 ft.
|
20 ft.
|
50 ft.
|
0.12
|
150 ft.
|
20 ft.
|
50 ft.
|
0.12
|
75%
|
35 ft.
|
|
HR12,13
|
Ref. 9-3.301c(2)
|
10,000 sq. ft.
|
60 ft.
|
25-20 ft.
|
15-5 ft.
|
25/20 ft.
|
0.40
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25-20 ft.
|
15-5 ft.
|
25-20 ft.
|
0.35
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80%
|
35 ft.
|
|
RSE- 40,00010,11
|
1 du/ac
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40,000 sq. ft.
|
150 ft.
|
30 ft.
|
20 ft.
|
25 ft.
|
0.15
|
30 ft.
|
20 ft.
|
25 ft.
|
0.15
|
75%
|
35 ft.
|
|
RSE- 20,00010,11
|
2 du/ac
|
20,000 sq. ft.
|
90 ft.
|
30 ft.
|
10 ft.
|
25 ft.
|
0.25
|
30 ft.
|
10 ft.
|
25 ft.
|
0.25
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80%
|
35 ft.
|
|
RS- 10,00010,11
|
3.5 du/ac
|
10,000 sq. ft.
|
60 ft.
|
20 ft.
|
10-5 ft.
|
25 ft.
|
0.40
|
20 ft.
|
10 ft.
|
25 ft.
|
0.35
|
80%
|
35 ft.
|
|
RS- 7,00010,11
|
5 du/ac
|
7,000 sq. ft.
|
60 ft.
|
20 ft.
|
5 ft.
|
20 ft.
|
0.45
|
20 ft.
|
10-5 ft.
|
20 ft.
|
0.32
|
80%
|
35 ft.
|
|
RG- 7,00010,11,15
|
5 du/ac
|
7,000 sq. ft.
|
60 ft.
|
20 ft.
|
10-0 ft.
|
20 ft.
|
0.45
|
20 ft.
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10-0 ft.
|
20 ft.
|
0.32
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80%
|
35 ft.
|
|
RS- 4,00010,11,14
|
8 du/ac
|
4,000 sq. ft.
|
50 ft.
|
18 ft.
|
5 ft.
|
16 ft.
|
0.50
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20 ft.
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10-5 ft.
|
20 ft.
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0.35
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80%
|
35 ft.
|
|
MRD- 4,00010,11,17,18
|
8 du/ac
|
4,000 sq. ft.
|
50 ft.
|
18 ft.
|
5 ft.
|
16 ft.
|
0.50
|
20 ft.
|
10-5 ft.
|
20 ft.
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0.35
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80%
|
35 ft.
|
|
RG- 4,00010,11,14,15
|
8 du/ac
|
4,000 sq. ft.
|
50 ft.
|
18 ft.
|
10-0 ft.
|
16 ft.
|
0.50
|
20 ft.
|
10-0 ft.
|
20 ft.
|
0.35
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80%
|
35 ft.
|
|
RM*10,16
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18 du/ac
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1 ac
|
150 ft.
|
30 ft.
|
20 ft.
|
20 ft.
|
NA
|
20 ft.
|
20 ft.
|
20 ft.
|
0.35
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80%
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35 ft.
|
|
VHD10,16
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30 du/ac
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1 ac
|
150 ft.
|
30 ft.
|
20 ft.
|
20 ft.
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NA
|
20 ft.
|
20 ft.
|
20 ft.
|
0.35
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80%
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35 ft.
|
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MHP & MHP-SO
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Development standards for mobilehomes shall be per State Law.
| ||||||||||||
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PRD
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Refer to subsection 9-3.301(b)(5)(D)
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Notes:
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|---|---|
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Max. = Maximum, Min. = Minimum, DU = Dwelling Unit, Yd. = Yard,
Bldg. = Building, and Hgt. = Height
| |
|
1
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All new residential projects shall incorporate a combination
of one- and two-story units adjacent to all master planned arterial
streets, with at least 20% of the total project units being one story.
In addition, in the HR District, one- and two-story structures shall
be intermixed to provide a variety of roof lines, building mass, and
setbacks, and two-story structures shall not be located adjacent to
project entries or to existing single-story residences.
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2
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Lots with street frontages below the minimum set forth in this
table may be permitted without the approval of a variance if all of
the following conditions are met.
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(a)
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The lot’s street frontage remains a minimum of 20 feet;
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(b)
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The lot is designed such that the reduced width portion constitutes
an access corridor to the buildable portion, which is set back away
from the street;
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(c)
|
The minimum width of the buildable portion of the lot conforms
to the requirements of this table; and
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(d)
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The Planning Commission determines that adequate visitor parking
will be provided on the lot to compensate for the loss of street frontage
parking.
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The actual creation of reduced frontage lots shall be subject to normal City approval of required tract or parcel maps. Reduced frontage portion of such lots shall not be included in the computation of lot area (see Section 9-4.315, Irregular and Cul-de-Sac Lots).
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3
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The criteria for measuring setbacks on irregularly shaped and cul-de-sac lots are set forth in Section 9-4.315, Irregular and Cul-de-Sac Lots.
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4
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The setback for garages shall maintain the minimum setbacks for the district. For those residential districts that allow a minimum front yard of 18 feet or less, a minimum setback of 18 feet from the front property line shall be maintained for the garage. If the garage is a side entry, the front yard setback may be reduced to a minimum of 10 feet. However, in no instance shall side entry garages using this standard exceed 20% of the total units for the residential project. In the MRD-4,000 District, garages shall comply with Section 9-3.301(c)(4)(C)(2) of these regulations.
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5
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Architectural projections may extend into required side yards
no more than 40% of the applicable district requirement, or more than
3 feet whichever is greater.
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6
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Minimum exterior side yards shall not be less than 10 feet for
all districts, except for the HR District, in which the minimum exterior
side yard adjacent to the street shall not be less than 15 feet.
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7
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On lots with an existing building setback encroachment into a required side or rear yard, structural additions having the same said encroachment shall be permitted without the approval of a variance. However, no new encroachment in excess of that existing, nor any new encroachment may be permitted without the approval of a variance (see Section 9-3.533, Nonconforming Uses, Lots, and Structures). Notwithstanding the preceding, any side setback encroachments for dwellings within the Capistrano Garden Homes 2 project area shall require a variance or an exception.
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8
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In the RA, HR, RSE-40,000, RSE-20,000, RS-10,000, RS-7,000, RS-4,000, RG-7,000, RG-4,000, MRD-4,000, RM, and VHD Districts, open patios may extend up to a minimum of 5 feet from rear property lines pursuant to Section 9-3.501, Accessory Uses and Structures.
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9
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The overall building square footage for the primary structure
shall not exceed that using the floor area ratio. For the purposes
of calculating overall square footage, open volume ceilings that include
second story area shall be included as square footage as if a second
floor has been installed; said area shall include garage and enclosed
porches.
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10
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All front, side, and exterior side architectural elevations
shall be fully articulated with the integration of details and materials
consistent with the approved architectural style of the unit for residential
subdivision.
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11
|
Single-family Design Standards. In all districts where single-family
dwellings (site-built, modular, or manufactured home) are permitted,
such dwellings shall be subject to the development standards for that
district as well as the following requirements:
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(a)
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The minimum width of the residential dwelling shall be 20 feet
outside dimension measured to the building line. For the purposes
of this section, the width shall be distinguished from the length
of the building as the dimension having the lesser measurement;
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(b)
|
The exterior sides shall be covered with wood, stucco, masonry,
or other material of similar texture and durability. Metal siding
shall not be permitted;
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|
(c)
|
The roof material shall be wood shingle or shake, slate, tile,
or other material of similar appearance, texture, substance, and durability;
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(d)
|
Roof eaves and gables shall be no less than 12 inches, measured
from the vertical side of the unit, unless otherwise approved by the
Planning Commission. The preceding criteria shall be administered
by either the Planning Director or Planning Commission, depending
on which is responsible for reviewing specific residential projects
or custom homes prior to plan check.
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12
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HR Design Standards: A residential project in the HR District
shall be in compliance with the following:
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|
(a)
|
The residential design of the project shall give the appearance
of a variety of setbacks;
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(b)
|
The residential design shall encourage pedestrian use for internal
circulation;
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(c)
|
Existing mature trees shall be preserved to the maximum extent
and shall be integrated into the overall design of the project.
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13
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In the HR District, as part of the subdivision review process,
lots shall comply with the following:
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|
(a)
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At least 30% of the units shall maintain a minimum front yard
setback of 25 feet and rear yard setback of 20 feet;
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(b)
|
At least 70% of the units shall maintain a minimum front yard
setback of 20 feet and rear yard setback of 25 feet;
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|
(c)
|
The minimum side yard setbacks shall be 15 feet combined, but
not less than 5 feet on one interior side yard.
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14
|
Projects that propose 7,000 square foot lots or less shall provide
private common recreational facilities equal to 250 square feet per
unit. In addition, the minimum setback from a master planned arterial
street shall be 25 feet as measured from the ultimate right-of-way.
A homeowner association shall be created to maintain all the recreational
facilities and landscaping and to assume other responsibilities as
appropriate. The organization, legal authority, duties, and obligations
for such homeowner association shall be set forth in a set of Codes,
Covenants, and Restrictions (CC&R) to be approved by the Planning
Commission and recorded with the final tract map. Such CC&R shall
incorporate provisions for the City to take over or otherwise provide
for the maintenance of all the recreational facilities, landscaping,
and common areas should the City determine that adequate maintenance
is not being performed.
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15
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The RG-7,000 and RG-4,000 Districts allow attached units with
zero lot lines.
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16
|
In the “RM” and “VHD” Districts, a minimum
distance of 20 feet shall be maintained between all buildings including
principal and accessory structures.
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17
|
Single-family homes shall be permitted as a primary land use
within the GC district in neighborhoods where existing development
is predominantly single-family residential. Such existing lots, on
which single-family residences are the primary use, shall be subject
to the single-family development standards of the RS-7000 district
or other residential district as determined most applicable by the
Planning Director.
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|
18
|
In the Mission Hill area of the MRD-4,000 District, lots with
an average slope in the front yard of less than 15% shall comply with
the minimum front yard setback. Lots with an average slope equal to
or greater than 15% shall provide a minimum 10 feet setback. In the
Mission Flat area of the MRD-4,000 District, the principle dwelling,
with or without an attached front-loaded garage, shall maintain a
minimum front yard setback of 18′-0″ for one-story and
20′-0″ for two-story structures.
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19
|
In the MRD-4,000 District, detached garages situated to the
rear of the principal dwelling shall maintain a minimum 3′-0″
side and rear yard setback. Detached garages may incorporate other
permitted accessory uses.
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(2)
Hillside Residential (HR) District development standards. Development
within the Hillside Residential (HR) District shall comply with the
following standards:
(A)
Calculation of total allowable dwelling units. Within the Hillside Residential (HR) District, the total allowable residential dwelling units shall be calculated based on the total land area within each slope category pursuant to subsection (B) of this subsection, below. All land area included within a parcel may be included in the calculation of total allowable dwelling units, if all land within the parcel is designated for residential development by the Land Use Element of the General Plan.
(B)
Residential dwelling unit calculations. Using the slope calculation procedure described in subsection (D) of this subsection, the maximum allowable number of residential dwelling units shall be calculated by totaling the maximum number of dwelling units allowed within each slope category as depicted in Table 3-3.
|
Table 3-3
Hillside Residential District Dwelling Unit Calculation
| |
|---|---|
|
Slope Category
|
Dwelling Units per Acre
|
|
0—10 percent
|
100 percent of maximum density for General Plan residential
land use designation
|
|
11—15 percent
|
90 percent of maximum density for General Plan residential land
use designation
|
|
16—20 percent
|
75 percent of maximum density for General Plan residential land
use designation
|
|
21—25 percent
|
55 percent of maximum density for General Plan residential land
use designation
|
|
26—30 percent
|
35 percent of maximum density for General Plan residential land
use designation
|
|
30—39 percent
|
10 percent of maximum density for General Plan residential land
use designation
|
|
40 percent or greater
|
Zero percent of maximum density for General Plan residential
land use designation
|
(C)
Clustering of dwelling unit allocations or graduated lot sizes. Within
a tentative map, planned development permit, vested tentative map
or any other applicable entitlement, dwelling unit allocations calculated
for land areas having slopes in excess of 25% shall be transferred
to land areas having slopes of less than 25%, except no dwelling units
shall be allowed on land with less than 25% slope on or adjacent to
a designated ridgeline identified in the Conservation and Open Space
Element of the General Plan. When transfers of dwelling unit allocations
as described above occur, the resulting minimum lot size for a single-family
detached dwelling shall not be less than 10,000 square feet per dwelling
unit or unless an exception is granted by the City Council.
(D)
Slope calculation procedure. The following method shall be used to
determine the slope of any land within the Hillside Residential (HR)
District: The parcel of land shall be divided into subareas or cells
of approximately 100 feet by 100 feet (30 meters by 30 meters). Within
each cell, the slope shall be calculated by the following formula:
 |
|
Where:
S = Average ground slope in percent, calculated for each cell
to be rounded to the nearest whole number.
I = Interval, in feet, of the topographic map contour lines.
The contour interval shall be 10 feet or less for calculating slope.
L = The sum, in feet, of the length of all contour lines within
the cell, at the selected contour interval “I.”
A = The total area of the cell, in square feet. A cell 100 feet
by 100 feet has an area of 10,000 square feet (100 feet x 100 feet
= 10,000 square feet).
The areas of cells with each slope category shall be combined to identify the total land areas within the parcel within each of the slope categories identified in subsection (B) of this subsection. The maximum allowable number of residential dwelling units can then be calculated as described in subsection (B) of this subsection.
|
(E)
Slope map required. All computations for slope and the maximum allowable
number of residential dwelling units, including a topographic map,
shall be prepared and signed by a registered civil engineer or a licensed
land surveyor and submitted to the Environmental Administrator. The
topographic map shall have a scale of not less than one inch to 200
feet and a contour interval of not more than 10 feet. This topographic
map shall include all adjoining land area within 150 feet of the site
boundaries. The map shall depict the slope category of each cell so
that cells within the same category are visually recognizable.
(F)
Hillside grading requirements. The following hillside grading requirements
shall apply in the Hillside Residential (HR) District. In reviewing
the subdivision and development plans for hillside areas, the Planning
Commission shall ensure the attainment of the following objectives:
(i)
The preservation of natural topographic features and appearances
by means of land sculpturing so as to blend any manmade or manufactured
slope into the natural topography;
(ii)
The preservation of natural topographic features and appearances
through restrictions on successive padding and terracing of building
sites in hillside areas;
(iii)
The retention of all designated General Plan ridgelines so as
to avoid abrupt changes in grades;
(iv)
The retention of major natural topographic features, such as
canyons, drainage swales, steep slopes, watershed areas, floodplains,
view corridors, and scenic vistas;
(v)
The preservation and enhancement of prominent landmark features,
such as natural rock outcroppings, prominent trees and plant materials,
and other areas of special natural beauty;
(vi)
The design and arrangement of building sites, utilizing clustered
lot designs, and setback variations, so as to limit the extent of
grading alterations;
(vii)
The utilization of varying setbacks, building heights, innovative
building techniques, and compatible building forms, materials, and
colors which serve to blend all buildings into the terrain;
(viii)
The preservation and introduction of plant materials so as to
protect slopes from soil erosion and slippage and minimize the visual
effects of grading and construction on hillside areas;
(ix)
The introduction and utilization of permanent full coverage
irrigation systems adequate to sustain existing and developed slope
plantings and to protect against potential hazards due to fire;
(x)
The utilization of street designs and improvements which serve
to minimize grading alterations and harmonize with the natural contours
and character of the hillsides;
(xi)
The utilization of contour grading and revegetation with natural
plant materials for remedial grading associated with the stabilization
and protection of future residential units; and
(G)
Exceptions. Exceptions to the residential unit allocations as determined
by the slope density formula may be considered and approved by the
City Council, if it is determined that the following has been integrated
into the project’s design:
(i)
The project has minimized landform alteration by its layout
and design;
(ii)
The project has minimized its visual prominence from major views
from designated scenic corridors:
(iii)
The design is unique and blends through the use of structure
design and finish materials and colors with its natural setting and
(iv)
The design of the project maximizes the amount of natural open
space, while ensuring the long-term safety of residents and improvements.
(H)
Non-applicability. The development standards and requirements set
forth in this subsection, upon a determination of the Environmental
Administrator, shall not apply to those specific developments or applications
involving site preparation for one or more of the following types
of projects:
(i)
A single-family dwelling unit and accessory buildings on a single
parcel of record on date of the adoption of this Title;
(ii)
Two or more residential dwelling units and accessory buildings
on a single parcel wherein the minimum average amount of land area
per dwelling unit equals 10 acres or more;
(iii)
The use, development, or alteration of land, including the projects
set forth in subsections (i) and (ii) of this subsection, wherein
less than 10% of the surface area of the land is to be graded or where
grading operations involve less than 5,000 cubic yards of dirt and/or
(iv)
The property is part of a subdivision application that was subject
to the provisions of this section and has previously been reviewed
and approved by the City Council.
Applications for a determination of nonapplicability as set
forth in this subsection shall be made to the Environmental Administrator.
The applicant shall submit a written request and such data or plans
as may be required by the Environmental Administrator to render a
decision in accordance with the provisions of this subsection. A determination
of nonapplicability from the standards or requirements of this section
shall be granted only if the Environmental
|
Administrator finds that the development plans meet the development
requirements set forth in this subsection and that the development
of the land in questions will serve to comply with the purposes and
objectives of the Hillside Residential (HR) District.
|
(3)
Multiple-family development requirements. The following development
requirements shall apply in the Multiple-Family (RM) and Very High
Density (VHD) Districts:
(A)
Recreational facilities. Residential developments shall provide outdoor
recreational facilities for the residents of the development. Such
facilities may include swimming pools and cabanas, tennis and volleyball
courts, open playing fields, children’s play equipment, and
similar facilities.
(B)
Management agencies. A management agency shall be created to maintain
all the recreational facilities and landscaping and to assume other
responsibilities as appropriate. The organization shall be set forth
in a set of provisions to be approved by the Planning Commission.
Management agencies shall be responsible for assuring that the development
complies with the maintenance standards per Title 8 of this Municipal
Code.
(C)
Storage facility. Each unit within a development shall have a personal
storage facility designated for the unit use. The storage facility
will be enclosed and must be able to secure closed. The facility will
not be permitted for living space.
(D)
Common Recreational Space. At least 200 square feet per unit of common
open space will be required for recreational purposes. Recreational
space uses include: community park, swimming pool and spa, gymnasium,
picnic shelter/barbecue area with seating court game facility, tot-lot,
basketball court, tennis court, soft-ball or baseball field, day care
center, or similar uses. For developments with less than 30 units,
one recreational space use must be included. For developments with
more than 30 units but less than 100 units, two of the recreational
space uses must be included. For developments more than 100 units,
three of the recreational space uses must be included.
(E)
Community focal point. Projects with more than 50 units must incorporate
a community focal point. Community focal points are central meeting
places which include, but are not limited to, plazas, courtyards,
or other landmark features for congregating. This area shall include
shading, seating, and decorative features consistent with the design
of the units. If enclosed, the structure shall be architecturally
embellished to signify a focal point. This area shall be centrally
located and accessible to all residents.
(4)
Mission Residential District. The following development requirements
shall apply to new construction in the Mission Residential District
(MRD) District, to the extent feasible and practicable on each lot.
The intent of this district is to maintain a community character complementary
to that currently existing in the area. While this section includes
both requirements and guidelines, care must be taken not to deviate
substantially from these guidelines in a way that would be detrimental
to the streetscape and community character in terms of height, bulk,
building coverage, setback, design, materials, and colors.
(A)
New development projects proposed in the MRD-4,000 zone shall be
subject to the following processing requirements:
(i)
Any proposal to demolish, remove, relocate, or substantially alter any structure listed on the City’s Inventory of Historical and Cultural Landmarks (IHCL) shall be subject to Section 9-2.327, Historical and Cultural Landmark Site Plan Review, of this title. Minor alterations to IHCL-listed structures shall be processed pursuant to Section 9-2.327(b) of this title.
(ii)
Any proposal to demolish, remove, relocate, or alter any structure which is not listed on the City’s IHCL shall be subject to review by the Planning Director or their designee as to conformance with the requirements of this section. If the Planning Director determines that the proposed project conforms to the requirements set forth herein, the project may be approved administratively pursuant to Section 9-2.303, Administrative Approvals, of this title. If the Planning Director determines that the project does not meet the requirements of this section, the Planning Director may deny the project or may forward it to the Planning Commission for review and action pursuant to that section.
(B)
Building material standards.
(i)
All building materials shall be authentic and in character for
the area.
(ii)
No metal siding or fiberglass panels are permitted on either
primary or accessory structures.
(iii)
Permitted building materials shall include wood, stone, brick,
stucco, plaster, asphalt-composition shingle, fire-resistant wood
shingle, clay tile, horizontal lap siding, board and batten siding,
fibrous cement siding, and similar materials.
(iv)
Highly reflective materials shall not be allowed.
(v)
Where an addition or alteration is proposed to an existing building,
materials shall be consistent with the existing building.
(C)
Site design standards.
(i)
Primary structures and all dwelling units shall be oriented
toward the frontage street so as to minimize automobile-related uses
and emphasize the main pedestrian entry.
(ii)
Garage standards.
a.
Mission Hill area: Garage doors should be side-loaded or set
back behind the front building wall containing the front entry door.
b.
Mission Flats area: Garage doors should be located behind the
front building wall containing the front entry door, or to the rear
of the principal dwelling.
c.
No more than 35% of the building frontage (measured in linear
feet) should be occupied by garage doors.
(iii)
Front porches and sidewalks connecting the front door to the
street are encouraged.
(iv)
Public sidewalks and curb and gutter within the right-of-way
will not be required except as needed for drainage and public safety.
Street improvements should match existing improvements in the area
in order to maintain the existing character. Alternatives designs,
such as bioswales, will be encouraged.
(v)
On hillside lots, stepped pads are preferred to adapt the building
form to the site’s natural slope.
(vi)
Driveways shall be designed to limit the amount of paved area
in front yards and along the street frontage. No more than 40% of
the front yard area may be paved. Divided driveways are permitted
to limit paving.
(vii)
No sheds or other accessory structures shall be permitted in
front yards, or within side yards adjoining any street.
(viii)
Fencing within yards adjacent to the public right-of-way shall
be open, with at least 50% visibility. No chain link fencing shall
be permitted in front yards or side yards adjoining public or private
streets.
(D)
Architecture.
(i)
Styles shall be consistent with those found within the District
and may include, but will not be limited to, Ranch, Bungalow, Craftsman,
Spanish Colonial revival, Victorian, California “vernacular,”
Streamline Moderne, and Bauhaus architectural styles, and contemporary
interpretations of these styles.
(ii)
New construction shall maintain the eclectic architectural quality
of the District. Development projects using the same or substantially
the same architectural style, colors, materials, massing, building
footprint and character on more than one lot in a row shall not be
permitted.
(iii)
Fluorescent colors shall be prohibited.
(iv)
Massing of all new structures (accessory and primary) shall
be compatible with existing buildings on adjoining lots.
(5)
Planned Residential Development District. The following development
requirements shall apply in the Planned Residential Development (PRD)
District.
(A)
Recreational Facilities: Developments shall provide outdoor recreational
facilities for the residents of the developments. Such facilities
may include swimming pools and cabanas, tennis and volleyball courts,
open playing fields, children’s play equipment, and similar
facilities.
(B)
Homeowner’s Associations: A homeowner’s association shall
be created to maintain all the recreational facilities and landscaping
and to assume other responsibilities as appropriate. The organization,
legal authority, duties, and obligations for such homeowner’s
associations shall be set forth in a set of Codes, Covenants, and
Restrictions (CC&R) to be approved by the Planning Commission
and recorded with the final tract map. Such CC&R shall incorporate
provisions for the City to take over or otherwise provide for the
maintenance of all recreational facilities, landscaping, and common
areas should the City determine that adequate maintenance is not being
performed.
(C)
Development Plans: Plans approved by the City during the development review process shall not be altered, unless such alteration is approved by the Planning Commission or the Community Development Director as defined in Section 9-3.301(c)(5)(E)9-3.301(c)(5)(E).
(D)
Development Standards: For the purposes of this section, “lot
cluster” shall mean any single lot, or group of adjacent lots
having a single perimeter boundary enclosing all of the lots. For
example, four attached town-homes would have contiguous lots, a single
perimeter boundary, and would constitute a lot cluster. The following
development standards shall apply in the Planned Residential Development
(PRD) District:
(i)
The minimum distance between lot clusters shall be 15 feet.
(ii)
The maximum number of lots within each lot cluster shall be
eight.
(iii)
The minimum distance between any building and a private street
shall be 10 feet.
(iv)
The minimum distance between any building and a public street
shall be 20 feet.
(v)
The minimum distance between any building and project boundary
shall be 20 feet for single-story units and 30 feet for two-story
units.
(vi)
The architectural features of buildings, such as eaves, cornices,
chimneys, and similar minor outcroppings, may extend beyond an individual
lot line into a project common area a maximum of three feet.
(E)
Exceptions: All alterations to development plans shall adhere to Section 9-3.301(c)(5)(C)9-3.301(c)(5)(C) except as follows:
(i)
Minor Alterations (Structural): The Community Development Director
or their designee may approve an addition not to exceed 10% of the
existing building area or 500 square feet, whichever is less, provided
the following conditions are met:
|
•
|
The area of addition does not exceed the setbacks of the existing
structure, as established for the existing residential dwelling unit.
|
|
•
|
The proposed addition is architecturally integral to the structure.
|
|
•
|
The proposed addition is located on property owned exclusively
by the property owner of the existing residential dwelling unit and
is not under common ownership.
|
|
•
|
The proposed addition meets all of the development standards
as established within the Planned Residential Development District.
|
(ii)
Minor Alterations (Accessory Structures): The Community Development
Director or designee may approve accessory structures provided the
following conditions are met:
|
•
|
The accessory structures are open structures which do not add
habitable living space and are attached to the principal structure
onsite.
|
|
•
|
Prior to approval the applicant shall provide written approval
of the proposed accessory structure by the subject Homeowners’
Association.
|
|
•
|
The proposed addition meets all of the development standards
as established within the Planned Residential Development District.
|
(d)
Development
review. Projects proposed within the Residential/Agriculture (RA),
Hillside Residential (HR), Single-Family-40,000 (RSE-40,000) Single-Family-20,000
(RSE-20,000), Single-Family-10,000 (RS-10,000), Single-Family-7,000
(RS-7,000), Single-Family-4,000 (RS-4,000), Residential Garden-7,000
(RG-7,000), Residential Garden-4,000 (RG-4,000), Mission Residential
District Residential-4,000 (MRD-4000), Multiple-Family (RM), Very
High Density (VHD), Mobilehome Park (MHP) and Planned Residential
Development (PRD) Districts shall be subject to applicable review
procedures as set forth in Article 3 Development Review Procedures
of Chapter 2 of this title.
(e)
Supplementary
district and temporary use regulations. For sign, parking, fence,
swimming pool, and similar regulations for the Residential/Agriculture
(RA), Hillside Residential (HR), Single-Family-40,000 (RSE-40,000)
Single-Family-20,000 (RSE-20,000), Single-Family-10,000 (RS-10,000),
Single-Family-7,000 (RS-7,000), Single-Family-4,000 (RS-4,000), Residential
Garden-7,000 (RG-7,000), Residential Garden-4,000 (RG-4,000), Mission
Residential District-4,000 (MRD-4000), Multiple-Family (RM), Very
High Density (VHD), Mobilehome Park (MHP) and Planned Residential
Development (PRD) Districts, see Article 5 Supplementary District
Regulations of this chapter.
(Ord. No. 869, § 2; editorially amended during Supp. No. 5; Ord. No. 910, § 3; Ord. No. 939, § 2, 2008; Ord. No. 943, § 3, 2008; Ord. No. 995, § 2, 2012; Ord. No. 1007, § 2, 2014; Ord. No. 1042, § 15, 2017; Ord. No. 1049, §§ 7—11, 2017; Ord. No. 1051 § 4, 2017; Ord. No. 1076, § 6, 2020)
(a)
Purpose
and intent. The following five commercial districts have been established
for the following purpose and intent:
(1)
Town Center (TC) District. The purpose and intent of the Town Center
(TOC) District is to provide for retail and service uses within the
City’s downtown area which would serve tourists and local residents.
The TC District is intended to serve as the cultural, shopping, entertainment
and civic core of San Juan Capistrano. The development standards applied
to development projects in the TC District are intended to reflect
the Spanish heritage and semi-rural character of the community and
be compatible with the historic significance of the downtown.
(2)
Town Center Edge (TCE) District. The purpose and intent of the Town
Center Edge (TCE) District is to provide a broader mix of retail and
service uses between the City’s downtown area and Interstate
5 (I-5). The development standards applied to the TCE District are
intended to reflect the Spanish heritage and semirural character of
the community.
(3)
Neighborhood Commercial (NC) District. The purpose and intent of
the Neighborhood Commercial (NC) District is to provide for small-scale,
convenience retail shopping facilities at the neighborhood level located
in accordance with the General Plan and encourage the compatible integration
of small-scale, shopping centers into the neighborhood area which
it serves.
(4)
General Commercial (GC) District. The purpose and intent of the General
Commercial (GC) District is to provide for a variety of commercial
land uses than those permitted in the Town Center (TC) District, Town
Center Edge (TCE) District, and Neighborhood Commercial (NC) District
in order to accommodate most of the retail and service needs of the
residents of the City.
(5)
Office Commercial (OC) District. The purpose and intent of the Office
Commercial (OC) District is to provide for the development of office
centers and accessory retailing and service uses to permitted office
uses and provide for the small-scale development of office complexes
and individual buildings which can be located so as to be compatible
with adjacent properties.
(b)
Uses
regulations.
(1)
Table 3-4 identifies the uses permitted in the Town Center (TC),
Town Center Edge (TCE), Neighborhood Commercial (NC), General Commercial
(GC), and Office Commercial (OC)Districts.
(3)
The “notes and exceptions” column of Table 3-4 indicates
more precisely the use regulations for specific uses or operating
characteristics. The notes and exceptions must be reviewed in conjunction
with the other information for the class of use.
(4)
Certain permitted uses and conditionally permitted uses may be subject
to special conditions regarding location, operation, or the design
of the use. The sections of this title governing these uses are identified
in the “notes and exceptions” column of Table 3-4.
|
Table 3-4
Business and Commercial Districts (please refer to end of table
for notes)
| ||||||
|---|---|---|---|---|---|---|
|
Use
|
TC
|
TCE
|
NC
|
GC
|
OC
|
Notes and Comments
|
|
Alcoholic beverage retail sales
|
C
|
C
|
C
|
C
|
—
|
Sale for off-premises consumption not involving uses where off-premises
consumption is permitted by right, such as brewpubs, microbreweries,
distilleries, wineries, and wine tasting rooms.
|
|
Ambulance services
|
—
|
—
|
—
|
C
|
—
|
|
|
Assembly (industrial products)
|
—
|
P
|
—
|
—
|
—
|
Small scale electronics and small appliance assembly.
|
|
Automated teller machines
|
A
|
A
|
A
|
A
|
A
|
|
|
Banquet/assembly
|
C
|
C
|
—
|
—
|
—
|
Includes conference facilities.
|
|
Bed and breakfasts
|
P
|
P
|
C
|
C
|
C
|
NC, GC, AND OC - Subject to Section 9-3.509 Bed and Breakfasts.
|
|
Bookbinding
|
—
|
—
|
—
|
C
|
—
|
|
|
Brewpubs, microbreweries, distilleries, wineries, and wine tasting
rooms
|
P
|
P
|
P
|
P
|
—
|
|
|
Broadcasting/motion picture studio
|
—
|
P
|
—
|
—
|
—
|
|
|
Car washes (automatic)
|
—
|
—
|
—
|
C
|
—
|
Permitted only in conjunction with fuel dispensing stations in compliance with Section 9-3.541 Service and Fuel Dispensing Stations.
|
|
Caretaker residences (permanent)
|
—
|
—
|
—
|
A
|
—
|
Subject to Section 9-3.511 Caretaker Residences.
|
|
Caretaker residences (temporary)
|
A
|
—
|
A
|
A
|
A
|
Subject to Section 9-3.553 Temporary Uses and Structures.
|
|
Cemeteries
|
—
|
—
|
C
|
C
|
C
|
|
|
Child day care centers
|
—
|
P
|
C
|
C
|
—
|
|
|
Church, religious, or fraternal
|
—
|
—
|
C
|
C
|
C
|
Includes synagogues, temples, mosques, and other buildings used
for the purposes herein but excludes day care centers, and private
and/or secondary educational facilities.
|
|
Clubs and lodges (private)
|
C
|
P
|
—
|
P
|
—
|
|
|
Convenience services
|
P
|
P
|
P
|
P
|
—
|
Such as dry cleaners, laundromats, barber shops, beauty shops,
manicure shops, mail services, home appliance repairs, copy centers,
computer repair, bicycle repair, tailor shops, photography studios,
ticket agencies, watch repair, locksmiths, pet grooming, repair of
leather, luggage and shoes, and similar uses.
|
|
Dancing and live entertainment
|
C
|
C
|
—
|
C
|
—
|
|
|
Drive-through facilities
|
—
|
C
|
C
|
C
|
C
|
As defined in Appendix A, contingent upon approval of a Discretionary
Use Permit.
|
|
Eating and drinking establishments
|
P
|
P
|
P
|
P
|
A
|
Eating and drinking with or without alcohol, and restaurant
without drive-through.
|
|
Financial services uses
|
P
|
P
|
P
|
P
|
P
|
a. Includes banks, savings and loan association, and credit
unions.
b. For TC, TCE and GC District - Excludes check cashing facilities.
|
|
Finishing or working of jewelry, leather goods, pottery, and
similar items (small-scale)
|
A
|
A
|
—
|
—
|
—
|
Associated with retail sales.
|
|
Fortunetelling
|
—
|
P
|
—
|
—
|
—
|
|
|
Fruit/agriculture stand(s)
|
P
|
P
|
—
|
—
|
—
|
Temporary Use Permit required in accordance with the provisions of Section 9-3.553.
|
|
Game machines (three [3] or fewer)
|
A
|
A
|
—
|
A
|
—
|
|
|
Game machines centers (three [3])
|
C
|
P
|
—
|
C
|
—
|
|
|
Gasoline or fuel dispensing facilities
|
—
|
—
|
C
|
C
|
—
|
In accordance with the provisions of Section 9-3.541.
|
|
Hospitals
|
—
|
—
|
—
|
C
|
—
|
|
|
Hotels
|
C
|
C
|
C
|
C
|
C
|
In accordance with provisions of Section 9-3.524.
|
|
Massage therapy
|
—
|
—
|
—
|
C
|
C
|
As defined in Section 5-24.02 of this Municipal Code.
|
|
Massage therapy (accessory)
|
P
|
P
|
—
|
A
|
—
|
As defined in Section 5-24.02 of this Municipal Code.
|
|
Medical and dental offices
|
P
|
P
|
P
|
P
|
P
|
NC, GC, and OC - A maximum of three such offices per development.
TC - Does not include outpatient clinics.
All Districts - Includes medical and dental laboratories.
|
|
Medical and dental centers and complexes
|
—
|
—
|
—
|
P
|
P
|
|
|
Mining, oil drilling, and other resource extraction
|
—
|
—
|
C
|
C
|
C
|
Includes necessary incidental buildings and appurtenances.
|
|
Mortuaries
|
—
|
—
|
—
|
C
|
—
|
|
|
Motels
|
—
|
—
|
—
|
C
|
—
|
|
|
News rack
|
P
|
P
|
P
|
P
|
P
|
Located on private property and subject to pedestrian and vehicular
access requirements.
|
|
Office uses (general)
|
P
|
P
|
P
|
P
|
P
|
Includes business, professional, real estate, travel agencies,
publishing, interior design, vehicle leasing and/or rental, and similar
office uses.
|
|
Parking lots (commercial and public)
|
P
|
P
|
A
|
P
|
A
|
|
|
Pet stores
|
—
|
P
|
—
|
P
|
—
|
|
|
Pool halls and billiard centers
|
C
|
P
|
—
|
C
|
—
|
|
|
Public buildings and facilities
|
P
|
P
|
P
|
P
|
P
|
a. Includes museums, libraries, governmental buildings, parks,
public utility offices and exchanges, bus, taxicab, cultural centers,
and railroad stations, and tourist information centers.
b. For TC, NC and OC Districts. Excludes public schools, police
stations, fire stations, and hospitals.
c. For GC District - Includes police stations and fire stations.
|
|
Radio and television towers and installations, radar installations,
microwave relay stations, and cellular towers and installations (commercial)
|
C
|
C
|
C
|
C
|
C
|
Subject to Section 9-3.507 Antennas.
|
|
Recreation and leisure uses (without outdoor facilities)
|
P
|
P
|
—
|
P
|
C
|
Includes bowling lanes, ice and roller skating rinks, skate
parks, athletic/health clubs, and recreation centers.
|
|
Recreational uses (requiring outdoor facilities)
|
—
|
—
|
—
|
C
|
—
|
Includes night lighting for such facilities, such as tennis clubs, in compliance with Sections 9-3.501 Accessory Uses and Structures and 9-3.529 Lighting Standards.
|
|
Recycling facilities
|
—
|
—
|
P
|
P
|
P
|
Subject to Section 9-537 Recycling Facilities. Section 9-537
Recycling Facilities identifies the specific allowed recycling uses.
|
|
Research and development
|
—
|
—
|
—
|
—
|
P
|
Includes research and development of computer software, information
systems, communication systems, transportation, geographic information
systems, multimedia and video technology. Development and construction
of prototypes may be associated with this use.
|
|
Residential dwellings (townhouse or apartment)
|
—
|
—
|
—
|
C
|
C
|
Shall be in conjunction with a commercial establishment or use.
|
|
Retail sales (general)
|
P
|
P
|
P
|
P
|
—
|
a. For TC and TCE Districts - Including sale of apparel, fabric,
dry goods, ornamental plants, flowers, candy, baked goods, hobby supplies,
art and craft supplies, copy center, photo shop, photography supplies,
stationery, newspapers, leather and wood products, magazines, paints,
and similar items which require small-scale retail outlets which are
consistent with a pedestrian shopping environment.
b. For NC District - Retail sales of meats, groceries, baked
goods, pharmaceutical, cosmetics, notions, flowers, jewelry, stationery,
apparel, newspapers, magazines, fabrics, computers, video/audio media
and similar retail sales activities which serve neighborhood residential
areas.
|
|
Retail sales (small scale)
|
P
|
P
|
—
|
P
|
—
|
a. Such as the sale of artwork, ceramics, photography antiques,
curios, gifts, novelties, books, jewelry, leather goods, pottery,
and similar items.
b. For TC District - Includes, but is not limited to, antique
sales; art gallery studio; bakery (can include on-premises baking);
books; clothing/apparel; candy; convenience store/mini-market (up
to 5,000 sq ft floor area); fabric and crafts; flowers; furniture;
furnishing and appliances; jewelry; musical instruments; office supplies
and equipment; pharmacy; equestrian supplies and tack.
c. For TCE District - Includes, but is not limited to, TC District
list above, plus: automotive parts; grocery store (up to 35,000 sq
ft floor area); hardware; home improvement (lumber, garden); nursery/garden
supplies; pet store; plumbing supplies and equipment (including rental);
and warehouse retail.
d. Auto parts installation permitted as accessory to retail
use.
|
|
Retail sales (small-scale accessory)
|
—
|
A
|
—
|
—
|
A
|
a. Includes office cafeterias, delicatessens, snack bars, pharmacies,
newsstands, mail services, and other small-scale accessory retail
uses.
b. May be permitted outdoors as set forth in Section 9-3.549 Storage and Display.
|
|
Retail sales (large scale)
|
—
|
P
|
C
|
P
|
—
|
a. For NC District - Includes groceries, meats, bakery auto
-parts supplies, bicycles, hardware, paint, floor and wall covering
materials, pets, and supporting goods.
b. For GC District - Includes the sales of bicycles, furniture,
home appliances, groceries, meats, musical instruments and supplies,
hardware, paint, sporting goods, cosmetics, pharmaceutical, feed and
grain, nurseries, and floor and wall covering materials.
|
|
Secondhand stores
|
—
|
—
|
—
|
P
|
—
|
Prohibited activities shall be those uses defined as secondhand
dealers, pawnbrokers, and coin-currency dealers by Section 5.18 of
the Municipal Code.
|
|
Schools (business vocational, and professional schools not requiring
outdoor facilities)
|
—
|
—
|
—
|
P
|
P
|
a. Includes secretarial, art dance, drama, and music schools.
b. Excludes swimming schools, preschools, and public and private
primary and secondary schools.
|
|
Storage and display (outside)
|
A
|
A
|
A
|
A
|
—
|
Subject to Section 9-3.549 Storage and Display.
|
|
Taxicab services
|
—
|
—
|
—
|
C
|
—
|
|
|
Theaters (walk-in)
|
P
|
P
|
—
|
P
|
—
|
|
|
Veterinary offices and clinics
|
—
|
P
|
C
|
C
|
C
|
|
(c)
Development
standards. Table 3-5 identifies the development standards for the
Town Center (TC), Town Center Edge (TCE), Neighborhood Commercial
(NC), General Commercial (GC), and Office Commercial (OC) Districts.
|
Table 3-5
Development Standards for Commercial Districts
| |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
|
District
|
Min. Lot Area
|
Min. Street Frontage1
|
One Story
|
Two Story
|
Floor Area Ratio
| ||||||
|
Min. Front Yd2
|
Min. Side Yd.2,3
|
Min Rear Yd.2,4
|
Min. Front Yd.2
|
Min. Side Yd.2,3
|
Min. Rear Yd.2,4
|
1st Flr/Lot Area
|
% 2nd Flr to 1st Flr
|
Bldg Hgt
| |||
|
TC and TCE5
|
See Section 9-3.554
| ||||||||||
|
NC5
|
5 acres
|
150 ft.
|
20 ft.
|
10 ft.
|
20 ft.
|
20 ft.
|
20 ft.
|
20 ft.
|
0.25
|
50%
|
35 ft.
|
|
GC5
|
7,200 sq. ft.
|
60 ft.
|
20 ft.
|
5 ft.
|
20 ft.
|
20 ft.
|
10 ft.
|
25 ft.
|
0.40
|
25%
|
35 ft.
|
|
OC5
|
1 acre
|
60 ft.
|
20 ft.
|
5 ft.
|
20 ft.
|
20 ft.
|
10 ft.
|
20 ft.
|
0.30
|
80%
|
35 ft.
|
|
Notes:
| |||
|---|---|---|---|
|
Min.=Minimum, DU=Dwelling Unit, Yd=Yard, Flr=Floor, Bldg=Building,
and Hgt=Height
| |||
|
1
|
Lots with street frontages below the minimum set forth in this
table may be permitted without the approval of a variance if all of
the following conditions are met:
| ||
|
(a)
|
The lot’s street frontage remains a minimum of 20 feet;
| ||
|
(b)
|
The lot is designed such that the reduced width portion constitutes
an access corridor to the buildable portion, which is set back away
from the street;
| ||
|
(c)
|
The minimum width of the buildable portion of the lot conforms
to the requirements of this table; and
| ||
|
(d)
|
The Planning Commission determines that adequate visitor parking
will be provided on the lot to compensate for the loss of street frontage
parking.
| ||
|
The actual creation of reduced frontage lots shall be subject to normal City approval of required tract or parcel maps. The reduced frontage portion of such lots shall not be included in the computation of lot area (see Section 9-4.315 Irregular and Cul-de-Sac Lots).
| |||
|
2
|
The criteria for measuring setbacks on irregularly-shaped and cul-de-sac lots are set forth in Section 9-4.315 Irregular and Cul-de-Sac Lots.
| ||
|
3
|
Architectural projections may extend into required side yards
no more than 40% of the applicable district requirement, or more than
3 feet whichever is greater.
| ||
|
4
|
On lots with an existing building setback encroachment into
a required rear yard, structural additions having the same said encroachments
shall be permitted without the approval of a variance. However, no
new encroachment in excess of that existing, nor any new encroachment
may be permitted without the approval of a variance (see Section 9-3.353
Nonconforming Uses, Lots, and Structures).
| ||
|
5
|
Design Standards
| ||
|
(a)
|
All development and redevelopment in the Town Center (TC), Town
Center Edge (TCE), Neighborhood Commercial (NC), General Commercial
(GC), and Office Commercial (OC) Districts shall conform to the following
standards:
| ||
|
(1)
|
General. Development shall comply with the design principals
in the General Plan Community Design Element;
| ||
|
(2)
|
Architectural design. Projects shall comply with the applicable
policies of the City’s adopted Architectural Design Guidelines;
| ||
|
(3)
|
Prohibited features. Features which detract from the architectural
design including, but not limited to, paint-on façades, super
graphics, and structures which visually dominate historic sites or
buildings shall be prohibited.
| ||
|
(b)
|
The following requirement shall also apply in the Neighborhood
Commercial (CN) District:
| ||
|
(1)
|
Scale. Neighborhood centers will be scaled to serve the residential
neighborhoods which adjoin and would be served by them. Buildings
shall be arranged in pedestrian-oriented, clusters of shops as opposed
to arranged in a single linear structure.
| ||
|
(c)
|
See Section 9-3.554 for specific development requirements for the Town Center (TC) and Town Center Edge (TCE) Districts.
| ||
(d)
Projects
proposed within the Residential/Agriculture (RA), Hillside Residential
(HR), Single-Family-40,000 (RSE-40,000) Single-Family-20,000 (RSE-20,000),
Single-Family-10,000 (RS-10,000), Single-Family-7,000 (RS-7,000),
Single-Family-4,000 (RS-4,000), Residential Garden-7,000 (RG-7,000),
Residential Garden-4,000 (RG-4,000), Mission Residential District-4,000
(MRD-4,000), Multiple-Family (RM), Affordable Family/Senior Housing
(AF/SH), and Mobilehome Park (MHP) Districts shall be subject to applicable
review procedures as set forth in Article 3, Development Review Procedures,
of Chapter 2 of this title.
(e)
For
sign, parking, fence, swimming pool, and similar regulations for the
Residential/Agriculture (RA), Hillside Residential (HR), Single-Family-40,000
(RSE-40,000) Single-Family-20,000 (RSE-20,000), SingleFamily-10,000
(RS-10,000), Single-Family-7,000 (RS-7,000), Single-Family-4,000 (RS-4,000),
Residential Garden-7,000 (RG-7,000), Residential Garden-4,000 (RG-4,000),
Mission Residential District-4,000 (MRD-4,000), Multiple-Family (RM),
Affordable Family/Senior Housing (AF/SH), and Mobilehome Park (MHP)
Districts, see Article 5, Supplementary District Regulations, of this
chapter.
(f)
Environmental
overlay standards. Standards related to management of project effects
on sensitive natural resources (i.e., floodplains, ridgelines, etc.)
shall be as set forth in Article 4, Environmental Overlay Districts,
of this chapter.
(Ord. No. 869, § 2; Ord. No. 910, § 3; Ord. No. 971, § 2, 2010; Ord. No. 973, § 2, 2010; Ord. No. 995, § 2.b., 2012; Ord. No. 1076, § 7, 2020; Ord. No. 1082, § 8, 2021)
(a)
Purpose
and intent. The following three (3) districts and one (1) overlay
have been established for the following purpose and intent:
(1)
Commercial Manufacturing (CM) District. The purpose and intent of
the Commercial Manufacturing (CM) District is to provide for a wide
range of commercial uses, primarily of a non-retail nature, wholesaling,
limited manufacturing, and indoor recreational uses.
(2)
Industrial Park (IP) District. The purpose and intent of the Industrial
Park (IP) District is to:
(A)
Provide areas, designated in the General Plan, for the development
of industrial parks;
(B)
Provide for high-quality physical developments within industrial
parks by requiring comprehensive planning and the coordination of
building design and location, landscaping, parking, interior circulation,
and other facilities;
(C)
Allow for certain commercial and service uses within such industrial
parks which uses are related to the permitted industrial uses or which
may serve the employees of the industrial establishments during the
normal workday; and
(D)
Limit the physical effects of the permitted industrial activities,
such as the emission of air contaminants, noise, glare, run-off of
pollutants, and other such effects which could be harmful to life
or other nearby property,
(3)
Agri-Business (A) District. The purpose and intent of the Agri-Business
(A) District is to implement the General Plan provisions for the use
of land for agricultural activities.
(4)
Residential Overlay (RO). The purpose and intent of the Residential
Overlay (RO) is to allow very high density multi-family housing to
coexist with industrial uses within certain portions of the Industrial
Park (IP) and Commercial Manufacturing (CM) Districts. Residential
development within the RO shall adhere to the standards contained
in subsection (h).
(b)
Uses
regulations.
(1)
Table 3-6 identifies the uses permitted in the Commercial Manufacturing
(CM), Industrial Park (IP), and Agri-Business (A) Districts.
(3)
The “notes and exceptions” column of Table 3-6 indicates
more precisely the use regulations for specific uses or operating
characteristics. The notes and exceptions must be reviewed in conjunction
with the other information for the class of use.
(4)
Certain permitted uses and conditionally permitted uses may be subject
to special conditions regarding location, operation, or the design
of the use. The sections of this title governing these uses are identified
in the “notes and exceptions” column of Table 3-6.
|
Table 3-6
Uses in Industrial Districts (please refer to end of table for
notes)
| ||||
|---|---|---|---|---|
|
Use
|
CM
|
IP
|
A
|
Notes and Exceptions
|
|
Accessory uses incidental to the operation of a permitted use
|
A
|
A
|
A
|
Includes cafeterias, snack bars, delicatessens, industrial products
showrooms, conference rooms, business and professional offices, training
classrooms, and caretakers’ residences.
|
|
Adult-oriented business
|
|
P
|
—
|
b. Sale of alcoholic beverages in conjunction with a permitted
adult-oriented business shall be prohibited.
|
|
Ambulance services
|
P
|
—
|
—
|
|
|
Animal grazing, breeding, boarding, raising, and training
|
—
|
P
|
—
|
a. Includes, but is not limited to, cattle, sheep, goats, and
horses.
b. Excludes hog production, commercial livestock feeding ranches,
commercial dairies, commercial horse stables and equestrian centers,
commercial kennels, and the commercial slaughtering, dressing, or
sale of livestock, fowl, or other animals.
|
|
Animal shelters
|
—
|
C
|
—
|
|
|
Apiaries
|
—
|
—
|
P
|
Subject to Section 9-3.510.
|
|
Automobile parts and supply stores and service uses
|
P
|
—
|
—
|
See repair uses and services.
|
|
Automobile service stations
|
C
|
—
|
—
|
|
|
Bed and breakfasts
|
C
|
C
|
C
|
Subject to Section 9-3.509 Bed and Breakfasts.
|
|
Broadcasting studios
|
P
|
P
|
—
|
|
|
Cabarets and nightclubs
|
C
|
—
|
—
|
|
|
Caretaker residence (temporary)
|
A
|
A
|
A
|
Subject to Section 9-3.553 Temporary Uses and Structures.
|
|
Car wash
|
C
|
—
|
—
|
|
|
Cemeteries
|
C
|
C
|
C
|
|
|
Child day care centers
|
C
|
C
|
C
|
|
|
Church, religious, or fraternal
|
C
|
C
|
C
|
Includes synagogues, temples, mosques, and other buildings used
for the purposes herein but excludes day care centers, and private
and/or secondary educational facilities.
|
|
Clubs and lodges (private)
|
P
|
—
|
—
|
|
|
Collection and recycling of paper, glass, and other materials
|
C
|
C
|
C
|
Excludes junkyards and auto salvage.
|
|
Compounding, processing, packaging, and treatment of products
|
P
|
P
|
—
|
a. Includes candy, cosmetics, pharmaceuticals, food, and beverages.
b. Excludes the rendering or refining of fats and oils.
|
|
Dancing and live entertainment
|
C
|
C
|
—
|
|
|
Drive-through facilities
|
C
|
C
|
—
|
As defined in Appendix A, contingent upon approval of a Discretionary
Use Permit.
|
|
Egg production and sales and the production of chickens, poultry,
pigeons, and other fowl, and the production of rabbits
|
—
|
—
|
P
|
Subject to the following requirements:
1. Any poultry, pigeon, rabbit, or other animal-raising building
or enclosure shall be located a minimum of 300 feet from any existing
residential building not on the premises; and
2. The slaughtering or dressing for sale of poultry, pigeons,
or rabbits shall be permitted only if they are produced, raised, or
fattened on the premises.
|
|
Eating and drinking establishments
|
P
|
P
|
—
|
Including brewpubs, microbreweries, distilleries, wineries and
wine tasting rooms.
|
|
Educational and cultural programs
|
—
|
P
|
A
|
Shall be of a temporary nature and prior approval of a special events permit in accordance with Section 9-3.547 Special Activities.
|
|
Employee quarters (detached)
|
—
|
—
|
A
|
Must be of a permanent character placed in permanent locations.
|
|
Farming
|
—
|
—
|
P
|
a. Includes all types of agriculture and horticulture.
b. Excludes farms operated publicly or privately for the disposal
of garbage, sewage, rubbish, or offal.
c. For A – The City may enter into Urban Agriculture Zone (UAIZ) contracts with property owners (see Section 9-3.558 Urban Agricultural Incentive Zone).
|
|
Financial services uses
|
P
|
—
|
—
|
Includes banks, savings and loan associations, and credit unions.
|
|
Fortunetelling
|
P
|
—
|
—
|
|
|
Foundry casting
|
—
|
C
|
—
|
|
|
Game machines (3 or less)
|
A
|
—
|
—
|
3 or less game machines if such machines are accessory to a
permitted principal use in the district.
|
|
Game machines (more than 3)
|
C
|
—
|
—
|
|
|
Home businesses
|
—
|
—
|
A
|
Subject to Section 9-3.523 Home Business.
|
|
Horse stables and equestrian centers (commercial)
|
—
|
—
|
C
|
Subject to Section 9-3.515 Equestrian Standards.
|
|
Hospitals
|
C
|
—
|
—
|
|
|
Hotels
|
C
|
C
|
—
|
In accordance with provisions of Section 9- 3.524
|
|
Kennels (noncommercial)
|
—
|
C
|
A
|
Subject to Section 9-3.525 Kennels.
|
|
Kennels (commercial)
|
—
|
C
|
C
|
Subject to Section 9-3.525 Kennels.
|
|
Manufacturing, assembly, testing, repair, and research on components,
devices, equipment, and systems of an electrical, electronic, or electromechanical
nature
|
P
|
P
|
—
|
Includes, but is not limited to:
1. Semiconductors, and similar components;
2. Computer hardware and software;
3. Metering instruments, equipment, and systems;
4. Audio equipment, and systems;
5. Radar, infrared, laser, and ultraviolet equipment and systems;
6. Scientific and mechanical instruments; and
7. Television and radio equipment and systems.
|
|
Manufacturing and assembly of retail and wholesale items to
a finished product
|
P
|
P
|
—
|
Such items may be made from bone, cellophane, fiber, fur, glass,
latex, ceramics, pottery, lead, leather, metal, paper, plastics, wood,
or yarn.
|
|
Medical and dental offices
|
P
|
—
|
—
|
Medical centers and complexes allowed.
|
|
Mining oil drilling, and other resource extraction
|
C
|
C
|
C
|
Includes necessary incidental buildings and appurtenances.
|
|
Mobilehomes and modular homes on a permanent foundation system
|
—
|
—
|
A
|
Both shall be subject to state regulations governing development
standards.
|
|
Mortuaries
|
C
|
—
|
—
|
|
|
Motels
|
P
|
—
|
—
|
|
|
Motorcycle sales and services
|
P
|
—
|
—
|
|
|
Nonprofit medical clinics
|
C
|
C
|
—
|
|
|
Nurseries, greenhouses, and plant storage (resale and wholesale)
|
P
|
—
|
P
|
Including greenhouses, hydroponic gardens, and similar facilities.
|
|
Offices (general)
|
P
|
—
|
—
|
Includes business, professional, real estate, travel agencies,
and similar office uses.
|
|
Offices (large)
|
P
|
P
|
—
|
Includes offices which do not regularly provide services or
conduct business with the general public, such as corporate offices.
|
|
Packing plants for whole agricultural products
|
—
|
—
|
C
|
Excludes food processing.
|
|
Parking lots (commercial and public)
|
P
|
P
|
—
|
|
|
Pottery and ceramics manufacture
|
C
|
—
|
—
|
|
|
Produce stands (temporary)
|
—
|
—
|
A
|
a. To be used for the sales of agricultural products produced
on the premises.
b. Subject to the following:
1. Such stands shall not be located closer than 20 feet from
any street right-of-way;
2. Such stands shall be of wood frame type construction; and
3. The accessory signs used to identify the use shall be located on or adjacent to such stands as set forth in Section 9-3.543 Signs.
|
|
Public buildings and facilities
|
P
|
P
|
—
|
a. For CAI District - Includes public utilities offices and
exchanges, museums, libraries, governmental buildings, parks, bus,
taxicab, and railroad stations, tourist information centers, including
police and fire stations, but excludes schools and hospitals.
b. For IP District - Excludes public schools, police stations,
fire stations, and hospitals.
|
|
Publishing and bookbinding
|
P
|
P
|
—
|
|
|
Radio and television towers and installations, radar installations,
|
C
|
C
|
C
|
Subject to Section 9-3.507 Antennas.
|
|
microwave relay stations, and cellular towers and installations
(commercial)
|
|
|
|
|
|
Recreational uses (requiring outdoor facilities)
|
C
|
—
|
—
|
a. Such as tennis clubs, provided the requirements of Sections 9-3.501 Accessory Uses and Structures and 9-3.529 Lighting Standards are met.
b. Outdoor night lighting for such recreational uses, other than parking lot or security lighting, shall not be permitted unless included within the conditional use permit approval. All night lighting, for any purpose, shall conform to the requirements of Section 9-3.529 Lighting Standards.
|
|
Recreation and leisure uses (not requiring outdoor facilities)
|
C
|
—
|
—
|
Includes uses such as game machine arcades, pool and billiard
centers, bowling lanes, ice and roller skating rinks, theaters (excluding
drive-ins), athletic clubs, and health clubs.
|
|
Recreational vehicle and automobile storage
|
C
|
—
|
—
|
|
|
Recycling facilities
|
P
|
P
|
P
| |
|
Repair uses and activities
|
P
|
P
|
—
|
Includes vehicle repairs and boat maintenance repairs, muffler,
brakes, and transmission repairs. All such activities must take place
within a building and no related outside storage is allowed.
|
|
Research and development
|
P
|
P
|
—
|
Includes research and development of computer software, information
systems, communication systems, transportation, geographic information
systems, multimedia and video technology. Development and construction
of prototypes may be associated with this use.
|
|
Residential dwelling (single-family)
|
—
|
—
|
A
|
One principal residential dwelling per lot as an accessory use
to a principal use.
|
|
Retail sales of carpeting, furniture, and home appliances
|
C
|
—
|
—
|
a. The premises in question shall meet all the parking requirements set forth in Section 9-3.535 Parking for such retail sales.
b. No displays of merchandise shall be visible from Interstate
5.
|
|
Schools (business, vocational, and professional schools requiring
outdoor facilities)
|
P
|
—
|
—
|
a. Includes secretarial, art, dance, drama, and music schools.
b. Excludes swimming schools, preschools, and public and private
primary and secondary schools.
|
|
Secondhand stores
|
C
|
—
|
—
|
|
|
Service uses
|
P
|
C
|
—
|
a. Includes pest control services, linen and diaper supply,
catering services, printing and reproduction shops, computer and data
processing centers, plumbing services, and electrical services.
b. Services shall not require extensive on-site customer access.
|
|
Storage and display (outside)
|
P
|
A
|
—
|
Subject to Section 9-3.549 Storage and Display.
|
|
Topsoil or fill dirt (processing and/or sales of)
|
—
|
—
|
C
|
|
|
Upholstering shops
|
P
|
P
|
—
|
All such activities must take place within a building and no
related outside storage is allowed.
|
|
Vehicle sales, rental, and leasing uses
|
P
|
C
|
—
|
Including automobiles, trucks, recreation vehicles, boats, and
personal water craft.
|
|
Vehicle storage
|
C
|
C
|
—
|
Excludes junk yards or automobile salvage.
|
|
Veterinary offices and clinics
|
C
|
C
|
—
|
|
|
Warehousing, storage, and transfer uses
|
P
|
P
|
—
|
Such as cold storage plants, trucking firms, and beverage distributors,
provided such uses have less than 50,000 square feet of floor area.
|
|
Warehousing, storage, and transfer uses
|
C
|
C
|
—
|
Such as cold storage plants, trucking firms, and beverage distributors,
containing 50,000 square feet of floor area or more.
|
|
Wholesaling of products
|
P
|
P
|
—
|
Such as electrical supplies, plumbing supplies, hospital and
sickroom supplies, plate glass, and mirrors.
|
|
Yard storage for construction materials
|
—
|
C
|
—
|
|
(c)
Development
standards. Table 3-7 identifies the development standards for the
Commercial Manufacturing (CM), Industrial Park (IP), and Agri-Business
(A) Districts.
|
Table 3-7
Development Standards for Industrial Districts
| |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
|
District
|
Min. Lot Area
|
Min. Street Frontage1
|
One Story
|
Two Story
|
Floor Area Ratio
| ||||||
|
Min. Front Yd2
|
Min. Side Yd.2,3
|
Min Rear Yd.2,4
|
Min. Front Yd.2
|
Min. Side Yd.2,3
|
Min. Rear Yd.2,4
|
1st Flr/Lot Area
|
% 2nd Flr to 1st Flr
|
Bldg Hgt
| |||
|
CM
|
7,200 sq. ft.
|
60 ft.
|
20 ft.
|
5 ft.
|
25 ft.
|
0 ft.
|
0 ft.
|
5 ft.
|
0.30
|
75%
|
5 ft.
|
|
IP
|
15,000 acres
|
100 ft.
|
20 ft.
|
10 ft.
|
0 ft.
|
0 ft.
|
0 ft.
|
0 ft.
|
0.30
|
75%
|
5 ft.
|
|
A
|
10.0 acres
|
200 ft.
|
150 ft.
|
20 ft.
|
0 ft.
|
50 ft.
|
0 ft.
|
0 ft.
|
0.10
|
5%
|
5 ft.
|
|
Notes:
| |||
|---|---|---|---|
|
Min.=Minimum, DU=Dwelling Unit, Yd=Yard, Flr=Floor, Bldg=Building,
and Hgt=Height
| |||
|
1
|
Lots with street frontages below the minimum set forth in this
table may be permitted without the approval of a variance if all of
the following conditions are met:
| ||
|
(a)
|
The lot’s street frontage remains a minimum of 20 feet;
| ||
|
(b)
|
The lot is designed such that the reduced width portion constitutes
an access corridor to the buildable portion, which is set back away
from the street;
| ||
|
(c)
|
The minimum width of the buildable portion of the lot conforms
to the requirements of this table; and
| ||
|
(d)
|
The Planning Commission determines that adequate visitor parking
will be provided on the lot to compensate for the loss of street frontage
parking.
| ||
|
The actual creation of reduced frontage lots shall be subject to normal City approval of required tract or parcel maps. The reduced frontage portion of such lots shall not be included in the computation of lot area (see Section 9-4.315 Irregular and Cul-de-Sac Lots).
| |||
|
2
|
The criteria for measuring setbacks on irregularly-shaped and cul-de-sac lots are set forth in Section 9-4.315 Irregular and Cul-de-Sac Lots.
| ||
|
3
|
Architectural projections may extend into required side yards
no more than 40% of the applicable district requirement, or more than
3 feet whichever is greater.
| ||
|
4
|
On lots with an existing building setback encroachment into a required rear yard, structural additions having the same said encroachments shall be permitted without the approval of a variance. However, no new encroachment in excess of that existing, nor any new encroachment may be permitted without the approval of a variance (see Section 9-3.533 Nonconforming Uses, Lots, and Structures).
| ||
(d)
Operational
standards. The following operational standards shall apply in the
Commercial Manufacturing (CM) and Industrial Park (IP) Districts;
(1)
The following effects shall not be permitted to emanate beyond the
boundaries of the premises upon which such use is located:
(A)
Objectionable noise, per Section 9-3.531 Noise Standards and the generation of heat or cold, direct or reflected glare, or odors or vibrations detectable by the human senses without the aid of instruments;
(B)
Air contaminants not in compliance with adopted standards or adopted
by the South Coast Air Quality Management District, including, but
not limited to, smoke, charred paper, dust, soot, carbon, noxious
acids and oxides, fumes, gases, odors, particulate matter, or any
combination thereof which endangers human health or causes damages
to vegetation or property;
(C)
Radioactivity and electric or electromagnetic disturbances which
unduly interfere with the normal operation of equipment, instruments,
or appliances on adjacent properties;
(D)
Any other emission or radiation which endangers human health, results
in damages to vegetation or property, causes soiling, or which exceeds
national health service standards; and
(E)
Any run-off of pollutants that is in non-compliance with NPDES permits.
(2)
The standards prescribed by the South Coast Air Quality Management
District and the County and State Departments of Public Health, or
the equivalent departments, shall be taken into account in the administration
of the operational standards set forth in this subsection.
(3)
The Building Official shall be responsible for determining whether
any premises fails to meet the operational standards set forth in
this subsection.
(e)
Development
review. Projects proposed within the Commercial Manufacturing (CM),
Industrial Park (IP), and Agri-Business (A) Districts shall be subject
to applicable review procedures as set forth in Article 3 Development
Review Procedures of Chapter 2 of this title.
(f)
Supplementary
district and temporary use regulations. For sign, parking, fence,
swimming pool, and similar regulations for the Commercial Manufacturing
(CM), Industrial Park (IP), and Agri-Business (A) Districts, see Article
5 Supplemental District Regulations of this chapter.
(g)
Environmental
overlay standards. Standards related to management of project effects
on sensitive natural resources (i.e., floodplains, ridgelines, etc.)
shall be as set forth in Article 4 Environmental Overlay Districts
of this chapter.
(h)
Residential
Overlay (RO) Standards.
(1)
Uses and development standards.
(A)
Properties within the RO are permitted to operate existing industrial uses, expand existing industrial uses and develop new industrial uses in accordance with the applicable Commercial Manufacturing and Industrial Park zoning standards identified in Section 9-3.305 (Industrial Districts).
(B)
Properties within the RO are permitted to be redeveloped with multi-family housing that is consistent with the Very High Density residential zoning standards identified in Section 9-3.301 (Residential Districts).
(C)
If a property in the RO is converted from an industrial use to a
residential use, no portion of the property may be used for industrial
uses.
(2)
Development review. New residential development within the RO shall
be subject to the applicable review procedures as set forth in Article
3 (Development Review Procedures) of Chapter 2 of this title.
(A)
Prior to approval of any project an Environmental Impact Report (EIR)
will be prepared, assessing the specific project description in accordance
with the California Environmental Quality Act (CEQA). To support a
CEQA determination the following studies, and potential implementation
of on- and off-site improvements in response to the studies, may need
to be completed: View Simulations, Air Quality Analysis, Traffic Impact
Analysis, Cultural Resource Assessment, VMT Analysis, Geotechnical
Report, Parking Analysis, Hydrology & Water Quality Master Plan,
Biological Resource Analysis, Greenhouse Gas Assessment, Noise Assessment,
and Phase 1 Environmental Site Assessment.
(3)
Supplementary district and temporary use regulations. The supplementary
district and temporary use regulations of Article 5 (Supplemental
District Regulations) of this chapter shall apply to any residential
development within the RO.
(4)
Environmental overlay standards. Properties in the RO shall be subject
to any applicable standards of any environmental overlay districts
that traverse the RO as set forth in Article 4 (Environmental Overlay
Districts) of this chapter.
(Ord. No. 869, § 2; Ord. No. 971, § 3, 2010; Ord. No. 973, § 3, 2010; Ord. No. 995, § 2.b., 2012; Ord. No. 1019, § 3, 2015; Ord. No. 1051 § 5, 2017; Ord. No. 1076, § 8, 2020; Ord. No. 1112, § 4, 2023)
(a)
Purpose
and intent. (The purpose and intent of the Public and Institutional
(P&I) District is to:
(1)
Accommodate the wide range of major public and quasi-public institutional
and auxiliary uses established in response to the health, safety,
educational, and cultural needs of the City; and
(2)
Encourage the assembly of specific public, quasi-public, and related
facilities into efficient, functionally compatible, and attractively
designed administrative centers, educational institutions, and similar
complexes, located and maintained in conformance with the General
Plan.
(b)
Uses
regulations.
(1)
Table 3-8 identifies the uses permitted in the Public and Institutional
(P&I) District.
(3)
The “notes and exceptions” column of Table 3-8 indicates
more precisely the use regulations for specific uses or operating
characteristics. The notes and exceptions must be reviewed in conjunction
with the other information for the class of use.
(4)
Certain permitted uses and conditionally permitted uses may be subject
to special conditions regarding location, operation, or the design
of the use. The sections of this title governing these uses are identified
in the “notes and exceptions” column of Table 3-8.
|
Table 3-8
Uses in Public and Institutional (P&I) District (please
refer to end of table for notes)
| ||
|---|---|---|
|
Use
|
P&I
|
Notes and Exceptions
|
|
Bed and breakfasts
|
C
|
Subject to Section 9-3.509 Bed and Breakfasts.
|
|
Bingo parlors
|
P
| |
|
Caretaker residences (temporary and permanent)
|
A
| |
|
Cemeteries
|
C
|
|
|
Church, religious, or fraternal
|
C
|
Includes synagogues, temples, mosques, and other buildings used
for the purposes herein but excludes day care centers, and private
and/or secondary educational facilities.
|
|
Clubs and lodges (private, nonprofit)
|
C
|
|
|
Cultural and exhibition centers (public and private)
|
P
|
Includes auditoriums, theaters, and convention halls.
|
|
Educational uses (private)
|
C
|
Includes colleges, universities, elementary and high schools,
business, vocational, and professional schools including art, barber,
beauty, dance, drama, music, and swimming schools, child day care
centers, preschools, and nursery schools.
|
|
Health-related institutional uses
|
C
|
Includes assisted care facilities, convalescent and nursing
homes, homes for the aged, children’s hones, sanitariums, and
hospitals.
|
|
Mining, oil drilling, and other resource extraction
|
C
|
Includes necessary incidental buildings and appurtenances.
|
|
Mortuaries
|
C
|
|
|
Public buildings and facilities
|
P
|
Includes museums, libraries, government buildings, parks, public
utility offices and exchanges, bus, taxicab, and railroad stations,
police stations, and fire stations.
|
|
Radio and television towers and installations, radar installations,
microwave relay stations, and cellular towers and installations (commercial)
|
C
|
Subject to Section 9-3.507 Antennas.
|
|
Recreational facilities (public and private)
|
A
|
a. Facilities shall be incidental to a permitted principal or comparable mobilehome park and must conform to the requirements of Sections 9-3.501 Accessory Uses and Structures and 9-3.529 Lighting Standards. b. The outdoor night lighting of such recreational uses shall not be permitted unless a conditional use permit is approved by the City.
|
|
Recycling facilities
|
P
| |
|
Retail and service uses
|
A
|
a. Shall be incidental to and integrated with a permitted principal
use subject to not more than 20% of total building area. b. Includes
and is generally limited to: 1. Banks, savings and loan institutions,
and credit unions; 2. Barber and beauty shops; 3. Book stores; 4.
Concession stands, such as news and shoeshine; 5. Drugstores; 6. Florists;
7. Gift and souvenir shops; 8. Offices of nonprofit and civic organizations;
and 9. Restaurants and other eating establishments, except drive-in
and drive-thru types.
|
|
Supportive housing
|
P
|
Includes supportive housing, transitional housing, emergency shelters, and homeless shelters. Subject to Section 9-3.550 Supportive Housing.
|
(c)
Development
standards. Table 3-9 identifies the development standards for the
Public and Institutional (P&I) District.
|
Table 3-9
Development Standards for the Public and Institutional (P&I)
District
| |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
|
District
|
Min. Lot Area
|
Min. Street Frontage1
|
One Story
|
Two Story
|
Floor Area Ratio
| ||||||
|
Min. Front Yd2
|
Min. Side Yd.2,3
|
Min Rear Yd.2,4
|
Min. Front Yd.2
|
Min. Side Yd.2,3
|
Min. Rear Yd.2,4
|
1st Flr/Lot Area
|
% 2nd Flr to 1st Flr
|
Bldg Hgt
| |||
|
P&I
|
7,200 sq. ft.
|
60 ft.
|
20 ft.
|
5 ft.
|
20 ft.
|
20 ft.
|
10 ft.
|
20 ft.
|
0.40
|
80%
|
35 ft.
|
|
Notes:
| |||
|---|---|---|---|
|
Min.=Minimum, DU=Dwelling Unit, Yd=Yard, Flr=Floor, Bldg=Building,
and Hgt=Height
| |||
|
1
|
Lots with street frontages below the minimum set forth in this
table may be permitted without the approval of a variance if all of
the following conditions are met:
| ||
|
(a)
|
The lot’s street frontage remains a minimum of 20 feet;
| ||
|
(b)
|
The lot is designed such that the reduced width portion constitutes
an access corridor to the buildable portion, which is set back away
from the street;
| ||
|
(c)
|
The minimum width of the buildable portion of the lot conforms
to the requirements of this table; and
| ||
|
(d)
|
The Planning Commission determines that adequate visitor parking
will be provided on the lot to compensate for the loss of street frontage
parking.
| ||
|
The actual creation of reduced frontage lots shall be subject to normal City approval of required tract or parcel maps. The reduced frontage portion of such lots shall not be included in the computation of lot area (see Section 9-4.315 Irregular and Cul-de-Sac Lots).
| |||
|
2
|
The criteria for measuring setbacks on irregularly-shaped and cul-de-sac lots are set forth in Section 9-4.315 Irregular and Cul-de-Sac Lots.
| ||
|
3
|
Architectural projections may extend into required side yards
no more than 40% of the applicable district requirement, or more than
3 feet whichever is greater.
| ||
|
4
|
On lots with an existing building setback encroachment into a required rear yard, structural additions having the same said encroachments shall be permitted without the approval of a variance. However, no new encroachment in excess of that existing, nor any new encroachment may be permitted without the approval of a variance (see Section 9-3.533 Nonconforming Uses, Lots, and Structures).
| ||
|
5
|
The Planning Commission may approve architectural projections
(spires, towers, and the like) to exceed the maximum height limitations
during the consideration of specific development plans. The consideration
of allowing the architectural projection shall require the Planning
Commission to review the development plans to insure that the following
design objectives are present:
| ||
|
(a)
|
The architectural projection is consistent with the proposed
design theme.
| ||
|
(b)
|
The architectural projection is in scale with the mass of the
building.
| ||
|
(c)
|
The architectural projection is consistent with the historical
treatment of such elements and the proposed use of the building.
| ||
|
(d)
|
The square footage area of the architectural projection does
not encompass more than one percent of the total building area.
| ||
|
(e)
|
The architectural projection does not have a sign or other attracting
device installed on its face.
| ||
|
(f)
|
The architectural projection does not include habitable square
footage.
| ||
(d)
Development
review.
Projects proposed within the Public and Institutional (P&I)
District shall be subject to applicable review procedures as set forth
in Article 3 Development Review Procedures of Chapter 2 of this title.
(e)
Supplementary
district and temporary use regulations. For sign, parking, fence,
swimming pool, and similar regulations for the Public and Institutional
(P&I) District, see Article 5 Supplemental District Regulations
of this chapter.
(f)
Environmental
overlay standards. Standards related to management of project effects
on sensitive natural resources (i.e., floodplains, ridgelines, etc.)
shall be as set forth in Article 4 Environmental Overlay Districts
of this chapter.
(§ 2. Ord. 869; Ord. No. 994, § 1, 5-1-2012; Ord. No. 995, § 2.b., 6-19-2012)
(a)
Purpose
and intent. The following eight open space districts have been established
for the following purpose and intent:
(1)
General Open Space (GOS) District. The purpose and intent of the
General Open Space (GOS) District is to provide for the possible combined
development of several of the uses or the individual development of
one of the uses specifically allowed by the other open space districts
in accordance with the General Plan.
(2)
Open Space Recreation (OSR) District. The purpose and intent of the
Open Space Recreation (OSR) District is to provide for the provision
of outdoor recreational facilities in accordance with the General
Plan.
(3)
Neighborhood Park (NP) District. The purpose and intent of the Neighborhood
Park (NP) District is to provide for well distributed small neighborhood
parks to serve residential areas in the immediate area in accordance
with the General Play.
(4)
Community Park (CP) District. The purpose and intent of the Community
Park (CP) District is to provide for major active recreation sites
in accordance with the General Plan.
(5)
Specialty Park (SP) District. The purpose and intent of the Specialty
Park (SP) District is to provide for unique or specialized forms of
recreational activities in accordance with the General Plan.
(6)
Regional Park (RP) District. The purpose and intent of the Regional
Park (RP) District is to provide for the future use of the Prima Deshecha
landfill as phases are closed and available for active and passive
recreational development in accordance with the General Plan.
(7)
Natural Open Space (NOS) District. The purpose and intent of the
Natural Open Space (NOS) District is to provide for natural open space
land that separates developed areas from one another, preserves natural
features like creeks, ridgelines, or hillsides, or includes natural
hazards like landslides in accordance with the General Plan.
(8)
Recreation Commercial (RC) District. The purpose and intent of the
Recreation Commercial (RC) District is to provide for indoor and outdoor
recreational activities in accordance with the General Plan.
(b)
Uses
regulations.
(1)
Table 3-10 identifies the uses permitted in the General Open Space
(GOS), Open Space Recreation (OSR), Neighborhood Park (NP), Community
Park (CP), Specialty Park (SP), Regional Park (RP), Natural Open Space
(NOS), and Recreation Commercial (RC) Districts.
(3)
The “notes and exceptions” column of Table 3-10 indicates
more precisely the use regulations for specific uses or operating
characteristics. The notes and exceptions must be reviewed in conjunction
with the other information for the class of use.
(4)
Certain permitted uses and conditionally permitted uses may be subject
to special conditions regarding location, operation, or the design
of the use. The sections of this title governing these uses are identified
in the “notes and exceptions” column of Table 3-10.
|
Table 3-10
Uses in Open Space Districts (please refer to end of table for
notes)
| |||||||||
|---|---|---|---|---|---|---|---|---|---|
|
Use
|
GOS
|
OSR
|
NP
|
CP
|
SP
|
RP
|
NOS
|
RC
|
Notes and Exceptions
|
|
Accessory uses and structures incidental to the operation of
a permitted use1
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
|
|
Archery range
|
C
|
C
|
—
|
—
|
—
|
C
|
—
|
C
|
|
|
Bed and breakfasts
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
Subject to Section 9-3.509 Bed and Breakfasts
|
|
Beer, wine, and liquor licenses, on sale, for alcohol consumed
on premises
|
—
|
C
|
—
|
—
|
—
|
—
|
—
|
C
|
|
|
Camping facilities
|
—
|
P
|
—
|
—
|
—
|
P
|
—
|
—
|
|
|
Caretaker residences (temporary and permanent)
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
| |
|
Cemeteries
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
|
|
Church, religious, or fraternal
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
Includes synagogues, temples, mosques, and other buildings used
for the purposes herein but excludes day care centers, and private
and/or secondary educational facilities.
|
|
Concession stands
|
A
|
A
|
—
|
A
|
A
|
A
|
—
|
A
|
|
|
Dancing and live entertainment
|
C
|
C
|
—
|
—
|
—
|
—
|
—
|
C
|
|
|
Driving ranges
|
C
|
C
|
—
|
—
|
—
|
C
|
—
|
C
|
|
|
Eating and drinking establishments
|
—
|
A
|
—
|
—
|
—
|
—
|
—
|
A
|
a. Drive-thru not allowed.
b. Must be incidental to and integrated with a principal use
and a conditional use permit is approved by the Planning Commission
if alcohol is to be consumed on the premises or if there is to be
dancing or live entertainment.
|
|
Equestrian facilities (commercial and noncommercial)
|
C
|
C
|
—
|
—
|
—
|
C
|
—
|
C
|
Subject to Section 3.515 Equestrian Standards.
|
|
Farming (crop and tree)
|
P
|
—
|
—
|
—
|
—
|
P
|
P
|
—
|
For GOS – The City may enter into Urban Agriculture Zone (UAIZ) contracts with property owners (see Section 9-3.558 Urban Agricultural Incentive Zone).
|
|
Game machines (3 or less)
|
A
|
A
|
—
|
—
|
—
|
—
|
—
|
A
|
Must be accessory to a primary use.
|
|
Game machine center
|
C
|
—
|
—
|
—
|
—
|
—
|
—
|
C
|
|
|
Grazing, animal
|
P
|
—
|
—
|
—
|
—
|
P
|
P
|
—
|
|
|
Indoor recreational activities
|
P
|
—
|
—
|
—
|
—
|
—
|
—
|
P
|
Includes bowling, cinemas, gymnasiums, and similar activities.
|
|
Golf course (regulation or par 3)
|
C
|
C
|
—
|
—
|
—
|
C
|
—
|
C
|
The outdoor night lighting of golf courses shall not be permitted
unless a conditional use permit is approved by the City.
|
|
Golf course (miniature)
|
C
|
—
|
—
|
—
|
—
|
—
|
—
|
C
|
|
|
Passive recreation facilities
|
—
|
C
|
—
|
—
|
—
|
—
|
—
|
C
|
Includes museums, private clubs and lodges, libraries, and theaters
(except drive-ins)
|
|
Maintenance/support facilities
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
|
|
Mining, oil drilling, and other resource extraction
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
Includes necessary incidental buildings and appurtenances.
|
|
Multi-purpose sports fields and courts (large)
|
P
|
P
|
—
|
P
|
P
|
P
|
—
|
P
|
|
|
Nature study center or similar educational center
|
P
|
—
|
—
|
—
|
P
|
P
|
—
|
—
|
|
|
Outdoor amphitheater
|
P
|
—
|
—
|
—
|
—
|
P
|
—
|
—
|
|
|
Outdoor recreational facilities (public and private)
|
P
|
P
|
—
|
—
|
—
|
—
|
—
|
P
|
a. Includes swimming schools and tennis clubs. b. The outdoor
night lighting of such recreational uses shall not be permitted unless
a conditional use permit is approved by the City.
|
|
Picnic area
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
Pro accessory shop
|
A
|
A
|
—
|
—
|
—
|
A
|
—
|
A
|
Must be incidental to a principal use.
|
|
Public facilities and utilities
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
Radio and television towers and installations, radar installations,
microwave relay stations, and cellular towers and installations (commercial)
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
Subject to Section 9-3.507 Antennas.
|
|
Recycling facilities
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
P
| |
|
Sports arenas and stadiums
|
C
|
—
|
—
|
—
|
—
|
—
|
—
|
C
|
|
|
Sports fields and courts (small)
|
P
|
P
|
P
|
P
|
P
|
P
|
—
|
P
|
|
|
Tot lots
|
P
|
P
|
P
|
P
|
P
|
P
|
—
|
P
|
|
|
P = Principal use permitted by right
| |
|
— = Not permitted
| |
|
A = Accessory use permitted by right (subject to Section 9-3.501 Accessory Uses and Structures)
| |
|
C = Conditional use permit required (subject to Section 9-2.317 Conditional Use Permit)
| |
|
Note:
| |
|
1
|
Including any accessory uses or structures permitted in conjunction
with approval of an applicable tentative map or other entitlement
granted by the City on or before November 15, 2002.
|
(c)
Development
standards. Table 3-11 identifies the development standards for the
General Open Space (GOS), Open Space Recreation (OSR), Neighborhood
Park (NP), Community Park (CP), Specialty Park (SP), Regional Park
(RP), Natural Open Space (NOS), and Recreation Commercial (RC) Districts.
|
Table 3-11
Development Standards for Open Space Districts
| |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
|
District
|
Min. Lot Area
|
Min. Street Frontage1
|
One Story
|
Two Story
|
Floor Area Ratio
| ||||||
|
Min. Front Yd2
|
Min. Side Yd.2,3
|
Min Rear Yd.2,4
|
Min. Front Yd.2
|
Min. Side Yd.2,3
|
Min. Rear Yd.2,4
|
1st Flr/Lot Area
|
% 2nd Flr to 1st Flr
|
Bldg Hgt
| |||
|
GOS
|
10 acre
|
200 ft.
|
150 ft.
|
20 ft.
|
50 ft.
|
150 ft.
|
20 ft.
|
50 ft.
|
0.10
|
75%
|
35 ft.
|
|
OSR
|
1 acre
|
100 ft
|
20 ft.
|
5 ft.
|
25 ft.
|
20 ft.
|
10 ft.
|
25 ft.
|
0.10
|
80%
|
35 ft.
|
|
NP
|
7,200 sq. ft.
|
60 ft.
|
20 ft.
|
5 ft.
|
25 ft.
|
20 ft.
|
5 ft.
|
25 ft.
|
0.10
|
80%
|
25 ft.
|
|
CP
|
5 acres
|
150 ft.
|
30 ft.
|
20 ft.
|
30 ft.
|
30 ft.
|
20 ft.
|
30 ft.
|
0.05
|
80%
|
35 ft.
|
|
SP
|
7,200 sq. ft.
|
60 ft.
|
Subject to development and approval of a Specific Plan and development review per Section 9-2.337 Public Improvement Plans and Outside Agency Development Review.
| ||||||||
|
RP
|
Subject to development and approval of a Specific Plan and development review per Section 9-2.337 Public Improvement Plans and Outside Agency Development Review.
| ||||||||||
|
RC
|
7,200 sq. ft.
|
60 ft.
|
20 ft.
|
5 ft.
|
25 ft.
|
20 ft.
|
10 ft.
|
25 ft.
|
0.40
|
75%
|
35 ft.
|
|
Notes:
| |||
|---|---|---|---|
|
Min.=Minimum, DU=Dwelling Unit, Yd=Yard, Flr=Floor, Bldg=Building,
and Hgt=Height
| |||
|
1
|
Lots with street frontages below the minimum set forth in this
table may be permitted without the approval of a variance if all of
the following conditions are met:
| ||
|
(a)
|
The lot’s street frontage remains a minimum of 20 feet;
| ||
|
(b)
|
The lot is designed such that the reduced width portion constitutes
an access corridor to the buildable portion, which is set back away
from the street;
| ||
|
(c)
|
The minimum width of the buildable portion of the lot conforms
to the requirements of this table; and
| ||
|
(d)
|
The Planning Commission determines that adequate visitor parking
will be provided on the lot to compensate for the loss of street frontage
parking.
| ||
|
The actual creation of reduced frontage lots shall be subject to normal City approval of required tract or parcel maps. The reduced frontage portion of such lots shall not be included in the computation of lot area (see Section 9-4.315 Irregular and Cul-de-Sac Lots).
| |||
|
2
|
The criteria for measuring setbacks on irregularly-shaped and cul-de-sac lots are set forth in Section 9-4.315 Irregular and Cul-de-Sac Lots.
| ||
|
3
|
Architectural projections may extend into required side yards
no more than 40 percent of the applicable district requirement, or
more than 3 feet whichever is greater.
| ||
|
4
|
On lots with an existing building setback encroachment into a required rear yard, structural additions having the same said encroachments shall be permitted without the approval of a variance. However, no new encroachment in excess of that existing, nor any new encroachment may be permitted without the approval of a variance (see Section 9-3.533 Nonconforming Uses, Lots, and Structures).
| ||
(d)
Development
review. Projects proposed within the General Open Space (GOS), Open
Space Recreation (OSR), Neighborhood Park (NP), Community Park (CP),
Specialty Park (SP), Regional Park (RP). Natural Open Space (NOS),
and Recreation Commercial (RC) Districts shall be subject to applicable
review procedures as set forth in Article 3 Development Review Procedures
of Chapter 2 of this title.
(e)
Supplementary
district and temporary use regulations. For sign, parking, fence,
swimming pool, and similar regulations for the General Open Space
(GOS), Open Space Recreation (OSR), Neighborhood Park (NP), Community
Park (CP), Specialty Park (SP), Regional Park (RP), Natural Open Space
(NOS), and Recreation Commercial ORO Districts, see Article 5 Supplemental
District Regulations of this chapter.
(f)
Environmental
overlay standards. Standards related to management of project effects
on sensitive natural resources (i.e., floodplains, ridgelines, etc.)
shall be as set forth in Article 4 Environmental Overlay Districts
of this chapter.
(Ord. No. 869, § 2, Ord. No. 939 § 2, 2008; Ord. No. 995 § 2.b, 2012; Ord. No. 1051 § 6, 2017)
(a)
Purpose
and intent. The purpose and intent of the Farm Market (FM) District
is to:
(1)
Provide retail facilities which are oriented to and supportive of
the agricultural operation of which they are geographically a part;
(2)
Implement the General Plan concept of promoting the long-term viability
of farming operations by providing for the retail sale of farm products;
and
(3)
Encourage the sale of farm-fresh produce in order to enhance the
City’s character as a semi-rural community.
(b)
Uses
permitted.
(1)
Table 3-12 identifies the uses permitted in the Farm Market (FM)
District.
(3)
The “notes and exceptions” column of Table 3-12 indicates
more precisely the use regulations for specific uses or operating
characteristics. The notes and exceptions must be reviewed in conjunction
with the other information for the class of use.
(4)
Certain permitted uses and conditionally permitted uses may be subject
to special conditions regarding location, operation, or the design
of the use. The sections of this title governing these uses are identified
in the “notes and exceptions” column of Table 3-12.
|
Table 3-12
Uses in Farm Market (FM) District (please refer to end of table
for notes)
| ||
|---|---|---|
|
Use
|
FM
|
Notes and Exceptions
|
|
Alcoholic beverage retail sale (including wine tasting)
|
C
|
Sale for off-premises consumption.
|
|
Automated teller machine
|
A
|
|
|
Bed and breakfasts
|
C
|
Subject to Section 9-3.509 Bed and Breakfasts.
|
|
Caretaker residence (permanent and temporary)
|
A
|
Subject to Section 9-511 Caretaker Residences and Section 9-3.553 Temporary Uses and Structures.
|
|
Cemeteries
|
C
|
|
|
Child day care centers
|
C
|
|
|
Church, religious, or fraternal
|
C
|
Includes synagogues, temples, mosques, and other buildings used
for the purposes herein but excludes day care centers, and private
and/or secondary educational facilities.
|
|
Convenience retail and service uses (small-scale)
|
A
|
a. Such uses shall be determined by the Planning Director to
be adjunct and subordinate in scale to a permitted principal or comparable
mobilehome park and be appropriate and compatible in each individual
case.
b. Such uses do not need to be specifically oriented to agriculture.
c. Such uses shall not exceed 40% of the total square footage
of rentable space on the site.
|
|
Delicatessens, snack bars, and ice cream stores
|
A
|
Adequate parking, consistent with Section 9-3.535 Parking shall be provided.
|
|
Dry goods and clothing stores
|
C
|
Shall be related to agriculture and ranching.
|
|
Eating and drinking establishments
|
P
|
|
|
Equestrian and leather equipment sales and repair
|
P
|
|
|
Farm supply and feed stores
|
P
|
|
|
Financial services uses
|
P
|
Includes banks, savings and loan associations, and credit unions.
|
|
Gasoline or fuel dispensing facilities
|
C
|
May have a minimart or food convenience store.
|
|
Laboratories, together with related offices, for agricultural
consultants, pesticide or chemical distributors, or farm service organizations
|
P
|
|
|
Medical and dental offices
|
P
|
A maximum of 3 such offices per development.
|
|
Mining, oil drilling, and other resource extraction
|
C
|
Includes necessary incidental buildings and appurtenances
|
|
Nurseries and garden supply stores (retail and wholesale)
|
P
|
Includes the sale of flowers and plants.
|
|
Office uses (general)
|
P
|
Includes business, professional, real estate, travel agencies,
and similar office uses.
|
|
Outside sales, displays, and storage
|
A
|
Subject to Section 9-3.549 Storage and Display.
|
|
Parking lots (commercial and public)
|
A
|
|
|
Public buildings and facilities
|
P
|
a. Includes museums, libraries, governmental buildings, parks,
public utility offices and exchanges, bus, taxicab, and railroad stations,
and tourist information centers.
b. Excludes public schools, police stations, fire stations,
and hospitals.
|
|
Radio and television towers and installations, radar installations,
microwave relay stations, and cellular towers and installations (commercial)
|
C
|
Subject to Section 9-3.507 Antennas.
|
|
Ranch markets or country stores
|
P
|
a. The main function shall be the sale of fresh farm products.
b. Bakery goods, fresh meats, and other specialty items may
also be incorporated within the ranch market. (Such collateral uses
may have an outside entrance separate from the main entrance to the
ranch market.)
c. Package sales of beer and wine shall be permitted provided
such sales are incidental to the principal retail operation and there
is no consumption on the premises.
|
|
Recreation uses without outdoor facilities
|
P
|
Limited to exercise/fitness studios and other similar uses not
exceeding 3,000 square feet in floor area.
|
|
Recycling facilities
|
P
| |
|
Retail sales (general)
|
P
|
Retail sales of meats, groceries, baked goods, pharmaceutical,
cosmetics, notions, flowers, jewelry, stationary, apparel, newspapers,
magazines, fabrics, computers, video/audio media and similar retail
sales activities which serve neighborhood residential areas.
|
|
Retail (large-scale)
|
C
|
Includes groceries, meats, bakery, auto parts supplies, bicycles,
hardware, paint, floor and wall covering materials, pats, and sporting
goods.
|
|
Retail sale (small-scale) and small-scale finishing or working
of such materials as leather, pottery, jewelry, and similar items
|
A
|
|
|
Schools (business vocational, professional schools not requiring
outdoor facilities)
|
|
a. Includes secretarial, art, dance, drama, and music schools.
b. Excludes swimming schools, preschools, and public and private
primary and secondary schools.
|
|
Services or facilities engaged in the sale, fabrication, or
repair of products related to farming
|
C
|
|
|
Veterinary offices and clinics
|
C
|
|
|
Warehouse and storage facilities
|
P
|
Shall be for farm products.
|
(c)
Development
standards. The development standards for the Farm Market (FM) District
are identified in Table 3-13.
|
Table 3-13
Development Standards for the Farm Market (FM) District
| |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
|
District
|
Min. Lot Area
|
Min. Street Frontage1
|
One Story
|
Two Story
|
Floor Area Ratio
| ||||||
|
Min. Front Yd2
|
Min. Side Yd.2,3
|
Min Rear Yd.2,4
|
Min. Front Yd.2
|
Min. Side Yd.2,3
|
Min. Rear Yd.2,4
|
1st Flr/Lot Area
|
% 2nd Flr to 1st Flr
|
Bldg Hgt
| |||
|
FM
|
1.5 acres
|
250 ft.
|
50 ft.
|
20 ft.
|
20 ft.
|
50 ft.
|
30 ft.
|
50 ft.
|
0.30
|
50%
|
35 ft.
|
|
GOS
|
10 acre
|
200 ft.
|
150 ft.
|
20 ft.
|
50 ft.
|
150 ft.
|
20 ft.
|
50 ft.
|
0.10
|
75%
|
35 ft.
|
|
Notes:
| |||
|---|---|---|---|
|
Min.=Minimum, DU=Dwelling Unit, Yd=Yard, Flr=Floor, Bldg=Building,
and Hgt=Height
| |||
|
1
|
Lots with street frontages below the minimum set forth in this
table may be permitted without the approval of a variance if all of
the following conditions are met:
| ||
|
(a)
|
The lot’s street frontage remains a minimum of 20 feet;
| ||
|
(b)
|
The lot is designed such that the reduced width portion constitutes
an access corridor to the buildable portion, which is set back away
from the street;
| ||
|
(c)
|
The minimum width of the buildable portion of the lot conforms
to the requirements of this table; and
| ||
|
(d)
|
The Planning Commission determines that adequate visitor parking
will be provided on the lot to compensate for the loss of street frontage
parking.
| ||
|
The actual creation of reduced frontage lots shall be subject to normal City approval of required tract or parcel maps. The reduced frontage portion of such lots shall not be included in the computation of lot area (see Section 9-4.315 Irregular and Cul-de-Sac Lots).
| |||
|
2
|
The criteria for measuring setbacks on irregularly-shaped and cul-de-sac lots are set forth in Section 9-4.315 Irregular and Cul-de-Sac Lots.
| ||
|
3
|
Architectural projections may extend into required side yards
no more than 40% of the applicable district requirement, or more than
3 feet whichever is greater.
| ||
|
4
|
On lots with an existing building setback encroachment into a required rear yard, structural additions having the same said encroachments shall be permitted without the approval of a variance. However, no new encroachment in excess of that existing, nor any new encroachment may be permitted without the approval of a variance (see Section 9-3.533 Nonconforming Uses, Lots, and Structures).
| ||
(d)
Development
review. Projects proposed within the Farm Market (FM) District shall
be subject to applicable review procedures as set forth in Article
3 Development Review Procedures of Chapter 2 of this title.
(e)
Supplementary
district and temporary use regulations. The supplementary district
and temporary use regulations of Article 5 Supplemental District Regulations
of this chapter shall apply to the Farm Market (FM) District, except
when inconsistent with the following provisions, in which event the
following standards shall prevail:
(1)
Rural environment. Developments in the Farm Market (FM) District
shall incorporate low profile buildings and a rustic atmosphere to
enhance the rural environment of the community.
(2)
Theme. Development within the Farm Market (FM) District shall establish
an early California or western theme. The building architecture, the
character of the parking areas, and the style of landscaping shall
be consistent with such theme.
(4)
Signs.
(f)
Environmental
overlay standards. Standards related management of project effects
on sensitive natural resources (i.e., floodplains, ridgelines, etc.)
shall be as set forth in Article 4 Environmental Overlay Districts
of this chapter.
(Ord. No. 869, § 2; Ord. No. 995, § 2, 2012; Ord. No. 1085, § 4, 2021)
(a)
Purpose
and intent. The purpose and intent of the Solid Waste Facility (SWF)
District is to regulate the development and operation of solid waste
landfills in such a manner as to assure consistency with the General
Plan, in particular the Land Use Element and applicable policies.
The City will seek to assure that landfills operations are conducted
in such a manner that they will not result in significant impacts
to the City its residents and businesses and that future redevelopment
of landfill sites will result in publicly-beneficial open space and
recreation uses.
(b)
Uses
permitted.
(1)
Table 3-14 identifies the uses permitted in the Solid Waste Facility
(SWF) District.
(3)
The “notes and exceptions” column of Table 3-14 indicates
more precisely the use regulations for specific uses or operating
characteristics. The notes and exceptions must be reviewed in conjunction
with the other information for the class of use.
(4)
Certain permitted uses and conditionally permitted uses may be subject
to special conditions regarding location, operation, or the design
of the use. The sections of this title governing these uses are identified
in the “notes and exceptions” column of Table 3-14.
|
Table 3-14
Uses in Solid Waste Facility (SWF) District
| ||
|---|---|---|
|
Use
|
SWF
|
Notes and Exceptions
|
|
Borrow sites
|
C
|
|
|
Caretakers residence
|
A
| |
|
Cemeteries
|
C
|
|
|
Church, religious, or fraternal
|
C
|
Includes synagogues, temples, mosques, and other buildings used
for the purposes herein but excludes day care centers, and private
and/or secondary educational facilities.
|
|
Composting/greenwaste facility
|
C
|
|
|
Groundwater monitoring wells
|
A
|
|
|
Household hazardous waste facilities
|
C
|
|
|
Landfill administrative offices/buildings
|
A
|
|
|
Landfill gas flare stations
|
C
|
|
|
Landfill gas (LFG) utilization system
|
C
|
|
|
Leachate collection and processing facilities
|
C
|
|
|
Materials recovery facility
|
C
|
|
|
Methane gas monitoring wells
|
A
|
|
|
Mining, oil extraction, and other resource extraction
|
C
|
Includes necessary incidental buildings and appurtenances.
|
|
Parks and park improvements (public and private
|
P
|
Improvements associated with the ultimate use of land for a
Regional Plan requires a CUP.
|
|
Parking and access drives
|
A
|
|
|
Radio and television towers and installations, radar installations,
microwave relay stations, and cellular towers and installations (commercial)
|
C
|
Subject to Section 9-3.507 Antennas.
|
|
Recycling facilities
|
P
| |
|
Scales, water tanks, detention basins
|
A
|
|
|
Solid waste landfills
|
C
|
|
|
Any similar landfill-related uses
|
C
|
|
(c)
Development
requirements. The following requirements shall apply in the Solid
Waste Facility (SWF) District:
(1)
Solid Waste Facilities Permit (SWFP). Landfills shall be subject
to issuance of a valid Solid Waste Facilities Permit (SWFP) issued
by the State of California Integrated Waste Management Board, including
review by the County of Orange Environmental Health Department, South
Coast Air Quality Management District (SCAQMD), and San Diego Regional
Water Quality Control Board (SDRWQCB); or such other agency with appropriate
jurisdiction.
(2)
General Development Plan. Operation of solid waste landfills are
subject to a City-approved General Development Plan which addresses
physical landfill limits (vertical and horizontal), total landfill
capacity, maximum daily landfilling limits, landfill service area
limits, landfill access routes, landfill phasing, reuse plan, and
financing plan/strategy for closure, post-closure maintenance, and
reuse.
(3)
Public ownership. Landfills shall be publicly-owned facilities, but
may be operated, under contract, with private corporations specializing
in solid waste landfill operations.
(d)
Development
standards. The development standards for the Solid Waste Facility
(SWF)District are designated in the Prima Deshecha Canada Landfill
General Development Plan.
(e)
Development
review. Projects proposed within the Solid Waste Facility (SWF) District
shall be subject to applicable review procedures as set forth in Article
3 Development Review Procedures of Chapter 2 of this title.
(f)
Supplementary
district and temporary use regulations. For sign, parking, fence,
swimming pool, and similar regulations for the Solid Waste Facility
(SWF) District, see Article 5 Supplemental District Regulations of
this chapter.
(g)
Environmental
overlay standards. Standards related to management of project effects
on sensitive natural resources (i.e., floodplains, ridgelines, etc.)
shall be as set forth in Article 4 Environmental Review Procedures
of this chapter.
(Ord. No. 869, § 2; Ord. No. 995, § 2, 2012)
(a)
Purpose
and intent. The purpose and intent of the Planned Community (PC) District
is to:
(1)
Encourage the use of modern land planning and design techniques to
create developments integrating a mixture of different types of land
uses;
(2)
Realize the economic, social, and aesthetic advantages of combining
different types of land uses in a coordinated community design, such
developments to be of sufficient size to provide related areas for
various uses, which may include varying housing types; commercial
retail and service activities industrial uses; recreation, school,
and other public facilities and other appropriate land uses. The regulations
for the Planned Community (PC) District are designed to permit the
adoption of a Comprehensive Development Plan (CDP) providing for a
diversity of uses, building relationships, and open spaces within
planned building groups, while insuring compliance with the General
Plan and this Code;
(3)
To insure, by means of land use regulations and specific conditions
of approval, a more efficient use of open space, the separation of
pedestrian and vehicular traffic, increased project amenities and
compatibility with surrounding development;
(4)
To achieve the coordinated planning and orderly development of different
contiguous parcels of land by means of an approved Comprehensive Development
Plan; and
(5)
To provide open space, agricultural, and low density residential
interim use of property until a Comprehensive Development Plan (CDP)
is approved and implemented.
(b)
Permanent
uses permitted. All uses and structures permitted within the City
subject to the approval of a Comprehensive Development Plan and consistent
with the General Plan shall be permitted in the Planned Community
(PC) District.
(c)
Interim
uses permitted.
(1)
Table 3-15 identifies the interim uses permitted in the Planned Community
(PC) District until a Comprehensive Development Plan (CDP) is approved
and implemented.
(3)
The “notes and exceptions” column of Table 3-15 indicates
more precisely the use regulations for specific uses or operating
characteristics. The notes and exceptions must be reviewed in conjunction
with the other information for the class of use.
(4)
Certain permitted uses and conditionally permitted uses may be subject
to special conditions regarding location, operation, or the design
of the use. The sections of this title governing these uses are identified
in the “notes and exceptions” column of Table 3-15.
|
Table 3-15
Interim Uses in the Planned Community (PC) District (please
refer to end of table for notes)
| ||
|---|---|---|
|
Use
|
PC
|
Notes and Exceptions
|
|
Accessory uses incidental to the operation of a permitted use
|
A
|
|
|
Animal grazing, breeding, boarding, raising, and training
|
P
|
a. Includes cattle, sheep, goats, and horses.
b. Excludes hog production, commercial livestock feeding ranches,
commercial dairies, commercial horse stables and equestrian centers,
commercial kennels, and the commercial slaughtering, dressing, or
sale of livestock, fowl, or other animals.
|
|
Apiaries
|
P
|
Subject to Section 9-3.510.
|
|
Bed and breakfasts
|
C
|
Subject to Section 9-3.509 Bed and Breakfasts.
|
|
Caretaker residence (temporary)
|
A
|
Allowed during the construction of a permanent single-family residence on an individual lot in accordance with the provisions of Section 9-3.553 Temporary Uses and Structures.
|
|
Cemeteries
|
C
|
|
|
Church, religious, or fraternal
|
C
|
Includes synagogues, temples, mosques, and other buildings used
for the purposes herein but excludes day care centers, and private
and/or secondary educational facilities.
|
|
Drive-through facilities
|
C
|
As defined in Appendix A, contingent upon approval of a Discretionary
Use Permit.
|
|
Egg production and sales and the production of chickens, poultry,
pigeons, and other fowl, and the production of rabbits
|
P
|
Subject to the following requirements: 1. Any poultry, pigeon,
rabbit, or other animal raising building or enclosure shall be located
a minimum of 300 feet from any existing residential building not on
the premises; and 2. The slaughtering or dressing for sale of poultry,
pigeons or rabbits shall be permitted only if they are produced, raised,
or fattened on the premises.
|
|
Educational and cultural programs
|
A
|
Shall be of a temporary nature and prior approval must be obtained
from the Planning Director.
|
|
Employee quarters (detached)
|
A
|
Must be of a permanent character placed in permanent locations.
|
|
Farming
|
P
|
a. Includes all types of agriculture and horticulture.
b. Excludes farms operated publicly or privately for the disposal
of garbage, sewage, rubbish, or offal.
|
|
Home businesses
|
A
|
Subject to Section 9-3.523 Home Business.
|
|
Horse stables and equestrian centers (commercial)
|
C
|
Subject to Section 9-3.515 Equestrian Standards.
|
|
Kennels (noncommercial)
|
A
|
Subject to Section 9-3.525 Kennels.
|
|
Kennels (commercial)
|
C
|
Subject to Section 9-3.525 Kennels.
|
|
Mining oil drilling, and other resource extraction
|
C
|
Includes necessary incidental buildings and appurtenances.
|
|
Mobilehomes and modular homes on a permanent foundation system
|
A
|
Both shall be subject to the provisions of the development standards
of Section 3-301 Residential Districts.
|
|
Nurseries, greenhouses, and plant storage resale and wholesale)
|
P
|
Including greenhouses, hydroponic gardens, and similar facilities.
|
|
Parks (private)
|
P
|
|
|
Produce stands (temporary)
|
A
|
a. To be used for the sales of agricultural products produced
on the premises. b. Subject to the following:
1. Such stands shall not be located closer than 20 feet from any street right-of-way; 2. Such stands shall be of wood frame type construction; and 3. The accessory signs used to identify the use shall be located on or adjacent to such stands as set forth in Section 9-3.543 Signs.
|
|
Radio and television towers and stations, radar installations,
microwave relay stations, and cellular towers and installations (commercial)
|
C
|
Subject to Section 9-3.507 Antennas.
|
|
Residential dwelling (single-family)
|
A
|
One principal residential dwelling per lot as an accessory use
to a principal use.
|
|
Topsoil or fill dirt (processing and/or sales of)
|
C
|
|
(d)
Development
requirements. The following development requirements shall apply in
the Planned Community (PC) District:
(1)
Procedure for change of district designations to PC. Prior to the acceptance by the City of a district change petition pursuant to the provisions of Section 9-2.315 Change of Zone District, the applicant shall submit a CDP for the area in question. The Planning Director shall prescribe the type and form of information required for the CDP and shall ensure that it is of sufficient detail to allow adequate analysis of the proposed project.
(2)
Adoption of Comprehensive Development Plans.
(A)
Notification of the consideration of the CDP shall be incorporated into the public hearing notice relative to the district change petition required by the provisions of said Section 9-2.315 Change of Zone District.
(B)
The CDP shall be reviewed with the district change petition pursuant to the provisions of said Section 9-2.315 Change of Zone District. Action by the City on the district change petition may be concurrent with, but may not precede, the approval of the CDP. The CDP may be approved, modified, conditionally approved, or denied in part or its entirety. If the CDP is approved, the City Council shall adopt the CDP by ordinance. The adopted ordinance shall specify all the conditions of approval, if any, along with other matters deemed appropriate by the City Council.
(C)
After the adoption of the district change and the CDP, the designation
number for the CDP shall be entered on the Official Zoning Map along
with the PC district designation for the parcel or parcels in question.
The PC district designation, with its CDP designation number, shall
refer only to that specific CDP adopted by the City Council. A summary
of allowable uses and development standards for the adopted CDP will
be included in Appendix B Adopted Comprehensive Development Plans
Summary. No other CDP shall be applied to the PC district, except
as provided for through a CDP amendment.
(3)
Amendment of Comprehensive Development Plans. An adopted CDP may
be amended as follows:
(A)
If the Planning Commission determines that the proposed amendment
is consistent with the overall purpose and general design of the original
adopted CDP, the Planning Commission may approve the amendment by
resolution. The amended CDP shall then become the specific CDP associated
with the PC district designation on the Official Zoning Map.
(B)
If the Planning Commission determines that the proposed amendment
is not consistent with the overall purpose and general design of the
original adopted CDP, or there will be any alteration of land boundaries,
the Planning Commission shall direct the applicant to submit the proposed
amendment, together with a new district change petition, for processing
pursuant to the provisions of subsection (2) of this subsection.
(e)
Development
standards,
(1)
The permanent development standards for planned community developments
shall be determined by the Planning Commission as follows:
(A)
The Planning Commission shall assign the most applicable Base District
development standards, as set forth in Article 3 Base District Regulations/Standards
of this chapter, for each category of land use shown on the CDP; or
(B)
Specific standards may be imposed as conditions of approval of the
CDP provided they are more restrictive than the provisions of Chapters
1 through 5 of this Code; or
(2)
Development regulations adopted as a part of the CDP shall supersede
other requirements of this Land Use Code. In cases where an item is
not addressed in the CDP, the appropriate provisions of this Code
shall regulate. A summary of development standards for adopted CDPs
are included in Appendix B Adopted Comprehensive Development Plans
Summary.
(3)
The development standards for the Agri-Business District, pursuant to Section 9-3.305 Industrial Districts, shall be applied for the interim uses identified in Table 3-15 until a CDP has been adopted and implemented.
(4)
Common areas.
(A)
The CDP, through appropriate legal instruments, such as CC&R,
management agencies, and/or owner associations, shall provide means
for the ongoing maintenance of all open space, private streets, parking
lots, buildings, and the like in the Planned Community (PC) District.
Such legal instruments shall be approved by the City and shall be
appropriately recorded prior to the issuance of building permits.
(B)
The CC&R or other legal instruments shall incorporate the provisions
of the responsible homeowner association for the maintenance of any
commonly-owned land should the City determine after reasonable and
customary notice to the homeowner association that adequate maintenance
is not being performed on such land.
(C)
In the case of owner associations, no in-common holding may be sold
or otherwise transferred to the control of any other entity, except
one conceived and designed to fulfill the same basic purposes as the
owner association.
(f)
Development
review.
(1)
Individual development projects proposed to implement an adopted
CDP or allowed interim use within the Planned Community (PC) District
shall be consistent with such CDP, or this Land Use Code, and shall
be subject to development review as set forth in Article 3 Development
Review Procedures of Chapter 2 of this title.
(2)
The Planning Director shall prescribe the type and form of information
required for review of the CDP.
(g)
Supplementary
district regulations.
(1)
For sign, parking, fence, swimming pool, and similar regulations
for the Planned Community (PC) District, see Article 5 Supplemental
District Regulations of this chapter.
(2)
Supplementary district regulations adopted as a part of the CDP shall
supersede other requirements of this Land Use Code. In cases where
an item is not addressed in the CDP, the appropriate provision of
this Land Use Code shall regulate.
(h)
Environmental
overlay standards. Standards related to management of project effects
on sensitive natural resources (i.e. floodplains, ridgelines, etc.)
shall be as set forth in Article 4 Environmental Overlay Districts
of this chapter.
(Ord. No. 869, § 2; Ord. No. 971, § 4, 2010; Ord. No. 995, § 2, 2012; Ord. No. 1076, § 9, 2020)
(a)
Purpose
and intent. The purpose and intent of the Specific Plan/Precise Plan
(SP/PP) District is to:
(1)
Provide a means for designating certain areas of the City having
important aesthetic, cultural, historical, or environmental characteristics
as special study areas so that such areas will not be destroyed due
to premature or poorly planned development; and
(2)
Establish a holding district wherein certain low intensity land uses
are permitted while the area in question is studied for the purpose
of developing a precise plan for the development of the area.
(b)
Permanent
principal uses and structures permitted. Permitted uses and structures
in the Specific Plan/Precise Plan (SP/PP) District shall be designated
in a Specific or Precise Plan. The Specific or Precise Plan shall
include all parcels within the district and shall identify the existing
and proposed uses on all parcels.
(c)
Interim
uses permitted.
(1)
Table 3-16 identifies the interim uses permitted in the Specific
Plan/Precise Plan (SP/PP) District until a Specific or Precise Plan
is adopted and implemented.
(3)
The “notes and exceptions” column of Table 3-16 indicates
more precisely the use regulations for specific uses or operating
characteristics. The notes and exceptions must be reviewed in conjunction
with the other information for the class of use.
(4)
Certain permitted uses and conditionally permitted uses may be subject
to special conditions regarding location, operation, or the design
of the use. The sections of this title governing these uses are identified
in the “notes and exceptions” column of Table 3-16.
|
Table 3-16
Interim Uses in the Specific Plan/Precise Plan District (please
refer to end of table for notes)
| ||
|---|---|---|
|
Use
|
SP/PP
|
Notes and Exceptions
|
|
Accessory uses incidental to the operation of a permitted use
|
A
|
|
|
Animal grazing, breeding, boarding, raising, and training
|
P
|
a. Includes cattle, sheep, goats, and horses.
b. Excludes hog production, commercial livestock feeding ranches,
commercial dairies, commercial horse stables and equestrian centers,
commercial kennels, and the commercial slaughtering, dressing, or
sale of livestock, fowl, or other animals.
|
|
Apiaries
|
P
|
Subject to Section 9-3.510.
|
|
Bed and breakfasts
|
C
|
Subject to Section 9-3.509 Bed and Breakfasts.
|
|
Caretaker residence (temporary)
|
A
|
Allowed during the construction of a permanent single-family residence on an individual lot in accordance with the provisions of Section 9-3.553 Temporary Uses and Structures.
|
|
Cemeteries
|
C
|
|
|
Egg production and sales and the production of chickens, poultry,
pigeons, and other fowl, and the production of rabbits
|
P
|
Subject to the following requirements: 1. Any poultry, pigeon,
rabbit, or other animal raising building or enclosure shall be located
a minimum of 300 feet rabbits from any existing residential building
not on tire premises; and 2. The slaughtering or dressing for sale
of poultry, pigeons, or rabbits shall be permitted only if they are
produced, raised, or fattened on the premises.
|
|
Educational and cultural programs
|
A
|
Shall be of a temporary nature and prior approval must be obtained
from the Planning Director.
|
|
Employee quarters (detached)
|
A
|
Must be of a permanent character placed in permanent locations.
|
|
Farming
|
P
|
a. Includes all types of agriculture and horticulture.
b. Excludes farms operated publicly or privately for the disposal
of garbage, sewage, rubbish, or offal.
|
|
Home businesses
|
A
|
Subject to Section 9-3.523 Home Business.
|
|
Horse stables and equestrian centers (commercial)
|
C
|
Subject to Section 9-3.515 Equestrian Standards.
|
|
Kennels (noncommercial)
|
A
|
Subject to Section 9-3.525 Kennels.
|
|
Kennels (commercial)
|
C
|
Subject to Section 9-3.525 Kennels.
|
|
Mining, oil drilling, and other resource extraction
|
C
|
Includes necessary incidental buildings and appurtenances.
|
|
Mobilehomes and modular homes on a permanent foundation system
|
A
|
Both shall be subject to the provisions of Section 3-301 Residential
Districts.
|
|
Nurseries, greenhouses, and plant storage (resale and wholesale)
|
P
|
Including greenhouses, hydroponic gardens, and similar facilities.
|
|
Parks (private)
|
P
|
|
|
Produce stands (temporary)
|
A
|
a. To be used for the sales of agricultural products produced
on the premises.
b. Subject to the following: 1. Such stands shall not be located closer than 20 feet from any street right-of-way; 2. Such stands shall be of wood frame type construction; and 3. The accessory signs used to identify the use shall be located on or adjacent to such stands as set forth in Section 9-3.543 Signs.
|
|
Radio and television towers and stations, radar installations,
microwave relay stations, and cellular towers and installations (commercial)
|
C
|
Subject to Section 9-3.507 Antennas.
|
|
Religious, fraternal, or service organizations (nonprofit)
|
C
|
Includes churches, temples, synagogues, monasteries, religious
retreats, and other places of religious worship and other fraternal
and community service organizations.
|
|
Residential dwelling (single family)
|
A
|
One principal residential dwelling per lot as an accessory use
to a principal use.
|
|
Topsoil or fill dirt (processing and/or sales of)
|
C
|
|
(d)
Development
standards.
(1)
The permanent development standards for the Specific Plan/Precise
Plan (SP/PP) District shall be designated in a Specific or Precise
Plan. The development standards may be applied uniformly throughout
a district, or may be applied to individual parcels in accordance
with the provisions of the Specific or Precise Plan.
(e)
Initiation
of Precise Plans Specific or Precise Plans for the Specific Plan/Precise
Plan (SP/PP) District shall only be initiated by the City Council
or by the City Council following the petition by 10% or more of the
owners of property designated SP/PP.
(f)
Development review. Specific or Precise Plans for the Specific Plan/Precise Plan (SP/PP) District shall be subject to the development review process and shall be adopted and amended in the same manner provided for a Comprehensive Development Plan as set forth in Section 9-3.315(d), Planned Community (PC) District.
(g)
Supplementary
district regulations.
(1)
For sign, parking, fence, swimming pool, and similar regulations
for the Specific Plan/Precise Plan (SP/PP) District, see Article 5
Supplemental District Regulations of this chapter.
(2)
Supplementary district regulations adopted as a part of the Specify
or Precise Plan shall supersede other requirements of this Lard Use
Code. In cases where an item is not addressed in the Specific or Precise
Plan, the appropriate provision of this Land Use Code shall regulate.
(h)
Environmental
overlay standards. Standards related to management of project effects
on sensitive natural resources (i.e., floodplains, ridgelines, etc.)
shall be as set forth in Article 4 Environmental Overlay Districts
of this chapter.
(i)
Nonconforming
uses. If an area is designated Specific Plan/Precise Plan (SP/PP)
District and a Specific or Precise Plan is adopted that identifies
the permitted uses, a minor modification of an existing nonconforming
use may be approved by the City Council. The Environmental Administrator
will review all proposed modifications for the purpose of identifying
issues and concerns. The Environmental Administrator will also determine
whether any other board or commission should also review the proposal.
Since the following criteria limits the magnitude of the modifications,
the review process should be minimized. The Environmental Administrator
may also require adjoining, property owners to be notified of the
review process. The following criteria and limitations will be used
to evaluate whether a requested modification to a nonconforming use
is minor:
(1)
That the proposal will not interfere with the orderly transition
of land uses in accordance with the adopted Specific or Precise Plan;
and
(2)
That the proposal will not materially contribute to significant environmental
impacts; and
(3)
That the proposal is minor and incidental relative to the existing
nonconformity. The lot size, the size of existing structures, the
volume of business, and other factors will be considered when determining
the magnitude of the modification.
(Ord. No. 869, § 2; Ord. No. 1076, § 10, 2020)
