Chapter 17.08
RESIDENTIAL ZONES

Sections:

17.08.010    Purposes.

17.08.020    RR-A through RR-C residential rural zone.

17.08.025    RS-1 residential single-family 1 zone.

17.08.030    RS-2 residential single-family 2 zone.

17.08.040    RS-3 residential single-family 3 zone.

17.08.050    RS-4 residential single-family 4 zone.

17.08.060    RS-7 residential single-family 7 zone.

17.08.070    RC residential condominium zone.

17.08.080    RA residential apartment zone.

17.08.090    Permitted and conditional uses – R zones.

17.08.100    Permitted and conditional uses – Residential uses.

17.08.110    Permitted and conditional uses – Animal and agricultural uses.

17.08.120    Permitted and conditional uses – Public and semipublic uses.

17.08.130    Permitted and conditional uses – Home occupations.

17.08.140    Permitted and conditional uses – Accessory uses.

17.08.150    Permitted and conditional uses – Temporary uses.

17.08.160    Property development standards – General requirements.

17.08.170    Property development standards – Additional requirements.

17.08.180    Second dwelling units.

17.08.185    Guest houses.

17.08.190    Tract subdivision construction.

17.08.200    Affordable housing development standards.

17.08.210    Manufactured housing development standards.

17.08.220    Property development standards – Special requirements for RC and RA zones.

17.08.230    Performance standards in residential zones.

17.08.240    Walls and fences.

17.08.010 Purposes.

In addition to the objectives outlined in PMC 17.02.010, the residential zones are included in the zoning development regulations to achieve the following purposes:

A. To reserve appropriately located areas for family living at a broad range of dwelling unit densities consistent with the general plan and with sound standards of public health, safety and welfare;

B. To ensure adequate light, air, privacy, and open space for each dwelling;

C. To minimize traffic congestion and to avoid the overloading of public services and utilities by preventing the construction of buildings of excessive bulk or number in relation to the land area around them;

D. To protect residential properties from noise, illumination, unsightliness, odors, smoke and other objectionable influences;

E. To facilitate the provision of utility services and other public facilities commensurate with anticipated population, dwelling unit densities, and service requirements. (Ord. 113 § 1 (Exh. A 2.0), 1983)

17.08.020 RR-A through RR-C residential rural zone.

The RR-A through RR-C residential rural zone is intended as an area for very low density residential uses with minimum lot sizes of one acre and maximum densities of one unit per acre. Additional uses are permitted that are complimentary to, and can exist in harmony with, a rural residential neighborhood. Specific slope criteria shall be applied in the determination of the maximum allowable densities to achieve compatibility with the topography and public service constraints.

In order to preserve the very low density residential character of such property, no property zoned RR-A, RR-B or RR-C shall be rezoned to a zone, nor shall any amendment to this title be adopted, which would increase the residential density on property so zoned or change the uses permitted thereon to allow commercial or manufacturing uses until and unless such rezoning or amendment is approved by ordinance adopted by the voters of the City at a special or general election, or first approved by the Poway City Council and then adopted by the voters of the City at a special or general election.* (Ord. 283 § 2(B), 1988; Ord. 113 § 1 (Exh. A 2.0), 1983)

 

*    Editor’s Note: The second paragraph of PMC 17.08.020 was added by Ord. 283 and was approved by the voters at a general municipal election November 8, 1988. The language added shall not be modified or rescinded without the approval of a simple majority of the City voting at a special or general election.

17.08.025 RS-1 residential single-family 1 zone.

This zone is intended for low density single-family residential land uses with a minimum lot size of one acre and maximum densities of 1.0 unit per net acre. Additional uses are permitted that are complimentary to, and can exist in harmony with, low density neighborhoods. (Ord. 275 § 2, 1988)

17.08.030 RS-2 residential single-family 2 zone.

The RS-2 residential single-family 2 zone is intended as an area for low density residential uses with minimum lot size of 20,000 square feet and maximum density of two units per net acre. Additional uses are permitted that are complementary to, and can exist in harmony with, low density neighborhoods. (Ord. 113 § 1 (Exh. A 2.0), 1983)

17.08.040 RS-3 residential single-family 3 zone.

The RS-3 residential single-family 3 zone is intended as an area for single-family residential development with minimum lot sizes of 15,000 square feet and maximum densities of three units per acre. Additional uses are permitted that are complementary to, and exist in harmony with, a residential neighborhood. (Ord. 113 § 1 (Exh. A 2.0), 1983)

17.08.050 RS-4 residential single-family 4 zone.

The RS-4 residential single-family 4 zone is intended as an area for single-family residential development on minimum lot sizes of 10,000 square feet and maximum densities of four units per acre. Additional uses are permitted that are complementary to, and can exist in harmony with, a residential neighborhood. (Ord. 113 § 1 (Exh. A 2.0), 1983)

17.08.060 RS-7 residential single-family 7 zone.

The RS-7 residential single-family 7 zone is intended as an area for single-family residential development on minimum lot sizes of 4,500 square feet and maximum densities of eight units per acre. Additional uses are permitted that are complementary to, and can exist in harmony with, a residential neighborhood. (Ord. 423 (Exh. A), 1993; Ord. 113 § 1 (Exh. A 2.0), 1983)

17.08.070 RC residential condominium zone.

The RC residential condominium zone is intended as an area for the development of residential condominiums with provisions for adequate light, air, open space and landscaped areas at a maximum density of 12 units per net acre. Additional uses are permitted that are complementary to, and can exist in harmony with, a residential condominium development. (Ord. 113 § 1 (Exh. A 2.0), 1983)

17.08.080 RA residential apartment zone.

The RA residential apartment zone is intended as an area for the development of residential apartments with provisions for adequate light, air, open space and landscaped areas at a maximum density of 20 units per net acre. Additional uses are permitted that are complementary to, and can exist in harmony with, a residential apartment development. (Ord. 113 § 1 (Exh. A 2.0), 1983)

17.08.090 Permitted and conditional uses – R zones.

The uses set out in PMC 17.08.100 through 17.08.150 shall be permitted where the symbol “P” appears and subject to a conditional use permit where the symbol “C” appears, and subject to a minor conditional use permit where the symbol “M” appears in the column beneath each zone designation. Where the symbol “X” appears the use is prohibited. A use that is not listed is not permitted. (Ord. 481 § 3, 1997; Ord. 252 § 1, 1988; Ord. 113 § 1 (Exh. A 2.1), 1983)

17.08.100 Permitted and conditional uses – Residential uses.

Residential uses in residential zones shall be as follows:

Residential Uses

RR-A through C, RS-1

RS-2

RS-3

RS-4

RS-7

RC

RA

A. Single-family dwellings

P

P

P

P

P

P

P

B. Guest houses (see PMC 17.08.190(D))

P

P

P

P

P

P

P

C. Accessory apartments on the same lot as an existing single-family dwelling (see PMC 17.08.190(C))

P

P

P

P

P

P

P

D. Manufactured homes certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) installed, on a foundation system pursuant to Section 18551 of the Health and Safety Code, on individual lots in accordance with PMC 17.08.190(I)

P

P

P

P

P

P

P

E. Mobile home parks (maximum density shall not exceed eight dwelling units per net acre or that permitted by the applicable zone, whichever is less) subject to standards described in Chapter 17.16 PMC

C

C

C

C

C

C

C

F. Group residential, including but not limited to dormitories, independent living, board and care (See Chapter 17.39 PMC) (maximum living units for group residential shall not exceed 20 per acre)

X

X

X

X

X

C

C

G. Residential care facilities licensed by the State for seven to 15 residents

X

C

X

X

X

C

C

H. Multiple Dwellings:

 

 

 

 

 

 

 

1. Rental

2. Individual unit ownership

3. Condominium conversions

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

P

P

C

P

X

X

I. Family day care home, as defined in Section 1596.78 of the California Health and Safety Code, in single-family detached dwellings:

 

 

 

 

 

 

 

1. Small family day care home

2. Large family day care home

P

P

P

P

P

P

P

P

P

P

P

P

P

P

(Ord. 578 § 3, 2003; Ord. 307 § 2, 1989; Ord. 293 § 1, 1989; Ord. 292 § 1, 1989; Ord. 288 § 1, 1989; Ord. 275 § 2, 1988; Ord. 252 § 1, 1988; Ord. 225 § 1, 1987; Ord. 164 § 1, 1985; Ord. 162 § 1, 1985; Ord. 144 § 3, 1984; Ord. 113 § 1 (Exh. A 2.1(A)), 1983)

17.08.110 Permitted and conditional uses – Animal and agricultural uses.

Animal and agricultural uses in residential zones shall be as follows:

Animal and Agricultural Uses

RR-A through C, RS-1

RS-2

RS-3

RS-4

RS-7

RC

RA

A. All types of horticulture

P

P

P

P

P

P

P

B. 4-H or FFA animal raising and/or keeping in accordance with PMC 17.26.030(I)

P

P

P

P

P

P

P

C. The wholesaling of products raised on the premises, only when said property is two acres or greater in size

P

P

P

P

P

P

P

D. Keeping of large animals in accordance with Chapters 17.32 and 17.33 PMC land must be vacant in zones RC and RA):

 

 

 

 

 

 

 

1. At densities specified in 17.32.010(B):

a. Fewer than 10 animals total

b. Ten to 19 animals total

c. Twenty or more animals total

 

P

M

C

 

P

M

C

 

P

M

C

 

P

M

C

 

P

M

C

 

P

M

C

 

P

M

C

2. On parcels greater than one acre, at densities greater than specified in 17.32.010(B)

C

C

C

C

C

C

C

3. After 90 days from the effective date of the ordinance codified in this subsection, no minor conditional use permit nor conditional use permit shall be granted for the keeping of 10 or more animals except in the RR-A and RR-B zones or where an application for such a minor conditional use permit or conditional use permit had been submitted and found to be complete prior to 90 days from the effective date of the ordinance codified in this subsection

 

 

 

 

 

 

 

4. For purposes of determining the need for a minor conditional use permit or conditional use permit, the total shall include all animals kept on contiguous parcels, where the parcels are owned in whole or in part by the same person or persons, or, where the animals, or any of the facilities for the animals, are maintained or operated in whole or in part by the same person or persons

 

 

 

 

 

 

 

E. Keeping of small animals in accordance with PMC 17.32.020 (land must be vacant in zones RC and RA)

P

P

P

P

P

P

P

F. Keeping of dogs and cats (over the age of eight months):

1. Three dogs and/or three cats

2. Six dogs and/or six cats

 

 

P

P

 

 

P

P

 

 

P

X

 

 

P

X

 

 

P

X

 

 

P

X

 

 

P

X

G. Kennels, commercial and noncommercial (for dogs and/or cats greater than those permitted in subsection G of this section) in accordance with Chapter 17.34 PMC

C

C

C

X

X

X

X

H. The keeping of wild, exotic or nondomestic animals

†

X

X

X

X

X

X

I. Large animal hospital

C

X

X

X

X

X

X

J. Keeping of beehives:

1. One to three beehives

2. Four or more beehives

 

P

†

 

†

†

 

X

X

 

X

X

 

X

X

 

X

X

 

X

X

K. The raising of earthworms providing:

1. The area devoted to the raising of earthworms shall not exceed 10 percent of the minimum lot size permitted in the zone;

2. The area devoted to the raising of earthworms shall be no closer than 50 feet from any adjoining residential dwelling; and

3. The operation shall be fully enclosed or in an enclosed structure

P

P

†

†

X

X

X

(Ord. 438 § 2, 1994; Ord. 432 § 2, 1994; Ord. 275 § 2, 1988; Ord. 252 § 1, 1988; Ord. 113 § 1 (Exh. A 2.1(B)), 1983)

17.08.120 Permitted and conditional uses – Public and semipublic uses.

Public and semipublic uses in residential zones shall be as follows:

Public and Semipublic Uses

RR-A through C, RS-1

RS-2

RS-3

RS-4

RS-7

RC

RA

A. Child care centers other than family day care homes

C

C

C

C

C

C

C

B. Convalescent homes on sites two net acres or greater in size (see PMC 17.08.180(I)) (requires compliance with Titles 22 and 24 of the Uniform Building Code)

X

X

X

X

X

C

C

C. Churches, convents, monasteries and other religious institutions

C

C

C

C

C

C

C

D. Essential public services including but not limited to libraries, museums, public parks and recreational facilities, safety services facilities, clubs, lodges, and other civic uses

C

C

C

C

C

C

C

E. Educational institutions, public or private schools not including art, business or trade schools and colleges

C

C

C

C

C

C

C

F. Public utility and public service substations, reservoirs, pumping plants, and similar installations, not including public utility offices

C

C

C

C

C

C

C

G. Private recreational facilities including but not limited to country clubs, tennis and swim clubs, golf courses and racquetball and handball, YMCA, YWCA, and other uses determined to be similar by the Director of Development Services. (See Chapter 17.35 PMC.) Limited commercial uses which are commonly associated and directly related to these primary uses may be permitted

C

C

C

C

C

C

C

H. Recreational courts, including but not limited to, tennis, paddle tennis and other similar uses determined by the Development Services Director (see Chapter 17.30 PMC)

P

P

P

P

P

P

P

(Ord. 518, 1999; Ord. 292 § 2, 1989; Ord. 275 § 2, 1988; Ord. 252 § 1, 1988; Ord. 232 § 1, 1987; Ord. 221 § 1, 1987; Ord. 206 § 1 (Exh. A), 1986; Ord. 162 § 1, 1985; Ord. 144 § 4, 1984; Ord. 113 § 1 (Exh. A 2.1(C)), 1983)

17.08.130 Permitted and conditional uses – Home occupations.

Home occupation uses in residential zones shall be as follows:

Home Occupations

RR-A through C, RS-1

RS-2

RS-3

RS-4

RS-7

RC

RA

A. Home occupations subject to the provisions of Chapter 17.28 PMC

P

P

P

P

P

P

P

(Ord. 275 § 2, 1988; Ord. 113 § 1 (Exh. A 2.1(D)), 1983)

17.08.140 Permitted and conditional uses – Accessory uses.

Accessory uses in residential zones shall be as follows:

Accessory Uses

RR-A through C, RS-1

RS-2

RS-3

RS-4

RS-7

RC

RA

A. Accessory structures and uses located on the same site as a permitted use

P

P

P

P

P

P

P

B. Accessory structures and uses located on the same site as a conditional use

†

†

†

†

†

†

†

C. Unlighted private recreational courts including but not limited to tennis, paddle tennis, and other uses determined to be similar by the Development Services Director (see Chapter 17.30 PMC)

P

P

P

P

P

P

P

D. Private recreational courts with exterior lighting including but not limited to tennis, paddle tennis and other uses determined to be similar by the Development Services Director (see Chapter 17.30 PMC)

†

†

†

†

†

†

†

E. “Seatainers”

M

M

M

M

M

M

M

(Ord. 518, 1999; Ord. 490 § 2(1), 1997; Ord. 275 § 2, 1988; Ord. 252 § 1, 1988; Ord. 206 § 1 (Exh. A), 1986; Ord. 113 § 1 (Exh. A 2.1(E)), 1983)

17.08.150 Permitted and conditional uses – Temporary uses.

Temporary uses in the residential zones shall be as follows:

Temporary Uses

RR-A through C, RS-1

RS-2

RS-3

RS-4

RS-7

RC

RA

A. Temporary uses as prescribed in Chapter 17.26 PMC

P

P

P

P

P

P

P

(Ord. 275 § 2, 1988; Ord. 113 § 1 (Exh. A 2.1(F)), 1983)

17.08.160 Property development standards – General requirements.

The following requirements in residential zones are the minimum unless otherwise stated:

General Requirements

RR-A through C, RS-1

RS-2

RS-3

RS-4

RS-7

RC

RA

A. Density – Maximum dwelling units per acre

0.025 – 1.0 (see PMC 17.08.180(I))

2.0

3.0

4.0

8.0

12.0

20.0

B. Net lot area (in square feet)

40 AC-1AC

20,000

15,000

10,000

4,500

2 acres

3 acres

C.  1. Lot width (in feet)

110

100

80

70

50

135-corner 165-interior

2. Cul-de-sac or odd-shaped lot width (in feet)

30

30

30

30

30

–

–

3. Flag lots

20

20

20

20

20

–

–

D. Lot depth (in feet)

150

150

100

100

80

135-corner 165-interior

E. Front yard setback (in feet)

40

30

25

25

18

20

20

F. Side yard setback each side (in feet)

20/20

15/15

10/10

10/10

0/10

15/15

15/15

G. Side yard, setback street side (in feet)

20

15

10

10

10

20

20

H. Rear yard setback (in feet)

50

40

40

25

20

15

15

I. Lot coverage, maximum (in percentage)

35

35

35

35

50

40

40

J. Building and structure height (maximum in feet)

35 feet or 2 stories, whichever is less or as expressly authorized pursuant to an adopted specific plan

K. Parking spaces per unit (garages are required in all residential zones except the RA zones)

2

2

2

2

2

*

**

L. Distance between buildings, not exceeding 15 feet in height (in feet)

–

–

–

–

–

15

15

M. Distance between building, where one or more exceed 15 feet in height (in feet)

–

–

–

–

–

25

15

* 1.75 spaces (1 garage)/1 bedroom unit; 2.25 spaces (1 carport)/2 bedroom unit; 3.00 spaces (2 garages)/3 bedroom or larger unit

** 1.5 spaces (1 carport)/1 bedroom unit; 2.25 spaces (1 carport)/2 bedroom unit; 2.75 spaces (1 carport)/3 bedroom or larger unit

(Ord. 481 § 3, 1997; Ord. 423 (Exh. A), 1993; Ord. 275 § 2, 1988; Ord. 267 § 2(1), 1988; Ord. 232 § 1, 1987; Ord. 162 § 1, 1985; Ord. 113 § 1 (Exh. A 2.2(A)), 1983)

17.08.170 Property development standards – Additional requirements.

A. Minimum Lot Size and Dimensions.

1. Any legal lot may be used as a building site if the proposed use is permitted in the zone and all grading requirements set forth in the comprehensive plan and the Poway Municipal Code are strictly satisfied without variance, provided that no building permit shall be issued for a lot of a size less than 4,000 square feet.

2. Flag lots shall meet the minimum lot dimension requirements in the “flag” portion of the lot. The flag pole portion of a flag lot shall not be counted toward the minimum lot area requirement.

 

3. Slope calculations and the density potential which results from such calculations under the provisions of this title are matters requiring technical engineering expertise and are ministerial, not discretionary, in nature. In the RR-A through RR-C and RS-1 zones, slope calculations shall be based on the measured rise over run calculations of a topographic map of the property prepared in accordance with the standards set forth in this section by a registered Civil Engineer retained by the applicant. The City may retain at the applicant’s cost a registered Civil Engineer to verify the calculations of the applicant’s engineer and to ascertain whether or not the calculations were made in accordance with the standards set forth in this section. In the event that the Civil Engineer retained by the City determines that the calculations were made in accordance with the standards set forth in this section, the City shall accept the calculations as accurate. In the event that the Civil Engineer retained by the City determines that the calculations were not made in accordance with the standards set forth in this section, the City shall not accept the calculations as accurate. No application for development of property which requires slope calculation shall be deemed complete until the Director of Development Services has accepted the slope calculation.

The standards and procedures for slope calculation shall be adopted by resolution and contained in the public counter handout titled: “City of Poway Slope Calculation Standards and Procedures,” a copy of which shall be available at the City of Poway Development Services Department. The standards and procedure