Chapter 17.08
RESIDENTIAL ZONES Amended Ord. 771

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. Amended Ord. 771

17.08.150    Permitted and conditional uses – Temporary uses.

17.08.160    Property development standards – General requirements. Amended Ord. 771

17.08.170    Property development standards – Additional requirements.

17.08.180    Accessory buildings and structures.

17.08.185    Repealed.

17.08.190    Tract subdivision construction.

17.08.200    Repealed.

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. Amended Ord. 771

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

X

X

B. Guest houses (see PMC 17.08.185)

P

P

P

P

P

X

X

C. Second dwelling unit on the same lot as an existing single-family dwelling (see PMC 17.08.180)

P

P

P

P

P

X

X

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 17.08.210

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

J. Medical marijuana dispensaries, collectives and cooperatives as defined in PMC 17.04.514

X

X

X

X

X

X

X

(Ord. 736 § 5, 2012; Ord. 674 § 4, 2008; 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 four months as follows:

1. Up to three dogs and up to three cats

2. Up to six dogs and up to six cats

 

 

P

P

 

 

P

P

 

 

P

X

 

 

P

X

 

 

P

X

 

 

P

X

 

 

P

X

G. Kennels (in accordance with Chapter 17.34 PMC)

C

C

C

X

X

X

X

H. The keeping of wild, exotic or nondomestic animals

M

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

M

 

M

M

 

X

X

 

X

X

 

X

X

 

X

X

 

X

X

K. The raising of earthworms provided:

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

M

M

X

X

X

L. Medical marijuana dispensaries, collectives and cooperatives as defined in PMC 17.04.514

X

X

X

X

X

X

X

(Ord. 736 § 6, 2012; Ord. 674 § 5, 2008; 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

I. Medical marijuana dispensaries, collectives and cooperatives as defined in PMC 17.04.514

X

X

X

X

X

X

X

(Ord. 736 § 7, 2012; 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

B. Medical marijuana dispensaries, collectives and cooperatives as defined in PMC 17.04.514

X

X

X

X

X

X

X

(Ord. 736 § 8, 2012; Ord. 275 § 2, 1988; Ord. 113 § 1 (Exh. A 2.1(D)), 1983)

17.08.140 Permitted and conditional uses – Accessory uses. Amended Ord. 771

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

M

M

M

M

M

M

M

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)

M

M

M

M

M

M

M

E. “Seatainers”

M

M

M

M

M

M

M

F. Medical marijuana dispensaries, collectives and cooperatives as defined in PMC 17.04.514

X

X

X

X

X

X

X

(Ord. 736 § 9, 2012; Ord. 674 § 6, 2008; 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

B. Medical marijuana dispensaries, collectives and cooperatives as defined in PMC 17.04.514

X

X

X

X

X

X

X

(Ord. 736 § 10, 2012; Ord. 275 § 2, 1988; Ord. 113 § 1 (Exh. A 2.1(F)), 1983)

17.08.160 Property development standards – General requirements. Amended Ord. 771

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 17.08.170(A)(3))

2.0

3.0

4.0

8.0

12.0

20.0

B. Net lot area (in square feet, unless otherwise noted)

40 acres – 1 acre (see PMC 17.08.170(A)(3))

20,000

15,000

10,000

4,500

2 acres

3 acres

C.  Lot width (in feet)

 

 

 

 

 

 

1. Unless otherwise specified below

110

100

80

70

50

135 corner 165 interior

135 corner 165 interior

2. Cul-de-sac or unusually shaped lot

30

30

30

30

30

3. Flag lot

20

20

20

20

20

D. Lot depth (in feet)

150

150

100

100

80

135 corner 165 interior

135 corner 165 interior

E. Front yard setback (in feet)

40

30

25

25

18

20

20

F. Side yard setback, interior, each side (in feet)

20/20

15/15

10/10

10/10

5/51

0/102

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

50

50

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 zone)

2

2

2

2

2

3

4

L. Distance between buildings that do not exceed 15 feet in height (in feet)

15

15

M. Distance between buildings, where one or more exceeds 15 feet in height (in feet)

25

15

1    The 5/5 interior side yard setback in the RS-7 zone shall only apply to properties that are not part of a planned development approved with a 0/10 or zero lot line interior side setback development standard.

2    The 0/10 interior side yard setback in the RS-7 zone shall only apply to planned developments that are approved with a 0/10 or zero lot line interior side setback development standard.

3    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.

4    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. 674 § 7, 2008; 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 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 procedures shall be subject to amendment by further resolution. A violation of the standards and procedures for slope calculation adopted by resolution shall be deemed a violation of the ordinance codified in this subsection. To compute slope, the following formula shall be used:

(CL x I x S)

NA

Where:

CL

=

Length of contours

I

=

Contour interval

S

=

Scale of map

NA

=

Net area in square feet

The average slope of each parcel shall be consistent with the slope requirement for the total site.

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 calculations shall be deemed complete until the Director of Development Services has accepted the slope calculation.

The slope criteria and minimum parcel sizes for property zoned RR-A, RR-B and RR-C shall not be modified to permit increased density or rescinded unless and until such modification or rescission 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.*

Lot sizes for properties zoned RR-A, RR-B, RR-B2, RR-C or RS-1 shall be as follows:

Slope Criteria and Minimum Parcel Size for Properties Zoned RR-A, RR-B, RR-B
2, RR-C and RS-1

ZONE

SLOPE (Percent)

DENSITY

Parcels served by City water1

Parcels not served by City water

RR-A

0 – 15

1 parcel per four net acres

1 parcel per 20 net acres

15 – 25

1 parcel per eight net acres

1 parcel per 20 net acres

25 – 45

1 parcel per 20 net acres

1 parcel per 40 net acres

45 +

No credit

No credit

RR-B

0 – 15

1 parcel per two net acres

Requires City water

15 – 25

1 parcel per four net acres

25 – 45

1 parcel per eight net acres

45 +

No credit

No credit

RR-B2 (Within High Valley Area)

No slope criteria

1 parcel per two net acres2

City water not required

RR-C

RS-1

0 – 15

1 parcel per one net acre

Requires City water

15 – 25

1 parcel per two net acres

25 – 45

1 parcel per four net acres

45 +

No credit

No credit

1    City water is defined as water provided through the City’s public water system.

2    Within the High Valley Area, all lots prepared for division less than eight net acres in size shall include a minimum of one contiguous net acre building site with an average slope of less than 25 percent. The building site shall be logically located in regard to access consistent with City ordinances and policies and the preservation of significant natural resources such as watercourses, significant tree stands, rock outcroppings or ridgelines.

4. The ratio of the depth of a lot to the width of a lot shall not exceed a maximum ratio of 3:1. If that ratio is exceeded, the lot shall be deemed an unusually shaped lot. Unusually shaped lots may only be allowed within the RR-A through RR-C and RS-1 zones and only where the City Council, in its discretion, finds that unusually shaped lots are necessary to ensure the preservation of unique topographic features, riparian woodland areas and other areas of significant community importance as open space. This development standard shall apply to all lots proposed to be created by the subdivision or parcel map process.

5. Lot averaging in the RR-A through RR-C and RS-1 zones may be utilized at the time of subdivision consideration. The purpose of lot averaging is to ensure the preservation of unique topographic features, riparian woodland areas and other features of significant community importance as open space. The words “This is a lot-averaged subdivision” shall appear on the face of the map. The method of design for a lot-averaging subdivision is as follows:

a. The density of development (number of available lots) is calculated as described in subsection (A)(3) of this section;

b. The area(s) to be left as open space is determined;

c. The available lots are distributed within the remaining area of the property with no lot to have an area less than the minimum lot size permitted within that zone;

d. None of the lots, including the open space lot(s), can be further divided, and a covenant to that effect shall be recorded against the property and in favor of the City;

e. Submittal of an acceptable standard subdivision design.

6. The lot averaging provisions of the Poway Municipal Code shall not be modified to permit increased density or rescinded unless and until such modification or rescission 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.*

B. Required Setbacks.

1. Street setbacks shall be measured from the ultimate street right-of-way or the maximum required street width if said street is proposed to be private or is now a private street.

2. Each lot or parcel on a cul-de-sac, curved street or dead-end street shall meet the minimum lot width requirement at the required front setback of the zone except for the RC and RA zones (see example below).

3. Public and Semipublic Buildings and Uses. For public and semipublic buildings and uses, a minimum 50-foot setback shall be maintained from any adjacent single-family residential zone. In addition, a six-foot-high fence is required along an interior side or rear yard that is adjacent to a single-family residential zone, unless a parking lot is located within 75 feet of said property lines. In those instances, a six-foot-high decorative masonry wall shall be provided. Fifteen-gallon trees planted 20 feet on-center and shrubbery shall be installed and maintained along the inside of the required fence or wall in a five-foot-wide landscape planter to provide a dense landscape screen. The City Council may waive or modify the fence or wall requirement if both properties contain a public or semipublic use or building.

4. Where a portion of a residential building is nonconforming in terms of current rear yard and/or side yard setbacks, the existing distance from the side or rear lot line established by the nonconforming portion of the building shall be used as the required setback distance for any additions to that building in the side yard and rear yard areas.

5. In situations where a rural residential or single-family residential lot is so irregular, as to prohibit or unduly restrict the construction of a single-family home, within the required setbacks noted in this title, the Director of Development Services shall have the authority to alter the setback locations, i.e., front, side and rear yards, to enable the property owner to enjoy the same privileges as those enjoyed by other property owners in the same area.

6. Additions to the Main Building. Additions to the main building shall be allowed to encroach into the rear yard setback up to one-half the distance but shall otherwise comply with the development standards contained in PMC 17.08.160.

C. Lot Coverage.

1. Lot coverage shall include all buildings, carports, structures and accessory buildings and structures except that patio covers, open on three sides, pools, spas and freestanding open air gazebos and patios shall not be counted.

D. Driveway Requirements.

1. Each building site shall have a minimum 20-foot-wide vehicular access to a street.

2. Driveway and other concrete or asphalt concrete areas available for parking shall not exceed 50 percent of the required front yard area.

3. Driveways serving one or two parcels in residential zones shall be constructed subject to the following standards:

Zones

Max. Grade Break*

Max. Slope

Min.

0 – 15%

Surfacing

15 – 25%

Width

RS-3

RS-4

RS-7

RC

RA

14%

(minimum tangent length – 10')

20%***

6" P.C.C.

6" P.C.C.

Min. 12 feet

Max. 30 feet

RS-1

RS-2

RR-A

RR-B

RR-C

14%

20%***

2" A.C.**

6" P.C.C.

Min. 12 feet

Max. 30 feet

*    Vertical curve (min. 50 feet long) can be utilized with approval of the City Engineer.

**    For slopes between 1% and 10%, gravel may be used based upon the following specifications:

a. The native soil must have a minimum R-value of 50 and minimum sand equivalency of 20.

b. Scarify and compact the top 12" of subgrade to 95% relative compaction. Over subgrade, compact the specified amount of Class II base to 95%, based upon the following table:

R-Value

Inches of Base

50

6"

60

5"

68

4"

75

3"

80 and over

None

c. Drainage improvements and culverts must be installed to the satisfaction of the City Engineer.

***    Slopes in excess of 20% may be approved for very limited distances where topographic or geologic constraints prohibit compliance with the standard. In no case shall road and driveway slopes exceed 25%. Modification of the slope standard is subject to the approval of the Fire Marshal and the Director of Development Services.

    Additional grading required to meet the 20% slope road and driveway standard shall not count against the maximum graded area permitted by the general plan. To achieve a grading allowance, the applicant will be required to prepare two concept grading plans, one denoting the 25% or less driveway and the other a 20% or less driveway slope. The difference in the amount of graded area between the two concept grading plans would not be counted toward the maximum graded area. If the quantity of material graded to achieve the 20% slope exceeds the maximum allowable graded area for the lot by less than 20%, the Director of Development Services may approve the additional grading. If the quantity of material graded to achieve the 20% slope exceeds the maximum allowable graded area for the lot by 20% or more, approval by the City Council is required. In either case, the quantity of material that may exceed the maximum graded area is limited to only the quantity of material necessary to reduce the road or driveway slope from a maximum of 25% to 20%.

E. Miscellaneous.

1. All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where necessary. Pad-mounted transformers and/or meter box locations shall be included in the site plan with any appropriate screening treatment. All new and existing utility connections within the boundaries of the project shall be placed underground. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts, and other facilities may be placed above ground. The requirement for undergrounding existing utilities shall not apply to any overhead power transmission lines in excess of 34.5 kV and long distance and main trunk communication facilities. The requirement for undergrounding existing utility connections may be waived or modified by the City Council in accordance with criteria and provisions for such as adopted by resolution of the City Council.

2. Energy Conservation. Buildings shall be located on the site to provide adjacent buildings adequate sunlight for solar access. The location of a solar collector shall comply with the accessory building setback regulations. All new construction and remodeling shall be pre-plumbed for solar hot water heating. Buildings shall be designed to minimize energy consumption requirements, including, but not limited to, the following conservation measures:

a. Cogeneration;

b. South-facing windows;

c. Eave coverage for windows;

d. Double-glazed windows;

e. Earth berming against exterior walls;

f. Greenhouses; and

g. Deciduous shade trees.

3. All convalescent homes and/or hospitals shall be limited to areas with natural slopes of 10 percent of less.

4. All development in the floodplain shall be in accordance with the National Flood Insurance requirements and local ordinance.

5. Architectural appurtenances to churches and other religious institutions involving a steeple, or cross, or the combination thereof, and clock towers and similar design elements on commercial structures, may exceed the maximum height of 35 feet. Proposals for such appurtenances, however, shall be evaluated through the development review application process on a case-by-case basis so that architectural compatibility and appropriate building scale is achieved and maintained.

6. All public projects and private development projects within the jurisdiction of the City that have the potential to adversely impact sensitive plant species, wildlife species, and associated natural habitats shall either demonstrate that any removal of habitat associated with the proposed development has been authorized by the California Department of Fish and Game and the U.S. Fish and Wildlife Service or comply with the adopted Poway subarea habitat conservation plan, the companion implementing agreement, and the requirements thereof including the compensation mitigation strategy, mitigation ratios, and special development requirements.

7. Conversions of existing garages into habitable space is permitted only when replaced with the equivalent covered parking as required by PMC 17.08.160(K) or such that was provided at the time the dwelling was constructed, whichever is less. (Ord. 685 § 2, 2009; Ord. 679 § 3, 2008; Ord. 674 §§ 8, 9, 10, 2008; Ord. 621 § 2, 2005; Ord. 549 § 2, 2001; Ord. 538 §§ 2, 3, 2001; Ord. 518, 1999; Ord. 481 § 3, 1997; Ord. 450 § 3, 1995; Ord. 283 § 2(C), (D), 1988; Ord. 280 § 2, 1988; Ord. 275 § 2, 1988; Ord. 272 § 2, 1988; Ord. 267 § 2(8), 1988; Ord. 232 § 1, 1987; Ord. 162 § 1, 1985; Ord. 136, 1984; Ord. 113 § 1 (Exh. A 2.2(B), 2.4), 1983)

*    Editor’s Note: This paragraph of PMC 17.08.170(A) was added by Ordinance No. 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.

17.08.180 Accessory buildings and structures.

An accessory building or structure, attached or detached to the main residence, shall be located on a lot that contains a main residence and shall comply with the setback, height and lot coverage requirements as contained in PMC 17.08.160 except as provided in this section.

A. Second Dwelling Unit. As provided by Government Code Section 65852.2(a), second dwelling units, also referred to as accessory apartments, may be located on the same lot as an existing single-family dwelling except in those areas of the City determined by resolution of the City Council to be inappropriate for second units. Such resolution shall be adopted annually. The resolution shall designate which areas of the City do not have adequate water, sewer, or other municipal services for second units or in which second units would have a significant adverse impact upon traffic flow. In areas so designated, applications for second dwelling units shall not be processed. In all other areas, second dwelling units may be permitted where the following standards are met:

1. No second dwelling unit shall be constructed or maintained without the approval of a building permit in accordance with PMC Title 15 and full compliance with the performance standards identified within this section.

2. Lots which contain a second dwelling unit shall not be further subdivided if the subdivision will result in a detached second unit or main residence being located on a lot containing less than the minimum net area required by the zoning of the property.

3. The second dwelling unit may be either detached or attached to the main residence. A detached second dwelling unit shall be located at least 10 feet from the main residence or other detached accessory building.

4. The second dwelling unit shall comply with the setback, height and lot coverage requirements as contained in PMC 17.08.160.

5. The second dwelling unit shall be similar to the main residence in architectural style and materials.

6. One additional on-site covered parking space shall be provided for the second dwelling unit.

7. Proof shall be provided to the Director of Development Services that the additional unit will not overburden the available sewer and/or water capacity of the area.

8. The floor area of the second dwelling unit shall not exceed 25 percent of the floor area contained in the primary unit (not including garage area) or 1,500 square feet, whichever is less. A second dwelling unit, however, shall not be required to contain less than 500 square feet unless this is necessary to meet lot coverage or setback requirements.

9. Either the main residence or the second dwelling unit must be occupied by the owner of the property at all times that either unit is held out for rent.

10. No more than one second dwelling unit shall be permitted on a lot.

11. All fees required of new dwelling units, including, but not limited to, sewer fees, school fees and parkland dedication fees, shall apply.

This subsection shall not be considered in the application of any local ordinance, policy or program to limit residential growth.

B. Other Habitable Accessory Buildings, Including Guest Houses. Habitable accessory buildings, including guest houses, but excluding second dwelling units, may be located on the same lot as an existing single-family dwelling and shall comply with the following standards:

1. The habitable accessory building may be either detached or attached to the main residence. A detached habitable accessory building shall be at least 10 feet from the main residence or other detached accessory building.

2. The habitable accessory building shall comply with the setback, height and lot coverage requirements of PMC 17.08.160.

3. The habitable accessory building shall be similar to the main residence in architectural style and materials.

4. Proof shall be provided to the Director of Development Services that the habitable accessory building shall not overburden the available sewer and/or water capacity of the area.

5. The floor area of the habitable accessory building shall not exceed 25 percent of the floor area contained in the main residence (not including garage area) or 1,500 square feet, whichever is less. However, a habitable accessory building shall not be required to contain less than 500 square feet unless this is necessary to meet lot coverage or setback requirements.

6. The habitable accessory building shall never be rented or leased as a separate unit and no kitchen facilities shall ever be installed. A deed restriction stating these limitations shall be recorded with the County Recorder.

7. No more than one habitable accessory building allowed pursuant to this subsection shall be permitted on a lot.

C. Detached Nonhabitable Accessory Buildings. Detached nonhabitable accessory buildings with a projected roof area that exceeds 120 square feet shall comply with the following:

1. Size. On lots less than two net acres in size, a detached nonhabitable accessory building shall not be greater than 50 percent of the gross floor area of the living space of the main residence on the lot or 1,500 square feet, whichever is less. A garage with a gross floor area no greater than 600 square feet is permitted regardless of the living space of the main building, if no other garage is located on the lot. A detached nonhabitable accessory building that does not exceed 50 percent of the gross floor area of the living space of the main residence on the lot but is greater than 1,500 square feet may be approved with a minor development review permit pursuant to Chapter 17.52 PMC.

2. Height and Setbacks. A detached nonhabitable accessory building shall meet all of the required setbacks, height and lot coverage requirements contained in PMC 17.08.160, except that a building that is no taller than 15 feet in one story may be allowed to encroach into the required rear and interior side yard setbacks as follows, provided the overall lot coverage is not exceeded:

a. Rear Yard Setback. Located no closer than five feet from the rear property line, excluding eave overhang, and at least 10 feet from the main residence or other detached accessory building.

b. Interior Side Yard Setback. Located no closer than five feet from the interior side property line, excluding eave overhang, and at least 10 feet from the main residence or other detached accessory building and within the rear yard area only.

3. A deed restriction stating that the accessory building will not be rented or leased as a separate unit, and no kitchen facilities will be installed, shall be recorded with the County Recorder.

D. Detached buildings with a projected roof area less than 120 square feet may be located anywhere on a single-family residential lot, except within the front and street side yard areas, provided the eaves do not overhang the adjacent property. These buildings shall not exceed eight feet in height.

E. Canopies, patios and breezeways attached to the main residence or connecting the main residence with a detached accessory building may extend into a required rear or interior side yard; provided, that portions of such structures extending into the yard comply with all of the following:

1. Height. Shall not exceed 15 feet in height.

2. Interior and Rear Yard Setback. Shall be located at least five feet from an interior side yard and at least 10 feet from the rear lot line.

3. Front and Street Side Yard Setback. Shall comply with the setbacks of the main residence.

4. Design. Shall be entirely open on at least three sides for patios and canopies except for necessary supporting columns. A roof connecting a main residence and an accessory building shall be open on two sides.

F. Porches, steps, architectural features such as eaves, awnings, and chimneys, and balconies, stairways, wing walls or bay windows may project not more than four feet into any required front or rear yard area, nor into any required interior or street side yard setback more than one-half of said required side yard setback.

G. Swimming pools or spas, including mechanical equipment, diving boards, slides and similar devices, shall be located a minimum of three feet from the main residence on the lot and at least five feet from the property line and shall comply with all fencing requirements of PMC 8.52.050. In no instances shall swimming pools or spas be located within the front yard setback. (Ord. 679 § 4, 2008; Ord. 578 § 2, 2003; Ord. 518, 1999; Ord. 481 § 3, 1997)

17.08.185 Guest houses.

Repealed by Ord. 679. (Ord. 518, 1999; Ord. 481 § 3, 1997)

17.08.190 Tract subdivision construction.

A. Front yard setbacks in subdivision tract developments may be reduced up to 40 percent on a maximum of one-half of the units however no setbacks shall be less than 18 feet to the garage for front entry and 15 feet to the garage for side entry.

B. A minimum of three floor plans shall be provided up to 50 units; a minimum of four plans shall be provided for between 50 and 100 units; and one additional plan shall be provided for each 50 additional units (or part thereof) over the first 100 units. At least one one-story plan shall be provided.

C. A minimum of three facade treatments which vary entry, window type and treatment, exterior materials, and color shall be provided per plan.

D. Roof style, material, and height shall be varied with each architectural elevation design and floor plan.

E. The use of side entry or rear garages is encouraged. (Ord. 481 § 3, 1997)

17.08.200 Affordable housing development standards.

Repealed by Ord. 701. (Ord. 481 § 3, 1997; Ord. 470 § 2(B), 1996)

17.08.210 Manufactured housing development standards.

For manufactured housing the following additional requirements shall apply:

A. Roofs shall have an eave overhang of at least 12 inches on all sides.

B. A manufactured home may not be installed if more than 10 years have elapsed between the date of manufacture of the manufactured home and the date a complete minor development review application for installation of that home is received. (Ord. 481 § 3, 1997)

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

In the RC and RA zones, including the conversion of apartments to condominiums where permitted by PMC 17.08.100(H)(3), the following performance standards shall be met:

A. Masonry walls six feet in height, from the highest finished grade, shall be required on the rear and side property lines. Framed stucco walls may be permitted in lieu of a masonry wall upon determination by the City Council that such substituted wall is compatible with the proposed project and surrounding property uses. When adjacent to commercial or single-family residential zones, walls shall be eight feet in height unless the adjacent grade of the property in those zones is four feet or more lower or higher than the project site. When adjacent to another multiple-family (RA or RC), or mobile home park zone, block pilasters connected with solid wood (cedar or redwood) or framed stucco may be used instead of masonry. No walls are required on front or street side yards unless needed for noise attenuation and/or privacy.

B. Where a lot fronts on more than one street it shall be considered to have multiple frontages and be required to meet the front yard setback requirement on all street frontages.

C. In RC and RA zones, any building exceeding 15 feet in height shall maintain a minimum setback of 50 feet from any single-family zone; and buildings less than 15 feet in height shall maintain a minimum setback of 25 feet from any single-family zone. In situations where the adjacent single-family zone property is six feet or greater in height above the RA or RC zoned property, a minimum setback of 25 feet shall be maintained.

D. When an RC and/or RA lot is adjacent to any single-family zone, a minimum 15 feet of landscaping shall be maintained on the RC and/or RA lot between such uses.

E. No less than 10 percent of the floor area shall be provided as private open area per ground floor unit and for units contained wholly on the second story.

F. A minimum of 250 cubic feet of lockable, enclosed storage per unit shall be provided in the garage or carport area, substitutions may be approved by the City Council.

G. The following recreation facilities shall be provided at a minimum unless waived by the City Council:

1. Landscaped park-like quiet area;

2. Children’s play area;

3. Family picnic area; and

4. Swimming pool with cabana or patio cover.

H. A minimum of one clothes washer and one clothes dryer per 10 dwelling units located conveniently throughout the development. In the RC zone, the provision of one clothes washer and one clothes dryer hookup per dwelling unit shall meet this requirement.

I. Individual trash areas, screened from view of the roadway, shall be provided for each dwelling unit in the RC zone; conveniently located trash enclosures, per City standards, shall be provided for dwelling units in the RA zone.

J. A minimum of 50 trees per net acre shall be required as part of the landscaping requirements; 20 percent shall be 24-inch box size or larger, 70 percent shall be 15-gallon size and 10 percent shall be five-gallon size.

K. Recreation vehicle parking areas shall be provided, fully screened from view or the development shall prohibit all parking of recreation vehicles.

L. Lighting.

1. All outdoor light fixtures, including but not limited to illuminated signage, decorative building or landscape lighting, illuminated recreational facilities, and parking lot lighting within multifamily residential zones, shall be turned off between the hours of 11:00 p.m. and sunrise, except when used for security purposes, illumination of roadways, sidewalks, and similar safety-related applications. Automatic timing devices shall be integrated into all new or modified lighting systems to turn off lights at 11:00 p.m.

2. All lighting used in parking lots, for security purposes or similar safety-related uses, shall be low-pressure sodium except where the City Council has issued an exemption permit to allow high pressure sodium lighting. The City Council may issue such exemption permits where the Council finds that unusual circumstances dictate the use of brighter lighting for safety reasons.

3. All exterior lighting shall be scheduled so that light rays emitted by the fixture are projected below the imaginary horizontal plane passing through the lowest point of the fixture and in such a manner that the light is directed away from streets and adjoining properties.

4. Illuminators should be integrated with the architecture of the building.

5. Freestanding lamp posts shall be no taller than 18 feet.

6. The intensity of light at the boundary of any multifamily zone shall not exceed 75-foot lamberts from a source of reflected light.

7. Compliance with this section shall be applicable to all new construction and/or the expansion or rehabilitation of any facility or structure by more than 50 percent of its value. (Ord. 484 § 2(A), 1997; Ord. 481 § 3, 1997; Ord. 192 § 1 (Exh. A), 1986; Ord. 172 § 1 (Exh. A), 1985; Ord. 125, 1984; Ord. 113 § 1 (Exh. A 2.3(B)), 1983)

17.08.230 Performance standards in residential zones. Amended Ord. 771

A. The noise level emanating from any residential use or operation shall not exceed 60 dBA CNEL for the RR-A through RR-C and RS zones and 65 dBA CNEL for the RC and RA zones, as the acceptable outdoor noise exposure level when measured at the property line. The interior noise levels shall not exceed 45 dBA CNEL for all residential uses.

B. For schools, libraries, churches, hospitals, nursing homes, park and recreation areas, the outdoor acceptable exposure level shall not exceed 70 dBA CNEL when measured at the property line.

C. Air conditioners, antennas, heating, cooling ventilating equipment and all other mechanical, lighting or electrical devices shall be so operated that they do not disturb the peace, quiet and comfort of neighboring residents and shall be screened, shielded and/or sound buffered from surrounding properties and streets. All equipment shall be installed and operated in accordance with all other applicable ordinances. Heights of said equipment shall not exceed the required height of the zone in which they are located.

D. Required front and street side yards shall be landscaped and shall consist predominantly of trees, plant materials, ground cover and decorative rocks, except for necessary walks, drives and fences. All required landscaping shall be permanently maintained in a healthy and thriving condition, free from weeds, trash and debris.

E. Semi-trucks and trailers, dump trucks, moving vans and other heavy-duty commercial vehicles shall not be parked on any residentially zoned lot for a period of longer than eight hours. (Ord. 674 § 11, 2008; Ord. 481 § 3, 1997; Ord. 456 § 1, 1996; Ord. 293 § 2, 1989; Ord. 225 § 1, 1987; Ord.

178 § 1(A), 1985; Ord. 113 § 1 (Exh. A 2.3(A)), 1983)

17.08.240 Walls and fences.

Requirements for walls and fences in residential zones shall be as follows:

A. A wall, fence, retaining wall, or driveway entry gate and associated pilasters including any appurtenances or any combination thereof shall not exceed six feet in height, except as herein provided.

1. When a retaining wall is used to increase usable lot area, the sum total of any combination of fence or wall and retaining wall shall not exceed six feet in height unless a five-foot landscape area is provided between the retaining wall and fence or wall. A series of retaining walls and fence or wall is allowed in conjunction with the five-foot landscape area, provided each individual fence and wall or retaining wall shall not exceed six feet in height as conceptually shown in Figure A below.

2. Within the required front yard area, at a minimum, the top two feet of a six-foot fence or wall shall be constructed of open fencing as conceptually shown in Figure B below, unless the wall is a retaining wall, a driveway entry gate and associated pilasters, or additional height is approved for noise attenuation purposes.

3. The maximum height of driveway entry gates and associated pilasters, on properties that are at least one acre in size and zoned RR-A, RR-B, RR-C, or RS-1, shall not exceed seven feet. A driveway entry gate and associated pilasters shall be located adjacent to a driveway and may be located within the front yard setback area, provided a minimum 20-foot setback is maintained to the edge of the street intersecting the driveway to allow the vehicle entering the property to stop in the driveway during operation of the gate without impacting traffic in the street.

B. A solid wall or fence not more than six feet in height may be maintained along the interior side of rear lot lines, except as required by PMC 17.08.220(A); provided, that such wall or fence does not extend into a required front yard except for noise attenuation as required by the City and as provided in this chapter.

C. A wall or fence adjacent to a driveway or street providing vehicular access to an abutting lot or street shall not exceed three feet in height within 15 feet of the intersection of the driveway and the street right-of-way and/or shall comply with CalTrans’s design standards for site visibility. Corner cut-offs may be required for safety and visibility (see examples following).

 

D. Fiberglass sheeting, bamboo sheeting or other similar temporary material shall not be permitted as a fencing material on street yard frontages.

E. A wall or fence up to eight feet in height may be allowed by the Director of Development Services where necessary for noise attenuation from arterial streets or other noise sources.

F. Where barbed wire strands, razor wire, or concertina wire (coiled barbed wire) is placed at the top of a wall or fence, such materials shall maintain a minimum vertical clearance of six feet above grade, shall extend no more than one foot above the top of the wall or fence, and shall be maintained in a safe condition. Such strands of wire shall not be counted in the overall allowable fence height.

G. It is unlawful to place razor wire or concertina wire on the rooftop of any building.

H. It is unlawful for an owner of a parcel of land within the City to keep barbed wire or any other type of wire fencing in an unsafe, abandoned, or materially dangerous condition. Unmaintained wire fencing, including but not limited to barbed wire, razor wire, and concertina wire (coiled barbed wire), is declared to be a public nuisance and shall be subject to the nuisance abatement procedure, Chapter 8.72 PMC.

I. All fences (including retaining walls) shall be constructed of new or good used material and in accordance with the methods of construction which conform to the requirements of the Uniform Building Code. Additionally, they shall be maintained in a state of good repair. Any dilapidated, dangerous or unsightly fences or retaining walls shall be repaired or removed.

J. Retaining walls, which have a walking surface adjacent to the top of the retaining wall, shall be equipped with an open and decorative metal railing on the top of the retaining wall for safety as deemed necessary by the City Building Official. The height of the required railing shall not be considered in the overall height measurement of the retaining wall. (Ord. 685 § 3, 2009; Ord. 674 §§ 12 – 15, 2008; Ord. 518, 1999; Ord. 481 § 3, 1997; Ord. 232 § 1, 1987; Ord. 195 § 1, 1986; Ord. 172 § 1 (Exh. A), 1985; Ord. 162 § 1, 1985; Ord. 113 § 1 (Exh. A 2.5), 1983)