Chapter 17.44


17.44.010    Purpose and intent.

17.44.020    Permitted uses and structures.

17.44.030    Property development regulations.

17.44.040    Specific requirements.

17.44.050    Off-street parking requirements.

17.44.010 Purpose and intent.

The purpose and intent of the right-of-way zone (ROW) is to provide appropriate zoning regulations for the following public rights-of-way as designated in the Solana Beach general plan: (1) Interstate Freeway 5, (2) Lomas Santa Fe Drive, (3) Highway 101, and (4) the Santa Fe Railroad. These rights-of-way provide essential transportation corridors serving both local and regional needs and have importance as public utility delivery, parking, recreation and scenic/open space corridors. More specifically the right-of-way zone is intended to:

A. Maintain the efficient functioning of existing transportation corridors;

B. Maintain and enhance existing bicycle routes and pedestrian walkways;

C. Ensure compatibility of right-of-way uses with adjacent land uses;

D. Preserve open space and scenic values where appropriate. (Ord. 185 § 2, 1993)

17.44.020 Permitted uses and structures.

A. Principal and Conditional Uses. The uses permitted in the right-of-way zone shall be as indicated in SBMC 17.12.020 (Use Regulations Matrix) Table 17.12.020-A. Conditional, and prohibited uses are indicated as follows:

“C”    indicates that the use is subject to a conditional use permit issued by the director of community development in accordance with SBMC 17.68.010 (Conditional Use Permits).

“CC”    indicates that the use is subject to a conditional use permit issued by the city council in accordance with SBMC 17.68.010 (Conditional Use Permits).

“E”    indicates that the use shall be prohibited within the zone.

In addition to the uses listed in the use regulations matrix, roadway improvements, sidewalks, street lighting, underground utilities, and associated public improvements are permitted uses within the (ROW) zone. Such uses are permitted rights-of-way uses for all zones throughout the city of Solana Beach. (See also SBMC 17.68.070, Exclusions from Permit Requirements for Repair, Maintenance, and Utility Hook-Ups).

In the event a use is not specifically listed in Table 17.12.020-A, the director of community development shall have the authority to categorize such use in accordance with the procedure outlined in SBMC 17.12.030 (Use Determination).

B. Encroachment Permit Required. Any permanent use of the right-of-way, other than roadway improvements, sidewalks, street lighting, underground utilities and associated public improvements shall require an encroachment permit pursuant to SBMC 11.20.200. Such permit shall be in addition to any required conditional use permit.

C. Temporary Uses and Structures. Temporary uses and structures may be permitted in (ROW) zone, as appropriate, pursuant to the regulations of SBMC 17.60.010 (Temporary Uses and Structures). (Ord. 185 § 2, 1993)

17.44.030 Property development regulations.

All property development regulations for the (ROW) zone shall be determined on an individual basis in conjunction with a conditional use permit provided:

A. A minimum 10-foot setback shall be required where any portion of the right-of-way abuts a residential property.

B. The maximum building height shall be 30 feet. (Ord. 185 § 2, 1993)

17.44.040 Specific requirements.

A. No principal or accessory building shall be located within five feet of the actual roadway, except public transportation facilities.

B. Any use or development within the (ROW) zone shall be subordinate to the transportation and public utilities function of the right-of-way and shall be conditioned as necessary to accommodate future roadway expansion or other public improvements.

C. The removal of native vegetation shall be minimized. New landscaping shall be used to the maximum extent practicable to restore existing disturbed areas.

D. The placement of buildings, parking areas, and landscaping shall not detract from the visual setting or obstruct significant views, and shall be compatible with the topography of adjacent areas.

E. All drainage shall be directed into appropriate city storm systems.

F. Signs shall be prohibited in the (ROW) zone except for directional, warning, traffic control, informational, community identification or temporary special event signs or structures pursuant to SBMC 17.64.040 (Comprehensive Sign Ordinance). (Ord. 185 § 2, 1993)

17.44.050 Off-street parking requirements.

Parking and loading requirements shall be as prescribed in Chapter 17.52 SBMC. (Ord. 185 § 2, 1993)